§ 26 §1191 — Payment and amounts

1.
Payment of benefits.
Benefits must be paid from the Unemployment Compensation Fund through public employment offices or such other agencies as the commissioner may by rule prescribe, and in accordance with such rules as the commissioner may prescribe.
2.
Weekly benefit amount for total unemployment.
Each eligible individual establishing a benefit year on or after October 1, 1983 and before January 1, 2000 who is totally unemployed in any week must be paid with respect to that week benefits equal to 1/22 of the wages, rounded to the nearest lower full dollar amount, paid to that individual in the high quarter of the base period, but not less than $12. Each eligible individual establishing a benefit year on or after January 1, 2000 who is totally unemployed in any week must be paid with respect to that week benefits equal to 1/22 of the average of the wages, rounded to the nearest lower full dollar amount, paid to that individual in the 2 highest quarters of the base period. The maximum weekly benefit amount for claimants requesting insured status determination beginning October 1, 1983 and thereafter from June 1st of a calendar year to May 31st of the next calendar year may not exceed 52% of the annual average weekly wage, rounded to the nearest lower full dollar amount, paid in the calendar year preceding June 1st of that calendar year. For the period from September 28, 1997 to December 31, 1999, the maximum weekly benefit amount is limited to 94% of the amount calculated previously in this subsection, rounded to the nearest lower full dollar amount. For claimants requesting insured status determination on or after April 1, 1995 and before January 1, 2000, the weekly benefit amount must be the amount determined by this subsection minus $3.
3.
Weekly benefit for partial unemployment.
Each eligible individual who is partially unemployed in any week must be paid a partial benefit for that week. The partial benefit is equal to the weekly benefit amount less the individual's weekly earnings in excess of $25, except that, beginning the first full benefit week beginning on or after January 1, 2018, the partial benefit is equal to the weekly benefit amount less the individual's weekly earnings in excess of $100. On the first Sunday of June 2022 and each first Sunday of June thereafter, the individual’s earnings disregard then in effect must be increased by the increase, if any, in the cost of living. The increase in the cost of living must be measured by the percentage increase, if any, as of December of the previous year over the level as of December of the year preceding that year in the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, for the Northeast Region, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency, with the amount of the individual’s earnings disregard rounded up to the nearest dollar. The following amounts are not considered wages for purposes of this subsection:
4.
Maximum amount of benefits.
The maximum amount of benefits that may be paid to any eligible individual with respect to any benefit year, whether for total or partial unemployment, may not exceed the lesser of 26 times the individual's weekly benefit amount or 33 1/3%, rounded to the nearest dollar, of the individual's total wages paid for insured work during the individual's base period, plus the supplemental weekly benefit for dependents payable under subsection 6.
5.
Minimum amount of benefits.
An individual otherwise eligible for benefits, whether for total or partial unemployment, with respect to any benefit year may not be considered to have exhausted that individual's benefits in any benefit year until that individual has received in benefits at least $300, notwithstanding any other provision in this chapter to the contrary.
6.
Supplemental benefit for dependents.
An individual in total or partial unemployment and otherwise eligible for benefits must be paid for each week of that unemployment, in addition to the amounts payable under subsections 2 and 3, the sum of $25 for each unemancipated child of the individual who in any part of the benefit year and during any part of the individual's period of eligibility is, in fact, dependent upon and is being supported by the individual, and who is under the age of 18, or who is 18 years of age or over and incapable of earning wages because of mental or physical incapacity, or who is a full-time student as defined in Title 39‑A, section 102, subsection 8, paragraph C, or who is in that individual's custody pending the adjudication of a petition filed by the individual for the adoption of the child in a court of competent jurisdiction and for each such child for whom that individual is under a decree or order from a court of competent jurisdiction to contribute to that child's support and for whom no other person is receiving allowances hereunder. In no instance may the dependency benefits as provided in this subsection be more than 75% of the individual's weekly benefit amount.
7.
Child support obligations deducted and withheld from benefits.
Child support obligations shall be deducted and withheld from benefits as follows.
8.
Unemployment compensation; rounded to lowest dollar amount.
Notwithstanding any other provisions of this law to the contrary, any amount of unemployment compensation payable to any individual for any week if not an even dollar amount, shall be rounded to the next lower full dollar amount.
9.
Voluntary withholding of income tax.
Individuals must be notified that federal, state and local income tax may be withheld from payments made on or after January 1, 1997 as follows.
10.
Estimated benefit.
Upon inquiry from an individual, the Department of Labor shall provide an estimate of the amount and duration of benefits likely to be paid to that individual under this chapter if the individual applied for benefits that day. If the inquiry is made within 2 weeks before the beginning of a calendar quarter, the Department of Labor shall also provide an estimate of the duration and amount of benefits likely to be paid to that individual if the individual applied for benefits after the beginning of that calendar quarter. Inquiries under this subsection may be made and answered over the telephone and are not considered applications for benefits.

Legislative History

PL 1965, c. 217, §2 (AMD). PL 1965, c. 381, §§8-10 (AMD). PL 1965, c. 457, §§2,3 (AMD). PL 1967, c. 323 (AMD). PL 1967, c. 398, §2 (AMD). PL 1969, c. 388 (AMD). PL 1971, c. 538, §§21,22 (AMD). PL 1975, c. 568, §§1,2 (AMD). PL 1975, c. 710, §1-A (AMD). PL 1975, c. 720 (AMD). PL 1977, c. 444 (AMD). PL 1979, c. 515, §12 (AMD). PL 1981, c. 342, §§1,2 (AMD). PL 1981, c. 548, §1 (AMD). PL 1983, c. 13, §§3-6 (AMD). PL 1983, c. 305, §§2,3 (AMD). PL 1983, c. 862, §75 (AMD). PL 1985, c. 591, §4 (AMD). PL 1985, c. 737, §A71 (AMD). PL 1985, c. 814, §J2 (AMD). PL 1987, c. 570, §2 (AMD). PL 1987, c. 636, §1 (AMD). PL 1989, c. 363, §1 (AMD). PL 1991, c. 193, §3 (AMD). PL 1991, c. 870, §2 (AMD). PL 1991, c. 885, §E38 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 6, §C10 (AMD). PL 1993, c. 22, §2 (AMD). PL 1993, c. 528, §1 (AMD). PL 1995, c. 9, §2 (AMD). PL 1995, c. 554, §1 (AMD). PL 1995, c. 694, §D53 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 380, §1 (AMD). PL 1997, c. 745, §1 (AMD). PL 1999, c. 464, §6 (AMD). PL 2003, c. 95, §1 (AMD). RR 2009, c. 2, §77 (COR). PL 2009, c. 271, §2 (AMD). PL 2009, c. 466, §1 (AMD). PL 2017, c. 284, Pt. CCCCC, §1 (AMD). PL 2021, c. 456, §§14-16 (AMD). PL 2023, c. 405, Pt. C, §16 (AMD). RR 2023, c. 2, Pt. E, §88 (COR). PL 2025, c. 235, §9 (AMD). RR 2025, c. 1, Pt. A, §35 (COR).