TITLE XXIII
LABOR

CHAPTER 282-A
UNEMPLOYMENT COMPENSATION

Self-Employment Assistance Program

Section 282-A:31-h

    282-A:31-h Self-Employment Assistance Program. –
I. There shall be in the department of employment security, a self-employment assistance program. Participants in the self-employment assistance program shall receive an allowance in lieu of regular benefits so long as participants meet the conditions established by this subdivision.
II. An individual may receive a self-employment assistance allowance if that individual:
(a) Is eligible to receive regular benefits or would be eligible to receive regular benefits except as provided in paragraph V;
(b) Is identified by a worker profiling system as an individual likely to exhaust regular benefits;
(c) Has filed an application for participation in a self-employment assistance program within 60 days of filing an initial application for regular benefits and has provided such information as the commissioner may prescribe;
(d) Has, at the time the application is filed, a balance of regular benefits equal to at least 18 times the individual's weekly benefit amount and at least 18 weeks remaining in the individual's benefit year;
(e) Has been accepted into a program approved by the commissioner that will provide self-employment assistance activities;
(f) Is participating in self-employment assistance activities;
(g) Is actively engaged on a full-time basis in activities, which may include training, related to establishing a business and becoming self-employed; and
(h) Has filed a weekly claim for the self-employment assistance allowance and provided the information the commissioner prescribes.
III. The weekly amount of a self-employment assistance allowance payable to an individual under this section shall be equal to the weekly benefit amount for regular benefits otherwise payable under RSA 282-A:25.
IV. The sum of the self-employment assistance allowance paid under this section, and regular benefits paid under this chapter may not exceed the maximum amount of benefits established under RSA 282-A:25 of this chapter with respect to any benefit year.
V. Unemployment assistance shall be payable to participants in the self-employment assistance program at the same interval, on the same terms, and subject to the same conditions as regular benefits except that:
(a) The requirements of this chapter relating to availability for work and active search for work shall not be applicable to the participant.
(b) The requirements of this chapter relating to refusal to accept work shall not be applicable to the participant.
(c) The requirements of this chapter relating to disqualifying income shall not be applicable to income earned from self-employment by the participant.
(d) A participant who meets the requirements of this section shall be considered unemployed for the purposes of this chapter.
(e) A participant who fails to participate in self-employment assistance activities or who fails to actively engage on a full-time basis in activities, which may include training related to establishing a business and becoming self-employed, shall be denied benefits for the week the failure occurs.
VI. The aggregate number of individuals participating in the self-employment assistance program at any time may not exceed 2.5 percent of the number of individuals receiving regular benefits at that time.
VII. Self-employment assistance allowances shall be charged to the unemployment trust fund established in RSA 282-A:103.
VIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Procedures for application to the self-employment assistance program.
(b) The definition of self-employment activities and self-employment assistance activities.
(c) Procedures for filing weekly claims for assistance while participating in the self-employment assistance program.
(d) Any other matters that may require rules under the provisions of this subdivision.
IX. The commissioner may terminate a participant's self-employment assistance allowance when the commissioner deems it appropriate.

Source. 2013, 218:1, eff. July 1, 2013.