NY Lab L § 591-A (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 591-A - Self-Employment Assistance Program.

* §  591-a.  Self-employment  assistance program. 1. The department is hereby  authorized  and   empowered   to   establish   and   operate   a self-employment  assistance program as authorized pursuant to subsection (t) of section 3306 of the internal revenue code.   2. For  the  purposes  of  this  section,  the  term  "self-employment assistance program" means a program under which:  (a)  individuals  who meet the requirements described in paragraph (c) of this subdivision are eligible to receive  an  allowance  in  lieu  of regular   unemployment  benefits  for  the  purpose  of  assisting  such individuals in establishing a business and becoming self-employed;  (b) the allowance payable to individuals pursuant to paragraph (a)  of this subdivision is payable in the same amount, at the same interval, on the  same  terms,  and  subject  to  the  same  conditions,  as  regular unemployment benefits and the sum  of  any  allowance  paid  under  this section  and  regular benefits, as defined in this section, paid for any benefit year shall not exceed the maximum  amount  of  benefits  payable under this article, except:   ** (i)  requirements  relating  to  total  unemployment, as defined in section five hundred twenty-two of this article, availability  for  work and  search  for  work,  as set forth in subdivision two of section five hundred ninety-one of this title and refusal  to  accept  work,  as  set forth  in  subdivision  two of section five hundred ninety-three of this title, are not applicable to such individuals;   ** NB Effective until April 1, 2022 or 30 days after the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   ** (i) requirements relating to  total  unemployment,  as  defined  in section  five  hundred twenty-two of this article, availability for work and search for work, as set forth in subdivision  two  of  section  five hundred  ninety-one  of  this  title  and refusal to accept work, as set forth in subdivision two of section five hundred  ninety-three  of  this title, are not applicable to such individuals;   ** NB  Effective  April  1,  2022 or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   ** (ii) requirements relating to disqualifying income, as set forth in section five hundred twenty-three of this article, are not applicable to income earned from self-employment entered into by such individuals as a result  of their participation in self-employment assistance programs as defined in this section; and   ** NB Effective until April 1, 2022 or 30 days after the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   ** (ii) requirements relating to disqualifying income, as set forth in sections five hundred  twenty-five  and  five  hundred  ninety  of  this article,  are  not  applicable  to  income  earned  from self-employment entered into by such individuals as a result of their  participation  in self-employment assistance programs as defined in this section; and   ** NB  Effective  April  1,  2022 or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier  (iii)  such  individuals  are  considered  to  be  unemployed  for the purposes of laws applicable to unemployment benefits, as  long  as  such individuals meet the requirements applicable under this subdivision;  (c)  individuals  may receive the allowance described in paragraph (a) of this subdivision if such individuals:  (i)  are eligible to receive regular unemployment benefits or would be eligible to receive such benefits except for the requirements set  forth in  subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For purposes of this section, regular unemployment benefits  means  benefits payable  under  this  article,  including  benefits  payable  to federal civilian employees and to ex-servicemen and servicewomen pursuant  to  5 USC   Chapter   85,   and   benefits  authorized  to  be  used  for  the self-employment  assistance  program  pursuant  to   the   Federal-State Extended  Unemployment Compensation Act of 1970 but excluding additional benefits;  (ii)  are  identified  pursuant  to  a  worker  profiling  system   as individuals likely to exhaust regular unemployment benefits;  (iii)  are  participating  in  self-employment  assistance  activities approved by the department and by the department of economic development which include but need  not  be  limited  to  entrepreneurial  training, business  counseling,  and  technical  assistance,  including  financing assistance  for  qualified  individuals  as  appropriate,   offered   by entrepreneurship  assistance centers established pursuant to section two hundred eleven of the economic development law, state university of  New York   small   business   development   centers,   programs  offered  by community-based  organizations,  local  development  corporations,   and boards  of  cooperative  educational  services  (BOCES)  as  established pursuant to section one thousand nine hundred  fifty  of  the  education law;  and,  unless  otherwise  required by federal law or regulation, no individual shall be prohibited from or disqualified from eligibility for the program if prior to applying for  the  program,  an  individual  has printed business cards or has a website that is designed but not active, and neither are being used to solicit or conduct business;  (iv)  are  actively  engaged on a full-time basis in activities, which may include training, relating to the establishment of  a  business  and becoming self-employed;  (v)   are   not   individuals  who  have  previously  participated  in self-employment assistance programs pursuant to this section; and  (d) the aggregate number of individuals receiving the allowance  under the  program  does  not at any time exceed five percent of the number of individuals receiving regular unemployment benefits at such time.   3. Each self-employment assistance program applicant shall provide  at a  minimum,  in  such  form  and  at  such  time as the commissioner may prescribe, the following information:  (a) a description of the proposed self-employment;  (b) a description of  such  applicant's  knowledge  of  experience  in self-employment or such applicant's knowledge of and experience with the particular  product to be manufactured, produced, processed, distributed or sold or service to be provided;  (c) the names and addresses of  such  applicant's  previous  employers during  the  two  years  immediately  preceding the date of applying for regular unemployment insurance benefits; and a  (d)  a  description  of  each  applicant's  work  activity   and   the applicant's  previous employer's activity at the work locations to which the applicant was assigned during said two year period.   4.  Among  individuals  seeking  participation  in  a  self-employment assistance  program,  the  department  shall  give  preference  to those individuals who propose businesses not likely to compete  directly  with the business of any base period employer of the individual.   * NB Repealed December 7, 2021