Section Emp 501.04 - Filing Continued, Reopened, and Additional Claims(a) The following definitions shall apply to this section:(1) A "continued claim" is an application for either total or partial unemployment compensation for: a. A week beginning on the effective date of the initial, reopened, or additional claim; andb. Any consecutive week thereafter.(2) A "reopened claim" is an application for either total or partial unemployment compensation for a week occurring during the benefit year established by an initial claim, immediately following any 7 day period for which the claimant did not file for benefits or with respect to which the claimant did not or will not receive benefits.(3) An "additional claim" is a reopened claim which the claimant files when he or she has had employment since the filing of an initial claim.(b) A claimant shall file a continued, reopened, or additional claim as provided in this rule.(c) A continued, reopened, or additional claim shall be filed online at https://nhuis.nh.gov/claimant/login or as follows: (1) If a claimant is unable to file a continued, reopened, or additional claim online from outside of the department, he or she may file online by visiting any local or itinerant office of the department;(2) If a claimant is unable to file a continued, reopened, or additional claim online either from outside of the department or at a local or itinerant office of the department, he or she may file by providing the necessary information over the telephone to a department staff member who shall assist in filing an online continued, reopened, or additional claim; or(3) If a claimant is unable to file a continued claim online from outside of the department or as listed in (1) and (2) above, he or she may, if instructed or permitted by the Department, file by United States mail, using the "New Hampshire Employment Security Continued Claim Form" (NHES 0180 R-2/18).(4) If a claimant is unable to file a reopened or additional claim online from outside of the department or as listed in (1) and (2) above, he or she may, if instructed or permitted by the Department, file by United States mail, using the "New Hampshire Employment Security Unemployment Insurance Application," (NHES 0178 R-2/18).(d) Department staff shall be available during regular business hours to assist the claimant to input any information into the online application or to input information on behalf of the claimant if the claimant is filing in a manner permitted pursuant to Emp 501.04(c)(2).(e) If filing online, the claimant shall access the claimant login page at https://nhuis.nh.gov/claimant/login directly or by going to the New Hampshire employment security homepage at www.nhes.nh.gov and selecting the prompt "File a Claim for Benefits."(f) If the claimant has not yet registered to conduct business online with the department, the claimant shall follow the procedures set out at Emp 405.02.(g) At the login page, indicated in (e) the claimant shall:(1) Select a filing location from a drop down menu at the prompt "Location";(2) Enter his or her login name and password to access his or her homepage; and(3) Select the prompt "login" to access the claimant's homepage.(h) At the claimant's homepage, the claimant shall be presented with and shall choose a prompt appropriate to his or her filing status, as follows: (1) For claimants filing a continued claim, choose "File for weekly benefits for week ending";(2) For claimants filing a reopened or additional claim, choose "Reopen your claim for Unemployment Insurance Benefits."(i) To file a continued claim, the claimant shall complete and submit the "Continued Claim" form (CCF-07-18).(j) The claimant shall provide all requested information and shall agree to the following certification by clicking on the check box provided: "I understand that the answers I give to the above questions may affect my rights to benefit payments. I certify that these statements are true and correct. I certify that I am not claiming or receiving benefits from any other unemployment program for the above week. I certify that I have not previously provided false information or failed to disclose information about employment history, employment status, earnings, availability for work, or other matters concerning my eligibility for benefits. I understand that RSA 282-A:161-165 provides civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim submitted for processing."
(k) The claimant shall submit his or her claim by choosing the prompt "Certify Claim."(l) For claimants who file continued claims pursuant to Emp 501.04(c)(3) above, the "New Hampshire Employment Security Continued Claim Form" (NHES 0180 R-2/18) shall be signed and dated by the claimant subject to the following certification: "Certification: I understand that the answers I give to the above questions may affect my rights to benefit payments. I certify that these statements are true and correct. I certify that I am not claiming or receiving benefits from any other unemployment program for the above week. I certify that I have not previously provided false information or failed to disclose information about employment history, employment status, earnings, availability for work, or other matters concerning my eligibility for benefits. I understand that RSA 282-A:161-165 provides civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim submitted for processing."
(m) A claimant filing a reopened claim, upon choosing the prompt "Reopen your claim for Unemployment Insurance Benefits" at his or her homepage, shall be presented with and shall complete and submit the "Initial Claim" form (ICF-07-18).(n) The claimant shall provide all requested information and shall agree to the following certification by clicking on the check box provided: "I have reviewed all of the information that I have provided by clicking on the + sign for each of the above sections and I certify that the information provided is complete and correct. I further certify that I am partially or totally unemployed. I hereby make this application for determination of my eligibility to collect unemployment benefits and register for work, unless specifically exempt. I understand that RSA 282-A:161-165 provides civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim submitted for processing."; and
(o) The claimant shall then submit his or her claim by choosing the prompt "Certify Claim."(p) If the department is aware, based on departmental records, that a claimant filing a reopened claim has had employment since his or her last filed initial or continued claim, the department shall process the reopened claim as an additional claim and shall direct the claimant to the "Initial Claim" form (ICF-07-18).(q) To file an additional claim, the claimant shall complete and submit the "Initial Claim" form (ICF-07-18). (1) For claimants filing an additional claim, the department shall provide an updated list of employers and employment on the "Initial Claim" form (ICF-07-18).(2) By completing and certifying to the "Initial Claim" form (ICF-07-18), a claimant filing an additional claim shall acknowledge that the updated list of employers or employment is accurate.(r) The claimant shall provide all requested information and shall agree to the following certification by clicking on the check box provided: "I have reviewed all of the information that I have provided by clicking on the + sign for each of the above sections and I certify that the information provided is complete and correct. I further certify that I am partially or totally unemployed. I hereby make this application for determination of my eligibility to collect unemployment benefits and register for work, unless specifically exempt. I understand that RSA 282-A:161-165 provides civil and criminal penalties for false statements made to obtain benefits. I agree to all of the above and want my claim submitted for processing."; and
(s) The claimant shall then submit his or her claim by choosing the prompt "Certify Claim."(t) A continued claim shall be allowed for the week during which it is filed if: (1) It is timely filed in accordance with this section; and(2) For a claimant filing a paper continued claim pursuant to subsection (b)(3) above, he or she has been instructed or permitted by the department to file by paper because he or she is unable to file in accordance with(b)(1) or (2).(u) A continued claim filed on-line shall be timely if:(1) The application on which it is filed is active; and(2) The continued claim is filed: a. After 12:00 midnight on Saturday of the week claimed; andb. Within 7 calendar days of the date of the last day of the week claimed.(v) A continued claim filed by telephone shall be timely if:(1) The application on which it is filed is active; and(2) The continued claim is filed: a. After 12:00 midnight on Saturday of the week claimed; andb. Within 7 calendar days of the date of the last day of the week claimed.(w) A continued claim filed by mail shall be timely if:(1) The application on which it is filed is active; and(2) The continued claim is postmarked: a. After 12:00 midnight on Saturday of the week claimed; andb. Within 7 calendar days of the date of the last day of the week claimed.(x) A continued claim filed in person shall be timely if it is filed on the date and time assigned by the department.(y) A continued claim shall be considered timely if adjusted as follows: (1) If the claimant needs the assigned filing date adjusted ahead or back one business day because filing on the assigned date is prevented due to the necessity of attending a job interview scheduled by a prospective employer and the claimant requests such adjustment to the assigned filing date before the originally assigned filing date has passed, then the filing will be timely if the claimant files on or before the new adjusted date.(2) If a claimant is prevented from filing a continued claim within the applicable time period at Emp 501.04(u), (v), (w) or (x) due to the claimant's own illness or injury, but files on the next business day after the end of the illness or injury the claim shall be timely except that, if the illness or injury lasts more than 7 days, the time period for filing shall not be adjusted unless the claimant provides a medical report within 7 days of the end of the illness or injury;(3) If a claimant is prevented by an act of God or the operation of law from filing within the applicable time period at Emp 501.04(u), (v), (w) or (x) the claim shall be timely if the claimant files on the next business day following the time period during which the claimant was prevented from filing. "Act of God" for purposes this subsection means lightning, earthquake, floods and similar events; and(4) If a claimant is prevented from filing within the applicable time period at Emp 501.04(u), (v), (w) or (x) due to the death of a spouse or the claimant's or the claimant's spouse's father, mother, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great grandmother, great grandfather, great grandson, great granddaughter, aunt, uncle, niece, nephew, great uncle, great aunt, great niece, great nephew, first cousin, or step family members of the same relationship, but did file within 5 days of the date of death. If the fifth day falls on a day that the department is not open for business, filing on the department's next business day shall be timely.(z) A reopened or additional claim shall be allowed as provided for initial claims by Emp 501.03(j) and (k).N.H. Code Admin. R. Emp 501.04
#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90
New. #5150, eff 5-6-90; ss by #6504, INTERIM, eff 5-5-97, EXPIRED: 9-2-97; ss by #6566, eff 9-2-97; ss by #7253, eff 4-30-00; amd by #7993, eff 11-26-03; ss by #8157, eff 9-5-04; ss by #9359, EMERGENCY RULE, eff 1-9-09, EXPIRED: 7-8-09
New. #9529, eff 8-17-09
Amended by Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12589, Effective 7/23/2018, Expires 7/23/2028.