Section 52-06-01 - Conditions required to be eligible for benefitsAn unemployed individual is eligible to receive benefits with respect to any week only if the bureau finds that:
1. The individual has made a claim for benefits with respect to such week in accordance with such regulations as the bureau may prescribe;2. The individual has registered for work and thereafter continued to complete all assigned services and report to a local office as required in accordance with such regulations as the bureau may prescribe, except that the bureau may, by regulation, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of the North Dakota unemployment compensation law; provided, that no such regulation shall conflict with section 52-06-03;3. The individual is able to work and is available for suitable work and actively seeking work, provided: a. That notwithstanding any other provisions in this section, no otherwise eligible individual may be denied benefits for any week because the individual is in training with the approval of the bureau by reason of the application of provisions of this subsection relating to availability for work and to active search for work, or the provisions of subsection 3 of section 52-06-02 relating to disqualification for benefits for failure to apply for, or a refusal to accept, suitable work; andb. That no claimant may be considered ineligible in any week of unemployment for failure to comply with this subsection, if the failure is due to an illness or disability not covered by workforce safety and insurance and which occurred after the claimant has registered for work and no work has been offered the claimant which is suitable;4. The individual has been unemployed for a waiting period of one week. The executive director may suspend the waiting period during periods of time when federal reimbursement for benefit charges incurred for the suspended waiting period is made available to the bureau. Any suspension of the waiting period applies to all new initial claims filed with an effective date within the time period in which the waiting period is suspended. No week may be counted as a week of unemployment for the purposes of this subsection: a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of benefits;b. If benefits have been paid with respect thereto; andc. Unless the individual was eligible for benefits, with respect thereto as provided in this section and section 52-06-02; and5. The individual participates in re-employment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need re-employment services pursuant to a profiling system established by the bureau, unless the bureau determines that: a. The individual has completed these services; orb. There is justifiable cause for the claimant's failure to participate in these services.Amended by S.L. 2021, ch. 44 (SB 2016),§ 5, eff. 4/28/2021.