Today, from the Bureau of Labor and Statistics comes the Thursday unemployment claims number with all those who are really glass a tenth full sorts applauding optimistically. But true is that jobs were lost again, as we are all aware our municipalities are not rehiring teachers (already on the unemployment claims list) for next year, and in general unless you think its sunny when raining (as oppossed to just singing in the rain which is fine with me, hallucinating is not) .....jobs were lost again. And another week of folks filing in to claims was simply (on a moving average basis) lower than any time since Jan 19th, and we know how much better things have gotten since then.
We are no longer falling out of control, but we are still falling without a turn up.
Call be when jobs are added ok? Any way states all have different deals, claims last only so long before you drop off (and dont show on the moving average of those unemployed any more and are probably so broke and in in bankruptcy the next time you find a credit card in your pocket or buy something it may be a tent to stay in out of the cold. As yahoo AP commented on the pause in the moving average which is seasonally adjusted (a number often larger than the change itself) put it: " .... that doesn't necessarily mean more companies are hiring. Fewer people are receiving jobless aid largely because more of them have exhausted their standard unemployment benefits, which typically last 26 weeks. Government figures, in fact, show the proportion of recipients who used up their jobless benefits averaged 49 percent in May, a record."
And if you visit the Buearau of Labor and Statistics for information you will be awed at the complexity of computation, the statistical noise removed from past years which may not have occured this year, the vast difference in the states laws, if covered from 6 months or less or more (yes the feds can jump in and extend or shorten benefits) but generally kiss them goodbye in a years and if self employed or out of college looking or it been over a year....sorry you dont count.
Yet I can understand why any nugget of news less than horrible, no matter if backed by lies, or nonsense seasonal factors or (for example) the one week in which both passover and easter occured, what a drop in claims (two reasons, the offices were closed and people did not use their religious holiday to stand in line. The seasonal adjustment did not know that, but the next week the number was cranked back up again.
Know the exclusions from claims or benefits:
Ready? And this is just a few pages in a manual as thick as some heads (mine perhaps) and varies from state to state. I will not include the study done that show the difference in state government layoffs vs private sector nor a study on the fact the higher the unemployed number, the lower the benefits are......no this is enough to show if you wish to snatch about 18% of every dollar you were making and were officially fired or laid off, from the official workforce, and have the five miles of paperwork you are going to need to stand in line to wait for what is in essence the percentage of the GDP you will be paying a doctor of your dollar (you will have 18%-17%= 1 cent left for housing, car, payments, etc kids, whatever.......the ulitmate credit score deflation will hurt more than maybe the overall unemployment number not setting a new record (which by no measure means more are not unemployed but dumped from the rolls for so long, or gave up, or many other reasons) and I am sure that is the case.....but here are some rules for you:
3314. Disqualification for benefits.

An individual shall be disqualified for benefits:

(1) For the week in which the individual left work voluntarily without good cause attributable to such work and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. However, if an individual has left work involuntarily because of illness, no disqualification shall prevail after the individual becomes able to work and available for work and meets all other requirements under this title, but the Department shall require a doctor's certificate to establish such availability or if an individual has left work due to circumstances directly resulting from the individual's experience of domestic violence, as that term is defined in § 703A(a) of Title 13, no disqualification shall prevail. An individual's leaving work shall be treated as due to circumstances directly resulting from the individual's experience of domestic violence if the leaving work resulted from: (i) the individual's reasonable fear of future domestic violence at or en route to or from the individual's place of employment; (ii) the individual's wish to relocate to another geographic area in order to avoid future domestic violence against the individual or the individual's family; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary for the future safety of the individual or the individual's family. When determining whether an individual has experienced domestic violence for compensation purposes, the Division shall require the individual to provide documentation to the Division of the domestic violence involved, such as a police or court record, or documentation of the domestic violence from a shelter worker, attorney, member of the clergy or medical or other professional from whom the employee has sought assistance in addressing domestic violence and its effects. All evidence of domestic violence experienced by an individual, including the individual's statement and any corroborating evidence shall not be disclosed by the Division of Unemployment Insurance unless consent for disclosure is given by the individual. Wage credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent employer. An individual who becomes unemployed solely as the result of completing a period of employment that was of a seasonal, durational, temporary or casual duration will not be considered as a matter of law to have left work voluntarily without good cause attributable to such work solely on the basis of the duration of such employment.

An individual who, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits the waiver of the right to retain employment when there is a temporary layoff due to lack of work, has elected to be separated for a temporary period not to exceed 30 calendar days and the employer has consented thereto will not be considered to have left work voluntarily without good cause attributable to such work.

(2) For the week in which the individual was discharged from the individual's work for just cause in connection with the individual's work and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent employer.

(3) If the individual has refused to accept an offer of work for which the individual is reasonably fitted or has refused to accept a referral to a job opportunity when directed to do so by a local employment office of this State or another state, and the disqualification shall begin with the week in which the refusal occurred and shall continue for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount; provided that no individual shall be disqualified under this subdivision for refusing to accept an offer of work or a referral while the individual is attending a vocational training course approved by the Department if the acceptance of such offer or referral would prevent the individual from completing the course. No individual otherwise qualified to receive benefits shall lose the right to benefits by reason of a refusal to accept a referral or new work if:

a. As a condition of being so employed, the individual would be required by the employer to join a company union or would be required by the employer to resign from or refrain from joining any bona fide labor organization or would be denied the right by the employer to retain membership in and observe the lawful rules of any such organization;

b. The position offered is vacant due directly to a strike, lockout or other labor dispute;

c. The work is at an unreasonable distance from the individual's residence, having regard to the character of the work the individual has been accustomed to do, and travel to the place of work involves expenses substantially greater than that required for the individual's former work; or

d. The remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

(4) For any week with respect to which the Department finds that the individual's total or partial unemployment is due to a stoppage of work which exists because of a labor dispute (other than a lockout) at the factory, establishment or other premises at which the individual is or was last employed. For purposes of this subsection, a lockout exists when:

a. The contract between the employing unit and the individual's bona fide labor organization has expired and contract negotiations are continuing;

b. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract negotiations; and

c. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further negotiations.

(5) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States, but if the appropriate agency of such other state or of the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification shall not apply.

(6) If the Department determines such individual has made a false statement or representation knowing it to be false or knowingly has failed to disclose a material fact to obtain benefits to which the individual was not lawfully entitled, and such disqualification shall be for a period of 1 year beginning with the date on which the first false statement, false representation or failure to disclose a material fact occurred. A disqualification issued pursuant to this subsection shall be considered a disqualification due to fraud.

(7) For any week with respect to which the Department finds that the individual has become unemployed by reason of commitment upon conviction and sentencing to any penal institution and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in the individual's most recent employment prior to such commitment, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent employer.

(8) If it shall be determined by the Department that total or partial unemployment is due to the individual's inability to work. Such disqualification to terminate when the individual becomes able to work and available for work as determined by a doctor's certificate and meets all other requirements under this title.

(9) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between 2 successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the latter of such seasons (or similar periods).

(10)a. Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of § 212(d)(5) [8 U.S.C. § 1182(d)(5)] of the Immigration and Nationality Act.

b. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

c. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the evidence.

(11)a. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because the individual is in training, approved under § 236(a)(1) of the Trade Act of 1974 [19 U.S.C. § 2296(a)(1)], nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work or refusal to accept work.

b. For purposes of this subdivision, the term "suitable employment" means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade Act of 1974), and wages for such work at not less than 80 percent of the individual's average wage as determined for the purposes of the Trade Act of 1974.

41 Del. Laws, c. 258, § 5; 42 Del. Laws, c. 196, §§ 13-16; 43 Del. Laws, c. 280, §§ 6-9; 44 Del. Laws, c. 207, § 6; 46 Del. Laws, c. 162, §§ 4-7; 19 Del. C. 1953, § 3315; 50 Del. Laws, c. 49, § 1; 50 Del. Laws, c. 115, §§ 5, 6; 53 Del. Laws, c. 32, §§ 1, 2; 53 Del. Laws, c. 79, § 1; 53 Del. Laws, c. 357, § 2; 57 Del. Laws, c. 669, § 5B; 58 Del. Laws, c. 518; 61 Del. Laws, c. 186, §§ 18-20; 61 Del. Laws, c. 452, § 6; 63 Del. Laws, c. 427, § 7; 65 Del. Laws, c. 514, §§ 1-5; 66 Del. Laws, c. 389, § 1; 67 Del. Laws, c. 318, § 1; 67 Del. Laws, c. 435, § 1; 68 Del. Laws, c. 143, § 1; 68 Del. Laws, c. 247, §§ 1-3; 68 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 311, § 1; 72 Del. Laws, c. 361, § 1; 74 Del. Laws, c. 306, §§ 1, 2.;


§ 3326. Extended benefits.

(a) As used in this section, unless the context clearly requires otherwise:

(1) "Extended benefit period" means a period which:

a. Begins with the third week after the first week for which there is a state "on" indicator, and

b. Ends with either of the following weeks, whichever occurs later:

1. The third week after the first week for which there is a state "off" indicator, or

2. The thirteenth consecutive week of such period;

Provided, that no extended benefit period may begin the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.

(2)a. There is a state "on" indicator for a week beginning prior to September 25, 1982, if the rate of insured unemployment under the state law for the period consisting of such week and the immediately preceding 12 weeks:

1. Equalled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and

2. Equalled or exceeded 4 percent.

b. There is a state "on" indicator for a week beginning after September 25, 1982, if the rate of insured unemployment under the state law for the period consisting of such week and the immediately preceding 12 weeks:

1. Equalled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and

2. Equalled or exceeded 5 percent.

(3)a. There is a state "off" indicator for a week beginning prior to September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either paragraph (2)a.1. or paragraph (2)a.2. of this subsection was not satisfied.

b. There is a state "off" indicator for a week beginning after September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either paragraph (2)b.1. or paragraph (2)b.2. of this subsection was not satisfied.

(4) "Rate of insured unemployment", for purposes of paragraphs (2) and (3) of this subsection, means the percentage derived by dividing:

a. The average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Department on the basis of its reports to the United States Secretary of Labor, by

b. The average monthly employment covered under this chapter for the first 4 of the most recent 6 completed calendar quarters ending before the end of such 13-week period.

(5) "Regular benefits" means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. Chapter 85) other than extended benefits.

(6) "Extended benefits" means benefits (including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. Chapter 85) payable to an individual under this section for weeks of unemployment in the individual's eligibility period.

(7) "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the individual's benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

(8) "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period:

a. Has received, prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicepersons under 5 U.S.C. Chapter 85) in the individual's current benefit year that includes such week; provided, that, for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to the individual although:

1. As a result of a pending appeal with respect to wages that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or

2. The individual's benefit year, having expired prior to such week, the individual has no or insufficient wages on the basis of which the individual could establish a new benefit year that would include such week; and

b. Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.) and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

c. Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada but, if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual is considered an exhaustee.

d. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade adjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.

(9) "State law" means the unemployment insurance law of any state, approved by the United States Secretary of Labor under § 3304 of the Internal Revenue Code of 1954 (26 U.S.C. § 3304).

(b) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Department, the provisions of this part which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits.

(c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the Department finds that with respect to such week:

(1) The individual is an "exhaustee" as defined in subsection (a)(8) of this section.

(2) The individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.

(3) The individual has, during the individual's base period, been paid wages for employment equal to not less than 40 times the individual's weekly benefit amount and, as used in this paragraph, "wages" means wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employment unit by which such wages were paid has satisfied the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with respect to becoming an employer.

(d) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year.

Provided, that for any week during a period in which federal payments to States under § 204 of the Federal-State Extended Unemployment Compensation Act of 1970 (August 10, 1970, Public Law 91-373) are reduced under an order issued under § 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. § 902), the weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower dollar amount.

(e) The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be the lesser of the following amounts; provided, however, that during any fiscal year in which federal payments to States under § 204 of the Federal State Extended Unemployment Compensation Act of 1970 (August 10, 1970, Public Law 91-373) are reduced under an order issued under § 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. § 902), the total extended benefit amount payable to an individual with respect to the individual's applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions under subsection (d) of this section in the weekly amount paid to the individual:

(1) Fifty percent of the total amount of regular benefits which were payable to the individual under this chapter in the individual's applicable benefit year;

(2) Thirteen times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year.

(f)(1) Except as provided in paragraph (2) of this subsection, an individual shall not be eligible for extended benefits for any week if:

a. Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and

b. No extended benefit period is in effect for such week in such state.

(2) Paragraph (1) of this subsection shall not apply with respect to the first 2 weeks for which extended benefits are payable, (determined without regard to this subsection), pursuant to an interstate claim filed under the interstate benefit payment plan, to the individual from the extended benefit account established for the individual with respect to the benefit year.

(g)(1) Notwithstanding any other provisions of this chapter, payment of extended benefits shall not be made to any individual for any week of unemployment in the individual's eligibility period if the Department finds that during such period:

a. The individual failed to accept any offer of suitable work (as defined in paragraph (3) of this subsection) or failed to apply for any suitable work to which the individual was referred by the Department; or

b. The individual failed to actively engage in a systematic and sustained effort to obtain work during such week, and/or failed to furnish tangible evidence that the individual did engage in such effort during such week.

(2) Any individual who has been found ineligible for extended benefits for any week by reason of a failure described in paragraph (1) of this subsection shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration in covered employment equal to not less than 4 times the extended weekly benefit amount.

(3) For purposes of this subsection, the term "suitable work" means, with respect to any individual, any work which is within such individual's capabilities; provided, however, that the gross average weekly remuneration payable for the work must exceed the sum of:

a. The individual's extended weekly benefit amount as determined under subsection (d) of this section, plus the amount, if any, of supplemental unemployment benefits (as defined in § 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week; and further,

b. Pays wages not less than the higher of:

1. The minimum wage provided by § 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemptions; or

2. The applicable state or local minimum wage;

c. Provided, however, that no individual shall be denied extended benefits for failure to accept an offer or to apply for any job which meets the definition of suitability as described in this subsection if:

1. The position was not offered to such individual in writing or was not listed with the employment service.

2. Such failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 3314 of this title to the extent that the criteria of suitability in that section are not inconsistent with this paragraph.

3. The individual furnishes satisfactory evidence to the Department that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in § 3314 of this title without regard to the definition specified by this paragraph.

(4) Notwithstanding subsection (b) of this section to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by § 3304(a)(5) of the Internal Revenue Code of 1954 and set forth herein under paragraphs a., b., c. and d. of subdivision (3) of § 3314 of this title.

(5) The employment service shall refer any claimant entitled to extended benefits under this title to any suitable work which meets the criteria prescribed in paragraph (3) of this subsection.

(6) The provisions of paragraphs (1), (2), (3) and (5) of this subsection shall not apply should at any time these provisions be temporarily or permanently suspended by federal law. If these provisions are suspended by federal law, the provisions of state law which apply to claims for or the payment of regular benefits shall apply to claims for and the payment of extended benefits.

(h)(1) Whenever an extended benefit period is to become effective in this State or an extended benefit period is to be terminated in this State, the Department shall make an appropriate public announcement.

(2) Computations required by subsection (a)(4) of this section shall be made by the Department, in accordance with regulations prescribed by the United States Secretary of Labor.

19 Del. C. 1953, § 3326; 58 Del. Laws, c. 143, § 7; 58 Del. Laws, c. 522, §§ 20, 21; 60 Del. Laws, c. 2, §§ 1-4; 61 Del. Laws, c. 186, §§ 21-24; 63 Del. Laws, c. 192, § 3; 63 Del. Laws, c. 427, §§ 10-14, 20; 65 Del. Laws, c. 414, §§ 1, 2; 65 Del. Laws, c. 514, §§ 6-11; 69 Del. Laws, c. 1, § 1; 70 Del. Laws, c. 186, § 1.;







§ 3328. Self-Employment Assistance Program.

(a) As used in this section:

(1) "Self-employment assistance activities" means activities (including entrepreneurial training, business counseling and technical assistance) approved by the Secretary of Labor or the Secretary's designee in which an individual identified through a worker profiling system as likely to exhaust regular benefits participates for the purpose of establishing a business and becoming self-employed.

(2) "Self-employment assistance allowance" means an allowance, payable in lieu of regular benefits and from the Unemployment Compensation Fund established under § 3161 of this title, to an individual participating in self-employment assistance activities who meets the requirements of this section.

(3) "Full-time basis" means that the individual is devoting such amount of time as is determined by the Department to be necessary to establish a business which will serve as a full-time occupation for that individual.

(b) The weekly allowance payable under this section to an individual will be equal to the weekly benefit amount for regular benefits payable under § 3313 of this title. The sum of (1) the allowance paid under this section and (2) regular benefits paid under this chapter with respect to any benefit year shall not exceed the maximum benefit amount as established by § 3313(k) of this title with respect to such benefit year.

(c) The allowance described in subsection (a) of this section shall be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular benefits under this chapter, except that:

(1) The requirements of §§ 3315(1), 3315(3), and 3314(3) of this title relating to availability for work active search for work and refusal to accept work are not applicable to such individual;

(2) The reduction provided in § 3313(i) of this title relating to wages paid is not applicable to income earned from self-employment by such individual;

(3) An individual who meets the requirements of this section shall be considered to be unemployed under § 3302(17) of this title; and

(4) An individual 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) relating to the establishment of a business and becoming self-employed shall be disqualified for the week such failure occurs.

(d) The aggregate number of individuals receiving the self-employment assistance allowance under this section at any time shall not exceed 5 percent of the number of individuals receiving regular benefits for such week. The Secretary of Labor shall prescribe such actions as are necessary to assure the requirements of this subsection are met.

(e) Self-employment assistance allowances paid under this section shall be charged to employers as provided under the provisions of this chapter relating to the charging of regular benefits. Benefits shall be noncharged as provided under § 3314 of this title.

(f) The provisions of this section will apply to weeks beginning after the date of enactment or weeks beginning after any plan required by the U.S. Department of Labor is approved by said Department, whichever date is later. The authority provided by this section shall terminate as of the end of the week preceding the date when federal law no longer authorizes the provisions of this section, unless such date is a Saturday in which case the authority shall terminate as of such date.