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Can you go to school full-time and collect unemployment in New York

by Anonymous
(New York)

Can a person receive unemployment benefits and be a full time student receiving financial aid in the state of NY? What is considered a full time student by the state of NY? If a person can collect both while being full time, what is the maximum benefits they can receive from unemployment?

Hi Anon,

Once again .. A job will always trump school unless, you get special leave from the department .. or a training program that in effect suspends the need to look for, or accept work.

And since you're already receiving financial aid .. I'd say you're just looking for more subsidies while you continue toward some degree ..

You'll probably end up in charge of actual employees someday .. and as I think on this .. that's begins to be a very scary thought.

But here's you're answer.

I find the reasoning for a lot of answers (which are just my opinion, not some sort of unemployment gospel) by first checking the USDOL's state law comparison resource.

When you take a look at NY in the table regarding the treatment of students and under the heading of ..

"Disqualified or ineligible while attending school?"

It says yes, disqualified. Because school is considered .. Personal and
non-compelling for purposes of collecting unemployment benefits

However, instead of verifying the USDOL is correct and there are no favorable circumstances, in opposition to that brief statement, I would also go to the NY interpretive index (also found on the UI law page linked to above).

I believe the relevant section of interest to you would be 700, specifically, 760.

Section 700 also included a link to section 2000 which might help to explain further.

I would also suggest a quick look at the issues section 1200 address.

It seemed to me after reading the very negative sounding summary of the USDOL comparison chart, the additional step of verifying by researching NY's interpretations was in order, since NY is kind enough to help a person understand an "issue" instead of forcing one to guess and by golly only, their way to a denial of benefits.

It is up to you to bring the details of the conditions under which you are attending school, not me to tell you what constitutes full-time school.

However, while you're at the state comparison charts .. you might want to note what's more important to your question .. what is considered to be full-time work ..

And by the way .. NY max weekly unemployment benefits were at last check .. $405 per week, but then this too can be found in the comparison charts.

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Sep 27, 2010
by: Anonymous

This is my exact ? and I don't understand a word of the response, was there an actual response? I am seriously considering this scenario, is there more informative answer that can be stated?

Check Table 5-12.

Then check the NY interpretive indexes. Try section 760.

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