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Section 8-903 - Ability to work, availability for work, and actively seeking work. [Subject to amendment effective March 1, 2011].

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§ 8-903. Ability to work, availability for work, and actively seeking work. [Subject to amendment effective March 1, 2011; amended version follows this section].(a)In general.- (1) Except as otherwise provided in this section, to be eligible for benefits an individual shall be:(i) able to work;(ii) available for work; and(iii) actively seeking work.(2) In determining whether an individual actively is seeking work, the Secretary shall consider:(i) whether the individual has made an effort that is reasonable and that would be expected of an unemployed individual who honestly is looking for work; and(ii) the extent of the effort in relation to the labor market conditions in the area in which the individual is seeking work.(3) The Secretary may consider a part-time worker as meeting the requirements of this section if the part-time worker:(i) is eligible for benefits under § 8-803 of this title based on wages that are predominantly earned from part-time work;(ii) is actively seeking part-time work;(iii) is available for part-time work for at least the number of hours worked at the part-time worker's previous employment;(iv) does not impose any other restrictions on the part-time worker's ability to work or availability for work; and(v) is in a labor market in which a reasonable demand exists for part-time work.(b)Disability not a factor.- The Secretary may not use the disability of a qualified individual with a disability as a factor in finding that an individual is not able to work, available for work, or actively seeking work under subsection (a)(1) or (3) of this section.(c)Approved training.- Notwithstanding any other provision of this section or § 8-904 or § 8-907(a) or (b) of this subtitle, an individual who otherwise is eligible to receive benefits and who is in training with the approval of the Secretary may not be denied benefits:(1) for failure to meet the requirements of subsection (a)(1)(ii) and (iii) of this section to be available for work and actively seeking work; or(2) for failure to apply for or refusal to accept suitable work under § 8-1005 of this title. [An. Code 1957, art. 95A, § 4; 1991, ch. 8, § 2; 1993, ch. 131; 1994, ch. 3, § 1; 2009, ch. 5, § 2; ch. 6, § 2.]
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  • § 8-903. Ability to work, availability for work, and actively seeking work. [Subject to amendment effective March 1, 2011; amended version follows this section].
     

    (a)  In general.-  

    (1) Except as otherwise provided in this section, to be eligible for benefits an individual shall be: 

    (i) able to work; 

    (ii) available for work; and 

    (iii) actively seeking work. 

    (2) In determining whether an individual actively is seeking work, the Secretary shall consider: 

    (i) whether the individual has made an effort that is reasonable and that would be expected of an unemployed individual who honestly is looking for work; and 

    (ii) the extent of the effort in relation to the labor market conditions in the area in which the individual is seeking work. 

    (3) The Secretary may consider a part-time worker as meeting the requirements of this section if the part-time worker: 

    (i) is eligible for benefits under § 8-803 of this title based on wages that are predominantly earned from part-time work; 

    (ii) is actively seeking part-time work; 

    (iii) is available for part-time work for at least the number of hours worked at the part-time worker's previous employment; 

    (iv) does not impose any other restrictions on the part-time worker's ability to work or availability for work; and 

    (v) is in a labor market in which a reasonable demand exists for part-time work. 

    (b)  Disability not a factor.- The Secretary may not use the disability of a qualified individual with a disability as a factor in finding that an individual is not able to work, available for work, or actively seeking work under subsection (a)(1) or (3) of this section. 

    (c)  Approved training.- Notwithstanding any other provision of this section or § 8-904 or § 8-907(a) or (b) of this subtitle, an individual who otherwise is eligible to receive benefits and who is in training with the approval of the Secretary may not be denied benefits: 

    (1) for failure to meet the requirements of subsection (a)(1)(ii) and (iii) of this section to be available for work and actively seeking work; or 

    (2) for failure to apply for or refusal to accept suitable work under § 8-1005 of this title. 
     

    [An. Code 1957, art. 95A, § 4; 1991, ch. 8, § 2; 1993, ch. 131; 1994, ch. 3, § 1; 2009, ch. 5, § 2; ch. 6, § 2.] 
     

     

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