§ 1367b - Food stamp intercept of unemployment benefits
§ 1367b. Food stamp intercept of unemployment benefits
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he or she owes an uncollected over issuance (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons. The commissioner shall notify the state food stamp agency enforcing such obligation of any individual who discloses that he or she owes an uncollected over issuance of food stamp coupons and who is determined to be eligible for unemployment compensation.
(b) Notwithstanding the provisions of sections 1366 and 1367 of this title, the commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected over issuance of food stamp coupons:
(1) the amount specified by the individual to the commissioner to be deducted and withheld under this section; or
(2) the amount (if any) determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or
(3) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1977.
(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the commissioner to the appropriate state food stamp agency.
(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individual's uncollected over issuance of food stamp coupons.
(e) For purposes of this section, the term "unemployment compensation" means any compensation payable under this chapter, and any federal benefit payments made pursuant to agreements with the United States Department of Labor.
(f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the commissioner under this section which are attributable to the repayment of uncollected over issuances of food stamp coupons to the state food stamp agency.
(g) Any deduction and withholding authorized by this section shall not exceed 25 percent of the individual's weekly benefit amount. (Added 1997, No. 101 (Adj. Sess.), § 5.)