225 Neb. Admin. Code, ch. 1, § 005

A. Except when approval is required under sections 003(A)(2) and 004 above or federal statute or regulation, the Commissioner shall only approve training programs under the following conditions:

1. Reasonable employment opportunities for which the claimant is qualified and can earn a living wage do not exist or have been substantially diminished making a change in occupation necessary for reemployment;

2. The claimant must have the required qualifications or aptitudes to successfully complete the training program. Basic education programs which are a prerequisite for skilled training or other short term, vocationally directed academic courses may be approved;

3. The training program must consist of a practical curriculum for development of vocational, rather than avocational, skills;

4. The written description of the course of instruction relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in any labor market area of this state in which the individual intends to seek work; and

5. The training program has been planned and scheduled so as to lead to the earliest feasible completion and readiness for reemployment.

B. Other than those training programs identified under sections 003(A)(2) and 004 above, the Commissioner shall only approve applications for training approval in which the training program is designed to prepare participants for gainful employment in recognized or new occupations at which they can earn a living wage.

C. An individual shall not be eligible for unemployment insurance benefits under this section for any week with respect to which he or she receives a subsistence allowance on account of participation in training. Subsistence allowances are direct or indirect payments to the claimant which are not made specifically to defray the costs associated with participation in training. Subsistence allowances specifically include any payments made or usable for routine living expense not directly associated with participation in training, such as room, board, utilities, or general transportation costs. Dependent's allowances, one time emergency payments, and reimbursements for any of the direct costs of training, which might include the cost of tuition, books, supplies, tools, transportation costs to and from training, and the cost of child care during time spent in training, shall have no bearing on the claimant's entitlement to benefits under this section.

D. Except as otherwise allowed under the programs described in sections 003 and 004 above, the Commissioner shall not approve any application if the claimant's most recent separation, as adjudicated by the Department, is a "quit to attend school".

Notes

225 Neb. Admin. Code, ch. 1, § 005

Amended effective 10/10/2015. Amended effective 4/10/2019