RULE: To be eligible for New Mexico unemployment compensation benefits, a claimant must be unemployed within the meaning of the Unemployment Compensation Law.
NEW MEXICO STATUTES:
 Section 51-1-4 (B) NMSA 1978—
(2) each individual who is unemployed in any week shall be paid, with respect to that week, a benefit amount equal to his weekly benefit amount…[emphasis added.]
 Section 51-1-5 (A) NMSA 1978—
An unemployed individual shall be eligible to receive benefits with respect to any week only if he:….[emphasis added].
 Section 51-1-42 (K) NMSA 1978—
“unemployment” means, with respect to an individual, any week during which he performs no services with respect to which no wages are payable to him and during which he is not engaged in self-employment…
 For an individual to be unemployed for purposes of being eligible to file a claim for benefits, he must be performing no services and he must not be receiving any remuneration. If an individual is performing any service or he is receiving any kind of remuneration, he is not unemployed within the meaning of the law. If, on the other hand, he meets both of these conditions, he is unemployed for purposes of the law even though his employment relationship with his employer may not be officially terminated. read more
Unemployment Insurance is a federal program that is administered by state agencies. The UI program is designed to provide unemployment benefits to eligible workers who become unemployed through no fault of their own and meet state eligibility requirements.
How is Unemployment Insurance Paid for
The funds to pay unemployment benefits are provided by employers who meet the state’s worker unemployment liability requirements.