(a) At the beginning of each program year, to the extent funds are available, the commissioner will establish the priority for the payment of committed funds as follows:

1. (1) the accrued obligations from the prior program year for individuals who were previously approved for additional benefits and who remain eligible to receive additional benefits;
2. (2) the amounts needed to pay prospective additional benefits to otherwise eligible individuals who were previously not paid additional benefits because funds were not available; and
3. (3) the amounts needed to pay new claimants who are otherwise eligible for additional benefits.

(b) The commissioner will determine the availability of funds on an ongoing basis by subtracting actual expenditures and committed funds from the amount of money allocated by the Legislature to pay additional benefits in the program year.

1. (1) When the sum of actual expenditures and committed funds equal or exceed the amount of money allocated by the Legislature for any program year, new applications for the payment of additional benefits will not be authorized.
2. (2) At the time that the commissioner determines that additional funds have become available, new applications for payment of additional benefits will be authorized and paid pursuant to subdivision (c) of this section.