Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 9.00 - Training Benefits Under M.G.L. c. 151A, Section 30(c) › Section 9.05 - Application Procedure

Current through Register 1525, July 5, 2024
(1) An application
			 for benefits under M.G.L. 151A, § 30(c) shall be made in writing, on a
			 form provided by the Department. The application date shall be deemed to be the
			 date the claimant filed a completed application with the Department, as defined
			 in 430 CMR 9.05(5). Submission of additional documents or information shall not
			 be required for purposes of determining the date of application, but may be
			 required before a determination is made; provided however, that claimants
			 eligible for, or awaiting a determination of eligibility for, National
			 Dislocated Worker Grants (NDWG), may file a placeholder application, in the
			 form and manner prescribed by the Director, which shall preserve their rights
			 under M.G.L. 151A, § 30(c) until such time as their NDWG application is
			 approved or denied. If an NDWG application is approved, the claimant must file
			 additional documentation to complete the application under 430 CMR 9.05 within
			 two calendar weeks of NDWG approval.
(2) The Department shall make every
			 reasonable effort to approve or deny the claimant's application no later than
			 15 working days after submission of the application.
(3) If an application is approved prior to
			 the start of the applied-for program, such approval shall be preliminary, and
			 shall become final only upon the claimant's being in attendance at the program
			 and only if, up to the time the claimant begins attending the program, the
			 claimant is otherwise eligible for benefits including, but not limited to,
			 under the requirements of M.G.L. 151A, §§ 24(b) and 25(c).
(4) A claimant who begins attending a
			 training program before his or her participation in the program is approved,
			 continues to be subject to the requirements of M.G.L. 151A, §§ 24(b)
			 and 25(c) until that approval is given.
(5) A claimant's application for a training
			 program will be deemed complete at the time it is filed with the Department and
			 contains all the information the application asks the claimant to
			 provide.
(6) The 20-week
			 application period shall be tolled if the Director concludes that any of the
			 following conditions applies:
(a) If the
			 claimant is a qualified individual with a disability under the ADA and the
			 training program to which he or she has applied cannot or refuses to provide a
			 reasonable accommodation, then the 20-week application period shall be tolled
			 from the date the claimant filed a complete application with the Department
			 until the date the claimant was notified of the refusal or failure by the
			 training provider.
(b) If the
			 Department denies a claimant's application and the claimant's opportunity for
			 reapplying for training during the 20-week application period will expire in
			 fewer than two weeks, or has expired, then it shall be extended once for up to
			 two weeks from the date notification is sent by the Department.
(c) If the Department denies a claim for
			 regular benefits and that denial is reversed by the Hearings Department, Board
			 of Review, or Court, the 20-week application period begins the week after the
			 notice of such reversal is sent to the claimant. If the decision reversing the
			 denial of benefits is made after the 31st week of
			 the claimant's benefit year, the 20-week application period shall be extended
			 to 21 weeks after the date notification of reversal is sent by the Hearings
			 Department, Board of Review, or the Court, even if the benefit year has
			 expired.
(d) The Department shall
			 provide each claimant with written information regarding eligibility for
			 training benefits under M.G.L. c. 151A, § 30(c), including notice that
			 application for such training benefits must be filed within the 20-week
			 application period in order to be eligible unless the 20-week application
			 period has been tolled or waived for good cause. If the claimant has indicated
			 that the claimant's primary language is one of the languages identified in
			 M.G.L. c. 151A, § 62A, such notice must be provided to the claimant in
			 that language. If the Department fails to do so, or if the Department, or its
			 agents, gave the claimant misinformation that caused the claimant not to file a
			 complete application for training benefits within the 20-week application
			 period, the running of the application period shall be tolled until the date
			 the claimant learns of the eligibility requirements, including application
			 deadlines, for M.G.L. 151A, §30(c) training benefits, provided that the
			 claimant accurately identifies to the satisfaction of the Director the date and
			 source of the misinformation in situations where misinformation is cited for
			 tolling.
(e) If economic
			 circumstances permit the provision of extended benefits or any other emergency
			 unemployment benefits funded in whole or in part by the Federal Government, the
			 application shall be extended until the end of such period.
(f) If a claimant who is not permanently
			 separated at the time of the initial claim becomes permanently separated during
			 the course of his or her benefit year, the 20-week application period shall
			 commence on the date the claimant becomes permanently separated.
(g) If a claimant is unable to seek, apply
			 for, or attend training because of the need to address the physical,
			 psychological or legal effects of domestic violence, as defined in M.G.L.
			 c.151A, § 1(g½) of the 20-week application period shall commence or
			 resume on the date the claimant becomes able to seek, apply for, and attend
			 training.
(h) If a claimant has
			 been separated from a declining occupation, or if the claimant has been
			 involuntarily and indefinitely separated from employment as a result of a
			 permanent reduction of operations and the claimant is training for a demand
			 occupation, the 20-week application period shall be extended until the end of
			 the claimant's benefit year, or further extended as provided under 430 CMR
			 9.05(6)(c).