430 CMR 9.05 - Application Procedure
(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).
(7) The
20-week application period shall be waived for good cause if a claimant
establishes to the satisfaction of the Director that circumstances beyond the
claimant's control prevented the application from being filed within the
prescribed time period. Such circumstances may include, but are not limited to,
the following:
(a) The claimant did not
understand the deadline due to illiteracy, mental disability, or limited
English proficiency where the claimant's language is not one included in M.G.L.
c. 151A, § 62A;
(b) A natural
catastrophe such as a fire, flood, or hurricane;
(c) Death or serious illness of an immediate
family or household member;
(d) The
claimant's training provider failed to act in a reasonably prompt manner;
or
(e) The Department or its agents
discourages the claimant from applying for training under M.G.L. c. 151A,
§ 30(c).
A waiver for good cause may not be granted after the end of the benefit year, except as otherwise permitted under M.G.L. c. 151A, § 30(c) or 430 CMR 9.00.
(8) Claimants may participate in
only one training program in a benefit year, unless circumstances beyond their
control make participation, or continued participation, in the original program
impossible. If such circumstances cause a claimant to seek approval to
participate in a different training program, the new application shall be
deemed to have been filed on the date the completed application for the
originally approved program was filed.
A Basic Skills training program coupled with vocational or industrial training, or a Certificate Program shall constitute one training program.
Notes
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