Section 9.03 - Eligibility of Claimants and Special Conditions for Training Extension Benefits(1) Claimants may be eligible for approved training if it is determined that they are permanently separated from work, unlikely to obtain suitable employment based on their most recently utilized job skills, the requested training is for a demand occupation and:(a) They are in need of training to become re-employed; or(b) They have been permanently separated from a declining occupation, or they have been permanently separated from work as a result of a permanent reduction of operations.(2) For purposes of 430 CMR 9.00, a claimant will be considered permanently separated from work if he or she is unemployed with no recall date or with an indefinite date of recall, or if he or she leaves partial unemployment from other than the most recent base period employer to enter training pursuant to M.G.L. c. 151A, § 25(e).(3) For purposes of 430 CMR 9.00, a claimant will be deemed unlikely to obtain suitable employment based on the claimant's most recently utilized job skills and in need of training to become re-employed, if any of the following apply:(a) The claimant has applied for or is participating in a course or training program authorized by WIOA;(b) The claimant requires training to become re-employed in his or her current occupation, because his or her present skills in that occupation are insufficient or are technologically out of date; provided, however, that a claimant possessing sufficient skills in his or her current occupation to obtain suitable employment in that occupation shall not be determined to be in need of training, unless the claimant has separated from a declining occupation or is unemployed as a result of a permanent reduction of operations and the claimant is training for a demand occupation;(c) A claimant's existing skills are obsolete due to technological change or because there is currently no demand for his or her skills in his or her work search area, or because a disability has made the claimant unable to perform the essential functions of jobs in the claimant's previous occupation;(d) A claimant is in need of Basic Skills training or any other training in combination with Basic Skills.(4) Claimants must possess sufficient aptitude and skills, as determined by the Director, to successfully complete and benefit from the approved training, provided that individuals with a disability are not denied eligibility due to their disability and without the consideration of reasonable accommodation to facilitate their participation including, but not limited to, reasonable modifications of attendance policies, course loads and completion dates for training.(5) Individuals who do not speak English or require remedial education must be approved for E.S.O.L., A.B.E. or other Basic Skills courses to facilitate their participation in further training and reemployment.(6) Enrollment, regular attendance, and satisfactory progress in the selected training program are required for continued eligibility in the training program.(7) A claimant who is determined to be eligible, shall remain eligible during the pendency of any dispute regarding eligibility due to separation from work under M.G.L. 151A, § 25(e), provided the claimant is receiving benefits pursuant to a determination made under M.G.L. c. 151A, §§ 39 through 42.(8) No claimant participating in an approved training program shall be considered ineligible for benefits because of absence from training if such absence is due to illness or disability. However, in the case of illness, this exception shall apply to not more than three weeks within a benefit year, including weeks in the benefit year for which benefits were paid prior to entry into the training program.(9) A claimant participating in an approved training program who is absent for three or more days in a week and who does not meet the provisions of 430 CMR 9.03(9) shall be ineligible for benefits for that week.(10) A claimant who applies to the Director for training shall have his or her total benefits extended up to 26 times his or her benefit rate after exhaustion of all Extended Benefits, Emergency Unemployment Compensation, or other Federal extended unemployment benefits. Such benefits shall be paid only during the period the individual is attending the training course and if: (a) the claimant meets the eligibility criteria of 430 CMR 9.03;(b) the claimant files a completed application with the Director for enrollment in training within the 20-week application period, or within the tolled or extended period allowed in 430 CMR 9.05;(c) the claimant applies for enrollment in a training program that has been approved, or is approvable, including but not limited to out of state programs, under the standards set forth in 430 CMR 9.04, provided that, if a claimant has been approved to attend a Basic Skills training program coupled with vocational training, such individual does not have to reapply for approval upon completion of the Basic Skills program; and(d) the claimant begins training in the first available appropriate program that is affordable for the claimant, or for which funding is available, and is located within a reasonable distance from the claimant's residence.(11) A claimant shall commence training prior to expiration of a claimant's benefit year, unless 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 20-week application period shall be extended, however, beyond the end of the claimant's benefit year, provided that:(a) if the claim for regular benefits was denied, and(b) the reversal of said denial did not occur until after the 31st week of the claimant's benefit year, the claimant shall not be barred from filing an application within 21 weeks of the notice of reversal, so long as the claimant commences training in the first available program.Amended by Mass Register Issue 1400, eff. 9/20/2019.