Section 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.
Amended by Mass Register Issue 1400, eff. 9/20/2019.