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Board of Review Decision 352-N542-3RF8

Although enrolled in school full-time, the claimant may not be disqualified pursuant to G.L. c. 151A, § 24(b). Because he has been approved for extended benefits under G.L. c. 151A, § 30(c), while participating in a training program, he is deemed to be available for work under § 24(b).

Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
Phone: (617) 626-6400
Fax: (617) 727-5874

Issue ID: 352-N542-3RF8

Board of Review Decision

Introduction and Procedural History of this Appeal

The claimant appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to deny the claimant benefits beginning August 31, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse.

The claimant filed a claim, effective March 9, 2025, and was initially approved. However, on October 22, 2025, the agency determined that the claimant was not entitled to unemployment benefits beginning August 31, 2025. The claimant appealed and attended the hearing. In a decision rendered on April 7, 2026, the review examiner affirmed the agency determination, concluding that the claimant was not available for full-time work while enrolled in school full-time, and, thus, he was disqualified under G.L. c. 151A, § 24(b), beginning August 31, 2025. The Board accepted the claimant’s application for review.

Ruling of the Board

We note that the DUA’s record-keeping database shows that, concurrent with the claimant’s appeal before the review examiner in the case before us (the Section 24(b) issue), the claimant had also appealed a separate determination denying his request for extended benefits while participating in training program pursuant to G.L. c. 151A, § 30(c) (the Section 30(c) issue). This Section 30(c) issue, Issue ID: 352-N55J-593V, was still pending at the time the review examiner in the present case rendered her decision in the Section 24(b) issue. The DUA’s database further shows that, on June 18, 2026, another review examiner issued a decision awarding extended benefits in the Section 30 issue during the period from August 31, 2025, to May 8, 2027, which is when the claimant is enrolled in his full-time training program. 

G.L. c. 151A, § 24(c), provides that an individual attending an approved Section 30(c) training course is deemed to be available for work under G.L. c. 151A, § 24(b). Inasmuch as DUA records now show that the claimant is attending an approved Section 30(c) training course, he may not be disqualified pursuant to Section 24(b). 

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for the week beginning August 31, 2025, and for subsequent weeks if otherwise eligible. 

Boston, Massachusetts                                              Date of Decision – July 8, 2026

Martha M. Wishart, Esquire

Martha M. Wishart, Esq.
Chair

Michael J. Albano, Member, Signature

Michael J. Albano
Member

Any further appeal would further appeal further appeal would be to a Massachusetts State District Court
(See Section 42, Chapter 151A, General Laws, Enclosed)

The last day to appeal this decision to a Massachusetts District Court is thirty days from the mail date on the first page of this decision. If that thirtieth day falls on a Saturday, Sunday, or legal holiday, the last day to appeal this decision is the business day next following the thirtieth day.

Visit this page to locate the nearest Massachusetts District Court.

Please be advised that fees for services rendered by an attorney or agent to a claimant in connection with an appeal to the Board of Review are not payable unless submitted to the Board of Review for approval, under G.L. c. 151A, § 37.

AB/rh

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