Board of Review Decision 352-NDNT-J5JH

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
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Issue ID: 352-NDNT-J5JH

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 an extension of the claimant’s unemployment benefits while attending a training program (training benefits). We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm.

On December 3, 2025, the agency initially determined that the claimant was not entitled to training benefits. The claimant appealed and attended the hearing. In a decision rendered on February 24, 2026, the review examiner affirmed the agency determination, concluding that the claimant had not begun the program for which he sought training benefits, and, thus, the claimant did not meet the requirements for training benefits pursuant to G.L. c. 151A, 30(c), and 430 CMR 9.00 et seq. The Board accepted the claimant’s application for review.

Ruling of the Board

After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal, we conclude that the review examiner’s decision is based on substantial evidence and is free from any error of law affecting substantive rights. The regulations provide that training benefits are only available while the claimant is enrolled in the training course. See 430 CMR 9.06(1). During the hearing, the claimant candidly testified that he had not yet begun the program for which he sought training benefits. Because he was not enrolled, he does not meet the requirements of 430 CMR 9.06(1).

The review examiner’s decision is affirmed. The claimant is not entitled to receive an extension of up to 26 times his weekly benefit rate under G.L. c. 151A, § 30(c). 

N.B.: Review of the DUA’s computer databases suggest that the claimant eventually began and may have completed his training program. If so, the claimant may, within two (2) weeks from the date of this decision, contact the DUA’s Special Programs Unit and submit a new Training Opportunities Program (TOP) Application. See 430 CMR 9.05(6)(b). 

Boston, Massachusetts   Date of Decision – June 18, 2026

Martha M. Wishart, Esq.
Chair

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.

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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.

JPCA/rh