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BOR 0011674152

Date: 
03/11/2015
Author: 
BOR (Board of Review)
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Board of Review reversed RE determination that claimant was ineligible for UI.  RE had determined that claimant had refused offers of work from employer and disqualified her on that basis. However, at the time claimant refused offers of work, she had been accepted into a training program under Section 30.  In reversing the RE determination, the Board ruled that

"for the time period addressed by the review examiner, the claimant was also attending school in a course approved, under G.L. c. 151A, § 30(c).  “The general goal of M.G.L. c. 151A, § 30(c) is to allow claimants to acquire the new skills necessary to obtain employment.  M.G.L. c. 151A, §§ 24 and 25(c) pertaining to work search, availability for work, and acceptance of suitable work, are waived if a claimant is otherwise eligible for UI and is enrolled in approved training.”  430 CMR 9.01.  By waiving work search and availability requirements for claimants in a program approved under G.L. c. 151A, § 30, the regulations contemplate that an individual will devote all of her time to her approved schooling.  A claimant is not required to search for work, be available for work, or work while in school under the G.L. c. 151A, § 30 program."   

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