Board of Review Decisions

A majority of the Board held:  (1) The evidence of the claimant's disability at the hearing was sufficient under 430 CMR 9.09 to permit the claimant to enroll in fewer than twelve community college credits per semester while attending her training program under G.L. c. 151A, sec. 30(c); and (2) The benefit year application and enrollment deadlines under the DUA regulations are not enforceable against this claimant, because a federal benefit year extension was in effect at the time the claimant applied for and began her training program.

Because the externship component of claimant's community college phlebotomy program brought the average credit hours up to 13.3 hours per week, more than the minimum 12 hours required under 430 C.M.R. 9.05(2)(b)(1), claimant qualified for extended benefits under G.L. c. 151A, sec. 30(c).

Although claimant did not qualify for G.L. c. 151A, sec. 30(c) training benefits, because her journalism program extended beyond the one-year cap under regulations in effect at the time, she remained eligible for regular unemployment benefits.  Her attendance at school did not render her unavailable for work.