12- 597 C.M.R. ch. 1, § 9

Current through 2024-44, October 30, 2024
Section 597-1-9 - SUBSISTENCE PAYMENTS

Any individual who is participating in TAA approved training outside the commuting area is entitled to receive subsistence payments while in training. The assumption is that the participant is staying overnight, therefore, needing supplemental assistance for lodging and meals. The participant will be paid subsistence payments based on the following criteria:

1. Subsistence payments shall not exceed the lesser of:
A. The individual's actual expenses for subsistence; or
B. 50 percent of the per diem rate authorized under current federal law for the location of the training facility.
2. Subsistence consists of:
A.Transportation. The individual shall be entitled to receive a subsistence payment for one trip to the training facility at the start of the training and one trip back to the individual's residence at the completion of the training by the least expensive means;
B.Meals and incidental expenses. The cost of meals and incidental expenses will be covered for the days the individual is scheduled for training at the rate of 50 percent of the per diem authorized under current federal law for the location of the training facility;
C.Housing/lodging. The cost of lodging will be covered if scheduled training requires an overnight stay at the rate of 50 percent of the per diem authorized under current federal law for the location of the training facility. This category of subsistence may be waived if the individual is able to stay with family or friends located in the area of the training facility;
3. Subsistence payments for transportation, meals and incidental expenses may not be waived to make the training plan more affordable.
4. Subsistence begins on the day the participant leaves his/her home for the training and ends the day he/she returns. The individual is paid subsistence for each day he/she has classes. If the participant has classes on Friday and again on the following Monday, he/she is paid subsistence for Saturday and Sunday. If he/she chooses to return home on the weekend, he/she shall not receive a subsistence payment for Saturday and Sunday, nor the travel cost for the additional trip.
5.Variations of Subsistence payments
A. If a participant travels over 50 miles one way to the training facility and chooses not to stay overnight and commutes daily in lieu of subsistence, the cost of travel versus subsistence shall be considered and the participant shall be paid the lesser of the two amounts.
B. Payments for subsistence under these circumstances shall not exceed the lesser of:
(1) The individual's actual expenses for subsistence; or
(2) 50% of the per diem rate for the area of the training facility; or
(3) Payment for travel expenses at the prevailing mileage rate authorized under the federal travel regulations for purposes of subsistence.
6. Subsistence payments may be made in advance upon request of the individual if it is determined that such advance is necessary to enable the individual to accept training. An adjustment shall be made if the amount of the advance is less or more than the amount to which the trainee is entitled under the Act.

12- 597 C.M.R. ch. 1, § 9