by A recent appeal decision will help veterans who receive a lump sum of Unemployment Insurance (UI) benefits covering a time period when they were also receiving Chapter 115 benefits. The Massachusetts Executive Office of Veterans Services (EOVS) recently issued an appeal decision confirming that if a veteran on Chapter 115 benefits is awarded a lump sum of UI benefits, the veteran does not need to use the UI lump sum award to pay back their local town or city Veterans Services Office (VSO) for the Chapter 115 benefits they received. (A lump award for back benefits is also sometimes called a “retroactive” benefit award.)
Chapter 115 is a program that provides financial support to veterans and their families to help with basic needs such as food, shelter, and medical expenses. The program can provide monthly or one-time payments to support eligible veterans and their families. UI provides financial support, through the Department of Unemployment Insurance (DUA), for people who are out of work and unable to secure work through no fault of their own. When someone receives Chapter 115 benefits, they must sign an Agreement to Reimburse. The Agreement to Reimburse form states that if they get approved for any other benefits and that approval includes back benefits that cover the same period of time they were getting Chapter 115, the person has to use those back benefits to repay their town or city VSO for the Chapter 115 benefits. But, the Chapter 115 regulations have an important exception to this rule. The regulations state that the reimbursement rule does not apply to UI back benefits.
In a recent appeal decision, EOVS restored benefits to a veteran who received lump sum retroactive UI. The veteran’s UI claim was in limbo for several months, during which time he received Chapter 115 benefits. When the veteran’s UI claim was resolved, the veteran got a UI lump sum award that covered some of the same months he had been receiving Chapter 115 benefits. His local VSO said he owed that money back and said he had a debt to the town of over $4,000. The VSO also terminated his Chapter 115 benefits, putting him in what’s called refund status. When someone is in refund status, that means they cannot receive Chapter 115 benefits until the debt in question is paid back to the VSO. The Agreement to Reimburse used by the VSO did not mention UI, instead stating all Chapter 115 benefits must be repaid from any kind of award for back benefits from a different program. The Agreement to Reimburse was inaccurate.
The EOVS Appeals Hearing Officer concluded that the VSO needed to follow the regulation that made an exception for UI benefits. The Hearing Officer concluded that the veteran did not have to dip into his UI benefit award to pay back any of the Chapter 115 benefits he had received. The EOVS Hearing Officer’s decision eliminated the veteran’s entire debt to the town, gave the veteran two months of Chapter 115 benefits he was owed, and restored his benefits going forward.
A copy of the decision can be found below. Attorney Jon Barlam with South Coastal Counties Legal Services represented the veteran in his appeal.
The Takeaway: If someone is getting Chapter 115 benefits and gets awarded UI benefits covering the same period, towns and cities cannot force that person to repay Chapter 115 benefits out of that UI benefit award. The person has the right to keep all their UI benefit award.
For more information about the laws and regulations governing the Chapter 115 program and your rights as an applicant and recipient, please take a look at our self-help guide, which can be found here: https://massvetben.org/wp-content/uploads/2025/11/Updated-Veterans-Day-Fall-2025-Update-Massachusetts-Chapter-115-Self-Help-Guide.pdf.