Secretary’s Discretion in Determining Eligibility for Benefits

(1) Discretionary Disqualification. The veterans’ agent may, and only after consulting with the DVS authorizer responsible for reviewing that agent’s cases, disqualify the following categories of persons from eligibility for benefits. In all cases, the Secretary has the authority to waive the disqualification. (a) A veteran who has neglected to support his or her dependents. (b) A veteran, or the dependent of a veteran, whose voluntary unemployment or continuous unwholesome habits has produced the need for benefits. If all the circumstances of the case, including age, physical condition, skills, length of time unemployed, economic conditions, etc., indicate that the applicant has not made, or is not making a good faith effort to obtain any type of employment for which he or she is reasonably suited, the local veterans’ agent shall determine that the applicant is voluntarily unemployed. When recipient’s benefits are tobe terminated because of neglect to support his or her dependents, voluntary unemployment or continuous unwholesome habits, the veterans’ agent shall send a Notice of Intent to the applicant at least 14 days before the issuance of a Notice of Action in accordance with 108 CMR 8.02 and 8.03. If the veteran’s behavior continues to be inadequate, the veterans’ agent shall send a Notice of Action in accordance with 108 CMR 8.06. (c) A veteran who has received a dishonorable discharge from a National Soldiers’ or Sailors’ Home or from a Soldiers’ Home in Massachusetts. (d) Unless the veterans’ agent and the Secretary both decide otherwise, the fact that an applicant has a criminal conviction will not automatically disqualify the applicant. (e) A veteran whose need for benefits is solely the result of his or her willful acts. (2) Undesirable Discharge. An applicant who has received an undesirable discharge shall be presumed to be ineligible for benefits. The applicant shall be entitled to challenge that presumptionon the ground that the circumstances of the discharge were not dishonorable. The local veterans’ agent shallassist the applicant in his or her challenge by helping him or her obtain from the militaryservice in which he or she served either a statement of the circumstances of the discharge or a copy of any court-martial which may have lead to the discharge. Adeterminationofeligibilitywillbe made by the Secretary. (3) Dependents. Unless the Secretary decides otherwise, a dependent shall not be eligible for benefits if the veteran is ineligible.