Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.100 - TAFDC Exemptions from Time-limited Benefits

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) An assistance unit is exempt from the
			 TAFDC time-limited benefits restrictions found at
			 106 CMR
			 703.120, if the grantee:
(a) is disabled as defined in
			 106 CMR
			 703.190. A client who requests an exemption
			 under this clause shall, as a condition of continued eligibility, apply for
			 Social Security Disability benefits (RSDI/SSI) and, if requested by the
			 Department, appeal a denial of Social Security Disability benefits at the
			 Social Security Administration as specified in
			 106 CMR
			 703.190. Clients who do not comply with the
			 Department's request to apply for Social Security Disability benefits or appeal
			 a decision shall not be granted a work exemption under this clause;
(b) is essential to the care of one of the
			 following disabled persons living in the home:
1. a child;
2. the grantee's spouse; or
3. the child's other parent.
A client who requests this exemption shall either apply for
				Social Security Disability benefits on behalf of the disabled child or spouse
				or the disabled spouse or child's other parent must apply for benefits on his
				or her own behalf. Verification of such required Social Security Disability
				benefits applications must be provided.
(c) is in their
			 33rd week or later of pregnancy or in their third
			 trimester of pregnancy who have submitted documentation signed by a primary
			 care provider or an obstetrician, gynecologist, nurse-midwife or family
			 practitioner that the client has a pregnancy-related medical condition that
			 prevents the client from working;
(d) has a child living in the home younger
			 than two years of age and in the assistance unit or is not in the assistance
			 unit in accordance with
			 106
			 CMR 704.305(A)(5)(a), (b), and
			 (c) because the child:
1. receives SSI;
2. receives state and/or federal foster care
			 maintenance payments; or
3.
			 receives state and/or federal adoption assistance;
A grantee may not claim this exemption for a teen parent's
				dependent child if that child's parent is living in the home.
(e) has a child living in the home
			 under the age of three months and not included in the assistance
			 unit;
(f) is a teen parent younger
			 than 20 years old who is meeting the living arrangement requirements found at
			 106 CMR
			 703.180 and attending school, not beyond high
			 school, full time; or a combination of a full-time HiSET program and
			 participation in an approved training or employment-related activity for a
			 total of 20 hours per week; or if living in a teen structured living program,
			 meeting the requirements found at
			 106 CMR
			 703.183;
(g) is an ineligible grantee, except that an
			 ineligible grantee who has a legal obligation to support his or her dependent
			 children in the assistance unit shall not be exempt unless he or she meets one
			 of the exemptions specified in 106 CMR 703.100(A)(1)(a) through (f) or (h); or
			 he or she cannot work for pay due to his or her alien status; or
(h) is 66 years of age or older or a grantee
			 between 60 and 66 years of age, who is the primary caregiver for the child and
			 retired prior to applying for TAFDC benefits [Note: 106 CMR 703.100(A)(1)(h)
			 was formerly found at 106 CMR 203.100(A)(1)(h)] .