reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.110 - Initial Applications

Current through Register 1525, July 5, 2024
For most households submitting an initial application,
				eligibility will be based on the household's circumstances for the entire month
				of application.
(A) If the worker
			 finds a household ineligible for the month of application, but eligible in the
			 following month(s) because of anticipated changes, the same application shall
			 be used to deny benefits for the month of application and to approve benefits
			 for the following month(s). In this situation, the household does not have to
			 reapply to receive benefits for the month(s) following the month of
			 application. The worker will use the month of ineligibility, however, as the
			 first month of the household's certification period.
(B) If the Department finds a household
			 eligible for the month of application, but ineligible in the following month
			 because of anticipated changes, the household shall be paid benefits for the
			 month of application even if the benefit is not issued until the following
			 month.
(C) If the Department finds
			 that an eligible household's benefit amount for the month of the application is
			 different from the household's benefit amount in the following month(s) because
			 of anticipated changes, the Department shall issue the correct benefit amount
			 for each of the certification months, even if the amount is different each
			 month. The household may also elect to have its income averaged over the
			 certification period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.120 - Recertifications

Current through Register 1525, July 5, 2024
Eligibility for recertifications shall be based on the
				household's circumstances anticipated for the certification period starting the
				month after the current certification period ends. If an application for
				recertification is submitted after the certification period ends, that
				application shall be considered an initial application and benefits for that
				month shall be prorated in accordance with
				106 CMR
				364.650.
If the household submits an application for recertification
				prior to the end of its certification period but is found ineligible for the
				first month following the end of the certification period, then the first month
				of any subsequent participation shall be considered the initial month of the
				new certification period. Conversely, if the household submits an application
				for recertification prior to the end of its certification period and is found
				eligible for the first month following the end of the certification period,
				then that month shall not be considered the initial month.
Any household that receives a Notice of Expiration at the time
				of or prior to recertification, as discussed in
				106 CMR
				366.310:
Notification to
				Recertify
, shall not be subject to proration for the first month of
				its new certification period if the deadline for filing an application for
				recertification falls after the end of their current certification
				period.
If a household is requested in writing to provide missing
				verifications by a specified date (at least ten calendar days after the
				request) that is beyond its current certification period, and provides the
				required verifications and is otherwise eligible, the household will not be
				subject to proration for the first month of its new certification
				period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.200 - Determining Assets

Current through Register 1525, July 5, 2024
If subject to the asset test, the household's assets at the
				time of the initial interview shall be used to determine the household's
				eligibility. (
See
106 CMR 363.000 through
				363.150
				).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.300 - Determining Income

Current through Register 1525, July 5, 2024
All income received or anticipated to be received during the
				certification period must be considered when determining the household's
				eligibility and benefit level. The worker will determine the household's
				monthly countable income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.310 - Income Anticipated in the Certification Period

Current through Register 1525, July 5, 2024
To determine a household's eligibility and benefit level, the
				Department shall count the income already received by the household during the
				certification period and any anticipated income the household and the
				Department are reasonably certain will be received during the remainder of the
				certification period. If the amount of income or timing of the income receipt
				is uncertain, that portion of the household's income shall not be
				counted.
For example, a household anticipating income from a new source,
				such as a new job or a recent application for public assistance benefits may be
				uncertain as to the timing and amount of the initial payment. The Department
				will not anticipate these monies as countable income unless there is reasonable
				certainty of the amount of the payment and the month the income will be
				received. If the exact amount of the income is not known, only that portion
				anticipated with reasonable certainty will be considered income. Where receipt
				of income is reasonably certain but the monthly amount may fluctuate, the
				household may choose to have their income averaged.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.320 - Anticipating Income

Current through Register 1525, July 5, 2024
Income received during the previous four consecutive weeks
				shall be used as an indicator of anticipated income. If income fluctuates to
				the extent that a consecutive four week period alone cannot provide an accurate
				indication of anticipated income, the Department and the household may use a
				longer period of past time (
e.g
., eight weeks) as an indicator
				of future income.
The Department shall not automatically attribute to the
				household the amounts of any past income, nor shall it use past income as an
				indicator of anticipated income when changes in income have occurred or can be
				anticipated during the certification period.
(A)
Income from Steady
			 Employment
. The four consecutive weeks prior to initial
			 certification or prior to the recertification date shall be used as an
			 indication of anticipated income in the month of application and subsequent
			 months, unless:
(1) the household can verify
			 that a change in income has occurred;
(2) the Department and the household are
			 reasonably certain that an income change will occur; or
(3) some other method is used to determine
			 income as provided in 106 CMR 364.320(B) and (C) and
			 364.340.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.330 - Income Counted in the Month Received

Current through Register 1525, July 5, 2024
Income anticipated during the certification period shall be
				counted as income only in the month it is expected to be received, unless the
				income is averaged. Nonrecurring lump sum payments are counted as an asset in
				the month received and not counted as income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.340 - Income Averaging

Current through Register 1525, July 5, 2024
In some cases income averaging is required. In other cases, the
				household may elect to average fluctuating income over the certification
				period. For destitute households as defined by
				106 CMR
				365.810(B), income shall not
				be averaged. Whenever a full month's income is anticipated but is received on a
				weekly or biweekly basis, the Department shall convert the income to a monthly
				amount by multiplying weekly amounts by 4.333 and biweekly amounts by
				2.167.
(A)
Mandatory
			 Income Averaging
.
(1)
Annual Income in Shorter Period
. Households that earn
			 their annual income in a period of time shorter than one year shall have their
			 income averaged over a 12 month period, unless the income is received on an
			 hourly or piecework basis. These households may include school employees, share
			 croppers, farmers and other self-employed households, but not migrant or
			 seasonal farm workers. For a detailed discussion of self-employed households,
see
106 CMR
			 365.900:
Households with Income from
			 Self-employment
.
(2)
Educational Grants,
etc
. Households
			 receiving scholarships, deferred education loans, or other educational grants
			 shall have such income, after exclusions, averaged over the period for which
			 they were provided.
See
106 CMR 365.700
Students
for a detailed discussion of student
			 households.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.350 - Determining Income for Special Situation Households

Current through Register 1525, July 5, 2024
Determining income for PA households, categorically eligible
				households, student households, striker households, households with income from
				self-employment and other households with special circumstances is discussed in
				106 CMR 365.000:
Supplemental Nutrition Assistance Program: Special Situation
				Households
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.360 - Child Support Income Counted in the Month after Receipt

Current through Register 1525, July 5, 2024
Households with a TAFDC household member that receives a child
				support payment of up to $50 monthly as a TAFDC Related Benefit from the DOR
				Child Support Enforcement Division as provided in
				106 CMR
				705.900:
Maximum $50 Support
				Payment
, shall have the payment used in the calculation of benefits
				for the month after receipt.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.370 - Determining Eligibility Based on Gross Income

Current through Register 1525, July 5, 2024
Households must meet the applicable gross income standard,
				except for households containing elderly or disabled members meeting the
				requirements of
				106 CMR
				361.210:
Elderly or Disabled
				Individuals
or public assistance categorically eligible households, in
				accordance with
				106 CMR
				365.180:
Categorically Eligible
				Assistance Units
. SNAP-only TANF Services categorically eligible
				households must meet the gross income standard at
				106 CMR
				364.976. Non categorically-eligible
				households must meet the gross income standard at
				106 CMR
				364.950.
The household's gross income minus the exclusions listed in
				106 CMR 363.230:
Excluded Income
must be compared to the appropriate maximum
				gross monthly income standard for the household size in accordance with
				106 CMR
				364.950 and
				364.976.
				If this countable gross income is greater than the standard, the household is
				ineligible. If the countable gross income is equal to or less than the
				standard, the household's net income eligibility must be determined in
				accordance with
				106 CMR
				364.550.
Net income in accordance with
				106 CMR
				364.550 is the sole basis of eligibility for
				households with an elderly or disabled member who meet the above requirement
				and are not categorically eligible as provided in
				106 CMR
				365.180:
Categorically Eligible
				Assistance Units.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.410 - Determining Deductible Expenses

Current through Register 1525, July 5, 2024
The Department will determine which claimed expenses are
				deductible and their amounts.
(A)
Limitations on Deductible Expenses
. The allowable
			 expenses for medical care, dependent care, shelter and child support are
			 provided in
			 106 CMR
			 364.400. Education expenses and the cost of
			 doing business for the self-employed are income exclusions and handled in
			 accordance with
			 106 CMR
			 363.230(D):
Student
			 Households
and (J): S
elf-employed
			 Households
.
(B)
Types of Nondeductible Expenses
.
(1) No claimed expense is an allowable
			 deduction unless the household makes a money payment for the service and the
			 service is provided by someone outside the SNAP household.
(2) Any expense covered by a reimbursement or
			 vendor payment which is excluded from income, except energy assistance vendor
			 payments made under the Low Income Home Energy Assistance Act (LIHEAA), is not
			 an allowable deduction. For example, if a household pays no rent because an
			 excluded vendor payment is made to the landlord on behalf of the household, the
			 rent expense is not an allowable shelter deduction. A utility expense which is
			 reimbursed or paid by an excluded payment, including utility reimbursement from
			 the Department of Housing and Urban Development and the Farmers Home
			 Administration, shall not be deductible.
(3) A medical expense or that portion of a
			 medical expense that is reimbursed is not an allowable medical deduction. For
			 example, if a third-party insurer such as Medicare reimburses a recipient for
			 80% of the billed expense, only the nonreimbursable 20% of the expense is
			 deductible. If the household reports an allowable medical expense at the time
			 of certification but cannot provide verification, and if the amount of the
			 expense cannot be reasonably anticipated based on available information about
			 the recipient's medical condition and public or private insurance coverage, the
			 household shall only have the non-reimbursable portion of the medical expense
			 considered when the amount of the expense or portion is verified.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.420 - Anticipating Expenses

Current through Register 1525, July 5, 2024
The case manager must make a reasonable prediction of the
				amount the household expects to be billed during the certification period for
				allowable medical, dependent care, and shelter expenses. Anticipation of these
				expenses is based on the most recent month's bills unless the household is
				reasonably certain a change will occur.
At certification, the household shall report and verify all
				medical expenses. The household's monthly medical deduction for the
				certification period shall be based on information reported and verified by the
				household, and any anticipated changes in the household's medical expenses that
				can be reasonably expected to occur during the certification period based on
				available information about the client's medical condition, public or private
				medical insurance coverage and current verified medical expenses. The household
				shall not be required to report its medical expenses during the certification
				period. If the household voluntarily reports a change in medical expenses, the
				Department shall verify the change in accordance with
				106 CMR
				366.100:
Changes During the
				Certification Period
if the change would increase the household's
				allotment. Verification of the change in medical expenses is required before
				the Department acts on the change. In the case of a reported change that would
				decrease the household's allotment, or make the household ineligible, the
				Department shall act on the change without requiring verification, though
				verification which is required by
				106 CMR
				366.100 shall be obtained prior to the
				household's recertification.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.430 - Expenses Deducted in the Month Due

Current through Register 1525, July 5, 2024
Except for expenses the household elects to average, the
				expense is deducted in the month it is billed or otherwise becomes due,
				regardless of when the household intends to pay the expense. For example, rent
				which is due each month is included in the household's monthly shelter
				deduction even if the household does not pay the rent each month.
A particular expense may be deducted only once. Amounts carried
				forward from past billing periods are not deductible in a subsequent month even
				if included in the most recent billing or actually paid by the household in the
				most recent billing period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.440 - Averaging Expenses

Current through Register 1525, July 5, 2024
A household may elect to average fluctuating or one-time
				deductible expenses instead of taking a deduction in the month the expense is
				billed or otherwise becomes due.
(A)
			 One-time-only expenses, other than medical expenses, are averaged over the
			 entire certification period in which they are billed regardless of when the
			 expense is reported by the household.
(B) Expenses billed less often than monthly
			 are averaged forward over the interval between scheduled billings. If there is
			 no scheduled interval between billings, the expense is averaged forward over
			 the period the expense is intended to cover. For example, if a household
			 receives a single bill in June for dependent care expenses for a three-month
			 period, the household may elect to average the deductible amount over the
			 months of June, July and August instead of taking a one-time
			 deduction.
(C) For households
			 certified less than 24 months, one-time-only medical expenses which are
			 reported during a certification period may be taken as a one-time deduction or
			 averaged forward over the remaining months of the certification period. If the
			 household elects to average the expense, the averaging begins the month the
			 change becomes effective.
(D)
			 Households certified for 24 or more months that have one-time-only medical
			 expenses may:
(1) if the expense is incurred
			 during the first 12 months, opt to:
(a) deduct
			 the expense for one month;
(b)
			 average the expense over the remainder of the first 12 months; or
(c) average the expense over the remaining
			 months in the certification period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.450 - Verification of Deductible Expenses at Initial Certification

Current through Register 1525, July 5, 2024
(A)
Medical Expenses
. The amount of allowable medical
			 expenses, including the amount of reimbursement (for example, by a third-party
			 insurer), must be verified before the initial certification, if use of the
			 expenses would result in a deduction. Additional verifications relevant to the
			 claimed medical expenses, such as whether the services provided are allowable,
			 are not required unless the information provided by the applicant or recipient
			 is questionable pursuant to
			 106 CMR
			 361.620:
Questionable
			 Information.
(B)
Other Expenses
. Other deductible expenses must be
			 verified before initial certification only when questionable and use of the
			 expense claimed by the household would actually result in a deduction.
If a deductible expense must be verified, but obtaining the
				verification would delay the household's certification, the worker must inform
				the household that it may elect to be certified without receiving the deduction
				for the unverified expense. If the household subsequently provides the missing
				verification, the case manager shall treat the information as a reported change
				and provide increased benefits, if any, in accordance with the timeliness
				standards for reported changes. The household is not entitled to lost benefits
				unless the expense could not be verified within the 30-day application
				processing standard because the worker did not allow the household at least ten
				days from the date of the initial request to provide the verification or
				because the worker did not provide the household assistance when required.
				Households ineligible because a claimed, but unverified expense, is disallowed
				must be sent a Notice of Pending/Denial on the 30th
				day following the date of application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.500 - Determining Net Income

Current through Register 1525, July 5, 2024
The net monthly income of destitute (migrant) households is
				calculated in accordance with the provisions of
				106 CMR
				365.810:
Expedited Service
				Households
.
The following steps lead to the determination of net monthly
				income for all other households. Round down each income and allotment
				calculation that ends in .01 through .49 cents and round up each calculation
				that ends in .50 through .99 cents.
(A)
Total Gross Earned
			 Income
. To determine gross monthly earned income, add the gross
			 monthly income earned by all household members (including self-employment
			 income) less income exclusions. Net losses from a self-employed farmer shall be
			 offset in accordance with
			 106
			 CMR 365.970(C):
Determining Monthly SNAP Income
.
(B)
Earned Income
			 Deduction
. Multiply the gross earned income by 80% to determine
			 monthly earned income.
(C)
Unearned Income
. Add the total monthly unearned income
			 of all household members, less income exclusions, to the net monthly earned
			 income.
(D)
Standard
			 Deduction
. Subtract the standard deduction for the household size.
See
106 CMR
			 364.400.
(E)
Medical Expenses
. Total the allowable medical expenses, less reimbursements (for example, by a
			 third-party insurer) for those household members who meet one of the
			 requirements of
			 106 CMR
			 361.210:
Elderly or Disabled
			 Individuals
.
If these costs exceed $35 per month, go to the next step. If
				these costs are $35 or less, go to 106 CMR 364.500(G).
(F)
Medical
			 Deduction
.
(1) For medical
			 expenses between $35, and $190 per month, subtract $155.
(2) For medical expenses that exceed $190 per
			 month, subtract the amount that exceeds $35.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.550 - Determining Eligibility Based on Net Income

Current through Register 1525, July 5, 2024
All households must meet the net income standard, except for
				categorically eligible households, in accordance with
				106 CMR
				365.180:
Categorically Eligible
				Assistance Units
.
Households that contain an elderly or disabled member meeting
				one of the requirements of
				106 CMR
				361.210:
Elderly or Disabled
				Individuals
must have their income eligibility based solely on net
				income standards.
To determine eligibility with regard to net income standards,
				the household's net income must be compared to the Maximum Allowable Monthly
				Net Income Standards for the appropriate household size in accordance with
				106 CMR
				364.970. If the net income is greater than
				the standard, the household is ineligible. If the net income is equal to or
				less than the standard, the household is eligible with regard to net
				income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.600 - Determining the Benefit Level

Current through Register 1525, July 5, 2024
Once a household has been determined eligible for SNAP
				considering both nonfinancial and financial eligibility standards, the case
				manager must determine the household's benefit level or monthly
				allotment.
(A)
Household
			 Size - One to Eight
. Refer to
			 106 CMR
			 364.980 to find the monthly allotment based
			 on the household's monthly net income (using dollars and cents) and household
			 size. Categorically eligible one- and two-person households are entitled to a
			 minimum benefit, except in the initial certification month. This minimum
			 benefit amount, is posted at
www.mass.gov/dta
.
Categorically eligible households with three or more members
				who do not qualify for a benefit because their income exceeds the level for
				which benefits are issued cannot be denied. These households must be suspended
				in accordance with
				106 CMR
				365.180:
Categorically Eligible
				Assistance Units
.
(B)
Household Size - Over
			 Eight
.
(1) Determine the maximum
			 allotment for the household size by adding the amount posted at
www.mass.gov/dta
for each
			 individual in excess of eight to the maximum allotment for an eight-person
			 household.
(2) Determine the
			 household's monthly net income in accordance with
			 106 CMR
			 364.500.
(3) Multiply the household's monthly net
			 income (using dollars and cents) by 30%. Drop any digits beyond the second
			 decimal place. If the result is not whole dollars, round the result up to the
			 next whole dollar.
(4) Subtract
			 this 30% amount from the maximum allotment for the household size.
The resulting amount is the household's monthly allotment.
				However, when the calculated amount is zero or less, the household is
				ineligible for benefits since its net income exceeds the level at which
				benefits are issued.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.650 - Prorating Initial Month's Benefits

Current through Register 1525, July 5, 2024
SNAP benefits for a household's initial month shall be
				prorated.
The initial month is the first month for which a household is
				certified to participate in SNAP following any period of time during which the
				household did not receive SNAP, except for migrant and seasonal farmworker
				households. For migrant and seasonal farmworker households, the initial month
				is the first month for which a household is certified to participate in SNAP
				following any period of more than one month during which the household did not
				receive SNAP. A migrant or seasonal farmworker household that has received SNAP
				within the month before application is entitled to a full month's
				benefits.
Households which apply for initial benefits after the
				15th day of the month and are determined eligible
				for expedited SNAP benefits in accordance with
				106 CMR
				365.800:
Expedited Service,
must be issued a combined allotment. A combined allotment includes the initial
				month's prorated benefits plus the second month's full allotment. Combined
				allotments must be issued within the seven-day expedited service time
				frame.
Proration is the issuance of that portion of a household's
				monthly SNAP benefit, as calculated in accordance with
				106 CMR
				364.600, which corresponds to the period of
				time from the date of application to the end of the month.
For a household with a monthly allotment of $400 or less, the
				initial month's allotment is determined in accordance with
				106 CMR
				364.990. For a household with a monthly
				allotment greater than $400, the initial month's allotment is calculated as
				follows:
(A) Count the number of days
			 from the first day of the household's cyclical month through the date of
			 application, inclusive, to determine the day of the cyclical month. If the day
			 of the cyclical month is 31, use the number 30 instead of 31. Subtract the day
			 of the cyclical month from 31.
Multiply the result by the household's monthly allotment.
				Divide the result of this by 30;
(B) If the result of 106 CMR 364.650(A) is
			 not a whole dollar, round the result down to the next whole dollar by dropping
			 cents; then
(C) If the result of
			 106 CMR 364.650(B), is less than $10, no benefits shall be issued for the
			 initial month.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.700 - Assigning Certification Periods

Current through Register 1525, July 5, 2024
Definite time periods are established within which households
				are eligible to receive benefits. This is the certification period. At the end
				of the certification period, benefits will be terminated without the right to a
				pretermination hearing for any household that fails, without good cause, to
				timely comply with its responsibilities for recertification.
(A)
Conformance with Cyclical
			 Months
. Certification periods shall conform to cyclical months. At
			 initial application, the first month in the certification period is generally
			 the month of application, even if the household's eligibility is not determined
			 until a subsequent month.
(B)
Length of Certification Periods
. The certification
			 period shall not exceed 12 months, except that a certification period may last
			 up to 24 or more months if all adult household members are elderly or disabled
			 and meet the requirements of
			 106 CMR
			 361.210:
Elderly or Disabled
			 Individuals.
The Department must have at least one contact with each
			 certified household every 12 months, unless contact is waived by
			 FNS/USDA.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.710 - Household Certification Periods

Current through Register 1525, July 5, 2024
Households shall be assigned certification periods based on the
				predictability of change in the household circumstances.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.810 - Notice of Eligibility

Current through Register 1525, July 5, 2024
A Notice of Eligibility shall be sent to all applicant
				households determined eligible to participate in SNAP and shall contain the
				following information.
(A) The amount
			 of the monthly allotment including any variations in the allotment based on
			 changes. If the initial allotment contains benefits for both the month of
			 application and the current month's benefits, the notice shall explain that the
			 initial allotment includes more than one month's benefits, and shall indicate
			 the allotment amount for the remainder of the certification period.
(B) The notice shall advise Public Assistance
			 (PA) households receiving SNAP benefits pending the approval of the PA grant
			 that SNAP benefits will be decreased upon receipt of that PA grant.
(C) The beginning and ending months of the
			 certification period must be in the notice. For households certified one or two
			 months, the Notice of Eligibility shall be combined with the Notice of
			 Recertification. For households certified three months or longer, the notice
			 shall include a reminder of the need to reapply for continued certification at
			 the end of the certification period. For PA households, the notice shall state
			 that the household's certification period will expire the month after the next
			 PA redetermination or in one year, which ever occurs first.
(D) The notice shall also advise the
			 household of its rights to a fair hearing, the telephone number of the
			 Department, and, if possible, the name of the individual to contact for
			 additional information.
(E) The
			 notice shall advise the household if there is an individual or organization
			 available that provides free legal representation and the notice shall also
			 advise the household of the availability of such services.
(F) The Department may include in the notice
			 a reminder of the household's obligation to report changes in circumstance, or
			 other information which would be useful to the household.
(G) The notice shall inform households whose
			 application is approved on an expedited basis without verification that the
			 household must provide the needed verifications that were waived, and the
			 consequences if the household does not provide the
			 verification.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.820 - Notice of Pending/Denial

Current through Register 1525, July 5, 2024
A Notice of Pending/Denial shall be sent to households when a
				household's application is incomplete because some action by the worker or the
				household or both is needed to complete the application process or when a
				household is ineligible for SNAP benefits. The Notice of Pending/Denial shall
				contain the following information.
(A)
			 If some action by the worker is needed to complete the application, the notice
			 must inform the household that its application has not been completed and is
			 being processed.
(B) If some action
			 by the household is needed to complete the application, the notice must inform
			 the household that its application has not been completed and is being
			 processed, and what action the household must take to complete the application
			 and that if the action is not taken within 60 days of the date the application
			 was filed, SNAP benefits will be denied with no further notice to the
			 household.
(C) If some action by
			 both the household and the worker is needed to complete the application, the
			 notice must inform the household that its application has not been completed
			 and what action the household must take before the application can be
			 completed. The notice must also inform the household that if the action is not
			 taken within 60 days of the date of application, SNAP benefits will be denied
			 with no further notice to the household.
(D) For households found ineligible, the
			 notice must contain the basis for the denial.
(E) The household's right to request a fair
			 hearing, the telephone number of the Department, and if possible, the name of
			 the individual to contact for additional information.
(F) If there is an individual or organization
			 available that provides free legal representation, the notice shall also advise
			 the household of the availability of this service.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.830 - Notice of Increase

Current through Register 1525, July 5, 2024
A Notice of Increase shall be sent to households when a change
				reported during the certification period results in an increase in the
				household's benefit level. The Notice of Increase shall include the following
				information:
(A) For changes that
			 result in increased benefits, the notice shall inform the household of the new
			 monthly allotment and of the date the new monthly allotment becomes effective.
			 The notice shall also inform the household of the date by which the change must
			 be verified and the consequences of not verifying the change; and
(B) The household's right to a fair hearing,
			 the telephone number of the Department, and the name of the individual to
			 contact for additional information.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.840 - Notice of SNAP Termination

Current through Register 1525, July 5, 2024
A Notice of Expiration shall be issued to all SNAP households
				before the end of their certification period. For households certified for
				three months or longer, the notice shall be sent no earlier than the first day
				of the next to last month of certification or no later than the last day of the
				next to last month of certification. When the Department cannot provide the
				notice by this date, because the household is certified for two months or less,
				the notice shall be provided at the time of certification. The Notice of
				Expiration shall contain the following information:
(A) The date the current certification period
			 ends;
(B) The date by which the
			 household must file an application for recertification to receive uninterrupted
			 benefits;
(C) Notice that the
			 household must appear for any interview scheduled on or after the date the
			 application is timely filed in order to receive uninterrupted
			 benefits;
(D) Notice that the
			 household is responsible for rescheduling any missed interview;
(E) Notice that the household must complete
			 the interview process and provide all required verification in order to receive
			 uninterrupted benefits;
(F) If
			 applicable, the number of days the household has for submitting missing
			 verification, after the Department informs the household at the interview of
			 any further verification needed to receive uninterrupted benefits;
(G) The right to request an application and
			 have it accepted by the Department as long as it is signed and contains a
			 legible name and address;
(H) The
			 address of the Department where the application must be filed;
(I) The consequences of not complying with
			 the Notice of Expiration;
(J) The
			 household's right to file the application by mail, fax, online or through an
			 authorized representative;
(K) The
			 household's right to a fair hearing; and
(L) The right to apply for SNAP
			 recertification at an office of the Social Security Administration (SSA) if all
			 members of the household are applicants or recipients of Supplemental Security
			 Income (SSI).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.850 - Using the Change Report Form

Current through Register 1525, July 5, 2024
The Change Report Form, shall be provided to all appropriate
				households at initial certification, whenever a Change Report Form is returned
				by a household, and at recertification, if the household needs a new Change
				Report Form.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.860 - Notice of Adverse Action

Current through Register 1525, July 5, 2024
The Notice of Adverse Action shall be sent to all households
				prior to terminating or reducing benefits, except as provided in
				106 CMR
				366.210:
Changes not Requiring
				Advance Notice
to ensure timely and adequate advance notice of the
				proposed action. The Notice of Adverse Action shall include the following
				information:
(A) The proposed
			 action;
(B) The reason for the
			 proposed action;
(C) The
			 household's right to request a fair hearing;
(D) The telephone number and, if possible,
			 the name of the individual to contact for additional information;
(E) The availability of continued benefits
			 and the date by which a hearing request must be filed to ensure such
			 continuation;
(F) The liability of
			 the household for any overissuance received while awaiting a fair hearing, if
			 the hearing official's decision is adverse to the household; and
(G) If there is an individual or organization
			 that provides free legal representation, the notice shall also advise the
			 household of the availability of the service.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.870 - Unintentional Program Violation Claim Demand Letter

Current through Register 1525, July 5, 2024
The Unintentional Program Violation Claim Demand Letter shall
				be sent to all households whenever an overissuance of SNAP benefits occurs
				unless the amount of the claim is less than $125 or the minimum recovery
				threshold established by the Department, whichever is higher, unless the
				household is currently receiving SNAP benefits or the household cannot be
				located. The Claim Demand Letter shall contain the following
				information:
(A) The amount
			 owed;
(B) The reason for the
			 claim;
(C) The period of time the
			 claim covers;
(D) Any offsetting
			 that was done to reduce the claim;
(E) The household's right to a fair hearing
			 if the household disagrees with the Department's determination;
(F) How the claim was calculated;
(G) The phone number to call for more
			 information about the claim;
(H)
			 The right of the household to request a copy of or inspect records related to
			 the claim; and
(I) That the
			 Department may reduce any part of the claim if the Department believes that the
			 household is not able to repay the claim.
The household's repayment options shall be included in the
				Repayment Agreement in accordance with
				106 CMR
				367.495(E):
CollectingClaimsfor Unintentional Program
				Violation.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.880 - Intentional Program Violation Claim Demand Letter

Current through Register 1525, July 5, 2024
The Intentional Program Violation Claim Demand Letter shall be
				sent to households that have been found to have committed an Intentional
				Program Violation, by either an Administrative Disqualification Hearing or a
				court of appropriate jurisdiction, have filed a signed and accepted waiver, in
				accordance with
				106 CMR 367.660:
Waiver of ADH
or entered into a consent agreement with a
				court. The Intentional Program Violation Claim Demand Letter must be sent even
				if the household has already received a Claim Demand Letter. The Intentional
				Program Violation Claim Demand Letter shall contain the following
				information:
(A) The amount
			 owed;
(B) The reason for the
			 claim;
(C) The period of time the
			 claim covers;
(D) Any offsetting
			 that was done to reduce the claim;
(E) The household's right to a Fair Hearing
			 if the household disagrees with the Department's determination of the amount of
			 the claim, unless a fair hearing is consolidated with the Administrative
			 Disqualification Hearing to determine the amount of the claim;
(F) How the claim was calculated;
(G) The phone number to call for more
			 information about the claim;
(H)
			 The right of the household to request a copy of or inspect records related to
			 the claim; and
(I) That the
			 Department may reduce any part of the claim if the Department believes that the
			 household is not able to repay the claim.
The household's repayment options shall be included in the
				repayment agreement letter in accordance with
				106 CMR
				367.825(C).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.895 - Notice of Restoration of Lost Benefits

Current through Register 1525, July 5, 2024
The Notice of Restoration of Lost Benefits shall be sent to all
				households entitled to restored benefits. The Notice of Restoration of Lost
				Benefits shall contain the following information:
(A) The amount of benefits to be
			 restored;
(B) Any offsetting that
			 was done;
(C) The method of
			 restoration;
(D) The date the
			 restoration will be completed; and
(E) The household's right to a fair hearing
			 if it disagrees with any aspect of the proposed restoration.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.900 - Delivery of Benefits

Current through Register 1525, July 5, 2024
Eligible households shall be issued SNAP benefits for each
				month of eligibility.
SNAP benefits can be accessed by using an Electronic Benefit
				Transfer (EBT) card for food purchases at grocery and other participating
				stores and farmers markets.
(A)
Initial SNAP Benefit Issuance
.
(1)
Expedited SNAP Benefit
			 Issuance
. The Department shall provide SNAP benefits to households
			 that qualify for expedited service using expedited processing standards. The
			 conditions for expedited eligibility are provided at
			 106 CMR 365.800
			 through
			 365.850.
(2)
Normal SNAP Benefit
			 Issuance
. The Department shall provide SNAP benefits to households
			 that do not qualify for expedited service using normal processing standards.
			 The time frames for the delivery of Normal SNAP Benefits are provided at
			 106 CMR 361.080:
Prompt Action.