reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.110 - Reporting Residency

Current through Register 1525, July 5, 2024
The application contains spaces for both a physical address and
				a mailing address. If the two are different, the worker will request that both
				addresses be given. A mailing address only, such as a post office box or a
				rural route, will not be sufficient as it does not indicate where the household
				lives. If the address is a rural route, information should be given to identify
				the exact location of the home.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.120 - Verification of Residency

Current through Register 1525, July 5, 2024
Residency shall be verified before initial certification except
				in unusual cases (such as homeless households, certain migrant farmworker
				households, or households that have just arrived in the state) where
				verification of residency cannot reasonably be accomplished. As much as
				possible, documents used to verify rent or mortgage payments, utilities, or
				identity shall be used to verify residency. If such documentation does not
				verify residency, the Department shall use any documents, collateral contact,
				or home visits that reasonably establish the applicant's residency in
				accordance with
				106 CMR
				361.640:
Sources of
				Verification.
No requirement for a specific type of verification may
				be imposed. The Department shall not limit verifications to a single document
				and must assist the household in obtaining verification, when necessary,
				pursuant to
				106 CMR
				361.650:
Responsibility for Obtaining
				Verification.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.200 - Citizens, Noncitizens, Canadian-born or Mexican-born Native Americans and Members of Hmong and Highland Laotian Tribes

Current through Register 1525, July 5, 2024
To be eligible for SNAP benefits an individual must be:
(A) A citizen of the United States, defined
			 as an individual born in one of the United States, District of Columbia,
			 Commonwealth of Puerto Rico, Guam, and or the Virgin Islands. In addition,
			 nationals from American Samoa or Swain's Island shall be regarded as United
			 States citizens for SNAP purposes;
(B) A noncitizen who meets one of the
			 requirements of
			 106 CMR
			 362.220;
(C) A Native American Indian born in Canada
			 or Mexico covered by Section 289 of the Immigration and Nationality Act (INA)
			 or who is a member of a tribe as defined in Section 4(e) of the Indian Self
			 Determination and Education Assistance Act; or
(D) A member of a Hmong or Highland Laotian
			 tribe who meets the requirements of
			 106 CMR
			 362.235.
A written statement certifying, under penalty of perjury, to
				the truth of the information contained in the application of the citizenship or
				noncitizen status of each household member applying for SNAP benefits, must be
				provided in accordance with
				106 CMR
				361.100(C).
If a household member does not meet the above requirements,
				other household members may still apply for and, if eligible, receive
				benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.210 - Citizens

Current through Register 1525, July 5, 2024
(A)
Verification of Citizenship
. Citizenship shall be
			 verified when application information is questionable.
(B)
Acceptable Forms of
			 Verification
. Acceptable forms of verification to prove birthplace
			 or citizenship include:
(1) birth
			 certificate;
(2) baptismal
			 record;
(3) United States
			 passport;
(4) hospital birth
			 record;
(5) voter
			 registration;
(6) naturalization
			 certificate;
(7) US Citizen
			 Identity Card (INS Form 1-179);
(8)
			 US Citizen Resident's Card (INS Form 1-197);
(9) court records that specifically state the
			 citizenship of the individual;
(10)
			 military service papers that show citizenship;
(11) proof that at least one of the
			 biological or adoptive parents was:
(a) a
			 U.S. citizen at the time of the household member's birth; and
(b) that parent resided in the United States
			 before the member's birth;
(12) proof that:
(a) both parents became naturalized citizens
			 before the household member either turned 18 years of age or married while
			 younger than 18 years old; and
(b)
			 at the time the second parent or surviving parent was naturalized, he or she:
1. was residing in the U.S. with lawful
			 admission for permanent resident status; or
2. began residing permanently in the U.S.
			 while younger than 18 years old;
(13) proof that:
(a) at least one of the child's parents is a
			 U.S. citizen by birth or naturalization;
(b) the child is younger than 18 years old;
			 and
(c) the child is residing in or
			 has resided in the United States in the legal and physical custody of the U.S.
			 citizen parent pursuant to a lawful admission for permanent
			 residence.
(14) proof
			 that, at the time of household member's birth, one parent was a U.S. citizen
			 residing in the U.S. for more than five years, and two of those years were
			 after the parent was 14 years of age.
If the household member provided proof of citizenship to
				receive TAFDC or EAEDC benefits, this is acceptable verification of citizenship
				for SNAP. If the household cannot provide the above forms of verification but
				can provide a reasonable explanation as to why verification is not available,
				the Department shall accept a signed statement from a U.S. citizen that
				declares, under penalty of perjury, that the household member in question is a
				U.S. citizen. The signed statement shall contain a warning of the penalties for
				helping someone commit fraud.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.220 - Noncitizens

Current through Register 1525, July 5, 2024
A noncitizen applying for SNAP benefits and claiming an
				eligible noncitizen status must verify that he or she is present in the United
				States (U.S.) under one of the noncitizen statuses provided in 106 CMR
				362.220(A). The status of a noncitizen must be verified at certification, at
				recertification or whenever the status of the noncitizen changes or is
				questionable. Verification of an eligible noncitizen status must be presented
				before the determination of SNAP eligibility.
When a noncitizen applying for SNAP benefits indicates an
				inability or unwillingness to provide information about, or acceptable
				verification of, his or her eligible noncitizen status, that household member
				shall be ineligible. In such cases the Department shall not continue efforts to
				obtain documentation. Also, if a noncitizen applying for SNAP benefits
				indicates an inability or unwillingness to provide, or apply for, a Social
				Security Number due to immigration status he or she is ineligible. The
				Department shall not continue efforts to obtain documentation. SNAP eligibility
				will be determined in accordance with
				106 CMR
				365.520(A)  for the
				household members who do verify an eligible noncitizen status.
The Commissioner or designee is required to report to the
				United States Citizenship and Immigration Services (USCIS) information about
				noncitizens "known to be in the U.S. unlawfully" as defined in
				106 CMR
				362.240.
SNAP - Eligible Noncitizen Status
. A
				noncitizen's eligibility for SNAP benefits depends on the noncitizen being a
				qualified noncitizen and meeting certain conditions related to the qualified
				noncitizen status.
(A) A qualified
			 noncitizen is a person who, at the time the person applies for or receives SNAP
			 benefits, is in one of the following categories as determined by the USCIS:
(1) refugees admitted to the U.S. under
			 section 207 of the INA, including a victims of severe forms of
			 trafficking;
(2) asylees admitted
			 to the U.S. pursuant to section 208 of the INA;
(3) noncitizens whose deportation is withheld
			 pursuant to section 243(h) or whose removal is withheld pursuant to section
			 241(b)(3) of the INA;
(4)
			 Cuban/Haitian entrants (defined by section 501 (e) of the Refugee Education
			 Assistance Act of 1980);
(5)
			 Amerasians defined by in section 584 of the Foreign Operations, Export
			 Financing and Related Programs Appropriations Act, 1988;
(6) noncitizens paroled as a refugee or
			 asylee pursuant to section 212(d)(5) of the INA for at least one
			 year;
(7) conditional entrants
			 pursuant to section 203(a)(7) of the INA;
(8) legal permanent residents; and
(9) battered noncitizens.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.230 - Native Americans Born in Canada or Mexico

Current through Register 1525, July 5, 2024
(A)
Requirements
. A
			 person with at least 50% Native American blood born in Canada or Mexico, with
			 treaty rights to cross the United States borders with Canada and Mexico, and
			 who has maintained residence in the United States since his or her entry must
			 be regarded as having been lawfully admitted for permanent residence.
People with less than 50% Native American blood must satisfy
				the requirements of
				106 CMR
				362.220.
(B)
Verifications
.
			 The status of a Native American born in Canada or Mexico is verified by one of
			 the following:
(1) A "band card" issued by
			 the band council of a Canadian Indian reserve;
(2) Birth or baptism records;
(3) A provincial Union of Indians card issued
			 by the tribal nation (such as a Union of Nova Scotia Indians card);
			 or
(4) An affidavit from a tribal
			 official or other person knowledgeable about the client's family
			 ancestry.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.235 - Members of Hmong and Highland Laotian Tribes

Current through Register 1525, July 5, 2024
A noncitizen lawfully residing in the United States is an
				eligible noncitizen when he or she is:
(1) a member of a Hmong or Highland Laotian
			 tribe at the time the tribe rendered assistance to U.S. personnel by taking
			 part in a military or rescue operation during the Vietnam era beginning August
			 5, 1964 and ending May 7, 1975; or
(2) a spouse, unremarried surviving spouse or
			 an unmarried dependent child of a Hmong or other Highland Laotian tribe member
			 who meets the conditions provided in 106 CMR 362.235(a).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.240 - Noncitizen Definitions

Current through Register 1525, July 5, 2024
(A)
Lawfully Residing in the U.S
. The following
			 noncitizens are considered lawfully residing in the United States pursuant to
			 Department of Justice guidance:
(1) A
			 qualified noncitizen as defined in 106 CMR 362.240;
(2) A noncitizen who has been inspected and
			 admitted to the U.S. and who has not violated the terms of the status under
			 which he or she was admitted or to which he or she has adjusted after
			 admission;
(3) A noncitizen paroled
			 into the U.S. under section 212(d)(5) for less than one year, except:
(a) noncitizens paroled for deferred
			 inspection or pending exclusion proceedings pursuant to 236(a) of the INA;
			 or
(b) noncitizens paroled into the
			 U.S. for prosecution pursuant to 12(5)(a)(3);
(4) A noncitizen who belongs to one of the
			 following classes of noncitizens permitted to remain in the U.S. because the
			 Attorney General has decided, for humanitarian or other public policy reasons,
			 not to initiate deportation or exclusion proceedings or to enforce departure:
(a) noncitizens currently in temporary
			 residence status pursuant to section 210 or 245A of the INA;
(b) noncitizens currently under Temporary
			 Protected Status (TPS) pursuant to section 244AoftheINA;
(c) Cuban/Haitians entrants as defined by
			 section 202(b) Public Law 99-603 as amended;
(d) Family Unity beneficiaries pursuant to
			 section 301 of Public Law 99-101-649;
(e) noncitizens currently under Deferred
			 Enforced Departure (DED) pursuant to a decision by the President;
(f) noncitizens currently in deferred action
			 status pursuant to Services Operation Instructions at 01242.1(a)(22);
			 and
(g) noncitizens who are the
			 spouse or child of a U.S. citizen whose visa petition has been approved and who
			 have a pending application for adjustment of status;
(5) Applicants for asylum pursuant to 208(a)
			 of the INA and applicants for withholding of deportation pursuant to 243(h) of
			 the INA who have been granted employment authorization and such applicants
			 younger than 14 years old who have had an application pending for at least 180
			 days.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.270 - Deeming of Income and Assets for Sponsored Noncitizens

Current through Register 1525, July 5, 2024
The deeming of income and assets rules for sponsored
				noncitizens do not apply to categorically eligible households as defined in
				106 CMR
				365.180:
Categorically Eligible
				Assistance Units.
The deeming of income and assets rules for sponsored
				noncitizens will be applied to any household which contains a member
				disqualified from receiving SNAP benefits due to: a failure to comply with the
				ABAWD Work Program at
				106 CMR
				362.320; a failure to comply with TAFDC
				Income Reporting requirements at
				106 CMR
				366.110:
Household Reporting
				Responsibilities;
or any of the reasons listed in
				106 CMR
				367.800:
Disqualification
				Penalties.
In addition, non-SSI elder and/or disabled households with
				income, not including the income of the sponsor(s), that exceeds the
				Categorical Eligibility Gross Income Standards at
				106 CMR
				364.976:
Gross Monthly Categorical
				Eligibility Income Standards
will be subject to sponsor deeming
				requirements.
(A)
Definitions
.
(1)
Sponsor
. A sponsor is any person, including a cosigner
			 spouse, who executed a legally enforceable affidavit of support or similar
			 agreement on behalf of a noncitizen as a condition of that noncitizen's entry
			 into the United States.
(2)
Sponsored Noncitizen
. A sponsored noncitizen is a
			 noncitizen who has been admitted to the United States as a legal permanent
			 resident and for whom a legally enforceable affidavit of support was signed as
			 a condition of entry into the United States.
(3)
Affidavit of
			 Support
.
(a) An affidavit of
			 support is a contract meeting the requirements of Section 213A of the INA, in
			 which a sponsor agrees to financially support the noncitizen, so that the
			 noncitizen will not become primarily dependent on the government, demonstrated
			 by either receipt of cash assistance or institutionalization for long-term care
			 at government expense.
(b) The
			 affidavit of support is a contract which is legally enforceable against the
			 sponsor by the federal, state and local agencies which provide any means-tested
			 public benefits program.
(4)
Sponsor Deeming
.
			 Sponsor Deeming is the counting of the income and assets, in accordance with
			 106 CMR 363.100 through
			 363.230, of the
			 sponsor(s) based on the amount on the affidavit of support or current
			 verification of the sponsor's circumstances, whether or not monies are actually
			 given to the sponsored noncitizen.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.300 - Work Requirements

Current through Register 1525, July 5, 2024
As acondition of eligibility, nonexempt household members
				between 16 and 59 years of age must comply with the mandatory SNAP work
				requirements found at
				106 CMR
				362.310(A). Failure to
				comply with these requirements without good cause will result in
				disqualification in accordance with
				106 CMR
				367.800:
Disqualification
				Penalties.
Good cause criteria are found at
				106 CMR
				362.330.
Unless an exemption applies, household members between 18 and
				49 years of age must also comply with the ABAWD work program requirements found
				at
				106 CMR
				362.320. Failure to comply with these
				requirements for three months in a three-year period without good cause may
				result in ineligibility. Good cause criteria are found at
				106 CMR
				362.320(C).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.310 - General SNAP Work Requirements

Current through Register 1525, July 5, 2024
(A)
Mandatory Requirements
. Nonexempt household members
			 between 16 and 59 years of age must:
(1)
			 Register for work at application and every 12 months after initial
			 registration;
(2) Provide
			 information to the Department regarding employment status or job availability
			 when requested;
(3) Report to an
			 employer when the Department has made a referral and the work meets the
			 suitablity requirements as provided in
			 106 CMR
			 362.330(A)(3);
(4) Accept a legitimate offer of suitable
			 employment as described at
			 106 CMR
			 362.330(A)(3); and
(5) Not voluntarily, and without good cause,
			 quit a job of 30 or more hours a week or reduce work hours hours to less than
			 30 hours a week in accordance with Voluntary Quit provisions found at
			 106 CMR
			 362.340.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.320 - Able-bodied Adults Without Dependents (ABAWD) Work Program

Current through Register 1525, July 5, 2024
(A)
Mandatory Population and
			 Requirements
. All nonexempt household members between 18 and 49
			 years of age must:
(1) Register for work at
			 application and every 12 months after initial registration; and
(2) Do one of the following:
(a) Work at a job, or combination of jobs,
			 for 20 hours per week averaged monthly. The work performed may be done in
			 exchange for money, in exchange for goods or services (in-kind work) or may be
			 unpaid work;
(b) Work at a
			 community service site for a specified number of hours per month determined by
			 dividing the monthly SNAP allotment by the (higher of the State or Federal)
			 minimum wage;
(c) Participate in a
			 qualifying SNAP Employment and Training (E&T) program, including basic
			 education, vocational or technical training, or on-the-job training for 20
			 hours per week. Job search activies associated with E&T components must
			 make up less than half of the required participation hours; or
(d) Work at a job less than 20 hours per week
			 and participate in a qualifying SNAP E&T program component or a WIOA
			 activity for a combined total of 20 hours per week averaged monthly;
			 and
(3) Provide
			 information to the Department regarding employment status or job availability
			 when requested; and
(4) Any SNAP
			 household member currently meeting his or her ABAWD work program requirement
			 may volunteer to participate in an Employment and Training Program as described
			 in
			 106 CMR 362.310(B)
			  if a slot is available.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.330 - Good Cause Criteria for the General SNAP Work Requirements

Current through Register 1525, July 5, 2024
Good cause for failure to meet the general SNAP work
				requirements found at
				106 CMR
				362.310 exists in the following
				situations:
(A)
Good Cause
			 Reasons
.
(1) Suitable
			 state-standard child care is totally unavailable, or unavailable during the
			 individual's hours of training or employment, including additional commuting
			 time, or arrangements for child care have broken down or have been interrupted.
			 This includes the unavailability of suitable child care for children with
			 identified special needs;
(2) The
			 individual, a member of the individual's immediate family, or anyone whose
			 relationship to the individual makes it appropriate for the individual to
			 provide care or support during a crisis or emergency situation, suffers a
			 family crisis or emergency situation or other compelling circumstances, beyond
			 the control of the individual that:
(a)
			 demands the individual's immediate attention;
(b) can only be attended to by the
			 individual; and
(c) can only be
			 attended to by the individual during the hours of his or her employment or work
			 program activity.
Examples of crisis or emergency situations include, but are not
				limited to, a death, a health emergency, domestic violence or a child's school
				problem;
(3) The
			 employment or offer of paid employment is at a wage level below the higher of:
(a) the applicable federal minimum
			 wage;
(b) the applicable state
			 minimum wage; or
(c) 80% of the
			 federal minimum wage, if neither the federal nor the state minimum wage applies
			 to the job, the applicable federal or state minimum wage laws, or the
			 prevailing rate for similar work, whichever is applicable; or the daily or
			 weekly hours of work are more than customary to the occupation;
(4) The employer discriminates in
			 terms of age, sex, race, religion, ethnic origin, or disability;
(5) The employment is available due to a
			 strike or lockout;
(6) The
			 employment causes an unreasonable risk to health and safety;
(7) The working hours or nature of the
			 employment interferes with the client's religious observances, convictions or
			 beliefs; and/or
(8) The employment
			 would require travel time in excess of two hours, not including the time
			 necessary to transport family members to a school or a place providing care,
			 or, if walking, the round trip distance is more than two miles.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.340 - Voluntary Quit Provisions

Current through Register 1525, July 5, 2024
(A) If a
			 household member is unemployed and has voluntarily quit a job without good
			 cause, the individual or household will be disqualified in accordance with
			 106 CMR
			 367.800:
Disqualification
			 Penalties.
Good cause criteria are found in 106 CMR 362.340(C).
(1)
Applicant
			 Households
. For applicant households, when a client subject to the
			 SNAP work requirements at
			 106 CMR
			 362.310 is unemployed and has voluntarily
			 quit a job without good cause within the 60 days before application, the entire
			 household shall be ineligible in accordance with
			 106 CMR
			 367.800:
Disqualification
			 Penalties.
(2)
Ongoing Households
. For ongoing households, when a
			 client subject to SNAP work requirements is unemployed and has voluntarily quit
			 a job without good cause while participating in the program, the individual
			 shall be disqualified in accordance with
			 106 CMR
			 367.800:
Disqualification
			 Penalties.
The entire household will be disqualified in accordance
			 with
			 106 CMR
			 367.800 if the head of household voluntarily
			 quits a job while participating in the program.
Persons who have been disqualified for quitting a job without
				good cause will carry their sanction with them if they join a new
				household.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.400 - Student Status

Current through Register 1525, July 5, 2024
(A)
Definition
. A student is an individual 18 through 49
			 years of age who is enrolled at least half-time in an institution of
			 post-secondary education, a vocational or technical school at any level, a
			 program that provides for completion of a secondary school diploma or the
			 equivalent, or a school at any level for persons who have disabilities. A
			 student shall be ineligible to participate in SNAP unless he or she meets one
			 of the eligibility requirements in
			 106 CMR
			 362.410.
An institution of post-secondary education is any public or
				private educational institution that admits persons who are beyond the age of
				compulsory school attendance in the state in which the institution is located
				or normally requires a high school diploma or equivalency certificate for
				enrollment. The institution must be legally authorized or recognized by the
				state to provide an educational program beyond secondary education in the state
				or to provide a training program that will prepare students for gainful
				employment. This includes, but is not limited to, colleges, universities, and
				correspondence schools.
This student definition does not apply to individuals who
				are:
(1) younger than 18 years old or
			 50 years of age or older;
(2)
			 physically or mentally unfit for employment;
(3) attending high school;
(4) participating in on-the-job training
			 programs during the period training is actually being conducted by the
			 employer;
(5) enrolled full-time in
			 schools and training programs that are not institutions of higher education;
			 or
(6) enrolled for the exclusive
			 purpose of obtaining training in English as a Second/Other Language (ESOL),
			 provided that the courses are not taken for credit as part of a total
			 program.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.410 - Student Eligibility Requirements

Current through Register 1525, July 5, 2024
To be eligible to participate in SNAP, a student, as defined in
				106 CMR
				362.400(A), must meet at
				least one of the following requirements:
(A) Be employed at least 20 hours per week or
			 be employed for 20 hours per week averaged monthly and be paid for the
			 employment, or, if self-employed, be employed for a minimum of 20 hours per
			 week or be employed for 20 hours per week averaged monthly and receive weekly
			 earnings at least equal to the federal minimum wage multiplied by 20
			 hours;
(B) Participate during the
			 school year in a federally-funded work-study program (financed at least
			 partially under Title IV-C of the Higher Education Act of 1965) or a
			 state-funded work-study program;
(C) Be responsible for the care of a
			 dependent household member younger than six years old;
(D) Be responsible for the care of a
			 dependent household member who has reached six years of age but is younger than
			 12 years old for whom adequate child care is not available to enable the
			 student to attend school and work a minimum of 20 hours per week, or
			 participate in a federally-funded or state-funded work-study program during the
			 regular school year;
(E) Be
			 receiving TAFDC;
(F) Be assigned to
			 or placed in an institution of higher learning through:
(1) a program under Section 236 of the Trade
			 Act of 1974;
(2) an employment and
			 training program under the Food and Nutrition Act; or
(3) an employment and training program
			 operated by a state or local government including a program under the Carl D.
			 Perkins Career and Technical Education Improvement Act of 2006 (
			 Public Law
			 109-270 ) administered by a community college or
			 other program as determined by the Department likely to lead to employment;
			 or
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.420 - Continuous Enrollment

Current through Register 1525, July 5, 2024
The enrollment status of a student begins on the first day of
				the school term of the institution. Such enrollment continues through normal
				periods of class attendance, vacation and recess unless the student graduates,
				is suspended or expelled, drops out, or does not intend to register for the
				next normal school term (excluding summer school).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 362.000 - Supplemental Nutrition Assistance Program: Nonfinancial Eligibility Standards › Section 362.500 - Social Security Numbers

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) A
			 Social Security number (SSN) must be provided, either orally or in writing, for
			 each household member applying for SNAP benefits before the initial
			 certification period, unless good cause exists in accordance with 106 CMR
			 362.500(C).
(2) If an SSN cannot be
			 provided either orally or in writing for each household member applying for
			 SNAP benefits, the applicant or client must receive written verification from
			 the Social Security Administration (SSA) stating that the household member for
			 whom the SSN cannot be provided:
(a) has
			 applied for an SSN; or
(b) has
			 requested that an already-existing SSN be validated.
(3) If the household is unable to provide
			 proof of application for an SSN for a newborn, the household must provide the
			 SSN or proof of application at its next recertification or within six months
			 following the month the baby is born, whichever is later. If the household is
			 still unable to provide an SSN or proof of application for an SSN at its next
			 recertification or within six months following the baby's birth, the State
			 agency must determine if the good cause provisions described in 106 CMR
			 362.500(C) are applicable.
(4) A
			 household eligible for expedited SNAP benefits must meet the SSN requirement
			 before the first full month of participation.
(5) SNAP benefits may not be denied, delayed
			 or decreased pending the issuance or verification of an S SN if the applicant
			 or client has complied with the requirements specified in 106 CMR 362.500(A)
			 and (B).
(6) Each household member
			 applying for SNAP benefits who does not meet the SSN requirements shall be
			 considered a disqualified household member in accordance with
			 106 CMR
			 365.520. An otherwise eligible household
			 member disqualified for failing to meet the SSN requirements becomes eligible
			 upon meeting the requirements.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.000 - Introduction

Current through Register 1525, July 5, 2024
106 CMR 363.000 contains the asset eligibility limits as well
				as which income and assets are countable for eligibility determination
				purposes.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.100 - Assets

Current through Register 1525, July 5, 2024
Assets are items of value that may be converted into cash. All
				of the household's assets shall be counted in determining eligibility unless
				specifically exempted by
				106
				CMR 363.140.
Liquid assets include, but are not limited to, cash on hand,
				bank deposits, securities, lump sum payments, IRAs, and certain Keogh plans.
				The current value of all countable liquid assets shall be verified.
Nonliquid assets are those that are not readily convertible to
				cash. These include land, buildings, and any real property. The countable value
				of a nonliquid asset shall be its equity value which is determined by fair
				market value less any encumbrances.
The equity value of nonliquid assets shall be verified when
				information provided by household members is questionable, as defined by
				106
				CMR 361.620:
Questionable
				Information
.
Households with sponsored noncitizens shall have the assets of
				the sponsor and the sponsor's spouse, if living together, deemed to the
				household in accordance with
				106
				CMR 362.270:
Deeming of Income and
				Assets for Sponsored Noncitizens
.
The primary source of verification of all assets shall be
				documentary evidence. A collateral contact or home visit shall be used in
				accordance with
				106
				CMR 361.640:
Sources of
				Verification
when documentary evidence is
				unavailable.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.110 - Asset Eligibility Limits

Current through Register 1525, July 5, 2024
The asset eligibility limits in
				106
				CMR 363.110 do not apply to categorically
				eligible households as defined in
				106
				CMR 365.180:
Categorically Eligible
				Assistance Units
.
These asset eligibility limits, however, shall be applied to
				any household with a member disqualified from receiving SNAP benefits due to
				failing to comply with the SNAP Work Program; or for any of the reasons listed
				in 106 CMR 367.800:
Disqualification Penalties
. Non-SSI elder and/or disabled
				households with income above the Categorical Eligibility Gross Income standards
				at 106 CMR 364.976:
Gross Monthly Categorical Eligibility Income Standards
shall
				also be subject to asset limits.
The total value of countable assets owned by a household
				subject to asset limits shall not exceed the following:
(A) The amount authorized by the United
			 States Department of Agriculture and posted on
www.mass.gov
for any household that includes at
			 least one member who is aged 60 or over and/or disabled as described and
			 verified in accordance with
			 106
			 CMR 361.210 (A) and
			 (B).
(B) The amount authorized by the United
			 States Department of Agriculture and posted on
www.mass.gov
for all other households.
The household shall report all assets owned or anticipated to
				be received within the certification period. The equity value of all countable
				assets will be used to determine if the household is within asset eligibility
				limits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.120 - Jointly Owned Assets

Current through Register 1525, July 5, 2024
(A) Assets owned
			 jointly by separate households shall be considered available in their entirety
			 to each household unless the applicant or recipient household can demonstrate
			 that the asset is inaccessible to that household. If the household has access
			 to only a portion of the asset, the value of that portion shall be counted
			 toward the household's asset level. The entire asset shall only be deemed
			 unavailable or inaccessible to the household if the asset cannot practically be
			 subdivided and access to the asset is dependent on the agreement of a joint
			 owner who refuses to comply. For purposes of
			 106
			 CMR 363.120, ineligible noncitizens and
			 disqualified individuals residing with the household shall be considered
			 household members.
(B) Jointly
			 owned assets shall be considered inaccessible to persons residing in shelters
			 for battered women and children, as defined in
			 106
			 CMR 365.550:
Residents of Shelters
			 for Battered Women and Their Children
, if:
(1) the assets are jointly owned with members
			 of their former household; and
(2)
			 access to the asset is dependent on the agreement of members of the former
			 household.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.130 - Countable Assets

Current through Register 1525, July 5, 2024
Countable assets are all those that must be included in
				determining the total value of the household's assets. If an asset is jointly
				owned, the value available to the household shall be determined in accordance
				with 106 CMR 363.120. Assets shall
				be distinguished from income as defined in
				106
				CMR 363.200.
Assets counted in determining financial eligibility include,
				but are not limited to:
(A)
Cash
.
(1)
Definition
. Cash is currency, checks, or bank drafts
			 in the possession of, or available to, the household.
(2)
Verification
.
			 The amount of cash shall be countable at application, recertification, and when
			 a change is reported.
The household's declaration of the amount of cash available
				shall be sufficient verification.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.140 - Noncountable Assets

Current through Register 1525, July 5, 2024
The following assets are not countable when determining the
				total value of assets available to a household.
(A)
Home and Lot
.
			 The home and surrounding property that is not separated from the home by
			 intervening property owned by others is noncountable, including:
(1) Property separated from the home by a
			 public right of way, such as a road.
(2) The home and surrounding property when
			 temporarily unoccupied for reasons of employment, training for employment,
			 illness, vacation, or uninhabitability caused by casualty or natural disaster,
			 provided that the household intends to return.
(3) The value of a lot purchased, or in the
			 process of being purchased, to build a home if the household does not already
			 own a home and, if the new home is partially completed, the value of the
			 partially completed home.
(4)
			 Household belongings such as furniture, appliances, household decorations,
			 linens and cookware; personal belongings such as jewelry, books and toys, even
			 if of more than usual value.
(5)
			 Property to which the household has no ready access, such as property that is
			 the subject of legal proceedings (
e.g
., probate, divorce
			 suits,
etc
.), and irrevocable trust funds that were placed in
			 trust at least 12 month before application for SNAP benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.150 - Transfer of Assets

Current through Register 1525, July 5, 2024
The transfer of asset rules do not apply to categorically
				eligible households as defined in
				106
				CMR 365.180:
Categorically Eligible
				Assistance Units
.
The transfer of asset rules will be applied to any household
				which contains a member disqualified from receiving SNAP benefits. Non-SSI
				elder and/or disabled households with income above the Categorical Eligibility
				Gross Income standards at
				106
				CMR 364.976:
Gross Monthly
				Categorical Eligibility Income Standard
s will also be subject to
				transfer of asset rules.
(A)
Transfers Resulting in Disqualification
. At the time
			 of application, households shall be asked to provide information regarding any
			 assets that a household member has transferred within the three-month period
			 before the date of application. Households that have transferred assets
			 knowingly for the purpose of qualifying for, attempting to qualify for, or to
			 remain eligible for SNAP benefits shall be disqualified from participation in
			 the Program for up to one year from the date of the discovery of the transfer.
			 When action is taken to disqualify a certified household, an advance notice of
			 adverse action and the right to continued benefits pending a hearing decision
			 shall be provided to the household. The notice shall also include the reasons
			 for and length of the disqualification.
(B)
Transfers Not Resulting in
			 Disqualification
. Eligibility for SNAP shall not be affected by a
			 transfer of assets in the following cases:
(1)
			 the asset would not otherwise affect eligibility because the total countable
			 household assets was less than the allowable limits at the time of the
			 transfer;
(2) the assets are sold
			 or traded at or near fair market value;
(3) the assets are transferred between
			 members of the same household; and
(4) the assets are transferred for reasons
			 other than qualifying or attempting to qualify for SNAP benefits, for example,
			 a parent placing funds in an educational trust fund.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.200 - Income

Current through Register 1525, July 5, 2024
All income to the household, from whatever source, that is
				anticipated to be received during the period of certification shall be counted
				when determining a household's eligibility and benefit level except when
				specifically excluded below. Categorically eligible households, in accordance
				with 106 CMR 365.180:
Categorically Eligible Assistance Units
, do not need to meet
				gross or net income eligibility standards.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.220 - Countable Income

Current through Register 1525, July 5, 2024
For SNAP purposes, countable income must be categorized as
				either earned or unearned.
(A)
Earned Income
.
(1)
Wages
. All wages and salaries paid to an employee are
			 counted as earned income.
(2)
Self-employment
. The total gross income from a
			 self-employment enterprise, including the total gain from the sale of any
			 capital goods or equipment related to the business, excluding the cost of doing
			 business, is counted as earned income. Payments from roomers and boarders are
			 classified as earned self-employment income. Income from rental property shall
			 be considered earned self-employment income only if a household member actively
			 engages in the management of the property an average of at least 20 hours per
			 week.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 363.000 - Supplemental Nutrition Assistance Program: Financial Eligibility Standards › Section 363.230 - Excluded Income

Current through Register 1525, July 5, 2024
The following kinds of income will be excluded when determining
				a household's eligibility and benefit level.
(A)
In-kind Income and Cash
			 Contributions
. Any gain or benefit not in the form of money and
			 provided directly to the household is excluded from income. For example, meals,
			 clothing, public housing, or produce from a garden would be excluded from
			 income.
Any cash contributions from a non-legally responsible person
				(
i.e
., someone without a court order or other binding
				agreement) that are restricted for a specific purpose and provide for a portion
				of any rent or mortgage, fuel, utilities and/or food or other needs are
				excluded from income.
(B)
Vendor Payments
. A vendor payment is a money payment
			 that is paid to a third party for a household expense.
A vendor payment is excluded from income whenever a person or
				organization outside the household uses its own funds to make a direct payment
				to a household's creditors or to a person or organization providing a service
				to the household. The following are examples of excluded vendor
				payments:
(1) If a relative or friend
			 who is not a household member pays the household's rent from his or her own
			 funds directly to a landlord;
(2)
			 Rent or mortgage payments made to landlords or mortgagees by the Department of
			 Housing and Urban Development (HUD), or by state or local housing authorities
			 on behalf of a household, including utility allowances paid under such
			 programs;
(3) Payments made under
			 the Emergency Assistance (EA) program;
(4) Payments for household expenses made to a
			 third party and not legally owed to the household. The following are examples
			 of such excluded vendor payments:
(a) If an
			 employer pays an employee's rent directly to the landlord in addition to paying
			 the employee his or her regular wages, the rent payment shall be considered an
			 excluded vendor payment.
If the employer provides housing to an employee, the value of
				the housing shall also be an excluded vendor payment:
(b) Payments specified by a court order or
			 other legally binding agreement to go directly to the third party rather than
			 to the household shall be considered excluded vendor payments; and
(c) Support payments not required by a court
			 order or other legally binding agreement (including payments in excess of an
			 amount specified in a court order or legally binding agreement) that are paid
			 to a third party rather than the household shall be considered excluded vendor
			 payments.
(5) Payments
			 made by a government agency to a child care provider for day care to a
			 household member.
(6) Monies or
			 payments that are not legally owed to the household under a court order or
			 other legally binding agreement can qualify as excluded vendor payments if they
			 are paid to the third party directly.
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 364.050 - Introduction

Current through Register 1525, July 5, 2024
When the Department receives a complete application, including
				all required verification and documentation, the case manager must determine if
				the household is eligible to participate in SNAP.
For eligible households, the benefit level is the monthly
				allotment or amount of SNAP benefits the household is eligible to
				receive.
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 364.100 - Month of Application

Current through Register 1525, July 5, 2024
The month of application is the month in which the household
				applies. Generally, the month of application will be the first month of the
				household's certification period.