reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.820 - Expedited Service Processing Standards

Current through Register 1525, July 5, 2024
(A)
Issuance of Expedited
			 Benefits
. For households determined eligible, expedited SNAP
			 benefits must be issued
via
the EBT System no later than the
			 seventh calendar day after the application filing date.
(B)
Office Interview not Required
			 or Waived
. When an office interview is not required or is waived,
			 the case manager shall conduct a telephone interview by the first working day
			 following the date the application was filed if the household can be reached by
			 telephone. If the household cannot be reached by telephone, the worker shall
			 send a notice to the the household by mail by the first working day following
			 the date the application was filed that the household must contact the office
			 to be interviewed by telephone.
(C)
Unsigned or Incomplete Application
. If a household
			 submits an application that is either unsigned or incomplete and is
			 subsequently interviewed by telephone, the case manager shall complete the
			 application during the interview. The completed application will be mailed to
			 the household on the same day for signature. For these households, the
			 expedited service processing standard begins on the date a completed and signed
			 application is received rather than the date the application was filed.
			 Households unable to appoint an authorized representative and not required to
			 come into the office as part of the certification process shall have their SNAP
			 benefits issued no later than six days after the receipt of the returned signed
			 application. In some cases the case manager may discover a household is
			 entitled to expedited service that the screening process failed to identify.
			 For these households the expedited service processing standard begins on the
			 date the case manager discovers the household is entitled to expedited
			 service.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.830 - Expedited Service Verification Requirements

Current through Register 1525, July 5, 2024
The household's identity is the only eligibility factor that
				must be verified before expedited service is provided. Readily available
				documentary evidence or collateral contact, in accordance with
				106 CMR
				361.640(A):
Documentary Evidence
and (B):
Collateral
				Contact
, may be used. Examples of acceptable documentary evidence
				include, but are not limited to, a driver's license, a work or school
				identification (I.D.) card, a voter registration card, a birth certificate,
				wage stubs or an I.D. for health benefits or for another assistance or social
				services program. Any documents that reasonably establish the applicant's
				identity must be accepted and no requirement for a specific type of document,
				such as a birth certificate, may be imposed.
The Social Security number requirements of
				106 CMR
				362.500:
Social Security
				Numbers
do not have to be met before expedited service is provided.
				These requirements must be met prior to the first full month of participation,
				unless good cause for not meeting these requirements is established in
				accordance with
				106 CMR
				362.500(C):
Determining Good Cause
.
The applicant must register for work if subject to SNAP Work
				Requirements in accordance with
				106 CMR
				362.300:
Work Requirements
unless exempt or unless the household has designated an authorized
				representative to apply on its behalf in accordance with
				106 CMR
				361.300:
Authorized
				Representatives
. Every household member required to meet SNAP Work
				Requirements must register for work before expedited service is provided (this
				requirement shall be waived for disaster SNAP benefits as defined in
				106 CMR
				366.600:
Disaster
				Certification
).
The worker should attempt to obtain as much required
				verification as possible during the interview, but should not delay the
				certification for expedited service until the sixth day if the worker has
				determined it is unlikely that other verification can be obtained within the
				expedited service processing time frame. Identity must always be verified
				before expedited service is provided.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.840 - Determining Eligibility and Benefit Level for Expedited Service Households

Current through Register 1525, July 5, 2024
All income received or reasonably expected to be received in
				the month of application must be considered when determining SNAP eligibility
				and benefit level.
For Destitute (Migrant) Households, income already received
				during the month of application must be considered when determining eligibility
				and benefit level. Income anticipated to be received after the application has
				been made shall be disregarded. If a travel advance has been received during
				the month of application, it shall be disregarded if it is considered a
				reimbursement. If it is considered by written contract as an advance on wages
				to be earned later, the travel advance shall be considered income.
The provisions of
				106 CMR
				364.650:
Prorating Initial Month's
				Benefits
concerning the proration of initial month's benefits shall
				apply to all expedited service households.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.850 - Assigning Certification Periods to Expedited Service Households

Current through Register 1525, July 5, 2024
(A)
Verification Provided Prior to Certification
.
			 Households certified on an expedited basis that have provided all necessary
			 verification prior to certification shall be assigned a certification period in
			 accordance with
			 106 CMR
			 364.700:
Assigning Certification
			 Periods
.
(B)
Verification Postponed
. Households that are certified
			 on an expedited basis but have postponed providing verification shall be
			 certified for the month of application only. They must be informed on the
			 Notice of Eligibility that they will receive no further benefits until the
			 verifications are provided. When these households provide the postponed
			 verification, they shall be provided with their second month's benefits within
			 seven working days from receipt of the verification or on the first day of the
			 cyclical issuance period, whichever is later.
(C)
Destitute Migrant
			 Households
. Destitute (migrant) households who have postponed
			 verification from sources outside the state shall be issued a second month's
			 benefits if verification from sources within the state has been received. The
			 second month's benefits shall be provided within seven working days from
			 receipt of the verification or on the first day of the cyclical issuance
			 period, whichever is later.
Destitute (migrant) households must provide verification from
				sources outside the state before they are issued a third month's benefits. The
				third month's benefits shall be provided within seven working days from receipt
				of the verification or on the first day of the cyclical issuance period,
				whichever is later.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.900 - Households with Income from Self-employment

Current through Register 1525, July 5, 2024
The following sections describe the procedures for handling
				income from self-employment and for determining the eligibility and benefit
				level of households when all or part of their income is from
				self-employment.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.910 - Roomer, Boarder, Rental Income

Current through Register 1525, July 5, 2024
Income from roomers, rental property, and boarders of a
				commercial boarding house is considered self-employment income for Program
				purposes. A household's countable income from these self-employment enterprises
				should be determined in accordance with the instructions in 106 CMR 365.910.
				The income a household receives from a boarder, other than that received by a
				household who owns and operates a commercial boarding house, is also considered
				self-employment income in accordance with the procedures set forth in
				106 CMR
				365.200.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.920 - Work Requirements

Current through Register 1525, July 5, 2024
When all or part of a household's income is from
				self-employment, the household members must comply with SNAP Work Requirements
				in accordance with
				106 CMR
				362.300:
Work Requirements
unless exempt.
(A)
Exemptions
.
(1) The
			 household member shall be exempt from the SNAP Work Requirements if actively
			 engaged in his or her self-employment enterprise at least 30 hours per week, or
			 if not working 30 hours per week, receiving weekly earnings equal to the hourly
			 federal minimum wage multiplied by 30 hours.
(2) If the household member does not meet the
			 criteria in 106 CMR 365.920(A)(1) and is not otherwise exempt under the
			 provisions of
			 106 CMR
			 362.310:
SNAP Employment and Training
			 Program
or 362.320:
SNAP Work Program
, the household
			 member must comply with the Work Requirements.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.930 - Special Income Considerations

Current through Register 1525, July 5, 2024
(A)
Income from Rental Property
.
(1) The cost of doing business is always
			 allowed, regardless of whether the income is classified as earned or
			 unearned.
(2) Income from rental
			 property is considered earned income and entitles the household to the earned
			 income deduction only if a member of the household is actively engaged in the
			 management of the property at least an average of 20 hours per week.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.940 - Allowable Costs of Producing Self-employment Income

Current through Register 1525, July 5, 2024
Allowable costs of producing self-employment income include,
				but are not limited to, the identifiable costs of: labor (wages paid to an
				employee or work contracted out); stock (inventory); raw materials used to make
				a product; seed and fertilizer for farming; payments on the principal of the
				purchase price of the income-producing property and capital assest, equipment,
				machinery and other durable goods; interest paid to purchase income producing
				property; insurance premiums; taxes, assessments, and utilities paid on
				income-producing property; advertisement; licenses and permits; service and
				repair of income-producing property; legal and professional fees; and business
				supplies.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.950 - Expenses not Allowed as a Cost of Producing Self-employment Income

Current through Register 1525, July 5, 2024
Expenses not allowed as a cost of producing self-employment
				income are as follows:
(A) Payments on
			 the purchase price of income producing real estate and capital assets,
			 equipment, machinery and other durable goods. Interest payments are
			 deductible;
(B) Net losses from
			 previous periods of time;
(C)
			 Federal, state and local income taxes, money set aside for retirement purposes,
			 and other work-related personal expenses (such as transportation to and from
			 work). These expenses are accounted for by the 20% earned income deduction;
			 and
(D) Depreciation.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.960 - Averaging Self-employment Income and Assigning Certification Periods

Current through Register 1525, July 5, 2024
(A) Self-employment
			 income that represents a household's annual support shall be averaged over a
			 12-month period, even if the income is received in a shorter period of time
			 during that 12 months. For example, self-employment income received by farmers
			 shall be averaged over a 12-month period if the income is intended to support
			 the farmer on an annual basis. This self-employment income shall be annualized
			 even if the household receives income from other sources in addition to
			 self-employment. However, if the averaged annualized amount does not accurately
			 reflect the household's actual circumstances because the household has
			 experienced a substantial increase or decrease in business, the self-employment
			 income shall be calculated on anticipated earnings. The worker shall not
			 calculate self-employment income on the basis of prior income (documented by
			 income tax returns) when the household has experienced a substantial increase
			 or decrease in business.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.970 - Determining Eligibility and Benefit Level for the Self-employed

Current through Register 1525, July 5, 2024
(A)
Averaged Income
. For the period of time over which
			 self-employment is determined, add all gross self-employment income (including
			 capital gains), exclude the cost of producing the self-employment income, and
			 divide the self-employment income by the number of months over which the income
			 will be averaged.
(B)
Anticipated Income
. For those households whose
			 self-employment income is not averaged but is instead calculated on an
			 anticipated basis, add any capital gains the household anticipates it will
			 receive in the next 12 months, starting with the date the application is filed,
			 and divide this amount by 12. This amount shall be used in successive
			 certification periods during the next 12 months except that a new average
			 monthly amount shall be calculated for this 12 month period if the anticipated
			 amount of capital gains changes. Then add the anticipated monthly amount of
			 capital gains to the anticipated monthly self-employment income, and subtract
			 the cost of producing self-employment income. Except for depreciation, the cost
			 of producing the self-employment income shall be calculated by anticipating the
			 monthly allowable costs of producing the self-employment income. Capital gains
			 is the gain the household makes from the sale of a capital asset, such as real
			 property used to carry out the household's business enterprise, in excess of
			 the value of the property or cost of the property.
(C)
Determining Monthly SNAP
			 Income
. To determine the monthly SNAP income for households with
			 income from self-employment enterprises, the monthly net self-employment income
			 is added to any other earned income, or in the case of unearned rental income
			 to other unearned income, received by the household.
If the cost of producing self-employment income of farmers
				exceeds the income derived from self-employment, such losses shall be offset
				against any other countable income in the household, provided that the farmer
				has received or is anticipating receiving annual gross proceeds of $1000 or
				more from the farming enterprise; and provided that whatever base is used to
				determine any net income from self-employment farm operations, such as the
				previous year's tax return or current income, the same base is used in
				determining any net loss. Losses shall be prorated over the year in a manner
				comparable to that used to prorate farm self-employment
				income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.050 - Introduction

Current through Register 1525, July 5, 2024
When an applicant household is determined eligible to
				participate in the Supplemental Nutrition Assistance Program (SNAP), the
				household is assigned a certification period. The responsibility for ensuring
				the household's continuing eligibility during the certification period lies
				both with the client and the Department. The client must inform the Department
				of any changes in household circumstances that may affect household
				eligibility. The Department must act to ensure that the SNAP household receives
				the benefits to which it is entitled on time and in the right amount. The
				actions are called additional certification functions.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.100 - Changes during the Certification Period

Current through Register 1525, July 5, 2024
When changes that occur within the certification period affect
				a household's eligibility or monthly allotment, action must be taken to adjust
				the household's eligibility or monthly allotment. The worker shall advise
				households of their responsibility to report changes in income and household
				status within the required time period and shall take timely action to adjust
				certification based on these changes. Recipient and Department responsibilities
				are outlined as follows.
When a household's circumstances change and a different
				eligibility standard applies, the worker shall apply the different standard at
				the next recertification or whenever the worker changes the household's
				eligibility, benefit level or certification period, whichever occurs
				first.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.110 - Household Reporting Responsibilities

Current through Register 1525, July 5, 2024
Certified households are required to report certain changes
				within the time frames stated in this section. The changes may be reported
				electronically, in person, by phone, by fax or by mail.
(A)
Change Reporting
			 Requirements
The following rules do not apply to households subject to the
				reporting requirements at 106 CMR 366.110(B), (C), (D) and
				106 CMR
				366.910 below.
(1) The following changes must be reported to
			 the Department within ten days of the date that the household receives the
			 first payment of new income:
(a) A change in
			 the amount of earned income of more than the amount authorized by the United
			 States Department of Agriculture and posted at
www.mass.gov/dta
.
(b) A change in the amount of unearned income
			 of more than the amount authorized by the United States Department of
			 Agriculture and posted at
www.mass.gov/dta
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.115 - Unclear Information

Current through Register 1525, July 5, 2024
During the certification period for all reporting types
				(
see
106 CMR
				366.110(A), (B), and (C)),
				the Department might obtain unclear information about a household's
				circumstances from which the Department cannot readily determine the effect on
				the household's continued eligibility for SNAP or benefit amount. The
				Department may receive such unclear information from a third-party. Unclear
				information is information that is not verified, or information that is
				verified, but additional information is needed in order to correctly adjust the
				SNAP benefit.
The Department must pursue clarification and verification (if
				applicable) of household circumstances if unclear information is received
				during the certification period when:
(A) The information is less than 60 days old
			 relative to the current month of participation and, if accurate, would have
			 been required to be reported based on the household's reporting
			 requirements;
(B) The information
			 appears to present significantly conflicting information from what was used at
			 the time of certification; or
(C)
			 The information is the result of prisoner and/or death data matches.
If the unclear information does not meet the above criteria,
				the Department must not act on the information or require the household to
				provide any further information until the household's Interim Report or
				recertification. In these instances, the Department may follow up with a
				household to provide information on a voluntary basis if that information would
				result in an increase in SNAP benefits but may not take adverse action if the
				household does not respond.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.120 - Department Responsibility to Take Timely Action

Current through Register 1525, July 5, 2024
The Department shall not impose any reporting requirements on
				households except as provided in 106 CMR 366. The Department shall act promptly
				on any reported change to determine if it affects the household's eligibility
				or monthly allotment. Also, during the certification period, the Department
				shall not act on changes in the medical expenses of households eligible for the
				medical expense deduction that it learns of from a source other than the
				household and that to take action on would require the Department to contact
				the household for verification. The Department shall act only on those changes
				in medical expenses reported by the household or that it learns about from a
				source other than the household if those changes are verified upon receipt and
				do not necessitate contact with the household.
Also, the worker must document the reported change in the case
				record listing the date the Change Report Form, if applicable, or other
				notification was received, provide the household another Change Report Form,
				and notify the household of the effect of the change, if any, on its
				benefits.
(A)
Increases in
			 Benefit Level Requiring Expedited Action
. For certain reported
			 changes, the worker must follow expedited issuance procedures to reflect the
			 change in the household's monthly allotment.
(1) When a household reports a change in
			 gross income or allowable deductions which reduces the household's net SNAP
			 income to zero, the worker shall authorize a supplementary SNAP benefits for
			 the month in which the change is reported.
(2) When a household reports the addition of
			 a new household member who is not a certified member of another household, or
			 reports a change in gross monthly income of $50 or more, the worker must make
			 the change effective in the first allotment issued ten days after the date the
			 change was reported. In no event shall the change take effect any later than
			 the month following the month of the reported change. If the change is reported
			 after the 20th of the month and it is too late to
			 adjust the next month's allotment, the worker must authorize a supplementary
			 SNAP benefits to ensure that the household receives the increase in benefits by
			 the tenth day of the following month, or the household's normal issuance date,
			 whichever is later.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.140 - Change Reporting Requirements for PA Households

Current through Register 1525, July 5, 2024
PA households are subject to the same reporting requirements as
				all other SNAP households (in accordance with
				106 CMR
				366.110 ) and shall use the SNAP Change
				Report Form and postage-paid envelope provided by the Department. PA households
				that report a change in circumstances to the PA case manager shall be
				considered to have reported the change for SNAP purposes.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.150 - Department Action on Reported Changes

Current through Register 1525, July 5, 2024
Action shall be taken on all changes reported during a
				household's certification period in accordance with the timeliness standards
				set forth in
				106 CMR
				366.120. Households shall be notified
				whenever their monthly SNAP allotment is changed as a result of changes in
				their public assistance grant or whenever their SNAP certification period is
				shortened to reflect changes in household circumstances (
see
106 CMR
				365.170:
Department Action on
				Reported Changes
).
In cases jointly processed by SSA and the Department
				(
see
106 CMR
				361.190:
Handling Applications for
				Pure SSI Households
) in which the SSI determination results in denial,
				the worker shall send the household a notice of termination if the worker
				believes the household's SNAP eligibility or benefit level may be affected. The
				notice shall advise the household that its certification period will expire in
				the month that follows the month in which the notice is sent and that it must
				reapply if it would like to continue to receive SNAP benefits. The notice shall
				explain that the household's certification period is
				expiring.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.200 - Notice of Adverse Action

Current through Register 1525, July 5, 2024
Before taking action to reduce or terminate a household's
				benefits during the certification period, the worker shall, except as specified
				in
				106 CMR
				366.210, provide the household with advance
				notice of adverse action. The notice of adverse action shall be considered
				timely if it is mailed to the household at least ten days before the effective
				date of the proposed action, except as specified in
				106 CMR
				366.215.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.215 - Exception to Ten-day Advance Notice Requirement

Current through Register 1525, July 5, 2024
A household may be notified that its benefits will be reduced
				or terminated no later than the date the household receives, or would have
				received, its allotment, provided that the following conditions are met:
(A) The household reports the information
			 that results in the reduction or termination;
(B) The reported information is in writing
			 and is signed by the household;
(C)
			 Based solely upon the household's written information, as provided in 106 CMR
			 366.215(B), the Department can determine the household's allotment or
			 ineligibility;
(D) The household
			 retains its right to a fair hearing as specified in
			 106 CMR 367.025
			 through
			 367.485;
(E) The household retains its right to
			 continued benefits by requesting a fair hearing within the time period provided
			 by the notice of adverse action in accordance with
			 106 CMR
			 366.220; and
(F) The Department continues the household's
			 previous benefit level, if required, within five working days of the
			 household's request for a fair hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.220 - Continuation of Benefits Pending the Fair Hearing Decision

Current through Register 1525, July 5, 2024
If, within the advance notice period, a household requests a
				fair hearing and does not waive continuation of benefits, the household's
				participation in the program shall be continued at the level authorized
				immediately prior to the Notice of Adverse Action. Benefits will continue until
				the Fair Hearing Decision is issued or the certification period expires,
				whichever occurs first. If a hearing request is not made within the advance
				period, the benefits shall be reduced or terminated as proposed. However, if
				the household establishes that its failure to make the request within the
				advance notice period was for good cause, the Department shall reinstate
				benefits to the prior level.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.300 - Recertification

Current through Register 1525, July 5, 2024
A household's SNAP benefits shall not continue beyond the
				certification period, unless the household has been recertified. To recertify,
				the household must submit a new application, be interviewed, and provide
				required verification in accordance with the timeliness standards set forth in
				106 CMR
				366.320. Those households that timely
				recertify and are found eligible shall be entitled to uninterrupted
				benefits.
The following sections list the responsibilities of the
				household and the Department in the recertification process.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.310 - Notification to Recertify

Current through Register 1525, July 5, 2024
Households certified for one or two months shall receive, at
				the time of certification, a separate notice of recertification
				responsibilities entitled Notice of Expiration. Those households certified for
				three months or more (except public assistance households) shall receive a
				separate Notice of Expiration in the month prior to the last month of their
				certification period. This notice will be mailed by the Department 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. The contents of the
				notice are set forth in
				106 CMR
				364.840:
Notice of SNAP
				Termination
.
Public assistance households shall receive a notice of
				recertification responsibilities prior to the end of the SNAP certification
				period. In some instances, these households are recertified for SNAP at the
				same time as their public assistance redetermination.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.330 - Department Responsibilities

Current through Register 1525, July 5, 2024
When a household makes a timely application for recertification
				and fulfills its recertification responsibilities, the Department must certify
				or deny the application and send the household a notice of the eligibility
				determination by the end of the current certification period.
(A)
Scheduling
			 Interviews
. The Department shall schedule a recertification
			 interview in accordance with
			 106 CMR
			 366.320(B).
(B)
Time Standards for Providing
			 Benefits to Eligible Households
. Households that timely reapplied
			 after having been given a Notice of Expiration at the time of certification
			 shall be notified of their eligibility or ineligibility and provided an
			 opportunity to participate (if eligible) no later than 30 days after the
			 household was last issued a SNAP allotment. All other households that timely
			 recertify shall be provided with an opportunity to participate by their normal
			 issuance date in the month following receipt of the application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.340 - Failure to Recertify in a Timely Fashion

Current through Register 1525, July 5, 2024
Any application for recertification not submitted in a timely
				fashion shall be treated as an application for initial certification. Also, a
				household that fails to submit a timely application, or keep an interview
				scheduled after a timely application was submitted, or provide required
				verification by the last day of its current certification period shall lose its
				right to uninterrupted benefits.
If a household submits an application for certification prior
				to the expiration of its certification period, or within 15 days of the notice
				of termination in accordance with
				106 CMR
				366.320, and is found eligible for the month
				following the end of the certification period, the benefits for that month
				shall not be prorated.
Households that file a timely application, but refuse to
				complete the recertification process, shall have their applications
				denied.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.500 - Restoration of Lost Benefits

Current through Register 1525, July 5, 2024
If a household is found to be entitled to restoration of lost
				benefits, the amount due shall be restored to the household even if the
				household is currently ineligible.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.510 - Entitlement for Benefits Including Underpayments

Current through Register 1525, July 5, 2024
A household is entitled to lost benefits only for those months
				the household was eligible to participate. In cases where there is no
				information in the household's case record to document that the household was
				actually eligible, the Department shall advise the household of what
				information must be provided to determine eligibility for these months. For
				each month that the household cannot provide the necessary information to
				demonstrate its eligibility, the household shall be considered ineligible for
				restoration of lost benefits. The Department shall restore to the household
				benefits that were lost because of:
(A) an agency error, such as an incorrect
			 allotment, an incorrect denial or termination of benefits, agency delay in
			 acting on a reported change, or failure to provide benefits for the month
			 following the expiration of the certification period for households properly
			 fulfilling the recertification process;
(B) a fraud disqualification penalty of a
			 household member that is later reversed; and
(C) an error by the Department or by SSA
			 through joint application processing. Such an error shall include, but is not
			 limited to, the loss of an applicant's SNAP application after it has been filed
			 with SSA.
Households are also entitled to lost benefits if a Department
				policy specifically provides for restoration of lost benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.520 - Computing the Amount to be Restored

Current through Register 1525, July 5, 2024
(A)
Months of Restoration
. Except when benefits are
			 restored as the result of the reversal of a fraud disqualification penalty,
			 benefits shall be restored for not more than 12 months prior to whichever of
			 the following occurred first:
(1) the month
			 the household or another person or agency notified the Department verbally or
			 in writing of the possible loss of benefits;
(2) the month the Department discovered that
			 a loss has occurred; or
(3) the
			 date the household requested a fair hearing to contest the adverse action that
			 resulted in the loss.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.530 - Notification of Restoration of Lost Benefits

Current through Register 1525, July 5, 2024
When it is determined that a loss of benefits occurred, the
				Department shall automatically take action to restore those benefits to the
				household. No action by the household is necessary. The household shall be
				notified of its entitlement, the amount of benefits to be restored, any
				offsetting that was done, the method of restoration and the right to appeal
				through the fair hearing process if the household disagrees with any aspect of
				the proposed lost benefit restoration.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.540 - Disputed Benefits

Current through Register 1525, July 5, 2024
A household may request a fair hearing within 90 days of the
				date it is notified of the Department's decision regarding lost
				benefits.
(A) When a household does
			 not agree with the amount to be restored or any other action taken by the
			 Department to restore lost benefits and requests a fair hearing prior to or
			 during the time lost benefits are being restored, the household shall receive
			 the lost benefits in the amount determined by the Department, pending the
			 results of the fair hearing. If the fair hearing decision is favorable to the
			 household, the Department shall restore the lost benefits according to that
			 decision.
(B) If a household
			 believes it is entitled to restoration of lost benefits, but the Department,
			 after reviewing the case file, disagrees and informs the household in writing,
			 the household has 90 days from the date of the determination to request a fair
			 hearing. If the household requests a fair hearing and the fair hearing decision
			 is favorable to the household, the Department shall restore the benefits lost
			 up to 12 months prior to the date the Department was initially informed of the
			 household's possible entitlement to lost benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.550 - Offsetting Claims

Current through Register 1525, July 5, 2024
If a claim against a household is unpaid, held in suspense or
				terminated, the amount to be restored shall be offset against the amount due on
				the claim before the balance is restored to the household. Offsetting shall not
				occur when a household is certified and receiving an initial allotment, even if
				the initial allotment is issued retroactively.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.560 - Individuals Disqualified for an Intentional Program Violation

Current through Register 1525, July 5, 2024
Individuals disqualified for an intentional program violation
				are entitled to restoration of any benefits lost during the months they were
				disqualified only if the decision to disqualify is subsequently reversed. For
				each month the individual was disqualified, the amount to be restored, if any,
				shall be determined by comparing the allotment the household received with the
				allotment the household would have received had the disqualified member been
				allowed to participate. Benefits shall be restored regardless of the length of
				time that has elapsed since the household member was
				disqualified.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.570 - Method of Restoration

Current through Register 1525, July 5, 2024
Regardless of current eligibility, the Department shall restore
				lost benefits to a household by issuing an allotment equal to the amount of
				benefits that were lost. For currently eligible households, the lost benefits
				shall be issued in a lump sum separate from the household's current monthly
				allotment. The Department shall honor reasonable requests that the benefits be
				restored in monthly installments.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.580 - Changes in Household Composition

Current through Register 1525, July 5, 2024
Whenever lost benefits are due because a household and the
				household's membership has changed, the Department shall restore the lost
				benefits to the household containing a majority of the individuals who were
				household members at the time the loss occurred. If the Department cannot
				locate or determine the household that contains a majority of household
				members, it shall restore the lost benefits to the household containing the
				head of the household at the time the loss occurred.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.600 - Disaster Certification

Current through Register 1525, July 5, 2024
After a disaster, the Food and Nutrtion Service (FNS) of the
				U.S. Department of Agriculture may specify a disaster area and the time period
				for which disaster SNAP benefits for eligible households may be given. The
				provisions of 106 CMR 366.600 cannot be used without the specific authorization
				of FNS following a declaration by the President of a major disaster and other
				disaster periods declared by FNS.
The authority for the issuance of disaster SNAP benefits is
				granted in the Disaster Relief Act of 1974 and the Food Stamp Act and its
				amendments.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.610 - Commonwealth of Massachusetts Disaster SNAP Plan

Current through Register 1525, July 5, 2024
The Commonwealth of Massachusetts Disaster SNAP Plan is
				specifically designed to provide immediate relief to people in need of food
				assistance because of a disaster. Eligibility will be based on information from
				an application form prescribed by the Department. No additional data will be
				required to determine eligibility, but the statements of the applicant may be
				subject to review and verification by Quality Control. Households certified
				under the disaster eligibility standards shall be provided disaster SNAP
				benefits for the maximum allotment for the household size.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.620 - Eligibility and Certification

Current through Register 1525, July 5, 2024
Due to emergency conditions, it is possible that more than one
				family will occupy a dwelling. Therefore, applicant groups or individuals
				sharing living quarters may be certified as separate households. The following
				eligibility requirements must be met for certification of households under the
				provisions of the Commonwealth of Massachusetts Disaster SNAP Plan. No other
				eligibility requirements will be imposed.
(A)
Eligibility
			 Requirements
.
(1) The household
			 will be eligible for the Commonwealth of Massachusetts Disaster SNAP Plan
			 benefits only once during the time period authorized by FNS. If a new period is
			 authorized by FNS, the household must reapply. No disaster SNAP benefits shall
			 be authorized or issued after the expiration of the authorized period.
(a) Ongoing households in the Supplemental
			 Nutrition Assistance Program, even when the household received its SNAP
			 benefits during the month in which the disaster occurs, shall not be precluded
			 a second issuance in accordance with these procedures. A second issuance shall
			 be made if it appears that due to the disaster the household is unable to make
			 the previously authorized purchase or has lost stocks of food acquired through
			 the use of its benefits and meets all other eligibility requirements.
(b) Applicants shall have their application
			 for benefits processed in accordance with 106 CMR 366.620(A)(1)(b)1. through
			 5.:
1. Identity is the only required
			 verification;
2. Household income,
			 anticipated or received during the benefit period as well as all accessible
			 liquid assets, less a deduction for disaster-related expenses, shall not exceed
			 the disaster gross income limits. The formula for determining the disaster
			 gross income limits is as follows:
the maximum net monthly income limit for the
							 appropriate household size (
See
106
							 CMR 364.975:
Standards for Special
							 Circumstances Involving an Elderly and Disabled
							 Individual
)
+
the current standard deduction (
See
106 CMR
							 364.400:
Determining
							 Deductions
)
+
the current shelter deduction (
See
106 CMR
							 364.400:
Determining
							 Deductions
)
3. All
			 other verifications as specified in
			 106 CMR
			 361.610:
Verification Requirements at
			 Initial Certification
must be provided if available.
4. The household resides either temporarily
			 or permanently within the geographical limits of the disaster area as specified
			 by FNS.
5. The household is in need
			 of SNAP assistance because of a reduction in or inaccessibility of income or
			 cash.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.900 - SNAP Applications Originating at the Social Security Administration

Current through Register 1525, July 5, 2024
To facilitate the application process for SSI
				applicants/recipients, the United States Department of Agriculture granted
				waivers to certain standard policy items. The revised policy items, resulting
				from these waivers, apply only to one-person SNAP households who receive SSI
				benefits and differ depending on whether the household is a Commonwealth of
				Massachusetts Combined Application Project (Bay State CAP) household or a
				regular SNAP household. The waivers apply only to the policy items addressed in
				106 CMR
				366.910 and
				366.920.