reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.193 - EAEDC Vocational Factors

Current through Register 1525, July 5, 2024
(A)
Basic Work Activity
.
(1) If the Department's agent determines that
			 an applicant or client does not have an impairment or combination of
			 impairments that either meets or is equivalent to a medical standard specified
			 in
			 106 CMR
			 703.192, or an impairment that is included in
			 the SSI Listing of Impairments as specified in
			 106 CMR
			 703.191(A)(1)(b), the agent
			 shall determine if the applicant or client has an anatomical, physiological, or
			 psychological (or combination thereof) impairment(s) that:
(a) is documented by medically acceptable
			 clinical and/or laboratory diagnostic techniques;
(b) is expected to last for at least 30 days;
			 and
(c) has more than a nominal
			 effect on the applicant's or client's physical and/or mental capacity to
			 perform on a sustained basis one or more basic work activities.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.200 - TAFDC Dependent Child

Current through Register 1525, July 5, 2024
The primary nonfinancial TAFDC requirement is the presence of a
				dependent child. A dependent child is a child who is younger than 18 years old.
				A child who is a full-time student in grade 12 or below, or in a vocational or
				technical training program of the equivalent level designed to lead to gainful
				employment who is expected to graduate or complete the course of study or
				training before his or her 19th birthday, is also
				considered a dependent child.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.210 - TAFDC Dependent Child: Pregnancy

Current through Register 1525, July 5, 2024
(A)
Requirements
. Assistance may be provided for an
			 otherwise eligible pregnant woman:
(1) when
			 verified that the child is expected to be born within 120 days of the date of
			 application, or, if the pregnant woman is a teen parent (
see
106 CMR
			 701.600:
Definition of
			 Terms
), at any time during her pregnancy if she is meeting the school
			 attendance requirements found in
			 106 CMR
			 703.181; and
(2) if such child had been born and was
			 living with her, the child would meet the nonfinancial and financial TAFDC
			 requirements.
See
106
				CMR 704.235(C):
Income Deemed to a Pregnant Woman
for the determination of
				financial eligibility for pregnant women.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.220 - TAFDC Dependent Child: Younger than 18 Years Old

Current through Register 1525, July 5, 2024
(A)
Requirements
.
			 Except as defined in
			 106 CMR 703.170,
			 school attendance is not required for a child younger than 18 years old for
			 TAFDC eligibility. A child between 16 and 18 years of age who is not attending
			 school, however, must be participating in the ESP program.
(B)
Verification
.
(1) Age must be verified. Age is verified by
			 a birth or baptismal certificate. If the applicant or client does not have and
			 cannot obtain a birth or baptismal certificate, age is verified by:
(a) Family Bible or genealogical
			 records;
(b) Passport;
(c) Hospital birth record or Notification of
			 Birth Form (NOB-1) signed by an appropriate hospital official;
(d) United States Census records;
(e) Social Security benefit
			 records;
(f) Immigration and
			 Naturalization records;
(g) Court
			 records (
e.g
., adoption, separate support, adjudication of
			 paternity); or
(h) An affidavit of
			 a third person, if the applicant or client has demonstrated that he or she has
			 tried to obtain the appropriate documents listed in 106 CMR 703.220(B)(1)(a)
			 through (g).
See
106 CMR
			 702.340(B).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.230 - TAFDC Dependent Child: 18 Years of Age

Current through Register 1525, July 5, 2024
(A)
Requirements
. To remain eligible as a dependent, a
			 child who has reached his or her 18th birthday
			 shall:
(1) Be a full-time student in grade 12
			 or below in a school not beyond the secondary level or in a full-time
			 vocational or technical training program of the equivalent level designed to
			 lead to gainful employment; and
(2)
			 Be reasonably expected to graduate or complete the course of studies or
			 training before reaching his or her 19th birthday.
Eligibility shall continue through the end of the month in
				which the student graduates, up to his or her 19th
				birthday.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.300 - TAFDC Relationship and Living Arrangement

Current through Register 1525, July 5, 2024
To be eligible, the dependent child must live with a relative
				responsible for his or her day-today care in a place of residence maintained as
				a home.
Assistance may not be denied either because of the conditions
				of the residence or because the residence is considered unsuitable.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.310 - TAFDC Relationship

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) The
			 grantee must be related to the dependent child in one of the following ways:
(a) A blood relative, including a mother,
			 father, sister, brother, niece, nephew, aunt, uncle, first cousin, first cousin
			 once removed (second or third cousins are not included under this definition),
			 or any of these relatives of the preceding generation as denoted by prefixes of
			 grand, great, great-great, or great-great-great-grandparents; blood relatives
			 include those of half-blood;
(b) A
			 stepfather, stepmother, stepbrother, or stepsister;
(c) A parent by legal adoption or any of the
			 adopting parent's blood relatives as defined above, natural children, or
			 adopted children; or
(d) A spouse
			 of any person named in 106 CMR 703.310(A)(1)(a) through (c), even if the
			 marriage has been terminated by death or divorce.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.320 - TAFDC Establishment of Paternity

Current through Register 1525, July 5, 2024
(A)
Requirements
.
			 Paternity is established for purposes of TAFDC eligibility when the alleged
			 father of a child:
(1) Is legally married to
			 the mother (or was legally married to her at the time of the conception or
			 birth of the child);
(2) Has
			 entered into a common-law marriage with the mother in a state or county in
			 which the common-law marriage is valid;
(3) Has been found to be the father by a
			 court;
(4) Has completed a legally
			 binding agreement acknowledging paternity and his obligation to support the
			 child and the agreement has been signed by both the father and the mother;
			 or
(5) Has completed a voluntary
			 acknowledgment of paternity with the Department of Revenue (DOR) Child Support
			 Enforcement Division (CSED).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.330 - TAFDC Living Arrangement

Current through Register 1525, July 5, 2024
(A)
Requirements
. A dependent child must be living with
			 his or her relative (
see
106 CMR
			 703.310) in a place of residence maintained
			 by such relative as a home. This requirement is met if:
(1) The child is physically present in the
			 home and the grantee exercises responsibility for the day-to-day care and
			 control of the child, even if the child is under the jurisdiction of a court
			 (for example, receiving probation services or protective supervision) or if
			 legal custody of the child is held by a public or private agency;
(2) The child spends time with a second
			 parent as a result of a shared custody agreement. Only one of the child's
			 natural or adoptive parents may be the eligible grantee for that child at any
			 one time;
(3) The child is
			 temporarily absent from the home except as specified in 106 CMR 703.330(A)(5);
			 and
(a) the temporary absence of the child is
			 not expected to last more than 120 consecutive days; or
(b) the temporary absence meets a good cause
			 exception specified in 106 CMR 703.330(A)(6).
Temporary absences for a child include attendance at
				educational institutions or specialized schools, hospitalization, employment,
				visits, a voluntary placement with the Department of Children and Families and
				similar temporary situations; or
(4) The grantee is temporarily absent from
			 the home and the absence:
(a) is not expected
			 to last more than 120 consecutive days; or
(b) meets a good cause exception specified in
			 106 CMR 703.330(A)(6).
Temporary absences for a grantee include hospitalization,
				employment, visits and similar short-term situations.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.340 - Residence

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) An
			 applicant or client must meet one of two residency requirements:
(a) the child and the relative are living in
			 Massachusetts, with the intention of making their home in Massachusetts, but
			 are not required to keep a permanent residence or fixed address; or
(b) the child and relative are living in
			 Massachusetts temporarily, are not receiving assistance from another state, and
			 the reason for entering Massachusetts was to fulfill a job commitment or look
			 for a job.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.350 - Disqualifying Absences

Current through Register 1525, July 5, 2024
An applicant or client is not eligible while:
(A) a patient in a mental
			 institution;
(B) an inmate of a
			 penal or other public institution;
(C) absent from the United States and such
			 absence is not temporary as specified in
			 106 CMR
			 703.360; or
(D) permanently residing outside of
			 Massachusetts.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.360 - Temporary Absence

Current through Register 1525, July 5, 2024
(A)
Requirements
. Temporary absences from Massachusetts,
			 with returns to Massachusetts, or intent to return when the purpose of the
			 absence may have been accomplished, do not interrupt continuity of residence.
			 Temporary absences include reasons such as health, business, school, or family
			 commitments.
An absence of more than 30 calendar days or 90 days in
				aggregate over the course of a calendar year shall creates a rebuttable
				presumption that Massachusetts residency has been abandoned and eligibility for
				assistance has ended. The client may disprove this presumption as
				follows:
(1) Notifying the Department
			 before the start of the absence, or during the first 30 calendar days of the
			 absence, that it will be more than 30 calendar days. In addition, verification
			 of intent to retain residency must also be provided. Evidence to prove intent
			 to retain residency may include any of the documents listed in
			 106 CMR
			 706.400(C)(1)(b);
			 or
(2) A Fair Hearing officer finds
			 that there was a need for the absence to last more than 30 consecutive calendar
			 days or 90 days in aggregate over the course of a calendar year and that
			 Massachusetts residency has not been abandoned.
If a client is unable to appear at the Fair Hearing for medical
				reasons, he or she must provide a signed and dated statement from a competent
				medical authority (
see
106 CMR
				701.600:
Definition of
				Terms
) verifying the client cannot, for medical reasons, return to
				Massachusetts. The client must also provide written testimony verifying the
				need for the absence to exceed 30 consecutive calendar days or 90 days in
				aggregate over the course of a calendar year and of his or her intent to retain
				Massachusetts residency.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.400 - Citizens, Noncitizens, and Canadian-born Indians

Current through Register 1525, July 5, 2024
To be eligible for assistance, the applicant or client must
				be:
(A) A citizen of the U.S., defined
			 as an individual born in one of the United States, District of Columbia,
			 Commonwealth of Puerto Rico, Virgin Islands, or Guam; or otherwise meets the
			 citizenship requirements as specified in
			 106 CMR
			 703.410;
(B) A noncitizen who meets one of the
			 requirements of
			 106 CMR
			 703.430 for TAFDC and
			 106 CMR
			 703.440 for EAEDC; or
(C)
An American Indian Born in
			 Canada
. A statement must be signed under penalty of perjury that
			 the information contained in the of the citizenship status of each member in
			 the assistance unit is true. Failure to comply will result in an individual's
			 ineligibility (
see
106 CMR
			 704.315:
Failure to
			 Cooperate
).
When a grantee is ineligible for assistance because of his or
				her noncitizen status, he or she must be excluded from the assistance unit but
				may be an ineligible grantee for dependent children who do meet eligibility
				requirements. If an ineligible grantee has a legal obligation to support his or
				her child, he or she is subject to other TAFDC provisions including, but not
				limited to, work requirements as specified in
				106 CMR
				703.150, if applicable.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.410 - Citizens

Current through Register 1525, July 5, 2024
(A)
Persons Born in the U.S., District of Columbia, Commonwealth of
			 Puerto Rico, Virgin Islands or Guam
. For TAFDC, Citizenship must
			 be verified when the information on the application is questionable. If
			 verification is necessary, citizenship is verified by the sources listed in
			 106 CMR
			 703.220 that indicate place of birth or
			 citizenship.
For EAEDC, citizenship is verified by a source that indicates
				the place of birth or one of the verifications specified for age in 106 CMR
				320.500 that is a public governmental record and indicates citizenship or place
				of birth.
(B)
Persons Born outside the U.S., District of Columbia, Commonwealth
			 of Puerto Rico, Virgin Islands or Guam
. Citizenship is verified by
			 one of the following:
(1) U.S.
			 passport;
(2) Naturalization
			 certificate or citizenship certificate;
(3) Military service papers that show
			 citizenship;
(4) U.S. Citizen
			 Identity Card (Form I-179);
(5)
			 U.S. Citizen Resident's Card (Form I-197);
(6) Proof that at least one natural or
			 adoptive parent was:
(a) a U.S. citizen at the
			 time of the person's birth; and
(b)
			 that the parent had resided in the U.S. before the birth of this
			 person;
(7) Proof that:
(a) both parents became naturalized citizens
			 before this person 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, this person:
1. was residing in the U.S. with lawful
			 admission for permanent resident status or
2. began to reside permanently in the U.S.
			 while younger than 18 years old;
(8) 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.
(9) Proof
			 that, at the time of this person's birth, one parent was a U.S. citizen
			 residing in the U.S. for more than five years, two years of which were after
			 the parent was 14 years of age.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.420 - American Indians Born in Canada

Current through Register 1525, July 5, 2024
(A)
Requirements
. A person with at least 50% Indian blood
			 who was born in Canada and who has maintained residence in the U.S. since his
			 or her entry must be regarded as having been lawfully admitted for permanent
			 residence.
(B)
Verifications
. Canadian-born Indian status shall be
			 verified by:
(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 (such
			 as a Union of Nova Scotia Indians card); or (4) an affidavit from a tribal
			 official or other person knowledgeable about the applicant's or client's family
			 ancestry.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.440 - EAEDC Noncitizen Status

Current through Register 1525, July 5, 2024
A noncitizen must verify that he or she is present in the U.S.
				under one of the eligible noncitizen statuses as described below. The status of
				a noncitizen must be verified at application, at eligibility reviews or
				whenever the status of the noncitizen changes or is questionable. A noncitizen
				unwilling or unable to provide acceptable verification of an eligible
				noncitizen status shall be ineligible for EAEDC.
(A)
Eligible EAEDC Noncitizen
			 Status
. [Note: 106 CMR 703.440 was formerly found at 106 CMR
			 320.620(A):
Eliigible Noncitizen Status
] A noncitizen's
			 eligibility for EAEDC depends on the section of the Immigration and Nationality
			 Act (INA) under which the noncitizen is present in the U.S., and meeting
			 additional noncitizen requirements. Eligible noncitizen statuses for EAEDC are:
(1) A noncitizen who meets the criteria for
			 an eligible noncitizen under TAFDC regulations at
			 106 CMR 703.430(A)(1), (3)
			 through (5) and (8) through (11).
(2) A noncitizen present in the U.S.
			 regardless of the date of entry into said status as:
(a) a legal permanent resident;
(b) a conditional entrant under the INA,
			 section 203(a)(7) as in effect prior to April 1, 1980;
(c) a parolee present under the INA, section
			 212(d)(5).
(3) A
			 noncitizen permanently residing in the U.S. under color of law (PRUCOL). A
			 noncitizen is considered PRUCOL when the individual is known to the U.S.
			 Citizenship and Immigration Services (USCIS) and there is no evidence that the
			 USCIS is engaged in deportation proceedings against the noncitizen.
PRUCOL includes, but is not limited to, noncitizens:
(a) with a pending application for asylum or
			 adjustment of status or a pending relative petition;
(b) with either an approved or pending
			 application for temporary protected status, or suspension or stay of
			 deportation removal;
(c) who
			 qualify based on their continuous presence in the U.S. prior to January 1,
			 1972;
(d) who are granted voluntary
			 departure;
(e) who are living under
			 orders of supervision;
(f) who are
			 granted deferred action status or a "U" visa; and
(g) who have either an approved or pending
			 petition for status or relief which noncitizens are eligible for under the
			 provisions and benefits of the INA, Presidential Order and/or discretion of
			 federal Departments.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.450 - EAEDC Decision of Noncitizen to Apply for Assistance

Current through Register 1525, July 5, 2024
A noncitizen must be informed that receipt of public assistance
				may result in an adverse decision by USCIS should the person apply for a change
				in immigration status. It is important that an individual fully understand the
				implications of his or her immigration status before deciding whether or not to
				apply for, or to receive, public assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.460 - EAEDC Disclosure of Information to USCIS

Current through Register 1525, July 5, 2024
The worker is prohibited from disclosing information regarding
				persons on EAEDC without their consent. The noncitizen may request information
				from his or her own record and make a voluntary disclosure to
				USCIS.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.500 - TAFDC Cooperation with Child Support Requirements

Current through Register 1525, July 5, 2024
Requirements
.
(A) A grantee, or a teen parent who is not
			 the grantee, must:
(1) assign to the
			 Department of Transitional Assistance (DTA) any rights that he or she may have
			 to child or spousal support or child support for a dependent child from any
			 other person in accordance with
			 106 CMR
			 703.510;
(2) cooperate and continue to cooperate with
			 DTA, and the Child Support Enforcement Division of the Department of Revenue
			 (DOR) to:
(a) make reasonable efforts to
			 furnish identifying information about any noncustodial parent;
(b) establish parentage;
(c) establish, modify or enforce a child
			 support order for each dependent child; and
(d) pay to DOR any child and spousal support
			 payments received from any noncustodial parent after an assignment has been
			 made; and
(3) identify
			 and provide information that would help DTA pursue any third-party liability
			 for medical expenses.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.510 - TAFDC Assignment of Right to Support

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) The
			 grantee, or a teen parent who is not the grantee, must assign to DTA any rights
			 of spousal and child support and medical insurance benefits that he or she may
			 have for a dependent child, that accrue during the period that assistance is
			 received. The assignment of support rights applies to any rights:
(a) on the grantee's own behalf, unless he or
			 she is an ineligible grantee;
(b)
			 on behalf of the teen parent who is not the grantee; and
(c) on behalf of any family member for whom
			 the grantee is applying or receiving assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.520 - TAFDC Establishment of Good Cause

Current through Register 1525, July 5, 2024
The grantee, or a teen parent who is not the grantee, may claim
				good cause for noncooperation with the Child Support requirements at any time.
				At application, the good cause claim must be investigated before the case is
				referred to the Child Support Enforcement Division of DOR. When the grantee, or
				a teen parent who is not the grantee, informs DTA or DOR of facts that may
				indicate good cause and wants to claim good cause after the case was referred
				to DOR, all child support enforcement efforts will cease until DTA determines
				good cause.
(A) It is the grantee's,
			 or the teen parent's, responsibility to:
(1)
			 state why good cause is claimed; and
(2) provide evidence substantiating the good
			 cause claim.
The burden of producing evidence to establish good cause is on
				the grantee, or the teen parent; however, the worker may be asked for help in
				obtaining evidence.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.521 - TAFDC Grounds for Good Cause

Current through Register 1525, July 5, 2024
Good cause is present if:
(A) The child was conceived as a result of
			 incest or rape;
(B) Legal
			 proceedings for the adoption of the child are pending before a court;
(C) The grantee, or a teen parent who is not
			 the grantee, is currently being assisted by a public or licensed private social
			 agency to determine whether adoption is appropriate, and the assistance has not
			 exceeded three months; or
(D)
			 Cooperation would result in serious harm or emotional impairment to the child
			 or the relative with whom the child resides.
(E)
Verification of Good
			 Cause
.
(1) A claim of good cause
			 must be verified by one of the following:
(a)
			 birth certificate or medical or law enforcement records that indicate that a
			 child was conceived as the result of incest or rape. Acceptable medical records
			 shall include records reflecting the judgment of disinterested third parties
			 including, but not limited to, counselors, therapists, or any other medical or
			 psychological health professional that conception is the result of
			 rape;
(b) court documents or other
			 records showing adoption proceedings are pending before a court;
(c) court, medical, criminal, child
			 protective services, social service, psychological, or law enforcement records
			 that indicate the putative or noncustodial parent might inflict physical or
			 emotional harm on the child or relative;
(d) medical records regarding the emotional
			 health history and present emotional health status of the relative of the child
			 or the child for whom support would be sought, that indicate emotional harm
			 would result from cooperation, or written statements from a mental health
			 professional indicating such harm; or
(e) a written statement from a public or
			 licensed private social agency that the grantee, or a teen parent who is not
			 the grantee, is being assisted by the agency to resolve the issue of whether to
			 keep the child or pursue adoption.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.522 - TAFDC Circumstances under Which Cooperation May Be Against the Best Interests of the Child

Current through Register 1525, July 5, 2024
(A)
Requirements
. Cooperation in establishing paternity
			 and securing support is only against the best interests of the child if
			 cooperation of the grantee, or a teen parent who is not the grantee, is
			 reasonably anticipated to result in:
(1)
			 physical harm of a serious nature to the child for whom support is sought, or
			 to the relative with whom the child is living which would reduce his or her
			 capacity to care for the child adequately; or
(2) an emotional impairment that
			 substantially affects the functioning of the child for whom support is sought,
			 or of the relative with whom the child is living, and which would reduce his or
			 her capacity to care for the child adequately.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.523 - TAFDC Final Determination of Good Cause

Current through Register 1525, July 5, 2024
(A)
Requirements
.
			 After considering the evidence provided by the grantee, or teen parent who is
			 not the grantee, the worker must determine:
(1) whether or not the grantee, or teen
			 parent, has good cause for not cooperating with the child support requirements;
			 and
(2) whether or not DOR can
			 proceed without risk or harm to the child or the grantee, or teen parent, since
			 the DOR activities do not involve their participation.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.524 - TAFDC Assistance Pending Determination of Good Cause

Current through Register 1525, July 5, 2024
Assistance will not be denied or discontinued, pending a
				determination of good cause, if the grantee, or a teen parent who is not the
				grantee, has provided evidence of at least one of the circumstances listed in
				106 CMR
				703.521 or
				106
				CMR 703.522, or made a credible claim that
				indicates futher investigation is necessary to determine the existence of such
				good cause.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.525 - TAFDC Result of Sanction for Failure to Cooperate without Good Cause

Current through Register 1525, July 5, 2024
(A) When a grantee,
			 or a teen parent, is sanctioned for failure to cooperate with DOR without good
			 cause, the grantee shall receive a notice informing him or her of:
(1) the changes in the assistance grant
			 amount;
(2) the reasons for the
			 decision;
(3) the obligation to
			 cooperate; and
(4) the right to
			 appeal this decision with DTA.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.526 - TAFDC Periodic Review of Good Cause for Child Support Cooperation

Current through Register 1525, July 5, 2024
The worker must review all good cause cases, except for those
				based on rape, incest, or emotional harm, at each eligibility review or
				whenever information is obtained that indicates a need to reconsider
				eligibility. Reverification of good cause shall not be required unless
				information is received that indicates a need to reconsider eligibility for
				good cause. If the worker determines that circumstances have changed and that
				good cause no longer exists, or if the grantee or teen parent who is not the
				grantee wishes to cooperate, the worker must remove the good cause and proceed
				to enforce the requirement.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.530 - TAFDC Department of Revenue (DOR) Activities

Current through Register 1525, July 5, 2024
It is the responsibility of DOR to try to locate absent parents
				and obtain current support obligations and arrearages from parents who are
				delinquent in meeting such obligations.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.540 - TAFDC Cooperation in Obtaining Third-party Liability Coverage for Medical Services

Current through Register 1525, July 5, 2024
To be eligible, each grantee or teen parent who is not a
				grantee must cooperate with the Department in identifying and providing
				information that would help the Department pursue third-party liability for
				medical services unless he or she has good cause for not cooperating. The
				grounds for good cause for not cooperating are the same as those for Child
				Support (
see
106 CMR
				703.521) .
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.550 - TAFDC Family Abandonment Penalty

Current through Register 1525, July 5, 2024
A parent who leaves his or her family for the purpose of
				qualifying the family for assistance under any of the programs administered by
				DTA shall be punished by a fine of an amount established by law or imprisonment
				for not more than three months.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.600 - EAEDC Elderly - 65 Years of Age or Older

Current through Register 1525, July 5, 2024
(A) An elderly applicant or client is one who
			 is 65 years of age or older and is awaiting determination of Supplemental
			 Security Income (SSI) benefits. If the person is found to be ineligible for SSI
			 benefits, she or he may be eligible for EAEDC provided the eligibility
			 requirements for EAEDC are met.
(B)
			 Verification that the applicant or client is awaiting SSI benefits will be
			 established on a form prescribed by the Department. Ineligibility for SSI will
			 be proven by the letter of denial from SSI.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.610 - EAEDC Participant in a Massachusetts Rehabilitation Commission Program

Current through Register 1525, July 5, 2024
(A) An applicant or
			 client who is actively participating in a Massachusetts Rehabilitation
			 Commission (MRC) training and/or rehabilitation program (including
			 post-secondary education) shall be considered to have a physical or mental
			 disability without application of the medical standards defined in
			 106 CMR
			 703.192, provided the applicant or client
			 meets all other nonfinancial and financial requirements of the EAEDC
			 program.
(B) Verification of active
			 participation in an MRC program must be provided at application,
			 redetermination, or when there is a change in active participation status.
(1) At application, the following two items
			 must be provided to verify that the EAEDC applicant is an active MRC
			 participant:
(a) medical or psychiatric
			 reports that are the basis of eligibility for MRC services. MRC shall provide
			 these reports to DTA at the applicant's request; and
(b) a written statement, signed by the MRC
			 counselor, that the individual is vocationally disabled and would continue to
			 be so without completion of the specific rehabilitation program. The statement
			 shall:
1. certify that the applicant is
			 actively participating in a training or rehabilitation program; and
2. describe the program and its anticipated
			 length.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.620 - EAEDC Caring for the Disabled

Current through Register 1525, July 5, 2024
In order to be eligible for EAEDC as caring for the disabled,
				the following two conditions must be met:
(1) An applicant or client is required to
			 care for a disabled person in the home in need of constant care; and
(2) if the constant care was not provided,
			 the disabled person would be required to be institutionalized. Both elements
			 must exist for an applicant or client of EAEDC to be categorically eligible.
The applicant or client must verify the person's disability,
				the need for constant care, and the risk of institutionalization without such
				care. These must be verified at application, redetermination, or time of any
				address change, by a written statement from the disabled person's physician on
				the physician's letterhead.
The income of the disabled person shall be considered in the
				determination of eligibility (see
				106
				CMR 704.340:
Eligibility Test for an
				EAEDC Person Caring for a Disables Person)
. If the income of the
				disabled person exceed those limits, the applicant or client is ineligible for
				EAEDC.
The EAEDC applicant or client must meet all other nonfinancial
				and financial requirements of the EAEDC program as specified in
				106 CMR 703.000 and
				704.000:
Overview
				of Financial Eligibility
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.700 - EAEDC Caretaker Family

Current through Register 1525, July 5, 2024
To be eligible for EAEDC, a caretaker family must meet all the
				requirements specified in 106 CMR 703.700(A)(1) through (3).
(A) An eligible caretaker family is defined
			 as:
(1) a dependent child younger than 18
			 years old;
(2) the dependent
			 child's siblings or half-siblings, if any; and
(3) a caretaker who:
(a) is 18 years of age or older;
(b) does not meet the relationship
			 requirement specified in
			 106 CMR
			 703.310;
(c) is living in the same home as the
			 dependent child; and
(d) has legal
			 custody or guardianship of the dependent child unless good cause exists. Good
			 cause exists if obtaining legal custody or guardianship may place the caretaker
			 or the dependent child at risk of serious harm or emotional impairment. A
			 serious emotional impairment is one of such severity that it would
			 significantly reduce the caretaker's or the child's capacity to care for
			 himself or herself or significantly reduce his or her capacity to perform
			 essential activities of daily living.
If the caretaker does not have legal custody or guardianship of
				the dependent child, the caretaker shall get legal custody or guardianship or
				provide verification of good cause for failure to obtain such custody or
				guardianship at the end of six months from the date assistance begins or six
				months from the date of the next eligibility review, whichever is later.
Good cause is verified by the following:
1. a statement, signed by the caretaker,
			 detailing the reason he or she believes obtaining legal custody or guardianship
			 places him or her or the dependent child at risk of serious harm or emotional
			 impairment, including any incidents which led him or her to believe this is
			 true, and the approximate dates of such incidents; and
2. court, medical, criminal, child protective
			 service, psychological, law enforcement, or school records, or other official
			 documentation that demonstrate that there is a risk of serious harm or
			 emotional impairment to either the caretaker or the dependent child.
If the documents listed in 106 CMR 703.700(A)(3)(d)1. and 2.
				are not available or inconclusive, a sworn detailed statement from the
				caretaker and at least one other individual with knowledge of the circumstances
				which supports his or her good cause claim.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.710 - EAEDC Transitional Employment for Massachusetts Parents (TEMP)

Current through Register 1525, July 5, 2024
(A) As a condition
			 of EAEDC eligibility, an individual must participate in Transitional Employment
			 for Massachusetts Parents (TEMP) if:
(1) he or
			 she is the caretaker, as specified in
			 106 CMR
			 703.700;
(2) he or she is included in the assistance
			 unit; and
(3) his or her youngest
			 dependent child in the household is 15 years of age or older, unless the
			 individual meets the criteria of
			 106 CMR 703.720
			 or has good cause as specified in
			 106 CMR
			 701.380:
Good Cause
			 Criteria
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.720 - EAEDC Exemptions

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) A
			 grantee is exempt from registering for work with the Department of Career
			 Services (DCS) and from participating in Transitional Employment for
			 Massachusetts Parents (TEMP), if the grantee meets one of the following
			 exemptions:
(a) is disabled;
(b) is essential to the care of one of the
			 following disabled persons living in the home:
1. a child,
2. the grantee's spouse,
3. the child's other parent, or
4. the parent or grandparent of the grantee,
			 the grantee's spouse, or the child's other parent; or
(c) is 60 years of age or older.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.800 - EAEDC Age

Current through Register 1525, July 5, 2024
Age is verified by one of the following documents provided the
				document proves the individual's age:
(A) birth certificate;
(B) hospital birth record;
(C) court records (
e.g
.,
			 adoption, separate support, adjudication of paternity);
(D) Notification of Birth (NOB-1) signed by
			 appropriate hospital official;
(E)
			 Social Security (RSDI) benefit records;
(F) Immigration and Naturalization
			 records;
(G) baptismal
			 certificate;
(H) school
			 records;
(I) church records or a
			 family Bible;
(J) insurance
			 policies;
(K) employment
			 records;
(L) newspaper records and
			 local histories;
(M) Indian agency
			 records;
(N) child welfare service
			 records;
(O) voluntary social
			 service records;
(P) day care
			 center records;
(Q) Head Start
			 Program records;
(R)
			 passport;
(S) United States Census
			 records;
(T) driver's
			 license;
(U) other governmental
			 records; or
(V) an affidavit of a
			 knowledgeable third person, if the applicant or client has demonstrated that he
			 has tried unsuccessfully to obtain appropriate documents.
The applicant or client has the primary responsibility for
				obtaining verification. If the applicant or client cannot provide the
				verifications, the worker shall help the applicant or client obtain the needed
				information.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.810 - EAEDC Identification of the Applicant

Current through Register 1525, July 5, 2024
The worker shall establish the identity of the applicant. Proof
				of identity shall be by:
(A) a birth
			 certificate;
(B) a hospital birth
			 record;
(C) a Social Security
			 Card;
(D) a driver's
			 license;
(E) a voter registration
			 card;
(F) military service
			 papers;
(G) a marriage
			 license;
(H) court
			 records;
(I) employment
			 papers;
(J) a passport;
(K) a baptismal certificate;
(L) other official government document;
			 or
(M) in the event that none of
			 the above are available at the time of application, identity may be temporarily
			 verified by a signed and dated third-party sworn statement from an authorized
			 person from one of the following types of organizations:
(1) educational;
(2) emergency shelter;
(3) medical;
(4) rehabilitational;
(5) religious; or
(6) social services.
An applicant or client who has only temporarily established
				identity must take the necessary steps to obtain permanent verification of
				identity (
see
106 CMR 703.810(A) through (M)) within the
				application time frames. Unreasonable failure to do so shall result in the
				denial or termination of assistance; no additional periods of eligibility may
				be established until such permanent identity verification is
				provided.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.820 - EAEDC Resident

Current through Register 1525, July 5, 2024
The term "resident" means any person living within
				Massachusetts, even if homeless, and having no present intention of leaving,
				but not necessarily with the intention of remaining permanently.
Any person who enters Massachusetts for the purpose of
				obtaining EAEDC shall not be considered a resident. There is a rebuttable
				presumption that a person is not a resident when he or she enters and resides
				in the Commonwealth for the purpose of school attendance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.830 - EAEDC Place of Residence

Current through Register 1525, July 5, 2024
An applicant or client and his or her dependents must reside in
				Massachusetts, but there is no durational residence requirement in
				Massachusetts.
Residence in a nursing home, hospital, or other medical
				institution in Massachusetts shall not, in and of itself, be sufficient
				evidence of residence to qualify such person as a resident under
				106 CMR 703.000.
An applicant or client who resides in a public, nonmedical
				institution (
e.g
., a municipal infirmary, public psychiatric
				institution, or who temporarily enters a nursing home, public medical
				institution, or chronic hospital approved or licensed by the Department of
				Public Health) may be eligible for EAEDC assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 704.000 - Transitional Cash Assistance Program: Financial Eligibility › Section 704.000 - Overview of Financial Eligibility

Current through Register 1525, July 5, 2024
To receive Transitional Cash Assistance of EAEDC or TAFDC, an
				applicant or client must meet financial eligibility requirements as well as
				those requirements provided in 106 CMR 703.000:
Transitional Cash
				Assistance Program: Nonfinancial Requirements
.
An applicant or client meets the financial eligibility
				requirements if he or she has income at or below the Department's limits. The
				purpose of 106 CMR 704.000 is to show how financial eligibility is established.
				The topics covered are:
(B) Income,
			 106
			 CMR 704.200;
(C) Membership in the Assistance Unit and
			 Filing Unit,
			 106
			 CMR 704.300;
(D) TAFDC, Need and Payment Standards,
			 106
			 CMR 704.410, and
			 704.420;
(E) EAEDC Living Arrangements and Standards
			 of Assistance,
			 106
			 CMR 704.435 and
			 704.440; and
(F) Calculation of the Grant Amount,
			 106
			 CMR 704.500.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 704.000 - Transitional Cash Assistance Program: Financial Eligibility › Section 704.010 - General Requirements for Financial Eligibility

Current through Register 1525, July 5, 2024
The Department determines financial eligibility for
				Transitional Cash Assistance based on an assessment of the income of the filing
				unit. In order for the assistance unit to be eligible, the income of the filing
				unit may not be above the Department's income limits.
(A)
								106
			 CMR 704.300,
			 704.305, and
			 704.310 provide the
			 requirements for determining who is in the filing unit, who is in the
			 assistance unit, and whose assets, income, and needs are considered in
			 determining eligibility.
(C)
								106
			 CMR 704.200 provides the requirements for
			 determining how income is counted in the eligibility test.
The remaining sections provide the requirements for calculating
				and paying the grant once eligibility has been established.