Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.170 - Department Action on Reported Changes

Current through Register 1525, July 5, 2024
Except as provided in 106 CMR 365.170, action shall be taken on
				reported changes in accordance with the notification and timeliness standards
				specified in
				106 CMR
				366.100 through
				366.220.
				Public Assistance (PA) households must be notified whenever their SNAP benefits
				are altered as a result of changes in their PA benefits. They must also be
				informed whenever their SNAP certification period is shortened due to changes
				in household circumstances.
106 CMR 365.170(A) through (C) provide special instructions for
				handling PA households that, during their certification period,
				experience:
(1) a reduction in their
			 PA benefits;
(2) termination of
			 their PA benefits; or
(3) a change
			 in household circumstances resulting in a change in their SNAP classification
			 from PA to NPA.
106 CMR 365.170(D) provides special instructions for handling a
				change from PA to NPA status that is known to the Department at the time of a
				PA redetermination.
(A)
Reduction in Public Assistance Benefits
. When the
			 household circumstance change results in a reduction in the household's PA
			 benefits and a reduction or termination in its SNAP benefits within its SNAP
			 certification period, notice of adverse action shall be issued for both the PA
			 and the SNAP actions. If the household requests a fair hearing within the
			 period provided by the notice of adverse action, the household's SNAP benefits
			 shall be continued on the basis authorized immediately prior to sending the
			 notice. The hearing shall be conducted according to PA procedures and
			 timeliness standards. However, the household must reapply for SNAP benefits if
			 the SNAP certification period expires before the fair hearing process is
			 completed. If the household does not appeal, the change shall be made effective
			 in the month following the expiration of the advance notice period, when
			 possible.
When the household circumstance change requires a reduction in
				the household's PA benefits but an increase in its SNAP benefits, a PA notice
				of adverse action shall be issued. The notice shall inform the household of the
				proposed increase but no action shall be taken to increase SNAP benefits until
				the household decides whether to appeal the proposed action to reduce the cash
				assistance. If the household decides to appeal and its PA benefits are
				continued, the household's SNAP benefits shall continue at the previous level.
				If the household does not appeal, action shall be taken to make the SNAP change
				effective in accordance with the timeliness standards of
				106 CMR
				366.120:
Department Responsibility to
				Take Timely Action
. The time limits for acting on the change, however,
				shall be calculated from the date the PA notice of adverse action period
				expires.
(B)
Termination of Public Assistance Benefits
. When a
			 household circumstance change results in termination of the household's PA
			 benefits, members of the household who lose their SNAP work registration
			 exemption must be advised of the SNAP work registration requirements, if
			 applicable. When there is sufficient information to determine how the change
			 effects the household's SNAP eligibility and benefit level, the following
			 action shall be taken:
(1) If the household's
			 SNAP benefits will be reduced or terminated, notice of adverse action shall be
			 issued for both the PA and the SNAP actions. If the household requests a fair
			 hearing within the period provided by the notice of adverse action, the
			 household's SNAP benefits shall be continued on the basis authorized
			 immediately prior to sending the notice. The hearing shall be conducted
			 according to PA procedures and timeliness standards. However, the household
			 must reapply for SNAP benefits if the SNAP certification period expires before
			 the fair hearing process is completed. If the household does not appeal, the
			 change shall be made effective, when possible, in the month following the
			 expiration of the PA advance notice period;
(2) If the household's SNAP benefits will be
			 increased, a PA notice of adverse action shall be issued. The notice shall
			 inform the household of the proposed increase but no action shall be taken to
			 increase the household's SNAP benefits until the household decides whether it
			 will appeal the adverse action. If the household decides to appeal and its PA
			 benefits are continued, the household's SNAP benefits shall continue at the
			 previous level. If the household does not appeal, the SNAP change shall be made
			 effective in accordance with the timeliness standards in
			 106 CMR
			 366.120:
Department Responsibility to
			 Take Timely Action
. The time limits for acting on the change, however,
			 shall be calculated from the date the notice of adverse action period expires;
			 or
(3) When there is insufficient
			 information to determine how a household circumstance change affects the
			 household's SNAP eligibility and benefit level, a notice of adverse action
			 shall be issued informing the household of the termination of its PA benefits.
			 The notice shall also inform the household that its SNAP certification period
			 will expire at the end of the month following the month the notice is sent, and
			 that it must reapply if it wishes to continue to participate in SNAP. The
			 notice shall explain that the certification period is expiring because of
			 changes in the household's circumstances that may affect its SNAP eligibility
			 and benefit level. The notice shall specify that the household, if eligible for
			 benefits, shall be entitled to uninterrupted benefits if it files an
			 application by the 15th day of the last month of its
			 certification period and completes its recertification responsibilities. If the
			 household requests a fair hearing and its PA benefits are continued pending the
			 appeal, the household's SNAP benefits shall be continued at the same
			 level.
(C)
Change in Classification from a PA to an NPA SNAP
			 Household
. When a household's SNAP classification changes from PA
			 to NPA, Department procedures shall be followed to assure that the household's
			 SNAP benefits are not terminated merely because case responsibilities are
			 transferred from the PA to the NPA unit. The household's resources must be
			 reevaluated under the resource eligibility criteria of the SNAP Program when
			 the classification changes from PA to NPA or all members of the household are
			 no longer receiving TAFDC benefits.
If there is sufficient information to determine how the change
				affects the household's SNAP benefits, notification and timeliness standards
				specified in 106 CMR 365.170 and in
				106 CMR
				366.120 through
				366.220
				shall be followed.
If there is insufficient information to determine the effect on
				the household's SNAP eligibility and benefit level, a Notice of SNAP
				Termination shall be sent. The notice must inform the household that its
				certification period will expire at the end of the month following the month
				the notice is sent, and that it must reapply if it wishes to continue to
				participate in SNAP. The notice shall explain that the certification period is
				expiring because of changes in circumstances which may affect the household's
				SNAP eligibility and benefit level. The notice shall specify that the
				household, if eligible for benefits, shall be entitled to uninterrupted
				benefits if it files an application by the 15th day
				of the last month of its certification period and completes its recertification
				responsibilities.
(D)
Change from PA to NPA Status is Known to the Department at the Time
			 of the Public Assistance Redetermination
. When a change from PA to
			 NPA status is known to the Department at the time of a public assistance
			 redetermination, the household shall nevertheless be recertified for SNAP
			 benefits, to the extent possible, at the same time it is redetermined for the
			 public assistance program.