Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 366.000 - Supplemental Nutrition Assistance Program (SNAP): additional certification functions › Section 366.210 - Changes Not Requiring Advance Notice

Current through Register 1525, July 5, 2024
In the circumstances described 106 CMR 366.210(A) through (L),
				SNAP benefits may be terminated or decreased without providing the household
				advance notice of adverse action or the right to a pretermination or a
				prereduction hearing:
(A) The
			 Department initiates a mass change as described in
			 106 CMR
			 366.130;
(B) The Department determines, on reliable
			 information, that all members of the household have died;
(C) The household has been receiving an
			 increased monthly allotment to restore lost benefits, the restoration is
			 complete, and the household was previously notified in writing of when the
			 increased allotment would terminate;
(D) The household's allotment varies from
			 month to month within the certification period to take into account changes
			 anticipated at the time of certification and the household was so notified at
			 the time of certification;
(E) The
			 household files a joint application for cash assistance and SNAP benefits,
			 receives SNAP benefits pending the approval of the cash assistance grant and is
			 notified at the time of certification that SNAP benefits will be reduced upon
			 approval of the cash assistance grant;
(F) A household member is disqualified due to
			 an Intentional Program Violation, or the benefits of the remaining household
			 members are reduced or terminated to reflect the disqualification of that
			 household member. (The notice requirements for individuals or households
			 affected by IPV disqualifications are explained at
			 106 CMR
			 367.825:
Results of an
			 ADH-notification
);
(G) The
			 household's SNAP benefits are terminated or reduced as a result of the
			 recertification process;
(H) The
			 household's benefits are increased as the result of a reported change and the
			 household fails to provide verification of the reported change prior to the
			 second monthly allotment after the change was reported;
(I) The Department is terminating the
			 eligibility of a resident of a drug or alcoholic treatment center or a group
			 living arrangement because the facility has lost its state agency certification
			 or has had its status as an authorized representative suspended due to
			 disqualification by the United States Department of Agriculture;
(J) The Department is reducing benefits to
			 collect an Intentional Program Violation or an Unintentional Program Violation
			 Claim for Inadvertent Household Error (in accordance with
			 106 CMR
			 367.490:
Claim
			 Determinations
), and the reason is that the household has not made an
			 agreed upon repayment;
(K) The
			 household voluntarily requests, in writing or in the presence of the worker,
			 that its participation be terminated. If the household does not provide a
			 written request, the Department shall send the household a letter confirming
			 the voluntary withdrawal. Written confirmation does not entail the same rights
			 as a notice of adverse action, except that the household may request a fair
			 hearing; and
(L) The Department
			 determines, based on reliable information, that the household will not be
			 residing in the area and, therefore, will be unable to obtain its next
			 allotment. The Department shall inform the household of its termination no
			 later than its next scheduled issuance date. While the Department may inform
			 the household before its next issuance date, the Department shall not delay
			 terminating the household's participation in order to provide advance
			 notice.