reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.230 - Eligibility Review Activities

Current through Register 1525, July 5, 2024
(A)
Interview
. An interview must be completed for the
			 eligibility review and the generated form must be signed by the
			 client.
(B)
Verification
. Verification of eligibility factors not
			 previously verified, or reverification of factors subject to change, shall be
			 required. Factors subject to change include, but are not limited to, income,
			 assets, school attendance, health-insurance coverage, disability and household
			 composition.
(C)
Related Benefits; Development of Other Benefits
. The
			 worker shall make any necessary referrals or arrangements for related services
			 or benefits, and ask about other benefits which may have become available to
			 the client.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.240 - Concluding the Eligibility Review Process

Current through Register 1525, July 5, 2024
Each eligibility review shall be concluded by a finding of
				continued eligibility and calculation of the grant amount, or by a finding of
				ineligibility. If the worker is unable to complete the eligibility review
				because the client has died or cannot be located, assistance shall be
				terminated upon notification of death or after reasonable attempts to locate
				the client. (
See
106 CMR
				702.140.
Assistance shall be terminated upon proper notification when
				the worker is unable to complete the eligibility review due to a (1) lack of
				verification required to determine eligibility, or (2) lack of response to the
				eligibility review notice. Where termination has occurred solely as the result
				of lack of verification, and the client subsequently submits the required
				verifications within 30 calendar days of the termination date, the worker shall
				determine eligibility based upon information submitted within the
				30-calendar-day period following the termination date.
If the client is determined to be eligible, assistance shall be
				authorized retroactive to the date of termination if the verification
				demonstrates continuous eligibility, or retroactive to the date on which all
				eligibility factors were met, whichever is later.
The client shall be notified of any proposed action that
				results from the eligibility review in accordance with
				106 CMR
				702.500.
If the client requests an appeal of a reduction/termination of
				benefits in which the sole issue is the lack of verifications and if the client
				then provides the required verifications during the appeal process, the
				Department shall take action in accordance with
				106 CMR
				343.350(B):
Prehearing Adjustment
.
The eligibility review must be fully supported by the facts in
				the case record.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.300 - Verification

Current through Register 1525, July 5, 2024
Verification is the validation of oral and written statements
				by means of documentation, third party contacts, and self-declarations by the
				applicant or client in accordance with
				106 CMR
				702.340. Verification must be provided during
				the eligibility review process or at the time of changes affecting eligibility
				(
See
106 CMR
				702.330) . All documentation, as well as
				information obtained through third party contacts, shall be made part of the
				case record.
Eligibility factors must always be verified as required by
				106 CMR
				702.330. Verifications that are included in
				another case record shall be used to verify those factors that are not subject
				to reverification.
The Department shall require verification of factors, including
				additional verification of documentation already submitted, when the
				information available to the Department is contradictory, inconsistent or
				incomplete, or the Department determines that verification is necessary to
				ensure efficient administration of the TAFDC and EAEDC programs.
When verification is required, only the documentation specified
				in the relevant sections of the regulations are acceptable unless unavailable
				in accordance with
				106 CMR
				702.311. Alternative methods of verification
				for unavailable documents shall be accepted in accordance with
				106 CMR
				702.340. If none of the verifications listed
				resolves an eligibility issue, the worker may require verification from other
				sources.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.310 - Responsibility for Verification

Current through Register 1525, July 5, 2024
The applicant or client must meet financial and nonfinancial
				eligibility requirements. The applicant or client must submit the verifications
				required by policy to demonstrate that he or she meets these eligibility
				factors.
(A) The applicant or client is
			 responsible for the following:
(1) obtaining
			 the required verifications;
(2)
			 contacting the worker if there is a delay or difficulty in obtaining
			 verifications;
(3) cooperating with
			 the worker to obtain verifications when worker assistance is requested;
			 and
(4) signing collateral consent
			 forms, if necessary.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.311 - Responsibility for Verifying Continued Eligibility

Current through Register 1525, July 5, 2024
The client is responsible to provide verification of
				eligibility factors that have not previously been verified as well as those
				that are subject to change in accordance with
				106 CMR
				702.330. The client is responsible for
				cooperating with the worker in obtaining verification of continued eligibility,
				or for providing an acceptable reason for the unavailability of the
				verification within 20 calendar days of the worker's request.
The following are acceptable reasons for unavailability:
(A) the verification is dependent on a third
			 party and the client has taken all necessary steps on his or her part to obtain
			 it;
(B) illness or incapacity of
			 the client or other family member has delayed providing the required
			 verification;
(C) the client was
			 not adequately informed of his or her responsibility to provide the required
			 verification;
(D) the client was
			 not informed of the specific documents, including alternative verification,
			 required to verify the eligibility factor; or
(E) other circumstances beyond the control of
			 the client prevented him or her from obtaining the verification.
If one of these situations exists, the client shall be informed
				of alternative verification methods, including self-declaration, (
See
106 CMR
				702.340 ), and allowed an additional ten
				calendar days to meet his or her verification responsibility. The worker shall
				also offer assistance in obtaining any requested documents and/or shall use
				collateral contact as a means of verification in accordance with
				106 CMR
				702.340.
If the benefits of any member of the assistance unit are
				terminated or reduced due to lack of verification, the client must be sent a
				notice of adverse action. (
See
106 CMR
				702.500 ). The notice must contain a
				statement informing the client that a second eligibility determination will be
				made if the absent verification and any verification required by changes in
				circumstances that have occurred in the interim are provided in the 30 calendar
				days following the termination/reduction date. If the client is subsequently
				determined eligible, assistance is authorized retroactive to the date of
				termination/reduction provided the verification demonstrate continuous
				eligibility or retroactive to the date all eligibility factors are met,
				whichever is later.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.315 - Responsibility for and Assistance in Verifying Disability for the EAEDC Program

Current through Register 1525, July 5, 2024
(A) An EAEDC
			 applicant or client is responsible for establishing that he or she is disabled.
			 The Department shall help the applicant or client in obtaining the necessary
			 information and may require the applicant or client to attend an exam required
			 by the agency or organization under contract/agreement with the Department to
			 provide disability evaluation services.
(1)
			 The applicant or client must provide the Department:
(a) clinical and/or laboratory findings
			 establishing that he or she has an impairment or combination of impairments
			 that substantially reduces or eliminates his or her ability to support himself
			 or herself; and
(b) information
			 regarding the various vocational factors as specified in
			 106 CMR
			 703.193(C):
Physical
			 Impairment
and, if applicable,
			 106 CMR
			 703.193(D):
Mental
			 Impairment
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.320 - Information from Government Sources, Contractors and Banks

Current through Register 1525, July 5, 2024
The applicant or client must be informed that the Department
				will regularly request information from other sources for purposes of verifying
				eligibility and the effective administration of the Department's programs.
				These include, but are not limited to, any federal, state, local or county
				agency, providers under contract with the Department, welfare departments in
				other states and banks and other financial institutions. In addition, the
				Department may conduct other matches authorized by law.
The Department need not obtain the applicant's or client's
				prior approval to acquire and use information from the sources and for the
				reasons indicated in 106 CMR 702.320. In certain circumstances the Department
				may provide information to government sources, contractors or
				banks.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.330 - Frequency of Verification

Current through Register 1525, July 5, 2024
Some information, because it is not subject to change, only
				needs to be verified once unless at a later date questions are raised about the
				current validity of the verification or unless the Department has reason to
				believe that a change has or may have occurred to require reverification. Such
				information includes, but is not limited to: age, noncitizen status,
				application for potential benefits, application for an SSN, cooperation with
				CSED unless good cause has been determined, death, identity, paternity,
				pregnancy, relationship, and windfall/lump sum payments.
Information that is subject to frequent change must be
				reverified at eligibility reviews, at times of reported changes, or whenever
				the Department receives information that a change has or may have occurred that
				affects continued eligibility. Such factors include, but are not limited to,
				bank deposits, cash on hand, health insurance coverage, incapacity, income,
				IRAs, Keoghs and pension plans, school attendance, securities, unemployment,
				and work-related expenses
(e.g.
, dependent care).
Other factors are subject only to occasional change and
				therefore need only be reverified at the time of a reported change or whenever
				the Department has reason to believe that a change has or may have occurred for
				which verification is required. Such information includes, but is not limited
				to, living arrangement, temporary absence and residence.
The Department in all cases may require reverification when
				information available to the Department is contradictory, inconsistent or
				incomplete, or the Department determines that reverification is necessary to
				ensure efficient administration of the TAFDC or EAEDC program.
106 CMR 703.000:
Transitional Cash Assistance Program: Nonfinancial
				Eligibility,
704.000:
Transitional Cash Assistance Program:
				Financial Eligibility
and 707.000:
Transitional Cash
				Assistance Program: Employment Services Program
for TAFDC and EAEDC
				contain information about specific eligibility factors (including those not
				mentioned in 106 CMR 702.330) , the acceptable verification of those
				eligibility factors, and the frequency with which they must be verified.
The provisions of 106 CMR 702.330 shall not apply whenever
				verification of an eligibility factor is required because the originally
				submitted documentation is missing or has been destroyed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.400 - Case Maintenance

Current through Register 1525, July 5, 2024
Case maintenance consists of action necessary to issue
				payments, adjust the grant amount, change an address, update the Department's
				computerized files, implement regulatory or procedural changes and document any
				action taken and the reasons for such action in the case record.
The time standards for certain TAFDC case maintenance actions
				are provided in
				106 CMR
				701.530:
TAFDC Table of Time
				Standards
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.410 - Documentation in the Case Record

Current through Register 1525, July 5, 2024
The case record is the permanent collection of the information
				necessary for determining eligibility and providing benefits and referrals for
				services.
All decisions regarding eligibility and case actions must be
				based on information documented in the case record.
Information in the case record is protected by provisions of
				confidentiality.
See
106 CMR
				701.320:
Right to
				Confidentiality
. The applicant or client may access to information in
				the case record.
See
106 CMR
				701.330:
Right to
				Information
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.500 - Notification of Proposed Action

Current through Register 1525, July 5, 2024
The applicant or client must be provided with notice of any
				action proposed by the Department that would affect his or her claim to cash
				benefits, SNAP, MassHealth, or other benefits.
Such notice must include a statement of the proposed action,
				including the change in the amount of financial assistance; the reasons for the
				proposed action; the citation to the regulations supporting the action; and an
				explanation of the client's right to request a fair hearing. Time standards for
				notification are provided in
				106
				CMR 343.140:
Time Limits
and
				343.210:
Timely Notice Exceptions
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.600 - Appeals

Current through Register 1525, July 5, 2024
Information regarding the appeal process, the applicant's or
				client's right to request a fair hearing, and the time standards governing
				appeal procedures are found in 106 CMR 343.000:
Fair Hearing
				Rules
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.610 - Continued Assistance Pending Appeal Decision

Current through Register 1525, July 5, 2024
Upon appeal, assistance may not be reduced or terminated,
				unless the right is waived by the client until a decision is rendered after a
				hearing, provided the client requested the hearing within the time limits
				provided in 106 CMR 343.000:
Fair Hearing Rules
, and none of
				the situations in
				106
				CMR 343.250:
Continuation of Benefits
				Pending Appeals
applies.
Assistance paid pending the appeal is subject to recoupment if
				the Department's action is upheld.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.700 - Development of Other Benefits

Current through Register 1525, July 5, 2024
(A)
Requirements
. An applicant or client of TAFDC or EAEDC
			 who may be eligible to receive other benefits, such as Unemployment
			 Compensation, Social Security, Railroad Retirement or Workers' Compensation, on
			 his or her own behalf or through an absent parent, must apply for these
			 benefits as a condition of eligibility.
TAFDC or EAEDC assistance may generally be provided until other
				benefits are received, at which time eligibility will be reviewed. An
				applicant, however, who has applied for and is determined eligible for
				Unemployment Compensation (UC) is not eligible for EAEDC during any waiting
				period for UC benefits.
Except as noted in the previous paragraph, if these or other
				benefits become available during receipt of assistance, the client must apply
				for such benefits to remain eligible. Eligibility will be reviewed when the
				benefit is actually received.
(B)
Exceptions
.
(1) A TAFDC applicant or client is not
			 required to apply for other benefits which may be available through an absent
			 parent if good cause for refusing to cooperate in determining paternity or
			 obtaining child support payments has been found in accordance with
			 106
			 CMR 703.500:
TAFDC Cooperation with
			 Child Support Requirements
through
			 106
			 CMR 703.550:
TAFDC Family Abandonment
			 Penalty
; and
(2) Any TAFDC
			 applicant or client who is a victim of a violent crime is not required to seek
			 compensation for the violent crime whether through the Compensation to Victims
			 of Violent Crimes Act or other source.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.710 - Supplemental Security Income and State Supplement Program (SSI/SSP) Benefits

Current through Register 1525, July 5, 2024
(A) Individuals who
			 are eligible for SSI/SSP and TAFDC benefits may elect to receive either SSI/SSP
			 or TAFDC but may not receive both. The worker must advise such individuals of
			 their option to apply for either program.
In determining how much of a TAFDC grant is countable as income
				to a TAFDC client who is applying for SSI, the following rules, in accordance
				with 106 CMR 702.710(A)(1) through
				(3), apply:
(1) If no income is being deducted from the
			 TAFDC grant, the countable income to the client is the incremental standard of
			 payment.
See
106
			 CMR 704.420:
TAFDC Table of Payment
			 Standards - Exempt Assistance Units
.
(2) If income is being deducted from the
			 TAFDC grant, and some or all of that income is the personal income of the
			 client, the countable income to the client is the incremental need standard
			 less the applicant's personal income.
See
106
			 CMR 704.410:
TAFDC Table of Need
			 Standards - Exempt Assistance Units
.
(3) If income is being deducted from the
			 TAFDC grant, and none of that income is the personal income of the client, the
			 countable income to the client is the TAFDC grant divided by the number of
			 people in the assistance unit.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.720 - Veterans' Services Benefits

Current through Register 1525, July 5, 2024
(A)
			 TAFDC applicants and clients may be eligible for non-federal Veterans' Services
			 Benefits (VSB) under M.G.L. c. 115. They may elect to participate in either the
			 TAFDC or the Veterans' Services program, but may not participate in both. The
			 TAFDC worker must advise such individuals of their option to apply for either
			 program.
(B) EAEDC applicants or
			 clients may be eligible for non-federal VSB under M.G.L. c. 115. Such EAEDC
			 applicants or clients are not eligible for EAEDC. The worker must advise those
			 who may be eligible for VSB that they must apply for such benefits as a
			 condition of eligibility for EAEDC before a determination of eligibility for
			 EAEDC can be made. Any time that an EAEDC client appears eligible for VSB, he
			 or she must apply for such benefits and provide written notification of
			 ineligibility from the Department of Veterans' Services office as a condition
			 of continuing EAEDC eligibility.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 702.000 - Transitional Cash Assistance Programs: Eligibility Process › Section 702.800 - Assignments for Third Party Recoveries

Current through Register 1525, July 5, 2024
(A) Benefits may be provided under the TAFDC,
			 EAEDC, or MassHealth programs as a result of an accident, injury, or illness.
			 When payment is expected to be provided by liability insurance, Workers'
			 Compensation, or other source, the Department and MassHealth require an
			 assignment which conveys and transfers to the Department the right to recover
			 an amount equal to the benefits provided as a result of said accident, injury,
			 or illness. This assignment is required as a condition of initial and
			 continuing eligibility at application, eligibility review, or at any time that
			 the information becomes known to the Department.
The applicant or client is required to notify the Department,
				in writing, when a claim for compensation or recovery has begun, and of any
				settlement negotiations before they become final. A claim includes, but is not
				limited to:
(1) a court action or other
			 proceeding;
(2) notification to the
			 applicant's or client's own insurance company; and/or
(3) notification to any third party that may
			 be liable.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.000 - Overview of TAFDC Nonfinancial Requirements

Current through Register 1525, July 5, 2024
In order to receive TAFDC, an applicant or client must meet all
				of the applicable eligibility requirements. These requirements are both
				nonfinancial and financial.
The nonfinancial requirements for TAFDC eligibility are:
(A)
								106 CMR
			 703.100:
Exemptions from Time-limited
			 Benefits
;
(B)
								106 CMR
			 703.120:
Time-limited
			 Benefits
;
(D)
								106 CMR
			 703.150:
Work
			 Program
;
(E)
								106 CMR
			 703.200:
Dependent
			 Child
;
(F)
								106 CMR
			 703.300:
Relationship and Living
			 Arrangement
;
(G)
								106 CMR 703.340:
Residence
;
(H)
								106 CMR
			 703.400:
Citizens, Noncitizens, and
			 Canadian-born Indians
;
(I)
								106 CMR
			 701.230:
Social Security Numbers
			 (SSN)
; and
(J)
								106 CMR
			 703.500:
Cooperation with Child
			 Support Enforcement Efforts
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.010 - Overview of EAEDC Nonfinancial Requirements

Current through Register 1525, July 5, 2024
In order to receive EAEDC, an applicant or client must meet all
				of the applicable eligibility requirements. These requirements are both
				nonfinancial or financial.
The nonfinancial requirements for EAEDC eligibility are:
(A)
								106
			 CMR 703.600:
Elderly - 65 Years of
			 Age or Older
;
(B)
								106 CMR
			 703.191:
Disabled
;
(C)
								106
			 CMR 703.610:
Participant in a
			 Massachusetts Rehabilitation Commission Program
;
(D)
								106 CMR
			 703.620:
Caring for the
			 Disabled
;
(E)
								106 CMR
			 703.700:
Caretaker
			 Family
;
(G)
								106 CMR 703.800:
Age, Identity, Resident, Place of Residence, Temporary Absence, and
			 Disqualifying Absences
;
(H)
								106 CMR
			 703.400:
Citizens, Noncitizens and
			 Canadian-born Indians
; and
(I)
								106 CMR
			 701.230:
Social Security Number
			 (SSN)
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.110 - TAFDC Good Cause Waivers Due to Domestic Violence

Current through Register 1525, July 5, 2024
(A)
Definition of Domestic
			 Violence
. The following acts by a current or former intimate
			 partner, spouse, relative, or household member shall be considered domestic
			 violence:
(1) physical acts that resulted in,
			 or threatened to result in, physical injury;
(2) sexual abuse;
(3) sexual activity involving a dependent
			 child;
(4) being forced to engage
			 in nonconsensual sexual acts or activities;
(5) threats of, or attempts at, physical or
			 sexual abuse;
(6) mental or
			 emotional abuse which would significantly reduce the victim's capacity to care
			 for himself or herself or his or her child or significantly reduce his or her
			 capacity to perform essential activities of daily living;
(7) neglect or deprivation of medical care;
			 or
(8) stalking.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.120 - TAFDC Time-limited Benefits

Current through Register 1525, July 5, 2024
(A) A
			 nonexempt grantee, including each grantee in a two-parent family, who is
			 receiving TAFDC or who would be receiving TAFDC but for a TAFDC sanction, may
			 only receive TAFDC for a maximum of a cumulative 24 months in a continuous
			 60-month period. The ineligibility shall apply to all members of the assistance
			 unit.
(1) The initial continuous 60-month
			 period begins on the date an assistance unit first becomes eligible for TAFDC.
			 The maximum cumulative 24-month period in a continuous 60-month period begins
			 on the date that an exempt grantee becomes nonexempt, or the date a nonexempt
			 grantee first becomes eligible for TAFDC, whichever is later.
(2) An assistance unit shall be considered to
			 be receiving TAFDC if it:
(a) receives a TAFDC
			 grant;
(b) has a grantee
			 participating in the Full Employment Program or supported work; or (c) receives
			 TAFDC benefits through vendor payments.
(3) The calculation of a nonexempt grantee's
			 cumulative 24-month period shall stop when:
(a) the entire assistance unit is ineligible,
			 including ineligibility as the result of a sanction;
(b) the grantee becomes exempt as specified
			 in
			 106 CMR
			 703.100; or
(c) the assistance unit voluntarily withdraws
			 from TAFDC.
The calculation of the cumulative 24-month period resumes when
				the grantee becomes nonexempt in the same continuous 60-month
				period.
(4) A
			 nonexempt grantee's cumulative 24-month period is not stopped when there is a
			 sanction period imposed on a member of the assistance unit, except as specified
			 in 106 CMR 703.120(A)(3)(a).
(5)
			 The calculation of the 60-month period cannot be stopped.
(6) If aid to the assistance unit has been
			 terminated because of the end of the cumulative 24-month period, the assistance
			 unit may establish eligibility for TAFDC before the end of the continuous
			 60-month period if the grantee meets an exemption found at
			 106 CMR
			 703.100. (7) At the end of a continuous
			 60-month period, a nonexempt grantee may reapply for TAFDC and begin a new
			 cumulative 24-month eligibility period and a new continuous 60-month
			 period.
(8) In a two-parent
			 household, both parents shall have the same 60-month period. If, because of a
			 prior period of assistance, both parents do not share the same start date of
			 their 60-month period, the earliest date shall apply to the
			 household.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.130 - TAFDC Extension of Benefits Beyond the 24-month Period

Current through Register 1525, July 5, 2024
The Commissioner or designee may extend benefits beyond the
				24-month period under certain circumstances. A nonexempt grantee granted an
				extension must meet all other program requirements. Requests for extensions
				will be reviewed and determined on a case-by-case basis. Granted extensions may
				be reviewed and revised as the Commissioner or designee deems
				appropriate.
An individual may request an extension of benefits beyond the
				24-month period after a nonexempt grantee has used 22 months of time-limited
				benefits, or at any time when an individual has already received 24 months of
				time-limited benefits.
(A)
Requirements
.
(1)
			 Before determining whether or not to approve an extension, the Commissioner or
			 designee shall consider:
(a) the degree that
			 a nonexempt grantee has and is cooperating, with the Department in work-related
			 activities. Work-related activities are those which are intended to lead to
			 full-time employment;
(b) whether
			 the nonexempt grantee has been sanctioned or has otherwise failed to cooperate
			 with the Department's rules and regulations;
(c) whether the grantee received and/or
			 rejected job offers reduced his or her employment hours or quit a job without
			 good cause as specified in
			 106 CMR
			 701.380:
Good Cause
			 Criteria
, or has been fired for cause;
(d) whether appropriate job opportunities
			 currently exist locally. A job opportunity is appropriate when the grantee
			 meets the minimum requirements for a job;
(e) whether suitable state-standard child
			 care (including special needs care) is available during the grantee's hours of
			 employment and commuting time; and
(f) whether the client demonstrated a good
			 faith effort to meet his or her economic independence goals. If a client has
			 not demonstrated a good faith effort, but is otherwise found eligible for an
			 extension under 703.130(A)(1)(a), (c) through (f), the Commissioner, in his or
			 her discretion, may continue to provide benefits on behalf of any dependent
			 children.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.150 - TAFDC Work Program

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) A
			 grantee who has received assistance for 60 days must work the required hours
			 per week as specified in 106 CMR 703.150(A)(5), unless:
(a) the grantee is exempt
			 (
see
106 CMR
			 703.100) ;
(b) the grantee is caring for a foster child
			 in the home who is younger than two years old;
(c) a grantee is caring for a foster child in
			 the home whose needs exceed a standard level of care (DCF tiers 2, 3 and 4) as
			 determined by the DCF Commissioner or designee. A waiver of Work Program
			 requirements may be granted by the DTA Commissioner for other foster parent
			 grantees at the request of the DCF Commissioner based on the needs of the
			 foster child; or
(d) the grantee
			 has good cause as specified in
			 106 CMR
			 701.380:
Good Cause
			 Criteria
.
In a two-parent household, each parent shall meet the Work
				Program requirements for the required hours per week as specified in 106 CMR
				703.150(A)(5), unless that parent meets the requirements of 106 CMR
				703.150(A)(1). If 106 CMR 703.150(A)(1)(b) and (c) apply, however, the work
				program requirement must still be met by one parent.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.151 - TAFDC Ineligibility of Strikers

Current through Register 1525, July 5, 2024
Strikers are not eligible for TAFDC. Assistance which was paid
				for any month (or portion of a month) during which an individual was on strike
				must be considered an overpayment for the month.
See
106 CMR
				706.200:
Overpayments and
				Underpayments
, for treatment of overpayments. The amount of the
				overpayment is determined in accordance with 106 CMR 703.151(C).
(A)
Definition
. A
			 strike is any concerted work stoppage, slowdown or interruption by employees,
			 including a stoppage because of the expiration of a collective bargaining
			 agreement.
(B)
Participation in a Strike
. An individual is
			 participating in a strike if he or she is actively engaged in a concerted work
			 stoppage, slow down or interruption, or if he or she is honoring the strike by
			 willful absence from his or her position or refusal to perform the duties of
			 his or her employment.
(C)
Sanctions
. If the striker is a parent, or is the only
			 child in the assistance unit, the entire assistance unit is ineligible. In all
			 other instances, only the individual participating in the strike is
			 ineligible.
(D)
Restoration of TAFDC Benefits
. At the end of a strike,
			 an otherwise eligible individual may ask for a reinstatement of TAFDC or apply
			 for TAFDC. The individual must verify that the strike has ended. Verification
			 shall be a written statement from either the collective bargaining
			 representative or the employer.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.160 - TAFDC Immunizations

Current through Register 1525, July 5, 2024
(A)
Requirement
. Each dependent child must be properly
			 immunized. Failure to immunize shall result in the grantee's ineligibility
			 unless there is good cause as specified in 106 CMR 703.160(B).
The dependent child's immunization must be verified at
				application, birth of a dependent child, and when the child turns age
				two.
The grantee has 60 days from the date of notification of this
				requirement to provide verification of immunization, or a written statement,
				signed by an appropriate health care provider, of the date immunizations have
				been scheduled.
If scheduled, the grantee must also submit a statement from the
				health care provider indicating the immunizations have been completed within 30
				days of the scheduled appointment.
(B)
Good Cause for Failure to
			 Comply with Immunization Requirement
. Good cause is limited as
			 follows:
(1) A grantee states in writing that
			 the immunizations conflict with his or her religious beliefs;
(2) A physician certifies in writing that the
			 child should not be immunized due to medical reasons; or
(3) A grantee states in writing that he or
			 she refused an immunization for a dependent child after consultation with a
			 physician due to his or her belief of a potential health risk from the
			 immunization.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.170 - TAFDC Learnfare

Current through Register 1525, July 5, 2024
(A)
Requirements
. A dependent child younger than 16 years
			 old must attend school regularly.
(1)
Submission of Quarterly School Attendance Verification
(a) A grantee must verify the dependent
			 child's attendance at a private school, public school or an approved home
			 school program, unless a grantee is disabled (
see
106 CMR
			 703.100) .
(b) Verification of the dependent child's
			 attendance must be submitted within 14 calendar days of the end of a school
			 quarter and include the number of unexcused absences in that
			 quarter.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.180 - TAFDC Teen Parent Eligibility

Current through Register 1525, July 5, 2024
Requirements
. The Department shall
				only provide TAFDC benefits to a teen parent and his or her dependent child
				when the teen parent:
(1) has
			 graduated from high school or received a High School Equivalency Test (HiSET)
			 certificate; is enrolled and attending full time a school not beyond high
			 school; is attending a full-time HiSET program or participating in an approved
			 training or employment-related activity for a total of 20 hours per week, if
			 living in a teen structured living program is meeting the requirements found in
			 106 CMR
			 703.181 and
			 703.183(A)(3);
			 and
(2) resides in one of the
			 following living arrangements:
(a) residing
			 with one of the following responsible adults:
1. his or her parents;
2. an adult 20 years of age or older who
			 meets the relationship requirement (
see
106 CMR
			 703.310) for the teen parent;
3. an adult 20 years of age or older who
			 meets the relationship requirement (
see
106 CMR
			 703.310) for the dependent child, except that
			 in the case of an unmarried teen parent, the other parent of the dependent
			 child will not meet the requirements of 106 CMR 703.180;
4. an approved foster parent; or
5. a legal guardian who is not the other
			 parent of the dependent child;
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.181 - TAFDC Teen Parent School Attendance

Current through Register 1525, July 5, 2024
[Note: 106 CMR 703.181 was formerly found at 106 CMR 203.610]
(A)
Requirements
.
(1) A
			 teen parent must:
(a) be a high school
			 graduate;
(b) be a graduate of a
			 High School Equivalency Testing (HiSET) program;
(c) be a full-time student not beyond high
			 school (which may include an approved alternative education program);
			 or
(d) be a full-time student in a
			 HiSET program and participate in an approved training or employment-related
			 activity for 20 hours per week, or, if living in a teen structured living
			 program, meeting those requirements (
see
106 CMR
			 703.183(A)(3))
			 .
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.182 - TAFDC Teen Parent Living with Responsible Adult

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) Except as stated in
			 106 CMR
			 703.183 and
			 703.184,
			 a teen parent and his or her dependent child must reside in one of the living
			 arrangements cited in
			 106 CMR
			 703.180(A)(2).
(2) A teen parent younger than 18 years old:
(a) must be included in the parent's
			 assistance unit when the parent receives TAFDC for siblings and/or half
			 siblings of the teen parent; and
(b) will have his or her financial
			 eligibility determined in accordance with
			 106
			 CMR 704.236:
Income from the
			 Parent(s) of a Teen Parent Younger than 18 Years Old for
			 TAFDC
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.183 - TAFDC Teen Parent Structured Residential Setting

Current through Register 1525, July 5, 2024
[Note: 106 CMR 703.183 was formerly found at 106 CMR 203.630]
(A)
Requirements
.
(1) A
			 teen parent must reside in a teen structured living program when the teen is
			 not living with one of the people cited in
			 106 CMR 703.180(2)
			  or cannot live alone as defined in
			 106 CMR
			 703.184 and the teen parent asserts that he
			 or she cannot live in the home of his or her parents because abuse, neglect,
			 substance abuse/addiction, or some other extraordinary circumstance is present
			 and is confirmed by the Department and the Department of Children and Families
			 (DCF); and The pregnant teen may reside in a teen structured living program at
			 any time during her pregnancy.
(2)
			 A teen parent placed in a teen structured living program must pay a portion of
			 his or her assistance grant for program fees. The amount is determined by the
			 teen structured living program.
(3)
			 The minimum obligations of a teen structured living program are as follows:
(a) require a teen parent to enroll and make
			 acceptable progress in a school not beyond high school or a HiSET program
			 unless he or she has a high school diploma or a HiSET certificate;
(b) require a teen parent to participate in
			 basic parenting skills, basic life skills classes, and pregnancy prevention
			 classes;
(c) provide necessary
			 rules and regulations to promote stability; and
(d) provide regular counseling sessions to
			 enhance the teen parent's self-esteem.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.184 - TAFDC Teen Parent Living Independently

Current through Register 1525, July 5, 2024
(A)
Requirements
. The Department may determine that a teen
			 parent may live on his or her own if he or she has the necessary educational
			 and vocational goals and acquired sufficient independent living skills and
			 parenting skills. A teen parent may live independently if he or she is:
(1) married and living with his or her
			 spouse; or
(2) unmarried, or
			 married and living apart from his or her spouse; and
(a) if younger than 18 years old, the
			 Department of Children and Families (DCF) confirms that there is no known
			 reason the teen parent cannot live independently, that the teen parent is a
			 graduate of a DCF independent living program, and the teen parent is:
1. a graduate of high school;
2. a graduate of a HiSET program;
3. attending school full-time not beyond high
			 school; or
4. attending a full-time
			 HiSET program and participating in an approved training or employment-related
			 activity for a total of 20 hours per week.
(b) if 18 or 19 years of age, and is:
1. a graduate of high school;
2. a graduate of a HiSET program;
3. attending school full-time not beyond high
			 school; or
4. attending a full-time
			 HiSET program and participating in an approved training or employment-related
			 activity for a total of 20 hours per week; or
(c) if 17 years of age, DCF or a DCF vendor
			 has assessed both the home of the teen's parents and the teen's current living
			 situation and finds that the teen parent cannot return to the parent's home,
			 and the current living environment poses no apparent health or safety risks to
			 the teen parent or his or her dependent child.
DCF shall make this determination based on the
				following:
1. the principal of the
			 school or the HiSET vendor states that the teen parent is making satisfactory
			 progress toward a diploma or certificate, or is a high school graduate or a
			 graduate of a HiSET program;
2. if
			 the teen parent is the subject of an open DCF case, the DCF case worker
			 determines that the teen parent should be permitted to live on his or her own
			 rather than in a structured living program;
3. the teen parent has an established,
			 stable, quality child care arrangement; and
4. the teen parent has an established
			 relationship with a teen parenting program and the program agrees that the teen
			 parent can continue living on his or her own.
The DTA Commissioner or designee will review the recommendation
				of DCF and approve or deny the independent living arrangement of the teen
				parent.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.190 - TAFDC Disability Exemption Process

Current through Register 1525, July 5, 2024
(A)
Requirements
.
(1) For
			 a parent to be considered disabled for TAFDC purposes, his or her medical
			 impairment must meet or equal the Social Security Disability standards in
			 accordance with 20 CFR Part 416 , Subpart I (the Social Security Disability
			 standard), or meet or equal the Social Security Disability standard except that
			 the medical impairment must only have lasted or is expected to last for a
			 continuous period between 90 days and 12 months.
(2) The applicant or client must apply for
			 Social Security Disability benefits in accordance with
			 106
			 CMR 702.710:
SSI and SSP
			 Benefits
: SSI Benefits and appeal any denials at the Social Security
			 Administration, if requested to by the Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.191 - EAEDC Disablity Process

Current through Register 1525, July 5, 2024
(A) An EAEDC
			 applicant or client younger than 65 years old is disabled if he or she has an
			 impairment or combination of impairments that is expected to last 60 days or
			 more and that substantially reduces or eliminates the applicant's or client's
			 ability to support himself or herself.
An applicant or client shall be considered as having such an
				impairment or combination of impairments if he or she:
(1) has an impairment or combination of
			 impairments verified by a competent medical authority as defined in
			 106 CMR
			 701.600:
Definition of
			 Terms
, on a medical report prescribed by the Department, which meets
			 the requirements of 106 CMR 703.191(D). The competent medical authority and the
			 agency or organization under contract/agreement with the Department to provide
			 disability evaluation services (hereafter referred to as the Department's
			 agent), when required, determines that the impairment:
(a) meets a standard as specified in
			 106 CMR
			 703.192;
(b) is included in the SSI Listing of
			 Impairments as specified in 20 CFR, Part 404 , Subpart P, Appendix 1;
			 or
(c) substantially reduces or
			 eliminates the applicant's or client's ability to support himself or herself
			 when consideration is given to the vocational factors as specified in
			 106 CMR
			 703.193; or
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.192 - EAEDC Medical Standards

Current through Register 1525, July 5, 2024
(A)
Musculoskeletal System
.
(1)
Arthritis of Any Major Joint
			 (Hips, Knees, Hands or Feet)
. Arthritis of any major joint must be
			 substantiated by:
(a) the presence of three or
			 more of the following clinical findings lasting for more than 15 days and
			 expected to last for at least 30 days:
1.
			 pain;
2. swelling;
3. tenderness;
4. warmth;
5. redness;
6. stiffness; or
7. limitation of motion; and