reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.910 - Benefit Access Cards

Current through Register 1525, July 5, 2024
(A)
Requirements
. The individual authorized to access the
			 household's SNAP benefits shall have an Electronic Benefit Transfer (EBT) card
			 issued by the Department. This individual may be the primary applicant, another
			 household member or an authorized representative. When an EBT card is issued to
			 someone other than the individual in whose name the SNAP benefits are issued,
			 the EBT shall contain the name of the individual in whose name the SNAP
			 benefits are issued and the name of the individual authorized to access the
			 SNAP benefits. If requested by the individual in whose name the SNAP benefits
			 are issued, an EBT card may be issued to both the head of household and the
			 individual authorized to access the SNAP benefits.
The primary applicant and/or the individual authorized to
				access the SNAP benefits must be informed that the Department may conduct
				matches authorized by law for the purposes of verifying eligibility and the
				effective administration of the Department's programs.
(B)
Emergency EBT
			 Cards
. Emergency EBT Cards shall be issued to the individual in
			 whose name the SNAP benefits are issued, or the authorized representative. When
			 the Department is unable to issue an initial or replacement EBT card because
			 the Department's card issuance system is not functioning, the Emergency EBT
			 Card will be valid for five days.
(C)
Replacement Fee
. The Department may charge a fee to replace EBT Cards. This fee shall be
			 deducted directly from the recipient's cash assistance benefits, if any. If no
			 cash assistance benefits are available, the Department may deduct the fee from
			 the recipient's SNAP benefits.
106 CMR 364.910(C) does not apply to disaster SNAP EBT cards
				issued in accordance with
				106 CMR
				366.620(B)(4).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.945 - The Standard Utility Allowances (SUA)

Current through Register 1525, July 5, 2024
The Standard Utility Allowances (SUAs) are updated periodically
				using a methodology approved by the (USDA/FNS). The SUA standards are posted at
www.mass.gov/dta
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.946 - Disaster SNAP Maximum Gross Monthly Income and Asset Standard

Current through Register 1525, July 5, 2024
The Disaster SNAP Maximum Gross Monthly Income and Asset
				Standards are based on household size and are adjusted annually by USDA/FNS.
				These standards are posted at
www.mass.gov/dta
. Paper copies are
				available upon request.
For more details on the Disaster SNAP Program,
see
106 CMR
				366.600:
Disaster
				Certification.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.950 - Maximum Gross Monthly Income Standards

Current through Register 1525, July 5, 2024
The Maximum Gross Monthly Income Standards are based on
				household size and are adjusted annually by USDA/FNS. These standards are
				posted at
www.mass.gov/dta
.
For more details on determining eligibility based on gross
				income,
see
106 CMR
				364.370.
Public Assistance categorically eligible households do not have
				to meet the gross income eligibility standards. SNAP-only TANF Services
				Households are subject to the Gross Monthly Categorical Eligibility Standards
				at
				106 CMR
				364.976.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.970 - Maximum Allowable Monthly Net Income Standards

Current through Register 1525, July 5, 2024
The Maximum Allowable Net Income Standards are based on
				household size and are adjusted annually by USDA/FNS. These standards are
				posted at
www.mass.gov/dta
.
For more details on determining eligibility based on net
				income,
see
106 CMR
				364.550.
Public Assistance categorically eligible households do not have
				to meet either the gross or net income eligibility standards. SNAP-only TANF
				Services Households are subject to the Gross Monthly Categorical Eligibility
				Standards at
				106 CMR
				364.976.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.975 - Standards for Special Circumstances Involving an Elderly and Disabled Individual

Current through Register 1525, July 5, 2024
The Standards for Special Circumstances Involving an Elderly
				and Disabled Individual are based on household size and are adjusted annually
				by USDA/FNS. These standards are posted at
www.mass.gov/dta
.
For more details on determining eligibility for special
				situations involving an elderly and disabled individual,
see
106 CMR
				361.200(B)(4)(a) and
				(b).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.976 - Gross Monthly Categorical Eligibility Income Standards

Current through Register 1525, July 5, 2024
The Gross Monthly Categorical Eligibility Standards are based
				on household size and are adjusted annually based on the federal poverty level.
				These standards are posted at
www.mass.gov/dta
.
For more details on determining categorical eligibility,
see
106 CMR
				365.180:
Categorically Eligible
				Assistance Units.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 364.000 - Supplemental Nutrition Assistance Program: Determining Household Eligibility and Benefit Level › Section 364.980 - SNAP Issuance Tables

Current through Register 1525, July 5, 2024
A client who is eligible for SNAP benefits will receive 100% of
				the SNAP benefit allotment listed in the Program Issuance Tables.
The standards in the SNAP Issuance Tables are based on
				household size and are adjusted annually by USDA/FNS. These standards are
				posted at
www.mass.gov/dta
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.030 - Introduction

Current through Register 1525, July 5, 2024
106 CMR 365.000 contains
				the SNAP policy and certification procedures for special situation households.
				Special certification procedures are prescribed when a household's receipt of
				income or other circumstances are substantially different from the typical SNAP
				household. These procedural deviations are intended to minimize any undue
				advantage or disadvantage to a household as a result of their unusual
				circumstances. Some examples of these procedural deviations are as
				follows:
(A) Averaging the income for
			 certain self-employed individuals and seasonal employees instead of considering
			 only that part of their income expected to be received during the certification
			 period. Likewise, certain student income is averaged over the period it is
			 intended to cover;
(B) Allowing
			 self-employed and student households deductions for certain expenses paid prior
			 to the certification period in addition to those expenses paid during the
			 certification period;
(C) Requiring
			 residents of drug or alcoholic treatment and rehabilitation centers to apply
			 for and use SNAP benefits through an authorized representative;
(D) Requiring households eligible for
			 expedited service to provide verification of identity but also allowing for
			 immediate certification and issuance for these households; and
(E) Certifying households even if they
			 include ineligible individuals, whether the ineligible individual is a
			 non-household member or a disqualified non-household member. The case manager
			 must evaluate the income and resources available to these households
			 differently depending on whether the ineligible individual is a
			 non-disqualified non-household member or a disqualified non-household
			 member.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.110 - Definition of a Public Assistance (PA) Household

Current through Register 1525, July 5, 2024
PA households are those households in which all members receive
				a cash grant under one of the following programs: Transitional Aid to Families
				with Dependent Children (TAFDC), or Emergency Aid to the Elderly, Disabled, and
				Children (EAEDC). Even though a TAFDC Full Employment Program (FEP) household
				may not receive a cash grant, the household will be considered a PA
				household.
The following households will also be considered PA
				households:
(1) households including
			 an SSI recipient(s) when all the other members receive cash assistance under
			 TAFDC, or EAEDC; and
(2) households
			 including a child(ren) born after the Family Cap Date who is not included in
			 the TAFDC grant when all other household members receive cash assistance under
			 TAFDC, or EAEDC.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.130 - Work Requirements for PA Households

Current through Register 1525, July 5, 2024
Cash assistance recipients are exempt from the SNAP Program
				Work Requirements if subject to and complying with a cash assistance work
				requirement. PA households shall not receive an increase in SNAP benefits if a
				household member refuses to comply with the TAFDC or EAEDC work
				requirements.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.140 - Certification Period for PA Households

Current through Register 1525, July 5, 2024
PA households shall be assigned a 12-month certification
				period. The certification period shall expire the month following the
				households's next scheduled PA redetermination or at the end of the 12-month
				certification period, whichever occurs first.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.150 - Recertification Requirements for PA Households

Current through Register 1525, July 5, 2024
PA households shall be recertified for SNAP benefits, to the
				extent possible, at the same time they have their eligibility reviewed for the
				cash assistance program. If a PA household has not had its PA eligibility
				reviewed by the end of the 11th month following its
				initial SNAP certification or last eligibility review, a Notice of SNAP
				Termination shall be sent to the household.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.160 - Change Reporting Requirements for PA Households

Current through Register 1525, July 5, 2024
Except for changes in grant amounts, PA households are subject
				to the same reporting requirements as SNAP Change Reporting households
				specified in
				106 CMR
				366.110:
Household Reporting
				Responsibilities
and shall use the SNAP Change Report Form. PA
				households that report a change in circumstances to the PA worker shall be
				considered to have reported the change for SNAP purposes.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.180 - Categorically Eligible Households

Current through Register 1525, July 5, 2024
(A)
			 The following SNAP households are categorically eligible:
(1) Any SNAP household in which all members
			 receive or are authorized to receive SSI and/or Emergency Aid to the Elderly,
			 Disabled and Children (EAEDC) benefits;
(2) Any SNAP household in which all members
			 receive or are authorized to receive TAFDC benefits;
(3) Any SNAP household in which all members
			 receive or are authorized to receive a combination of benefits listed in 106
			 CMR 365.180(A)(1) or (2);
(4)
			 SNAP-only Temporary Assistance for Needy Families (TANF) Service Family
			 Households which include SNAP households:
(a)
			 consisting solely of a pregnant woman;
(b) with a child younger than 19 years old
			 living with a parent;
(c) with a
			 child younger than 19 years old living with a caretaker relative; and
(d) with a child younger than 19 years old
			 living with an adult caretaker exercising SNAP parental control pursuant to
			 106 CMR
			 361.200(A)(2):
Parental Control Rule
.
These households must meet the Gross Monthly Categorical
				Eligibility Income Standards at
				106 CMR
				364.976:
Gross Monthly Categorical
				Eligibility Income Standards
;
(5) SNAP-only TANF Service Elder/Disabled
			 Households which include SNAP households consisting solely of non-SSI elders
			 (60 years of age or older) and/or disabled individuals in accordance with SNAP
			 disability standards at
			 106 CMR
			 361.210:
Elderly or Disabled
			 Individuals
. These households must meet the Gross Monthly Categorical
			 Eligibility Income Standards at
			 106 CMR
			 364.976:
Gross Monthly Categorical
			 Eligibility Income Standards
; and
(6) SNAP-only TANF Service Adult Households
			 include SNAP households consisting solely of adults between 19 and 59 years of
			 age. These households must meet the Gross Monthly Categorically Eligibility
			 Income Standards at
			 106 CMR
			 364.976:
Gross Monthly Categorical
			 Eligibility Income Standards
.
For purposes of 106 CMR 365.180(A)(1) through (3), authorized
				to receive means that an individual has been determined eligible for benefits
				and has been notified of this determination, even if benefits have been
				authorized but not received, authorized but not accessed, suspended or
				recouped, or not paid because they are less than a minimum amount.
For purposes of 106 CMR 365.180(A)(4) through (6), a TANF
				Service includes receipt of the Commonwealth of Massachusetts' Help for Those
				in Need: A Resource Brochure.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.190 - Transitional Benefits Alternative

Current through Register 1525, July 5, 2024
When certain TAFDC households close, the Department provides
				Transitional Benefits Alternative (TBA) SNAP benefits for five months.
(A)
Determining the TBA Benefit
			 Amount
. The Department will determine the TBA amount by
			 recalculating the SNAP benefit without counting new income such as wages. The
			 Department will count only the income the household had in the month the
			 household's TAFDC benefits stopped, excluding the TAFDC grant.
For TBA purposes, closed cash cases with an associated NPA SNAP
				household will have their Transitional Support Services (TSS) income excluded
				when determining the SNAP benefit amount.
If at the time of the TAFDC closing, the household reports a
				change(s), the Department will recalculate the SNAP benefits.
(1) If the recalculated SNAP benefit amount
			 is less than or equal to the TBA amount, the Department will pay the TBA
			 amount.
(2) If the recalculated
			 SNAP benefit amount is greater than the TBA amount, the Department will
			 recertify the household and pay the increased SNAP benefit amount.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.200 - Households with Boarders Who Are Not Household Members

Current through Register 1525, July 5, 2024
The amount of payment a household receives from a boarder who
				is not a household member shall be considered self-employment income to the
				household and handled in accordance with the instructions in 106 CMR 365.200.
				Instructions for handling those households which own and operate a commercial
				boarding house as stated in
				106 CMR
				365.900.
When determining a household's eligibility and benefit level,
				boarders who are not members of the household shall have none of their income
				and resources considered available to the household.
(A)
Income from
			 Boarders
. All direct payments to the household for room and meals,
			 including contributions to the household's shelter expenses, shall be
			 considered earned income to the household. Shelter expenses paid directly to a
			 third party outside of the household, such as a landlord, shall not be counted
			 as income to the household.
(B)
Cost of Doing Business
. After determining the income
			 the household receives from boarders, the worker shall exclude from the income
			 that portion which is the cost of doing business. The cost of doing business
			 shall be equal to either of the following:
(1) The maximum allotment for a household
			 size that is equal to the number of boarders; or
(2) The actual documented cost of providing
			 lodging and meals if the actual cost exceeds the amount of 106 CMR
			 365.200(B)(1). If actual costs are used, only separate and identifiable costs
			 of providing lodging and meals to boarders can be excluded.
However, the amount allowed as a cost of doing business can
				never exceed the amount of payment the household receives from the
				boarder.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.400 - Resident Farm Laborers, Migrant Farm Laborers, Migrant Households and School Employees

Current through Register 1525, July 5, 2024
Because of the way resident and migrant farm laborers, migrant
				households and certain school employees receive income, special certification
				procedures are required.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.410 - Resident Farm Laborers

Current through Register 1525, July 5, 2024
Resident farm laborers may work for one employer or for a
				number of employers during the year. The certification procedures for these
				households differ depending on how the household receives income.
(A)
Stable Income
.
			 Some farm laborers are employed for the entire year and receive a regular
			 monthly salary. These households can be certified for up to one year if its
			 circumstances are not likely to change.
(B)
Irregular
			 Income
.
(1)
One
			 Employer
. In some instances a farm laborer household resides year
			 round on one farm, but is paid only during the work season. During the non-work
			 season, the household may receive advance or deferred payments. The worker may
			 have some difficulty in assigning an income figure to the farm worker whose
			 income is high during the work season and correspondingly low during the
			 non-work season when income is only from advance or deferred payments. Since
			 the variation in income between the two cycles may be quite substantial,
			 averaging income over the certification period might inhibit households from
			 participating during the non-work period of low income. Even if income is
			 prorated unevenly over the certification period to account for such variations,
			 the income figure assigned during the low period might not be truly
			 representative of the actual cash available to the household. For this reason,
			 consideration should be given to certifying the household for lesser periods to
			 take into account the income actually available to the household.
(2)
More than One
			 Employer
. Farm laborer households which reside on one farm year
			 round, but do not receive advance or deferred payments will most likely have
			 income from another source during the non-work season. These households should
			 be assigned shorter certification periods in accordance with the predictability
			 of the receipt and amount of income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.420 - Migrant Farm Laborers

Current through Register 1525, July 5, 2024
(A)
Definition
. Seasonal migrant farm laborers are
			 individuals who move from one region or locale to another to engage in or seek
			 seasonal farm, land, or crop cultivation activities.
(B)
Assets
. Special
			 care should be taken in dealing with migrants to determine if there are
			 out-of-state assets or income from real property in the migrant's home-base
			 area. For example, a migrant, who claims Texas as a home-base area and who is
			 applying for SNAP in Massachusetts should be asked about the assets in both
			 Texas and Massachusetts. Each applicant household is permitted one home and lot
			 as an exemption from assets. If the applicant has a home and lot in Texas and
			 does not own a residence in Massachusetts, the Texas home will be exempt as an
			 asset. Shelter costs for the home when not occupied by the household because of
			 employment may be allowed under certain circumstances. To be included in the
			 household's shelter costs, the household must intend to return; the home must
			 not be leased or rented; and the current occupants of the home, if any, must
			 not be claiming the shelter costs for SNAP purposes. Verification requirements
			 for expenses of the home not occupeid by the client are discussed in
			 106
			 CMR 364.450(B):
Other Expenses
. The worker should explore the possibility that
			 out-of-state real property is being rented or is producing income in some way.
			 If such property is producing income, such income must be added to all other
			 household income in determining eligibility and basis of issuance.
(C)
Income
. Migrant
			 households are subject to the normal income eligibility standards.
(D)
Expedited
			 Service
. Migrant households may be eligible for expedited
			 certification and issuance in accordance with
			 106 CMR
			 365.800.
(E)
Work
			 Registration
. Employable members of migrant households who are not
			 employed at least 30 hours a week or receiving weekly earnings equal to the
			 Federal minimum wage multiplied by 30 hours must register for and accept
			 suitable employment as specified in
			 106 CMR
			 362.310:
SNAP Employment and Training
			 Program
and 362.320:
SNAP Work Program
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.430 - School Employees

Current through Register 1525, July 5, 2024
Teachers and other school employees who work under a renewable
				annual contract will be considered to be receiving compensation for an entire
				year even though pre-determined non-work periods are involved and actual
				compensation is paid during the work periods only.
(A)
Annual Contract
.
(1)
Contract
			 Renewal
. The renewal process may involve signing a new contract
			 each year, automatic renewal, or, as in cases of school tenure, rehire rights
			 may be implied and thus preclude the use of a written contract
			 altogether.
(2)
Work -
			 Non-work Cycle
. The fact that a contract is in effect for an
			 entire year does not mean that the contract will stipulate work every month of
			 the year. Rather, there may be certain predictable non-work periods or
			 vacations, such as the summer break between school years.
(3)
Income
. Income
			 from an annual contract will be considered as compensation for a full year
			 regardless of the frequency of compensation whether stipulated in the terms of
			 the contract, determined at the convenience of the employer, or determined at
			 the wish of the employee.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.500 - Households Living with Nonhousehold Members

Current through Register 1525, July 5, 2024
Nondisqualified nonhousehold members as defined in
				106 CMR 361.230(A) through
				(C) and (E) shall be treated in accordance
				with
				106 CMR
				365.510.
Disqualified nonhousehold members as defined in
				106 CMR
				361.230(D):
Disqualified Individuals
shall be considered in accordance
				with
				106 CMR
				365.520.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.510 - Nondisqualified Nonhousehold Members

Current through Register 1525, July 5, 2024
Nondisqualified nonhousehold members shall be treated in
				accordance with the provisions of 106 CMR 365.510(A) through (C). If otherwise
				eligible, nondisqualified nonhousehold members may be eligible as separate SNAP
				households.
(A)
Applying
			 Financial Eligibility Standards
The income and resources of the
			 nondisqualified nonhousehold member shall not be considered available to the
			 household.
(1) However, cash payments from
			 the nonhousehold member to the household shall be considered countable income
			 to the household.
(2) Vendor
			 payments made by the nonhousehold member on behalf of the household shall be
			 excluded as income to the household.
(3) If the SNAP household shares deductible
			 expenses with a nonhousehold member, only the amount actually paid or
			 contributed by the SNAP household shall be deducted as a household expense. If
			 the payments or contributions cannot be differentiated, the expenses shall be
			 prorated evenly among all household members including the nonhousehold
			 member(s) and only the SNAP household's prorated share deducted.
(4) For certain cases, the earned income of a
			 household and the earned income of a nonhousehold member are combined into one
			 wage. If the household's share can be identified, that portion shall be
			 included in the household's earned income. If the household's share cannot be
			 identified, the earned income shall be prorated among all those whom it was
			 intended to cover and the portion attributed to household members shall be
			 included in the household's earned income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.520 - Disqualified Nonhousehold Members

Current through Register 1525, July 5, 2024
(A)
			 Nonhousehold members disqualified for any reason in
			 106 CMR
			 367.800: failing to comply with the SNAP Work
			 Program; failing to comply with the requirement to provide and verify a Social
			 Security number at
			 106 CMR
			 362.500:
Social Security
			 Numbers
; or disqualified due to an undetermined noncitizen status,
			 nonimmigrant noncitizen status or Not Legally Residing noncitizen status shall
			 be treated as follows:
(1)
Assets
. For noncategorical households, the countable
			 assets of a disqualified nonhousehold member shall continue to count in their
			 entirety for the remaining household members.
(2)
Income
. The
			 countable income of a disqualified nonhousehold member shall continue to count
			 in its entirety for the remaining household members.
(3)
Deductible
			 Expenses
. A disqualified nonhousehold member's expenses, as listed
			 in
			 106 CMR
			 364.400:
Determining
			 Deductions
, shall continue to be deductible from the income of the
			 remaining household members.
(4)
Eligibility and Benefit Levels
. A disqualified
			 nonhousehold member shall not be included in determining the household's size
			 except when calculating the household's entitlement. In no instance shall this
			 disqualification result in an increased SNAP benefit for the remaining
			 household members.
(5)
Action Required
. When a household's benefits are
			 reduced or terminated because one of its members has been disqualified for any
			 of the reasons described in
			 106 CMR
			 367.800:
Disqualification
			 Penalties
; failing to comply with the SNAP Work Program; failing to
			 comply with the requirement to provide and verify a social security number at
			 106 CMR
			 362.500:
Social Security
			 Numbers
; or due to an undetermined noncitizen status, nonimmigrant
			 noncitizen status, or not legally residing noncitizen status, the Department
			 shall notify the remaining members of their eligibility and benefit level at
			 the same time the nonhousehold member being disqualified is notified of the
			 disqualification. The household is not entitled to a Notice of Adverse Action,
			 but may request a fair hearing to contest the reduction or the termination of
			 benefits, unless the household has already had a fair hearing consolidated with
			 an ADH regarding the amount of the claim, or the household has filed a signed
			 waiver in accordance with
			 106 CMR 367.660:
Waiver of an ADH
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.550 - Residents of Shelters for Battered Individuals and Their Children

Current through Register 1525, July 5, 2024
106 CMR 365.550 and the special provisions it contains, apply
				only to individuals residing in shelters for battered individuals and their
				children to whom the shelters provide meals.
(A)
Definition
. A
			 shelter for battered individuals and their children is defined as a public or
			 private nonprofit facility that provides meals and lodging to battered
			 individuals and their children. If a facility also serves other individuals, a
			 portion of that facility must be set aside on a long-term basis to house only
			 battered individuals and their children.
Shelters that are authorized by the Food and Nutrition Service
				(FNS) of USDA to redeem SNAP benefits at a wholesale food store meet this
				definition. No further assessment of the eligibility of these centers is
				necessary.
(B)
Household Definition
. Individuals or individuals with
			 their children residing in a shelter shall be considered individual household
			 units for the purpose of applying for and participating in the
			 program.
(C)
Residency
			 and Participation
. The restrictions in
			 106 CMR 362.100:
Residency
which prohibit an individual from participating as a
			 member of more than one household or in more than one state in any given month
			 do not apply to certain shelter residents. A shelter resident certified as a
			 member of a household that contains the person who subjected him or her to
			 abuse may apply for and, if eligible, receive an additional SNAP allotment as a
			 separate household. Residents may receive an additional allotment as a separate
			 household only once a month.
The Department shall take action to adjust the benefits of the
				resident's former SNAP household either by shortening that household's
				certification period and issuing a Notice of SNAP Termination (
				106 CMR
				364.840:
Notice of SNAP
				Termination
) or by acting on the reported change and issuing a Notice
				of Adverse Action (
				106 CMR
				364.860:
Notice of Adverse
				Action
).
(D)
Financial Eligibility and Deductible Expenses
. Shelter
			 residents who apply as separate households shall be certified solely on the
			 basis of their income, assets, and the shelter expenses for which they are
			 liable. The income, assets, and shelter expenses of their former household
			 shall be disregarded. Assets held jointly with members of the former household
			 shall be handled in accordance with
			 106 CMR
			 363.120:
Jointly-owned
			 Assets
. Room payments to the shelter shall be considered shelter
			 expenses.
(E)
Expedited
			 Processing
. Residents who are otherwise entitled to expedited
			 certification and issuance shall be issued benefits in accordance with
			 expedited issuance standards set forth in
			 106 CMR
			 364.900(A):
Initial
			 SNAP Benefit Issuance
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.600 - Residents of Drug and Alcohol Treatment Centers

Current through Register 1525, July 5, 2024
Individuals, with or without their children, living in drug or
				alcohol treatment centers who are considered residents of institutions as
				specified
				106 CMR
				361.240:
Ineligible
				Households
may be eligible to participate in SNAP.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.605 - Residents of Group Living Arrangements

Current through Register 1525, July 5, 2024
Residents of group living arrangements who are considered
				residents of institutions as defined in
				106 CMR
				361.240:
Ineligible
				Households
may be eligible to participate in the SNAP
				Program.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.610 - Drug and Alcohol Treatment Centers

Current through Register 1525, July 5, 2024
A drug or alcohol treatment and rehabilitation program is one
				that is managed by a publicly operated community mental health facility under
				part B of Title XIX of the Public Health Service Act or by a private nonprofit
				organization or institution. The center shall receive and spend the SNAP
				benefit allotment for food prepared by and/or served to residents and their
				children.
Residents of drug or alcohol treatment centersshall apply and
				be certified for SNAP benefits on their own behalf. The resident must authorize
				the transfer of their monthly SNAP benefit allotment to the center through the
				use of an on-site Point of Sale (POS) Terminal or Electronic Benefit Transfer
				(EBT) Manual Voucher System.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.630 - Certification of Residents of Group Living Arrangements and Treatment Centers

Current through Register 1525, July 5, 2024
(A)
Application Processing
.
(1)
Expedited
			 Service
. Residents of drug or alcohol treatment and rehabilitation
			 centers and group living arrangements may be eligible for expedited service in
			 accordance with
			 106 CMR
			 365.800. Eligibility of the facility, as
			 defined in
			 106 CMR
			 365.610 and
			 365.620,
			 shall be verified before providing expedited SNAP benefits.
(2)
Normal Processing
			 Standards
. When normal processing standards apply, the case
			 manager must complete the verification and documentation requirements before
			 making an eligibility determination for the initial application.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.640 - Treatment Center and Group Living Arrangement Responsibilities

Current through Register 1525, July 5, 2024
(A)
Monthly Reports
. Each treatment center and group
			 living arrangement shall give the Department a monthly list of currently
			 participating residents. This list shall include a statement signed by a
			 responsible facility official attesting to the validity of the list.
(B)
Reporting
			 Changes
. Treatment centers and group living arrangements, when
			 acting as an authorized representative, shall notify the Department of changes
			 in the resident household's income or other circumstances. The facility shall
			 also immediately notify the Department when a resident leaves the
			 facility.
(C)
Actions
			 When a Resident Leaves the Facility
.
(1) When a resident leaves a treatment center
			 or a group living arrangement that is acting as the resident's authorized
			 representative, 106 CMR 365.640(C)(1)(a) through (d) apply:
(a) If a household leaves the facility after
			 the SNAP benefits are received and transacted, the facility shall provide the
			 household with its full monthly allotment if no SNAP benefits have been used on
			 behalf of that household. This applies at any time during the month.
(b) If a household leaves the facility before
			 it is midway through their cyclical month and SNAP benefits have been spent on
			 behalf of the household, the facility shall provide the household with ½
			 of its monthly allotment.
(c) If a
			 household leaves the facility on or after midway through their cyclical month
			 and any SNAP benefits have been spent on behalf of the household, the facility
			 shall not provide the household with any additional SNAP benefits for that
			 monthly allotment.
(d) Once a
			 household leaves, the facility is no longer allowed to act as that household's
			 authorized representative.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.650 - Liability of Facility as Authorized Representative

Current through Register 1525, July 5, 2024
(A)
Misrepresentation or
			 Fraud
. The organization or institution is responsible for any
			 misrepresentation or fraud which it knowingly commits in the certification of
			 residents. As an authorized representative, the organization or institution
			 must be knowledgeable about the household's circumstances and should carefully
			 review those circumstances prior to applying on its behalf. The organization or
			 institution is strictly liable for all losses or misuse of SNAP benefits used
			 on behalf of resident households and for all overissuances which occur while
			 the households are residents of the facility.
(B)
Claims for
			 Overissuances
. Whenever an overissuance is discovered, whether by
			 the worker, the Department, or the United States Department of Agriculture
			 (USDA), a claim determination shall be established against the organization or
			 institution to recover the value of the overissuance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.660 - Facility Penalties and Disqualifications

Current through Register 1525, July 5, 2024
USDA may disqualify or penalize an organization or institution
				if it is determined administratively or judicially that SNAP benefits were
				misappropriated or used for purchases that did not contribute to a certified
				household's meals. The worker shall promptly notify SNAP Management, 600
				Washington Street, Boston, MA 02111, when there is reason to believe that an
				organization or institution is misusing SNAP benefits in its possession.
				However, the Department shall not take any action against the organization or
				institution before USDA takes action.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.670 - Disqualified Treatment Centers and Group Living Arrangements

Current through Register 1525, July 5, 2024
The Department shall suspend the authorized representative
				status of any treatment center or group living arrangement that is disqualified
				by USDA. The authorized representative status shall remain suspended for as
				long as the facility is disqualified.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.680 - Loss of State Agency Certification

Current through Register 1525, July 5, 2024
A drug/alcoholic treatment center or a group living arrangement
				that loses its State agency certification may not participate in
				SNAP.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.690 - Residents of Disqualified and Decertified Facilities

Current through Register 1525, July 5, 2024
(A)
Drug/Alcoholic Treatment
			 Centers
. Residents of a drug/alcoholic treatment center that has
			 its status as an authorized representative suspended or loses its State agency
			 certification are ineligible to participate in SNAP.
(B)
Group Living
			 Arrangements
. Residents of a group living arrangement that has its
			 status as an authorized representative suspended or loses its State agency
			 certification shall be ineligible unless they apply and are certified on their
			 own behalf. These residents may still participate if otherwise eligible.
			 However, SNAP benefits may not be turned over to said facility either to
			 purchase food or for meals.
(C)
Notice to Residents
. Residents whose eligibility is
			 terminated because the facility in which they live loses its State agency
			 certification or has its status as an authorized representative suspended are
			 not entitled to advance notice of adverse action. However, they shall receive a
			 Notice of Ineligibility explaining the termination and when it will be
			 effective.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.700 - Students

Current through Register 1525, July 5, 2024
A student is an individual enrolled in any kindergarten, grade
				school, vocational school, technical school, training program, college or
				university at least half-time as defined by the institution. A student's status
				is not altered during temporary periods of time in which the school is not in
				session, such as summer vacations or semester breaks, provided he or she is
				enrolled for the next regular session.
There are special procedures for the handling student income
				and the determination of eligibility. While such procedures are of primary
				importance in the certification of households consisting solely of students or
				where the student is the head of household, these special handling procedures
				are equally applicable to households where the student is a dependent
				member.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.730 - Assets

Current through Register 1525, July 5, 2024
Student households are subject to the asset eligibility
				standards set forth in
				106 CMR 363.000 through
				363.150. In
				determining the assets of students, deferred payment loans and other monies
				that have been averaged as income as specified in
				106 CMR 365.740 shall not
				be counted as an asset.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.740 - Income

Current through Register 1525, July 5, 2024
Students as a rule have extremely uneven cash flows and have
				sources of income not normally available to other households.
(A)
Income for Educational
			 Purposes
. Income for educational purposes includes scholarships,
			 fellowships, educational grants, deferred payment loans for education,
			 veterans' educational benefits and the like.
(B)
Excluded Educational
			 Expenses
.
(1) The income
			 described in 106 CMR 365.740(A) is excluded to the extent that it is made
			 available for tuition, mandatory school fees, origination fees and insurance
			 premiums on student loans, books, supplies, transportation, and any other
			 expenses necessitated by school attendance, in accordance with
			 106 CMR
			 363.230(D):
Educational Loans, Grants and Scholarships
, at an institution
			 of post-secondary education, a vocational or technical school at any level, a
			 program that provides for completion of a secondary school diploma or the
			 equivalent, or a school at any level for the physically or mentally
			 disabled.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households › Section 365.800 - Expedited Service

Current through Register 1525, July 5, 2024
Each local office shall designate personnel to screen each
				application on the day it is made so that a determination can be made on that
				day as to whether the household is entitled to expedited service.
The expedited service households described in
				106 CMR
				365.810 are the only households entitled to
				expedited service at initial certification. These households may be entitled to
				expedited service at recertification if, before provision of expedited service,
				they have either:
(1) completed any
			 verification requirements postponed at the last provision of expedited service;
			 or
(2) been certified on a
			 non-expedited basis since the last provision of expedited service in accordance
			 with
			 106 CMR
			 365.810.
A household not entitled to expedited service shall have its
				application processed according to normal processing
				standards.