reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.110 - General Medical Care

Current through Register 1525, July 5, 2024
All cash grantees receive MassHealth cards, which may be used
				to obtain medical services for the listed members of his or her assistance
				units, subject to MassHealth regulations of the Division of Medical
				Assistance.
The Department must provide the grantee with information about
				where to obtain medical care, if necessary.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.130 - Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT)

Current through Register 1525, July 5, 2024
The purpose of EPSDT is to provide all persons in the
				assistance unit younger than 21 years old the opportunity for preventive health
				care, including medical checkups, immunizations, and dental checkups. A full
				description of the EPSDT program is provided in MassHealth regulations of the
				Division of Medical Assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.140 - Family Planning Referrals

Current through Register 1525, July 5, 2024
The purpose of family planning is to help members of the
				assistance unit obtain counseling and medical services related to having or not
				having children. Participation in this is voluntary. All TAFDC clients are
				eligible for family planning referrals and must be informed of the program.
				MassHealth pays for medical services related to family
				planning.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.160 - Reimbursement of Certain Clients for Out-of-pocket Expenses

Current through Register 1525, July 5, 2024
(A)
Requirements
.
			 The following individuals shall be entitled to reimbursement by MassHealth for
			 certain medical expenses:
(1) An individual
			 who:
(a) was denied SSI benefits by the
			 Social Security Administration (SSA); and
(b) the initial SSA decision was overturned
			 through the reconsideration process, administrative hearing, Appeals Counsel
			 review, Federal Court review, or reopening under SSA rules on administrative
			 finality.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.200 - Supplemental Nutrition Assistance Program (SNAP)

Current through Register 1525, July 5, 2024
The purpose of SNAP is to ensure adequate nutrition for low
				income households. The program is administered by the
				Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.210 - Obtaining SNAP

Current through Register 1525, July 5, 2024
(A) An applicant or
			 client may also apply for and be eligible for SNAP benefits. The worker must
			 ask whether the applicant wants to apply for SNAP, and if so, must ensure that
			 the application is processed appropriately. When all the members of the SNAP
			 household are receiving TAFDC and/or SSI benefits, the household is
			 categorically eligible for SNAP.
See
106 CMR
			 365.180:
Categorically Eligible
			 Households
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.220 - Amount of Supplemental Nutrition Assistance Program (SNAP) Benefits

Current through Register 1525, July 5, 2024
The amount of SNAP benefits an assistance unit is eligible for
				depends upon the amount of income available to it, including the monthly cash
				grant. When there is a change in the grant, or in the assistance unit, there
				may be a corresponding change in the SNAP benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.250 - Supplemental Nutrition Assistance

Current through Register 1525, July 5, 2024
(A)
Requirements
. The Department provides Supplemental
			 Nutrition Assistance (SNA) benefits to certain households receiving Non-public
			 Assistance (NPA) SNAP benefits. These households must meet the criteria 106 CMR
			 705.250(A)(1) through (4) to be eligible:
(1)
			 receive NPA SNAP benefits, this is met once the household has received its
			 first cyclical month's issuance;
(2) be categorically eligible for TANF
			 assistance (
see
106 CMR
			 365.180(A)(4)(a) through (c)
			 );
(3) contain no household member
			 who is an active TAFDC client; and
(4) contain at least one parent or caretaker
			 relative who is working and who is a citizen or meets the noncitizen
			 requirements provided in 106 CMR 703.430 as follows:
(a) for a single-parent or caretaker-relative
			 household, the parent or caretaker relative must be working:
(i) at least 30 hours per week, if the
			 household does not contain a child younger than six years old; or
(ii) at least 20 hours per week, if the
			 household contains a child younger than six years old;
(b) for a household that contains two parents
			 or two caretaker relatives:
(i) if one of the
			 parents or caretaker relatives is not a citizen and does not meet the
			 noncitizen requirements provided in 106 CMR 703.430:
TAFDC Noncitizen
			 Status
, the parent or caretaker relative, who is a citizen or meets
			 the noncitizen requirements provided in 106 CMR 703.430:
TAFDC
			 Noncitizen Status
, must be working at least 30 hours per week;
			 or
(ii) if one of the parents or
			 caretaker relatives is disabled, either parent or caretaker relative, who is a
			 citizen or meets the noncitizen requirements provided in 106 CMR 703.430:
TAFDC Noncitizen Status
, must be working at least 30 hours per
			 week;
(c) for a household
			 with two parents:
(i) if both parents are
			 citizens or meet the noncitizen requirements provided in 106 CMR 703.430:
TAFDC Noncitizen Status
; and
(ii) if neither parent is disabled, at least
			 one parent must be working at least 30 hours per week and the combined work
			 hours for both parents must be at least 55 hours per week; or
(d) for a household with two
			 caretaker relatives:
(i) if both caretaker
			 relatives are citizens or meet the noncitizen requirements provided in 106 CMR
			 703.430:
TAFDC Noncitizen Status
, and
(ii) if neither caretaker relative is
			 disabled, at least one caretaker relative must be working at least 30 hours per
			 week.
Eligibility for these benefits will be determined on a monthly
				basis and may be subject to a maximum income level as determined by the
				Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.350 - Relocation Benefit

Current through Register 1525, July 5, 2024
(A)
Requirements
. A relocation benefit of up to $1000 for
			 securing permanent housing may be provided to:
(1) a TAFDC assistance unit or an EAEDC
			 family assistance unit that has been in a temporary emergency shelter for 60
			 days or more;
(2) a TAFDC
			 assistance unit that has been in a domestic violence shelter for 60 days or
			 more; or
(3) a teen parent, 18 or
			 19 years of age, in a teen structured living program for 60 days or more who
			 meets the conditions for living independently as specified in 106 CMR 703.184:
TAFDC Teen Parent Living Independently
.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.400 - Social Services

Current through Register 1525, July 5, 2024
The Department of Children and Families (DCF) provides specific
				services for protecting children and strengthening families to eligible
				clients. The worker must refer applicants and clients to the DCF for services
				when asked or the need for services is noted.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.500 - Food Vouchers for Temporary Visits

Current through Register 1525, July 5, 2024
A child who is in the care or custody of a Department of the
				Commonwealth or a licensed private agency who does not meet the requirements of
				106 CMR 703.330:
TAFDC Living Arrangement
is ineligible for
				TAFDC, unless he or she has returned to the home of a relative, is expected to
				remain in the home for a period of more than 30 consecutive days, and meets all
				other applicable TAFDC requirements.
When this child returns to the home of a relative for a period
				of 30 days or less, the worker must, if the relative requests, issue a food
				voucher at the rate of $1.80 per day for the number of days the child will be
				in the home, if:
(A) The relative is
			 currently receiving TAFDC; or
(B)
			 The relative is a former client of TAFDC who became ineligible, as a result of
			 the removal of the child from the home, and who currently meets the financial
			 eligibility requirements of the SNAP, MassHealth, or other Department
			 programs.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.510 - Verification of Eligibility for Food Vouchers

Current through Register 1525, July 5, 2024
Eligibility for food vouchers under
				106 CMR
				705.500 must be verified by:
(A) Advance written notice from the
			 appropriate Department of the Commonwealth or licensed private agency of the
			 timing and duration of the child's visit; and
(B) Confirmation by the Department of the
			 Commonwealth or licensed private agency that no payment will be made to the
			 foster family or group-care facility for that same time period.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.520 - Children Returned Home but Still in DCF Custody

Current through Register 1525, July 5, 2024
(A)
Requirements
. A
			 child who returns to the home of the relative from the care or custody of a
			 Department of the Commonwealth or licensed private agency, is expected to
			 remain in the home for more than 30 consecutive days, but remains in the
			 custody of a public or private agency, is considered to be living with the
			 relative and is eligible for TAFDC, if he or she meets all other applicable
			 eligibility requirements.
(B)
Verifications
. Verification shall be by a written
			 statement from the appropriate Department of the Commonwealth or licensed
			 private agency, stating the child has returned to the home, is expected to
			 remain in the home for more than 30 consecutive days, and payment to the foster
			 family or group-care facility has ended.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.600 - Infant Benefits

Current through Register 1525, July 5, 2024
The purpose of Infant Benefits is to provide a one-time payment
				for equipment needed to care for an infant. If the equipment is not available
				to the applicant or recipient from any other source, and if payment for the
				equipment is requested within the six months following the birth of the
				eligible infant, the following benefits must be authorized at rates set by the
				Department:
(A) payment for a crib or
			 mattress for a newborn infant; and
(B) payment for a layette for a newborn
			 infant.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.700 - Eligibility for Funeral and Final Disposition Expenses

Current through Register 1525, July 5, 2024
The Department may provide payment for funeral and final
				disposition expenses of a deceased:
(1) applicant or recipient;
(2) person without sufficient resources or
			 financially responsible relatives to pay for funeral and final disposition
			 expenses; or
(3) tperson whose
			 identity is unknown. If payment is made for such expenses, the Department may
			 assert a claim for reimbursement against the estate and/or other existing
			 resources, including any financially responsible relatives, of the deceased.
			 The Department shall determine the available financial resources that may exist
			 and shall have the right of reimbursement from such resources.
Existing resources include, but are not limited to, savings,
				life insurance, RSDI and Veterans Administration death
				benefits.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.710 - Payment of Funeral and Final Disposition Expenses

Current through Register 1525, July 5, 2024
The Department may pay a sum not to exceed $1,100 for the
				funeral and final disposition of an eligible deceased person in accordance with
				106 CMR
				705.700, provided that the total expense of
				the funeral and final disposition does not exceed $3,500 and that the request
				for payment is made within six months of the decedant's date of death. Payment
				shall be made directly to the attendant funeral director.
The funeral director shall submit to the Department an itemized
				bill. Payment shall not be made for a funeral and final disposition for which
				the total cost exceeds $3500. The funeral director shall report any payment by
				or future payment expected from sources other than the
				Department.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.900 - Maximum $50 Support Payment

Current through Register 1525, July 5, 2024
The first $50 of the monthly obligation for current support
				received by the Department of Revenue (DOR) shall be paid to the TAFDC
				assistance unit. The payment shall be made promptly upon notification by DOR of
				the amount collected, and in no event later than the end of the third month
				following the month the collection was received.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.910 - Rent Allowance

Current through Register 1525, July 5, 2024
(A) TAFDC clients
			 shall be eligible for a Rent/Mortgage Allowance of $40 per month, provided:
(1) the client does not reside in public,
			 state or federally subsidized housing; and
(2) the client has rent, mortgage, or room
			 and/or board expenses.
Public housing is housing owned and operated by a housing
				authority in which the rent is based on a percentage of at least one of the
				occupants' income.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 705.000 - Transitional Cash Assistance Programs (TCAP) related benefits › Section 705.950 - Voter Registration

Current through Register 1525, July 5, 2024
Voter registration application forms shall be made available at
				all local offices for applicants and clients who are U.S. citizens, and 18
				years of age or older or who will 18 years of age on or before the next
				election.
(A) The Department shall:
(1) inform applicants and clients of the
			 availability of these forms at application, eligibility review, and when there
			 is a change of address;
(2) assist
			 in completing these forms unless assistance is refused; and
(3) receive completed voter registration
			 application forms at the local offices to send to the proper local election
			 offices.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.000 - Overview of Auxiliary Activities

Current through Register 1525, July 5, 2024
106 CMR 706.000 describes
				activities that affect the delivery of benefits and are required to ensure the
				proper and accurate direction of funds. Unless otherwise specified,
				106 CMR 706.000 applies to
				TAFDC and EAEDC applicants and clients.
Auxiliary activities and the circumstances in which they are
				required are described in 106 CMR 706.000(A) through (G):
(A) Inquiries, Requests and Complaints,
			 106 CMR
			 706.100;
(B) Overpayments and Underpayments,
			 106 CMR
			 706.200;
(C) Referral to the Bureau of Special
			 Investigations,
			 106 CMR
			 706.240;
(D) Delivery of Benefits,
			 106 CMR
			 706.400;
(E) Lost and Stolen Checks,
			 106 CMR
			 706.500;
(F) Vendor Payments,
			 106 CMR 706.600;
			 and
(G) Quality Control,
			 106 CMR
			 706.700.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.100 - Inquiries, Requests, and Complaints

Current through Register 1525, July 5, 2024
The worker must respond to all appropriate inquiries, requests
				and complaints regarding Department programs or cases for which he or she is
				responsible, or refer them to management as appropriate.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.110 - Inquiries

Current through Register 1525, July 5, 2024
An inquiry is an oral or written request for information about
				the TAFDC and EAEDC programs in general. Inquiries must be responded to by
				workers in the area offices or branch offices to which such inquiries are
				directed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.130 - Complaints

Current through Register 1525, July 5, 2024
A complaint is an oral or written communication expressing
				dissatisfaction with the policies and procedures of the Department or its
				administration. Complaints may be made by persons, institutions, or other
				agencies.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.140 - Oral Complaints

Current through Register 1525, July 5, 2024
In the case of an oral complaint, the worker must attempt to
				address the complainant's dissatisfaction by providing a prompt interpretation
				of agency policy. In the event the complainant is not satisfied with the
				worker's explanations and wishes to go beyond the worker for assurance that he
				or she is receiving equitable treatment, the worker's immediate supervisor must
				be available for a three-way discussion of the problem.
The applicant or client must be informed of the right to appeal
				and have a fair hearing or to have a review without a
				hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.150 - Written Complaints

Current through Register 1525, July 5, 2024
In the case of a written complaint, the complaint must be
				reviewed by the worker or management to determine its validity.
A letter must then be sent to the complainant informing such
				individual or institution of appropriate action, if any, in relation to the
				complaint. The letter must inform the complainant of the right to appeal and
				have a fair hearing or to have a review without a hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.200 - Overpayments and Underpayments

Current through Register 1525, July 5, 2024
An overpayment exists when an assistance unit receives
				assistance for which it is not eligible or the assistance exceeds the amount
				for which it was eligible. However, an unaccessed EBT cash benefit shall not be
				considered an overpayment.
An overpayment may result from Department error, client error,
				misrepresentation or withholding of information, or assistance paid pending an
				appeal as provided in
				106 CMR
				343.250:
Continuation of Benefits
				Pending Appeal
.
An underpayment exists when:
(A) a financial assistance payment received
			 by or for an assistance unit for the month is less than the amount for which
			 the assistance unit was eligible; or
(B) the Department fails to issue a financial
			 assistance payment for the month to an eligible assistance unit, if such
			 payment should have been issued.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.210 - Correction of Overpayments and Underpayments

Current through Register 1525, July 5, 2024
The Department has the responsibility to identify and correct
				overpayments and underpayments. The Department must promptly correct
				underpayments to current clients and to those who would have been clients if
				the mistake causing the underpayment had not occurred.
When an underpayment is established, the Department shall send
				written notice to the client that:
(1)
			 includes the amount; and
(2)
			 informs the client of the right to request a fair hearing.
Before an action to recoup an overpayment as provided in
				106 CMR
				706.290, the Department shall notify the
				client in accordance with
				106 CMR
				702.500:
Notification of Proposed
				Action
.
If both an underpayment and an overpayment exist, the
				Department may offset one against the other if the existence and amount of both
				the underpayment and the overpayment can be promptly determined. Otherwise, the
				Department shall proceed to correct the underpayment and overpayment
				independently.
Retroactive corrective underpayments shall not be considered as
				income or as an asset for purposes of determining continued eligibility and
				amount of assistance either in the month paid or in the following month.
All overpayments are subject to recovery by the Department.
				Overpayments involving possible fraud shall be referred to the Bureau of
				Special Investigations (BSI).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.220 - Causes of Overpayments

Current through Register 1525, July 5, 2024
(A)
Department Error
. An overpayment may occur as a result
			 of Department error. Department error includes, but is not limited to, failure
			 of the worker to act on information that affects eligibility or the amount of
			 assistance.
(B)
Payments Pending a Fair Hearing Decision
. An
			 overpayment occurs when the Department's position is upheld on an appeal by a
			 client of a reduction or termination, and aid was paid pending the
			 implementation of the decision.
(C)
Client Error, Misrepresentation or Withholding of
			 Information
. An overpayment may occur as a result of client error.
			 Client error may occur when the client, because of a misunderstanding of his or
			 her responsibilities, fails to notify the Department of a change in resources
			 or other circumstances within the prescribed ten days of such a change. Certain
			 instances of client error may be fraudulent and should be referred to BSI.
An overpayment may also occur because the applicant or client
				knowingly misrepresents or withholds information from the Department.
If there is a reasonable possibility that fraud occurred in an
				overpayment of benefits, the case should be referred to BSI as provided in
				106 CMR
				706.240.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.230 - Bureau of Special Investigations

Current through Register 1525, July 5, 2024
The Bureau of Special Investigations (BSI) is authorized to
				investigate all overpayments involving possible client fraud. The worker shall
				not investigate these cases. BSI has the responsibility to determine if an
				overpayment resulting from fraud exists.
BSI shall have full access to Department records and files for
				the purposes of fraud detection and control. Department staff shall cooperate
				fully with BSI representatives.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.240 - Referral to the Bureau of Special Investigations

Current through Register 1525, July 5, 2024
Whenever there is a reasonable possibility that fraud occurred
				resulting in an overpayment of benefits, the case shall be referred to
				BSI.
All cases of actual or suspected medical vendor fraud or abuse
				must be referred to MassHealth.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.250 - Recovery

Current through Register 1525, July 5, 2024
(A) The Department
			 shall act promptly to recover all overpayments from current clients and from
			 previous clients who reapply for and are determined eligible for TAFDC or
			 EAEDC.
The Department shall refer overpayments to BSI whenever there
				is a reasonable possibility of fraud. In such cases, no recovery may take place
				until BSI notifies the Department that it has decided not to investigate or its
				investigation is complete, or unless recovery is being made through the
				Administrative Disqualification process as provided in
				106
				CMR 706.345.
(B) The Department shall recover all
			 overpayments from current clients regardless of the amount of the overpayment.
			 The Department shall recover all overpayments from previous clients as provided
			 in
			 106 CMR
			 706.280. An overpayment shall be recovered
			 from grantees even if grantees were overpaid in one cash assistance program and
			 is now receiving benefits in another cash assistance program.
(C) If through recoupment, the monthly grant
			 amount is reduced to zero, the assistance unit shall be considered to be still
			 receiving assistance. For TAFDC cases, if through recoupment the monthly grant
			 amount is between zero and $10, the assistance unit will receive a monthly
			 payment. The minimum monthly payment shall be two dollars for TAFDC and
			 EAEDC.
(D) In instances where
			 clients have used their cash benefits to purchase alcoholic beverages, lottery
			 tickets or tobacco products, the client shall reimburse the Department for the
			 full amount of the purchases.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.260 - Recovery of Overpayments Resulting from Department Error and Payments Pending a Fair Hearing Decision and Non-fraudulent Client Error

Current through Register 1525, July 5, 2024
(A) Overpayments
			 resulting from Department error and non-fraudulent client error shall be
			 recovered.
(B) Overpayments
			 resulting from assistance paid pending implementation of a fair hearing
			 decision as provided in
			 106 CMR
			 343.250:
Continuation of Benefits
			 Pending Appeal
following an appeal of reduction or termination in
			 benefits shall be recovered if the fair hearing decision upholds the reduction
			 or termination. The overpayment in a split fair hearing decision, where the
			 action of the Department is only partly upheld, is the amount found in the fair
			 hearing decision to be incorrectly paid.
(1)
			 The Department shall inform the client that the Department will recover any
			 assistance paid pending implementation of a decision following a fair hearing
			 that is decided in the Department's favor.
(2) The Department shall provide on the
			 notice the option for the appellant to waive the receipt of assistance pending
			 the hearing.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.270 - Recovery of Overpayments Resulting from Possible Fraud

Current through Register 1525, July 5, 2024
Whenever there is a reasonable possibility that a fraudulent
				overpayment occurred, recovery shall be made only after review by BSI. If a
				client agrees with BSI on an amount to be recovered by a grant reduction, the
				worker shall use this amount to make the recovery.
If the BSI indicates the cause of the overpayment to be other
				than fraud, the worker shall institute recovery according to the provisions of
				106 CMR 706.250.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.280 - Recovery from Closed Cases

Current through Register 1525, July 5, 2024
Recovery shall continue after a case closes unless the amount
				of the overpayment is less than $125, or meets the minimum recovery threshold
				established by the Department, whichever is higher. If BSI has determined that
				the case involved fraud, recovery must be made regardless of the amount of the
				overpayment. Upon agreement by the Department and the previous client,
				repayment may be made by a lump sum payment, monthly installments or wage
				assignment. If the previous client is employed and is in arrears, he or she
				shall be required to repay the remaining overpayment by wage assignment as
				provided in
				106 CMR
				706.295.
Recovery must be made if the overpaid assistance unit again
				begins to receive assistance, regardless of the amount of the
				overpayment.
Nothing in 106 CMR 706.280 shall prohibit any other agreed-upon
				method of payment.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.290 - Recovery from Current Clients

Current through Register 1525, July 5, 2024
(A)
Method of Recovery
.
(1) Recovery of an overpayment shall be
			 sought from current clients and previous clients who reapply for and are
			 determined eligible for TAFDC or EAEDC.
(2) The methods of recovery shall be by:
(a) recoupment, which is the recovery of an
			 overpayment by means of a reduction in the client's grant;
(b) a lump sum payment;
(c) installment payments;
(d) wage assignment as provided in
			 106 CMR
			 706.295;
(e) any combination of the above four
			 methods; or
(f) any other recovery
			 method permitted by law.
(3) If a client refuses or fails to pay or
			 who has been repaying his or her overpayment to the Department through a lump
			 sum payment and/or installment payments or a combination of methods provided in
			 106 CMR 706.290(A)(2) misses a payment or is otherwise in arrears, he or she
			 shall be required to repay the remaining overpayment:
(a) by recoupment; or
(b) by wage assignment.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.295 - Recovery by Wage Assignment

Current through Register 1525, July 5, 2024
(A) Any
			 judgment or order of the court requiring repayment to the Department, any
			 overpayment established by fair hearing or administrative disqualification
			 hearing or any voluntary agreement to repay an overpayment, shall include an
			 assignment to the Department of a portion of the grantee's salary, wages,
			 earnings or other periodic income pursuant to M.G.L. c. 18, §
			 30.
(B) The applicant or client
			 must be informed that to implement wage assignment, the Department will have
			 access to information available to and provided by the Department of Revenue
			 including, but not limited to, 14-day labor reporting information and wage
			 information.
The Department need not obtain prior approval to acquire and
				use information for the reasons indicated in 106 CMR 706.295.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.296 - Recovery of Legal Counsel Fee

Current through Register 1525, July 5, 2024
Upon notification by a Massachusetts Clerk of Court that a
				client owes any portion of the counsel fee assessed under M.G.L. c. 211D, the
				Department shall recover the amount from the client's cash benefits in
				accordance with
				106 CMR
				706.290(A)(2)(a).
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.300 - Definition of an Intentional Program Violation(IPV)

Current through Register 1525, July 5, 2024
An Intentional Program Violation(IPV) is any action by an
				individual for the purpose of establishing or maintaining eligibility or for
				increasing, or preventing a reduction in, the amount of the grant by
				intentionally:
(A) making a false or
			 misleading statement or misrepresentation, either orally or in writing,
			 concealing or withholding of facts from the Department; or
(B) taking any other act intended to mislead,
			 misrepresent, conceal or withhold facts or to propound a falsity.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.305 - Intentional Program Violations(IPV) Disqualification Penalties

Current through Register 1525, July 5, 2024
(A)
IPV/ Disqualification Penalties
. Unless the conditions
			 in 106 CMR 706.305(B) apply, an individual found to have committed an IPV by an
			 Administrative Disqualification Hearing(ADH) or a court of appropriate
			 jurisdiction provided in
			 106 CMR
			 706.350, shall be ineligible to participate
			 in the TAFDC or EAEDC assistance programs for a period of six months for the
			 first finding, 12 months for the second finding, and permanently for the third
			 finding.
The Department shall disqualify only the individual found to
				have committed an IPV, not the entire assistance unit. However, if the
				disqualified individual is a member of the filing unit, his or her income shall
				be considered available to the assistance unit. The period of disqualification
				shall begin in the first possible month following the date written notification
				of the ADH decision is sent to the individual.
If the individual is no longer participating in the assistance
				programs or has been previously disqualified from eligibility, the IPV
				disqualification shall be deferred until such time as he or she applies or
				reapplies after the disqualification period expires, and is determined
				otherwise eligible. An individual who is sanctioned for any other reason shall
				have his or her IPV disqualification deferred until such time as the sanction
				has ended and the individual is determined otherwise eligible.
If the individual waives his or her rights to an ADH in
				accordance with
				106 CMR
				706.340 or signs a consent agreement with a
				court of law, the length of the disqualification period shall be determined by
				regarding each waiver or agreement as one finding that an IPV was
				committed.
Once disqualification commences, it shall continue
				uninterrupted regardless of current eligibility. In cases of an individual's
				disqualification resulting from a prior receipt of assistance, the
				disqualification will be postponed until after assistance is approved for the
				disqualified individual. Recovery of any overpayment, in accordance with
				106 CMR
				706.290, shall continue regardless of
				eligibility status.
(B)
Court Convictions for Fraud
.
(1) A grantee who is convicted of felonious
			 fraud against the Department's programs for an amount of $1,000 or more is
			 permanently ineligible to receive:
(a) TAFDC
			 for himself or herself, if the fraud was committed on or after November 11,
			 1995; or
(b) EAEDC for himself or
			 herself, if the fraud was committed on or after May 1, 1996. In a two-parent
			 household, both parents shall be ineligible for public
			 assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.310 - Warning to Applicants and Clients

Current through Register 1525, July 5, 2024
At the time of application, the Department shall inform all
				applicants, in writing, of the disqualification penalties, in accordance with
				106
				CMR 706.305, for committing an Intentional
				Program Violation(IPV).
The Department shall notify all current clients, in writing, of
				the IPV disqualification penalties, provided in
				106
				CMR 706.305.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.315 - Introduction to Administrative Disqualification Hearings (ADH)

Current through Register 1525, July 5, 2024
An ADH shall be conducted by the Division of Hearings to
				determine if an Intentional Program Violation (IPV) has been committed, unless
				a determination is made by a court of law pursuant to
				106
				CMR 706.355. An ADH may be initiated by the
				Department if there is reason to believe an IPV was
				committed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.320 - Advance Notice of an Administrative Disqualification Hearing (ADH)

Current through Register 1525, July 5, 2024
The Department shall provide a written notice at least 30 days
				before the ADH as provided in
				106 CMR
				706.325. The notice shall contain:
(A) The date, time and place of the
			 hearing;
(B) The charge(s) against
			 the individual;
(C) A summary of
			 the evidence, and how and where it can be examined;
(D) A warning that failure to appear without
			 good cause, in accordance with
			 106 CMR
			 343.320(D), will result in a
			 decision by the hearing officer based solely on the information provided by the
			 Department at the hearing;
(E) A
			 statement that good cause for failure to appear at the originally scheduled
			 hearing must be presented to the Division of Hearings within ten calendar days
			 of the originally scheduled hearing in order to receive a new
			 hearing;
(F) A statement that a
			 postponement of the hearing may be requested if the request is made to the
			 Division of Hearings at least ten calendar days in advance of the ADH. However,
			 the hearing shall not be postponed for more than 30 calendar days and only one
			 postponement shall be permitted;
(G) A description of the Intentional Program
			 Violation (IPV) penalties provided in
			 106
			 CMR 706.305.
(H) A statement that the hearing does not
			 preclude the Commonwealth from prosecuting the individual in a civil or
			 criminal court action or from collecting an overpayment;
(I) A listing of individuals or organizations
			 that may provide free legal representation;
(J) A statement that the individual may waive
			 his or her right to an ADH; and
(K)
			 A statement that the individual has the right to remain silent concerning the
			 charge(s) and that anything said or signed by the individual concerning the
			 charge(s) may be used against him or her in a court of law.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.325 - Timeliness Standards

Current through Register 1525, July 5, 2024
The Department shall provide written notice to the individual
				suspected of an Intentional Program Violation (IPV) at least 30 days in advance
				of the Administrative Disqualification Hearing (ADH). ADH decisions shall be
				made within 90 days of the date of the notice.
The Department must implement the ADH decision effective
				beginning the first possible month following the date the individual receives
				written notification of the decision, consistent with the requirements of
				106
				CMR 706.305.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.330 - Consolidation of Administrative Disqualification Hearing (ADH) with Fair Hearing

Current through Register 1525, July 5, 2024
To determine the amount of the overpayment claim, the
				Department may combine a fair hearing and an ADH if the factual issues arise
				out of the same or related circumstances. The individual shall receive prior
				notice that the hearings will be consolidated and that the claim amount may be
				determined as a result. The individual shall also be informed that due to the
				consolidation, he or she shall not have the right to a subsequent fair hearing
				to dispute the claim amount. The timeliness standards of
				106 CMR
				706.325 shall be in effect.
The regulations governing fair hearings, as provided in
				106 CMR
				343.000:
Fair Hearing Rules
apply to
				ADHs. If, however, the Fair Hearing regulations conflict with
				106 CMR
				706.300 through
				706.365,
				the provisions of the latter shall apply.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.335 - The Administrative Disqualification Hearing (ADH)

Current through Register 1525, July 5, 2024
If the individual or his or her representative fails to appear
				at the ADH without good cause, in accordance with
				106 CMR
				343.320(D), the ADH shall
				still be conducted. The hearing officer is required to carefully consider the
				evidence and determine if an Intentional Program Violation (IPV) was committed
				based on a preponderance of the evidence standard. If the individual is found
				to have committed an IPV, but the Director of the Division of Hearings later
				determines that there was good cause for the failure to appear, the previous
				decision shall be void and the Department shall conduct a new hearing. The
				individual has ten days from the date of the originally scheduled hearing to
				present evidence of good cause for failure to appear.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.340 - Waiver of an Administrative Disqualification Hearing (ADH)

Current through Register 1525, July 5, 2024
A waiver form allowing the individual to forgo the ADH may be
				issued along with the advance notice of the ADH. An individual suspected of an
				Intentional Program Violation (IPV) may complete, sign and return the waiver
				form to the Department. By doing so, the individual will have agreed to all
				penalties and requirements, including repayment, incumbent upon an individual
				who is found guilty of an IPV.
The waiver form shall include:
(A) The date the signed waiver must be
			 received by the Department, with the signatures of the accused individual and
			 the grantee, if the accused individual is not the grantee;
(B) A statement of the accused individual's
			 right to remain silent concerning the charges and that anything said or signed
			 by the individual concerning the charges may be used against him or her in a
			 court of law;
(C) A statement that
			 signing the waiver will result in automatic disqualification for the
			 appropriate period and recoupment, even if the individual does not admit to the
			 facts as presented by the Department; and
(D) The opportunity for the accused
			 individual to specify whether or not he or she admits to the charges cited in
			 the ADH advance notice.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.345 - Results of an Administrative Disqualification Hearing (ADH) or Waiver - Notification

Current through Register 1525, July 5, 2024
(A) If the
			 hearing officer determines the individual did not commit an Intentional Program
			 Violation (IPV), the Department shall inform that individual in writing of such
			 finding.
(B) If the hearing officer
			 determines the individual committed an IPV, the Department shall inform the
			 individual in writing of such findings, and that he or she will be disqualified
			 from the program for the appropriate time period in accordance with
			 106
			 CMR 706.305. The notification shall contain
			 the following information:
(1) The period of
			 disqualification; and
(2) The
			 adjusted grant level and the right of the assistance unit to a Fair Hearing
			 regarding the new grant level unless the hearing has already been consolidated
			 with an ADH or a waiver or consent agreement has been
			 filed.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.346 - Out-of-state Intentional Program Violation Disqualification (IPV) Referrals for TAFDC

Current through Register 1525, July 5, 2024
The disqualification of an individual for an IPV in a TANF
				program in another state shall be applicable in Massachusetts as if it
				originated in Massachusetts. Penalties arising from the disqualification of an
				individual for an IPV in another state shall be in accordance with
				106
				CMR 706.305.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.350 - Civil and Criminal Prosecution

Current through Register 1525, July 5, 2024
A case of an alleged Intentional Program Violation (IPV) may be
				taken to a court of appropriate jurisdiction for civil or criminal
				prosecution.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 706.000 - Transitional Cash Assistance Programs (TCAP): Auxiliary Activities › Section 706.355 - Duties and Limitations on the Department with Respect to Court Ordered Disqualification

Current through Register 1525, July 5, 2024
The Department shall disqualify an individual found guilty of
				an Intentional Program Violation (IPV) by a court, unless otherwise ordered by
				the court. The Department shall initiate the disqualification period in the
				first possible month following the date the disqualification was ordered, as
				provided in
				106
				CMR 706.305.