Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 343.000 - Department of Transitional Assistance (DTA): Fair Hearing rules
Section 343.210 - Timely Notice Exceptions

Universal Citation: 106 MA Code of Regs 106.343

Current through Register 1531, September 27, 2024

The Department need not send a timely notice for a reduction or termination, but must send an adequate notice as defined in 106 CMR 343.200, no later than the date of the Department action when:

(A) There is factual information confirming the death of a client and there is no relative to serve as a new grantee;

(B) The Department receives a clear written statement signed by the client that he or she no longer wants to receive benefits;

(C) The client has been admitted or committed to an institution and he or she is not eligible for further payments or service under any category of assistance;

(D) The client has been placed in a skilled nursing home, intermediate care facility or chronic hospital;

(E) A client's whereabouts are unknown and the Department's mail directed to that person has been returned by the Postal Service indicating there is no known forwarding address. However, if the client was receiving TAFDC or EAEDC and the client's whereabouts become known, the lost benefit must be made available if the client is found to be eligible during the time period at issue. The client's MassHealth card must likewise be made available;

(F) A TAFDC child is removed from the home by a court or is voluntarily placed in foster care by the grantee;

(G) An EAEDC client starts receiving Supplemental Security Income (SSI) or State Supplement Program (SSP) benefits;

(H) The Department takes action because of information the client furnished in a monthly report or because the client has failed without good cause to submit a complete or timely monthly report;

(I) A special allowance granted for a specific period is terminated and the client has been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specified period;

(J) The Department recovers an unaccessed EBT cash benefit; or

(K) The Department lowers or terminates benefits in state-funded programs due to reduced or eliminated funding.

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