Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 361.000 - Supplemental Nutrition Assistance Program (SNAP): application process
Section 361.240 - Ineligible Households
Current through Register 1531, September 27, 2024
(A) Residents of Commercial Boarding Houses. Residents of commercial boarding houses are not eligible to participate in the Supplemental Nutrition Assistance Program. A commercial boarding house shall be defined as an establishment that is licensed as a commercial enterprise, and offers meals and lodging for compensation. In cities and towns without licensing requirements, a commercial boarding house shall be defined as a commercial establishment that offers meals and lodging for compensation with the intent of making a profit. The number of boarders residing in a boarding house shall not be used to determine if a boarding house is a commercial enterprise. The household of the owner of a boarding house may participate in SNAP as a household separate and apart from the residents of the boarding house, if the owner's household meets all SNAP eligibility requirements.
(B) Residents of Institutions. Individuals shall be considered residents of institutions when the institution provides them with the majority of their meals as part of normal services. A majority of meals is over 50% of three meals daily. Residents of institutions are not eligible for participation in SNAP, with the following five exceptions:
(D) Boarders Who Are Not Residents of Commercial Boarding Houses. Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals. In determining whether the individual is paying reasonable compensation, only the amount paid for meals shall be used, as long as the amount paid for meals is distinguishable from the amount paid for lodging. Reasonable compensation for meals is one of the following:
Individuals who pay less than reasonable compensation are not boarders and must be members of the household providing the lodging and meals.
Boarders are ineligible to participate separately from the household providing lodging and meals. Boarders may participate as members of the household providing these services and at the request of the providing household.
If the household providing lodging and meals has not requested that its boarders be included in its household, none of the income and resources of the boarders are to be considered available to the household except that the payment of the boarder to the household shall be treated in accordance with 106 CMR 365.200: Assistance Units with Boarders Who Are Not Household Members.
(E) Strikers.
The following individuals are not considered strikers:
Net income shall be determined on the basis of the household's current circumstances in accordance with 106 CMR 364.500: Determining Net Income; and
(F) Foster Care Children and Foster Care Adults. Foster care children and adults are those placed in the home of relatives or non-relatives by a federal, state or local government foster care program. A foster care household provides foster care to these children and adults. Neither foster care children nor adults are required to be included in the foster care household's SNAP household. If foster care children and adults are not included in the household, the following shall apply:
The foster care household has the option of including the foster care children and adults in its SNAP household; however, the foster care payments shall then be counted as unearned income in determining the eligibility and benefit level of the foster care household.