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 364.900 - Delivery of Benefits

Universal Citation: 106 MA Code of Regs 106.364

Current through Register 1531, September 27, 2024

Eligible households shall be issued SNAP benefits for each month of eligibility.

SNAP benefits can be accessed by using an Electronic Benefit Transfer (EBT) card for food purchases at grocery and other participating stores and farmers markets.

(A) Initial SNAP Benefit Issuance.

(1) Expedited SNAP Benefit Issuance. The Department shall provide SNAP benefits to households that qualify for expedited service using expedited processing standards. The conditions for expedited eligibility are provided at 106 CMR 365.800 through 365.850.

(2) Normal SNAP Benefit Issuance. The Department shall provide SNAP benefits to households that do not qualify for expedited service using normal processing standards. The time frames for the delivery of Normal SNAP Benefits are provided at 106 CMR 361.080: Prompt Action.

(B) Additional SNAP Benefit Issuance. The Department shall provide additional SNAP benefits, as well as the household's monthly SNAP benefit allotment, when the household qualifies for increased benefits because of certain changes in the household's circumstances. The conditions of eligibility and the time frames for the delivery of Additional SNAP Benefits are provided at 106 CMR 366.120(A): Increases in Benefit Level Requiring Expedited Action.

(C) Replacement of Benefits after Household Misfortune. The Department shall replace SNAP benefits when a household's food purchased with benefits has been destroyed in a household misfortune as defined in 106 CMR 360.030: Definitions when the following conditions are met.

(1) Conditions of Replacement.
(a) The household must report the destruction of food purchased with SNAP benefits to the Department within ten days of the date of the destruction.

(b) The household must sign a statement attesting to the destruction of the food purchased with SNAP benefits and the reason for the replacement. It shall also state that the household is aware of the penalties for intentional misrepresentation of facts, including the penalties for Intentional Program Violations and a charge of perjury for making a false claim.

The statement must be received by the Department within ten days of the date of the report. If the tenth day falls on a weekend or holiday, and the statement is received the day after the weekend or holiday, the Department shall consider the statement timely received.

(c) The Department must verify the destruction occurred in a household misfortune through a collateral contact, documentation from a community agency (e.g., fire department, police department, Red Cross), or a home visit.

(2) Restrictions on Replacement.
(a) The replacement allotment shall be provided in the amount of the loss to the household, up to a maximum of one month's allotment for the household's size, unless the allotment includes restored benefits, which shall be replaced up to their full value.

(b) Where a federal disaster declaration has been issued and the household is eligible for disaster SNAP benefits, the household shall not receive both a disaster allotment and a replacement allotment for household misfortune.

(3) Time Frame for Delivery of Benefits.
(a) Replacement benefits shall be issued within ten days after the report of destruction or within two working days of receiving the signed household statement, whichever is later.

(b) The Department shall deny or delay replacement issuances in cases in which available documentation indicates that the household request for replacement is fraudulent.

(D) SNAP Benefits. Except as described in 106 CMR 364.900(C), SNAP benefits will not be replaced. It is the responsibility of the client or the authorized representative to keep the EBT Card and Personal Identification Number (PIN) safe from unauthorized users.

(E) Purging of SNAP Benefits. When the SNAP benefit account has not been accessed at all for a total of 274 days, the SNAP benefits issued 274 or more days prior will be permanently purged from the EBT system.

The Department shall mail the household to the address on file a notice that includes the date benefits will be expunged and what the household must do to prevent the expungement. This notice must be mailed no later than 30 days before the date of expungement.

(F) SNAP Benefit Issuance After Recertification. Households determined eligible after a timely recertification are entitled to uninterrupted SNAP benefits. SNAP benefits must be made available for the household on the household's normal issuance date.

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