Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households
Section 365.120 - Determining Eligibility and Benefit Level

Universal Citation: 106 MA Code of Regs 106.365

Current through Register 1531, September 27, 2024

(A) PA households shall be allowed to apply for SNAP benefits at the same time they apply for other assistance. However, the household's eligibility and benefit level shall be based solely on SNAP eligibility criteria and the household shall be certified in accordance with notice, timeliness, and procedural requirements of the SNAP regulations. If a household's intent to apply for SNAP benefits is unclear, the worker shall determine at the interview, or in other contact with the household, whether or not the household also wants a PA application processed for SNAP purposes.

(1) Joint Application Form. The TAFDC application and the EAEDC application shall contain all the information necessary to determine a household's SNAP eligibility and benefit level. These joint applications shall also have a place for the household to indicate if it does not wish to apply for SNAP benefits. The applicant shall not be required to fill out any additional application form for SNAP purposes.

(2) Single Interview Requirement. The worker shall conduct a single interview at initial application for both cash assistance and SNAP purposes. PA households shall not be required to see a different worker or otherwise be subject to two interview requirements to obtain the benefits of both programs. Following the interview, the application may be processed by separate workers to determine eligibility and benefit levels for SNAP and cash assistance. A household's eligibility for a SNAP out-of-office interview does not relieve the household of any responsibility for a face-to-face interview for cash purposes.

(3) Verification Standard.
(a) For households applying for both cash assistance and SNAP, the verification procedures described in 106 CMR 361.600 through 361.660 shall be followed for those eligibility factors that are needed solely for purposes of determining the household's eligibility for SNAP benefits. For those factors that are needed to determine eligibility for both cash assistance and SNAP, the worker shall follow cash assistance verification requirements. However, in no case shall the worker delay the household's SNAP benefits if, at the end of 30 days following the date the application was filed, the applicant has provided sufficient verification to meet the verification for SNAP purposes, even if there is insufficient verification to meet the cash assistance verification rules.

For example, a family applies for TAFDC and SNAP. The applicant timely submits verification of income and all other verification necessary for SNAP purposes. However, the applicant does not prove relationship which is necessary to establish TAFDC eligibility. In this case, the SNAP assistance shall not be delayed or denied because of the household's failure to comply with a TAFDC eligibility requirement.

(b) A household may be denied SNAP and cash assistance at the same time (based on the cash assistance processing standards) when all of the following conditions have been met:
1. The Department has provided the household with a statement of required verification and has assisted the household in obtaining verification, as necessary;

2. The Department has informed the household of the appropriate processing standard, in writing, at the time of the application and notified the household at the interview of the date by which any missing verification must be provided; and

3. The household has failed to provide verification of an eligibility factor that is required for both cash assistance and SNAP.

For example, if a family applies jointly for cash assistance and SNAP and fails to submit income verification by the cash assistance processing date, cash assistance and SNAP would be denied on the same day because income verification is required for SNAP as well as for cash assistance.

If the household provides the missing verification within the initial 30-day period, the Department must provide benefits from the date of application. If the household does not provide the missing verification or complete the application until the second 30 days, the Department must provide benefits from the date the household completes the application or furnishes the missing verification. If more than 60 days has elapsed from the date of initial application, the household would have to reapply for SNAP benefits.

(4) Timeliness Standard. The worker must make the SNAP eligibility determination in accordance with all the timeliness standards and procedures specified in 106 CMR 361.700 through 361.960, unless the household has failed to provide verification of an eligibility factor required for both cash assistance and SNAP benefits in accordance with 106 CMR 365.120(A)(3)(b).
(a) As a result of differences in application processing procedures and standards, the worker may have to determine SNAP eligibility prior to determining eligibility for PA payments. Action on the SNAP portion of the application shall not be delayed nor the application denied on grounds that the PA determination has not been made.

(b) Households whose PA applications are denied but who have provided all verifications necessary to determine SNAP eligibility shall not be required to file a new SNAP application. They shall, however, have their SNAP eligibility determined or continued on the basis of their original joint application and any other documented information obtained subsequent to the application that may have been used in the PA determination and that is relevant to SNAP eligibility or level of benefits.

(B) Asset Standards for PA Households. Asset standards for PA households shall be determined as specified in 106 CMR 363.110: Asset Eligibility Limits.

(C) Income Standards For PA Households.

(1) Countable Income. All income received by the PA household, including the cash grant, special allowances and all other income (unless excluded in accordance with 106 CMR 363.230: Excluded Income) shall be counted in determining the household's eligibility for SNAP benefits.

(2) Income Exclusions and Deductions. PA households will receive only the income exclusions and deductions provided in SNAP policy. The income exclusions and deductions allowed under cash assistance programs for the purposes of grant calculation shall not be allowed in determining income for SNAP purposes.

(3) Special Allowances, Retroactive Lump Sum Payments and Protective Payments.
(a) Special Allowances. Special allowances, except for one-time payments (e.g., the clothing allowance for TAFDC children) or vendor payments, are treated as countable income. This income may be averaged over the certification period or on a variable basis of issuance to cover the period when the allowance is received.

(b) Retroactive Lump Sum PA Payments. Retroactive lump sum payments are excluded as income and counted as an asset in the month received. If a PA client's first payment is delayed beyond the first month of eligibility, the retroactive portion of that check is considered a lump sum payment. For example, if a household applies in November and is eligible in November but receives its first check in December to cover both months, only the December benefit amount is considered as income.

(c) Protective Payments. Protective payments are any portion of the cash grant that is legally obligated and otherwise payable to the PA household, but diverted by the Department to a third party for a household expense (e.g., vendor rent). Protective payments are countable as income when determining SNAP eligibility and benefit level.

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