Except as provided in 106 CMR 365.170, action shall be taken on
reported changes in accordance with the notification and timeliness standards
specified in
106 CMR
366.100 through
366.220.
Public Assistance (PA) households must be notified whenever their SNAP benefits
are altered as a result of changes in their PA benefits. They must also be
informed whenever their SNAP certification period is shortened due to changes
in household circumstances.
106 CMR 365.170(A) through (C) provide special instructions for
handling PA households that, during their certification period,
experience:
(1) a reduction in their
PA benefits;
(2) termination of
their PA benefits; or
(3) a change
in household circumstances resulting in a change in their SNAP classification
from PA to NPA.
106 CMR 365.170(D) provides special instructions for handling a
change from PA to NPA status that is known to the Department at the time of a
PA redetermination.
(A)
Reduction in Public Assistance Benefits. When the
household circumstance change results in a reduction in the household's PA
benefits and a reduction or termination in its SNAP benefits within its SNAP
certification period, notice of adverse action shall be issued for both the PA
and the SNAP actions. If the household requests a fair hearing within the
period provided by the notice of adverse action, the household's SNAP benefits
shall be continued on the basis authorized immediately prior to sending the
notice. The hearing shall be conducted according to PA procedures and
timeliness standards. However, the household must reapply for SNAP benefits if
the SNAP certification period expires before the fair hearing process is
completed. If the household does not appeal, the change shall be made effective
in the month following the expiration of the advance notice period, when
possible.
When the household circumstance change requires a reduction in
the household's PA benefits but an increase in its SNAP benefits, a PA notice
of adverse action shall be issued. The notice shall inform the household of the
proposed increase but no action shall be taken to increase SNAP benefits until
the household decides whether to appeal the proposed action to reduce the cash
assistance. If the household decides to appeal and its PA benefits are
continued, the household's SNAP benefits shall continue at the previous level.
If the household does not appeal, action shall be taken to make the SNAP change
effective in accordance with the timeliness standards of
106 CMR
366.120: Department Responsibility to
Take Timely Action. The time limits for acting on the change, however,
shall be calculated from the date the PA notice of adverse action period
expires.
(B)
Termination of Public Assistance Benefits. When a
household circumstance change results in termination of the household's PA
benefits, members of the household who lose their SNAP work registration
exemption must be advised of the SNAP work registration requirements, if
applicable. When there is sufficient information to determine how the change
effects the household's SNAP eligibility and benefit level, the following
action shall be taken:
(1) If the household's
SNAP benefits will be reduced or terminated, notice of adverse action shall be
issued for both the PA and the SNAP actions. If the household requests a fair
hearing within the period provided by the notice of adverse action, the
household's SNAP benefits shall be continued on the basis authorized
immediately prior to sending the notice. The hearing shall be conducted
according to PA procedures and timeliness standards. However, the household
must reapply for SNAP benefits if the SNAP certification period expires before
the fair hearing process is completed. If the household does not appeal, the
change shall be made effective, when possible, in the month following the
expiration of the PA advance notice period;
(2) If the household's SNAP benefits will be
increased, a PA notice of adverse action shall be issued. The notice shall
inform the household of the proposed increase but no action shall be taken to
increase the household's SNAP benefits until the household decides whether it
will appeal the adverse action. If the household decides to appeal and its PA
benefits are continued, the household's SNAP benefits shall continue at the
previous level. If the household does not appeal, the SNAP change shall be made
effective in accordance with the timeliness standards in
106 CMR
366.120: Department Responsibility to
Take Timely Action. The time limits for acting on the change, however,
shall be calculated from the date the notice of adverse action period expires;
or
(3) When there is insufficient
information to determine how a household circumstance change affects the
household's SNAP eligibility and benefit level, a notice of adverse action
shall be issued informing the household of the termination of its PA benefits.
The notice shall also inform the household that its SNAP certification period
will expire at the end of the month following the month the notice is sent, and
that it must reapply if it wishes to continue to participate in SNAP. The
notice shall explain that the certification period is expiring because of
changes in the household's circumstances that may affect its SNAP eligibility
and benefit level. The notice shall specify that the household, if eligible for
benefits, shall be entitled to uninterrupted benefits if it files an
application by the 15th day of the last month of its
certification period and completes its recertification responsibilities. If the
household requests a fair hearing and its PA benefits are continued pending the
appeal, the household's SNAP benefits shall be continued at the same
level.
(C)
Change in Classification from a PA to an NPA SNAP
Household. When a household's SNAP classification changes from PA
to NPA, Department procedures shall be followed to assure that the household's
SNAP benefits are not terminated merely because case responsibilities are
transferred from the PA to the NPA unit. The household's resources must be
reevaluated under the resource eligibility criteria of the SNAP Program when
the classification changes from PA to NPA or all members of the household are
no longer receiving TAFDC benefits.
If there is sufficient information to determine how the change
affects the household's SNAP benefits, notification and timeliness standards
specified in 106 CMR 365.170 and in
106 CMR
366.120 through
366.220
shall be followed.
If there is insufficient information to determine the effect on
the household's SNAP eligibility and benefit level, a Notice of SNAP
Termination shall be sent. The notice must inform the household that its
certification period will expire at the end of the month following the month
the notice is sent, and that it must reapply if it wishes to continue to
participate in SNAP. The notice shall explain that the certification period is
expiring because of changes in circumstances which may affect the household's
SNAP eligibility and benefit level. The notice shall specify that the
household, if eligible for benefits, shall be entitled to uninterrupted
benefits if it files an application by the 15th day
of the last month of its certification period and completes its recertification
responsibilities.
(D)
Change from PA to NPA Status is Known to the Department at the Time
of the Public Assistance Redetermination. When a change from PA to
NPA status is known to the Department at the time of a public assistance
redetermination, the household shall nevertheless be recertified for SNAP
benefits, to the extent possible, at the same time it is redetermined for the
public assistance program.
