Current through Register 1531, September 27, 2024
(A)
The following SNAP households are categorically eligible:
(1) Any SNAP household in which all members
receive or are authorized to receive SSI and/or Emergency Aid to the Elderly,
Disabled and Children (EAEDC) benefits;
(2) Any SNAP household in which all members
receive or are authorized to receive TAFDC benefits;
(3) Any SNAP household in which all members
receive or are authorized to receive a combination of benefits listed in 106
CMR 365.180(A)(1) or (2);
(4)
SNAP-only Temporary Assistance for Needy Families (TANF) Service Family
Households which include SNAP households:
(a)
consisting solely of a pregnant woman;
(b) with a child younger than 19 years old
living with a parent;
(c) with a
child younger than 19 years old living with a caretaker relative; and
(d) with a child younger than 19 years old
living with an adult caretaker exercising SNAP parental control pursuant to
106 CMR
361.200(A)(2):
Parental Control Rule.
These households must meet the Gross Monthly Categorical
Eligibility Income Standards at
106 CMR
364.976: Gross Monthly Categorical
Eligibility Income Standards;
(5) SNAP-only TANF Service Elder/Disabled
Households which include SNAP households consisting solely of non-SSI elders
(60 years of age or older) and/or disabled individuals in accordance with SNAP
disability standards at
106 CMR
361.210: Elderly or Disabled
Individuals. These households must meet the Gross Monthly Categorical
Eligibility Income Standards at
106 CMR
364.976: Gross Monthly Categorical
Eligibility Income Standards; and
(6) SNAP-only TANF Service Adult Households
include SNAP households consisting solely of adults between 19 and 59 years of
age. These households must meet the Gross Monthly Categorically Eligibility
Income Standards at
106 CMR
364.976:
Gross Monthly Categorical
Eligibility Income Standards.
For purposes of 106 CMR 365.180(A)(1) through (3), authorized
to receive means that an individual has been determined eligible for benefits
and has been notified of this determination, even if benefits have been
authorized but not received, authorized but not accessed, suspended or
recouped, or not paid because they are less than a minimum amount.
For purposes of 106 CMR 365.180(A)(4) through (6), a TANF
Service includes receipt of the Commonwealth of Massachusetts' Help for Those
in Need: A Resource Brochure.
(B)
SSI, TAFDC and
TANF
(1)
Ineligible
Households. An SSI, TAFDC and/or TANF household shall not be
considered categorically eligible if:
(a) the
entire household is institutionalized as defined in
106 CMR
361.200: Household
Concept;
(b) any member of
that household is disqualified from receiving SNAP benefits for the reasons
listed in
106 CMR
367.800: Disqualification
Penalties or for failing to comply with SNAP Work Program requirements
at
106 CMR
362.320: SNAP Work Program;
or
(c) a household that is a
TANF-service Household identified at 106 CMR 365.180(A)(4), (5) or (6) will not
be considered categorically-eligible if the household's income exceeds the
income standards at
106 CMR
364.976: Gross Monthly Categorical
Eligibility Income Standards.
(2)
Ineligible Household
Members. No person shall be included as a member of an otherwise
categorically eligible household if that person is:
(a) an ineligible noncitizen, in accordance
with
106 CMR 362.220:
Noncitizens;
(b)
an ineligible student, in accordance with
106 CMR 362.400
through
362.410;
(c) institutionalized in a nonexempt
facility, as defined in
106 CMR
361.240(B):
Residents of Institutions; or
(d) ineligible because of failure to comply
with the work requirements of the SNAP Program at
106 CMR
362.320: SNAP Work Program
or 367.800: Disqualification Penalties.
(C)
EAEDC.
(1)
Ineligible Households. An EAEDC household shall not be
considered categorically eligible if the household:
(a) refuses to cooperate in providing to the
Department information necessary to make a determination of its eligibility or
to complete any subsequent review of its eligibility, in accordance with
106 CMR
361.400: Household Refusal to
Cooperate;
(b) is
disqualified because the head of household fails to comply with SNAP Work
Requirements at
106 CMR
362.300: Work Requirements;
or
(c) is ineligible under striker
provisions, in accordance with
106 CMR
361.240(E):
Strikers.
(2)
Ineligible Household
Members. No person shall be included as a member of an otherwise
categorically eligible household if that person is:
(a) an ineligible noncitizen, in accordance
with
106 CMR 362.220:
Noncitizens;
(b)
an ineligible student, in accordance with
106 CMR 362.400
through
362.410;
(c) institutionalized in a nonexempt
facility, as defined in
106 CMR
361.240(B):
Residents of Institutions;
(d) disqualified for any of the reasons
listed in
106 CMR
367.800: Disqualification
Penalties or for failing to comply with SNAP Work Program requirements
at
106 CMR
362.320: SNAP Work Program;
or
(e) disqualified for failure to
provide or apply for an SSN, in accordance with
106 CMR
362.500: Social Security
Numbers.
(D)
Asset Standards.
Households that are categorically eligible, as defined in 106 CMR 365.180(A),
are not subject to asset eligibility limits.
(E)
Deemed Eligibility
Factors. The following eligibility factors shall be deemed without
further verification based on the household's categorical eligibility status:
(1) assets (except for transferred assets for
EAEDC recipients);
(2) gross and
net income eligibility standards in
106 CMR
364.950: Maximum Gross Monthly Income
Standards and 364.970: Maximum Allowable Monthly Net Income
Standards (TAFDC, EAEDC and SSI only);
(3) Social Security number information
(TAFDC, EAEDC and SSI only);
(4)
residency (TAFDC, EAEDC and SSI only); and
(5) sponsored noncitizen information (TAFDC,
EAEDC, SSI and TANF Services Family Households only).
(F)
Verification
Requirements.
(1) The Department
shall verify the following factors for SSI:
(a) each member receives SSI benefits or is
authorized to receive, as specified in 106 CMR 365.180(A)(1);
(b) the household includes no individuals who
have been disqualified in accordance with 106 CMR 365.180(B)(2);
(c) the SNAP household includes all persons
who purchase and prepare food together regardless of whether or not they are
separate units for SSI; and
(d) the
household composition meets the definition of a household, as specified in
106 CMR
361.200: Household
Concept.
(2)
The Department shall verify the following factors for EAEDC:
(a) each member receives EAEDC
benefits;
(b) the household
includes no individuals who have been disqualified for EAEDC, in accordance
with 106 CMR 365.180(C)(2)(d) and (e); and
(c) the household composition meets the
definition of a household, as specified in
106 CMR
361.200: Household
Concept.
(3)
The Department shall verify the following factors, for TANF Services
Households:
(a) the household is eligible for
the Commonwealth of Massachusetts' Help for Those in Need: A Resource Brochure;
and
(b) the income of the household
does not exceed the appropriate standards for the SNAP Only TANF Services
Household as outlined at 106 CMR 365.180(A)(5).
(c) the household includes no individuals
disqualified in accordance with 106 CMR 365.180(B)(2); and
(d) the household composition meets the
definition of a household, in accordance with
106 CMR
361.200: Household
Concept.
(G)
Determination of
Eligibility.
(1)
Pending SSI or EAEDC Eligibility. To determine if a
household will be eligible due to its status as an EAEDC or SSI household, the
SNAP eligibility determination may be temporarily postponed, within the 30-day
processing timeframe, if the household is not entitled to expedited service and
appears to be categorically eligible. However, denial of a potentially
categorically eligible household shall only be postponed until the
30th. Upon approval of the EAEDC or SSI application,
the household is considered categorically eligible if it meets all the criteria
in 106 CMR 365.180(A) through (F).
(2)
Denials. For a
household filing a joint application for SNAP and EAEDC benefits or a household
with an EAEDC or SSI application pending that is originally denied SNAP
benefits, but is later determined eligible to receive EAEDC or SSI benefits and
otherwise categorically eligible, the original application and any other
pertinent information occurring after that application shall be used to
determine benefits. A second interview is not required. However, the Department
shall use any available information to update the application and/or make mail
or phone contact with the household or authorized representative to determine
any changes in circumstances. Denied applications of a potentially
categorically eligible household must be easily retrievable.
If a determination of eligibility for EAEDC or SSI benefits is
postponed beyond 30 days, or an application for EAEDC or SSI benefits is
denied, the SNAP application should be processed immediately as an NPA case.
Any changes shall be initialed and the updated application signed by the
authorized representative or authorized household member. The Department shall
act on reevaluating the original household's EAEDC or SSI eligibility. When
applicable, the household shall be advised on the notice of denial to inform
the Department if any pending application for EAEDC or SSI benefits is
subsequently approved.
(3)
Providing Benefits. Any household determined to be
categorically eligible within the 30-day SNAP processing timeframe shall be
provided benefits back to the date of the SNAP application or, in the case of a
joint application, back to the date of the EAEDC or SSI application. Benefits
shall be prorated in accordance with
106 CMR
364.650:
Prorating Initial Month's
Benefits.
If a household whose determination of eligibility for EAEDC or
SSI benefits has been postponed beyond 30 days and whose SNAP application has
been processed as an NPA case subsequently gets approved for EAEDC or SSI
benefits, the SNAP benefits must be recalculated based on the excess medical,
uncapped shelter, and net income (elderly/disabled) provisions. Any SNAP
benefits owed back to the date of the SNAP application or from the beginning
date for which the EAEDC or SSI benefits are paid (whichever date is later)
shall be issued.
Categorically eligible one-person and two-person households are
entitled to a minimum of $16 per month except in the initial month.
Categorically eligible households with three or more members who do not qualify
for a benefit because their income exceeds the level at which benefits are
issued cannot be denied. These households' benefits must be
suspended.
