Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 365.000 - Supplemental Nutrition Assistance Program (SNAP): special situation households
Section 365.520 - Disqualified Nonhousehold Members
Universal Citation: 106 MA Code of Regs 106.365
Current through Register 1531, September 27, 2024
(A) Nonhousehold members disqualified for any reason in 106 CMR 367.800: failing to comply with the SNAP Work Program; failing to comply with the requirement to provide and verify a Social Security number at 106 CMR 362.500: Social Security Numbers; or disqualified due to an undetermined noncitizen status, nonimmigrant noncitizen status or Not Legally Residing noncitizen status shall be treated as follows:
(1)
Assets. For noncategorical households, the countable
assets of a disqualified nonhousehold member shall continue to count in their
entirety for the remaining household members.
(2)
Income. The
countable income of a disqualified nonhousehold member shall continue to count
in its entirety for the remaining household members.
(3)
Deductible
Expenses. A disqualified nonhousehold member's expenses, as listed
in
106 CMR
364.400: Determining
Deductions, shall continue to be deductible from the income of the
remaining household members.
(4)
Eligibility and Benefit Levels. A disqualified
nonhousehold member shall not be included in determining the household's size
except when calculating the household's entitlement. In no instance shall this
disqualification result in an increased SNAP benefit for the remaining
household members.
(5)
Action Required. When a household's benefits are
reduced or terminated because one of its members has been disqualified for any
of the reasons described in
106 CMR
367.800: Disqualification
Penalties; failing to comply with the SNAP Work Program; failing to
comply with the requirement to provide and verify a social security number at
106 CMR
362.500: Social Security
Numbers; or due to an undetermined noncitizen status, nonimmigrant
noncitizen status, or not legally residing noncitizen status, the Department
shall notify the remaining members of their eligibility and benefit level at
the same time the nonhousehold member being disqualified is notified of the
disqualification. The household is not entitled to a Notice of Adverse Action,
but may request a fair hearing to contest the reduction or the termination of
benefits, unless the household has already had a fair hearing consolidated with
an ADH regarding the amount of the claim, or the household has filed a signed
waiver in accordance with
106 CMR 367.660:
Waiver of an ADH.
(B) Nonhousehold Members Disqualified from Federal Snap Benefits Due to Ineligible Legal Noncitizen Status Shall Be Treated as Follows:
(1)
Assets. For
noncategorical households, the countable assets of a nonhousehold member who is
a legal noncitizen ineligible for SNAP benefits shall continue to count in
their entirety for the household.
(2)
Income.
(a) For purposes of calculating the maximum
SNAP benefit amount the household would be entitled to if all members were
SNAP-eligible, the countable income, including a common assistance grant, of a
nonhousehold member who is a legal noncitizen ineligible for SNAP benefits
shall be counted for the remaining household members, as specified in
106 CMR
364.600(C)(1): Step
One.
(b) For purposes of
calculating the SNAP benefits of the SNAP-eligible members, the countable
income, including a common assistance grant, of a nonhousehold member who is a
legal noncitizen ineligible for federal SNAP benefits shall not be counted for
the remaining household members, as specified in
106 CMR
364.600(C)(2): Step
Two.
(3)
Deductible Expenses.
(a) For purposes of calculating the maximum
SNAP benefit the household would be entitled to if all members were
SNAP-eligible, all deductions shall be applied to the household in accordance
with
106 CMR
364.600(C)(1): Step
One.
(b) For purposes of
calculating the SNAP benefits of the SNAP-eligible household members:
1. The standard deduction shall be applied to
the SNAP-eligible household;
2. The
homeless deduction shall be applied to the SNAP-eligible household if the
SNAP-eligible household meets the requirements at
106 CMR
364.400(F): Homeless
Shelter/Utility Deduction;
3. The shelter expense deduction shall be
applied to the SNAP-eligible household if the SNAP-eligible household has
income;
4. The earned income
deduction shall be applied as follows:
a. The
earned income deduction of a SNAP-eligible member with earnings shall be
applied to the SNAP-eligible household; and
b. The earned income deduction of a
nonhousehold member with earnings who is a legal noncitizen ineligible for
federal SNAP benefits shall not be applied to the SNAP-eligible
household;
5. A
deduction for child support paid shall be applied as follows:
a. A deduction for child support paid by an
SNAP-eligible member shall be applied to the SNAP-eligible household.;
and
b. A deduction for child
support paid by a nonhousehold member who is a legal noncitizen ineligible for
federal SNAP benefits shall not be applied to the SNAP-eligible
household;
6. A
deduction for dependent care costs paid shall be applied as follows:
a. A deduction for dependent care costs paid
by an SNAP-eligible member shall be applied to the SNAP-eligible household;
and
b. A deduction for dependent
care paid by a nonhousehold member who is a legal noncitizen ineligible for
federal SNAP benefits shall not be applied to the SNAP-eligible household;
and
7. A deduction for
medical expenses:
a. A deduction for medical
expenses of a SNAP-eligible member shall be applied to the SNAP-eligible
household; and
b. A deduction for
medical expenses of a nonhousehold member who is a legal noncitizen ineligible
for federal SNAP benefits shall not be applied to the SNAP-eligible household,
in accordance with
106 CMR
364.600(C)(2): Step
Two.
(4)
Eligibility and Benefit
Levels.
(a) For purposes of
calculating the maximum SNAP benefit the household would be entitled to if all
members were SNAP-eligible, a nonhousehold member who is a legal noncitizen
ineligible for federal SNAP benefits shall be included in determining the
household's size. See
106 CMR
364.600(C)(2): Step
Two.
(b) For purposes of
calculating the SNAP benefits of the SNAP-eligible members, a nonhousehold
member who is a legal noncitizen ineligible for federal SNAP benefits shall not
be included in determining the household size.
(5)
Action Required.
When a household's benefits are reduced or terminated due to the presence of a
legal noncitizen ineligible for federal SNAP benefits, the case manager shall
issue a Notice of Adverse Action informing the household that the individual is
no longer eligible for SNAP benefits, the eligibility and benefit level of the
remaining members, and the actions the household must take to end the
disqualification, if applicable.
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