Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility
Section 703.100 - TAFDC Exemptions from Time-limited Benefits

(a) is disabled as defined in 106 CMR 703.190. A client who requests an exemption under this clause shall, as a condition of continued eligibility, apply for Social Security Disability benefits (RSDI/SSI) and, if requested by the Department, appeal a denial of Social Security Disability benefits at the Social Security Administration as specified in 106 CMR 703.190. Clients who do not comply with the Department's request to apply for Social Security Disability benefits or appeal a decision shall not be granted a work exemption under this clause;

(b) is essential to the care of one of the following disabled persons living in the home:

(c) is in their 33rd week or later of pregnancy or in their third trimester of pregnancy who have submitted documentation signed by a primary care provider or an obstetrician, gynecologist, nurse-midwife or family practitioner that the client has a pregnancy-related medical condition that prevents the client from working;

(d) has a child living in the home younger than two years of age and in the assistance unit or is not in the assistance unit in accordance with 106 CMR 704.305(A)(5)(a), (b), and (c) because the child:

(e) has a child living in the home under the age of three months and not included in the assistance unit;

(f) is a teen parent younger than 20 years old who is meeting the living arrangement requirements found at 106 CMR 703.180 and attending school, not beyond high school, full time; or a combination of a full-time HiSET program and participation in an approved training or employment-related activity for a total of 20 hours per week; or if living in a teen structured living program, meeting the requirements found at 106 CMR 703.183;

(g) is an ineligible grantee, except that an ineligible grantee who has a legal obligation to support his or her dependent children in the assistance unit shall not be exempt unless he or she meets one of the exemptions specified in 106 CMR 703.100(A)(1)(a) through (f) or (h); or he or she cannot work for pay due to his or her alien status; or

(h) is 66 years of age or older or a grantee between 60 and 66 years of age, who is the primary caregiver for the child and retired prior to applying for TAFDC benefits [Note: 106 CMR 703.100(A)(1)(h) was formerly found at 106 CMR 203.100(A)(1)(h)] .

(a)106 CMR 703.100(A)(1)(a) as a disabled grantee, the other parent may not claim an exemption at 106 CMR 703.100(A)(1)(b), (d), or (e) unless there is medical documentation that the disabled grantee is unable to provide care for the person listed in 106 CMR 703.100(A)(1)(b), (d), or (e); and/or

(b)106 CMR 703.100(A)(1)(c) as a pregnant woman, the other parent may not claim an exemption at 106 CMR 703.100(A)(1)(b), (d), or (e) unless there is medical documentation that the pregnant woman is unable to provide care for the person listed in 106 CMR 703.100(A)(1)(b), (d), or (e).

(a) verification that the disabled child receives Supplemental Security Income (SSI); or written verification of the disability from the disabled child's competent medical authority as defined in 106 CMR 701.600: Definition of Terms. This verification must be on a form prescribed by the Department;

(b) On the form referrenced in 106 CMR 703.100(B)(2)(a), a statement specifying the severity of the child's disability and the extent of the care the disabled child requires; and

(c) If the child attends school full time, or is otherwise out of the home, documentation that the child has disability-related needs during the day and/or night, which require care that prevents the grantee from looking for, obtaining or keeping full-time employment. Documentation may be provided on the form referenced in 106 CMR 703.100(B)(2)(a), or by a statement from the grantee, that is supported by another document or third party source.

(a) verification that the disabled person:

(b) written documentation on a form prescribed by the Department completed by a competent medical authority as defined in 106 CMR 701.600: Definition of Terms that specifies the severity of the disability, the reason the grantee is essential to the care of the disabled person, and that the grantee cannot be employed because he or she must be in the home to care for the disabled person.