Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 704.000 - Transitional Cash Assistance Program: Financial Eligibility
Section 704.305 - Composition of the TAFDC Assistance Unit and Filing Unit
Universal Citation: 106 MA Code of Regs 106.704
Current through Register 1531, September 27, 2024
(A) Composition of the Assistance Unit.
(1) Whenever a TAFDC application is made for
a dependent child, the following persons must be included in the assistance
unit:
(a) the dependent child as defined in
106
CMR 701.600: Definition of
Terms;
(b) the parent of
the dependent child living in the same household as the dependent child;
and
(c) all siblings of the
dependent child who are related by blood or adoption and living in the same
household as the dependent child and who are themselves dependent children.
Stepbrothers and stepsisters are not required to be in the assistance
unit.
(2) Whenever an
application is made for a dependent child by a grantee who is not the parent,
except for the dependent child as described in
106
CMR 704.305(A)(3), this
child must be included in the same assistance unit unless to do so would cause
the child to become homeless or to endure undue hardship. In this instance the
Department may waive
106
CMR 704.305(A)(2).
(3) Whenever an application is made for a
dependent child living in the same household as his or her teen parent younger
than 18 years old and the parents of the teen parent, the assistance unit must
be composed in accordance with
106
CMR 704.320(B).
See
106
CMR 704.236 for determining the financial
eligibility of teen parents younger than 18 years old.
(4) Whenever an application is made for a
pregnant woman, as defined in
106
CMR 703.210: TAFDC Dependent Child:
Pregnancy, the assistance unit must include the pregnant woman only.
See
106
CMR 704.235(C) for
determining the financial eligibility of pregnant women.
(5) Certain persons are not included in the
assistance unit because they are ineligible for TAFDC. Ineligible persons
include, but are not limited to, the following:
(a) any person receiving SSI. However, if the
only dependent child is receiving SSI, the parent or other relative as provided
in 106 CMR 703.310:
TAFDC Relationship may constitute an assistance
unit;
(b) a child getting state
and/or federal foster-care maintenance payments, including the child of the
foster child when the foster-care maintenance payment includes the child.
However, if the only dependent child is getting foster-care maintenance
payments, the foster parent, may constitute an assistance unit.
(c) a child getting state and/or federal
adoption assistance. However, if the only dependent child is receiving adoption
assistance, the adoptive parents may constitute an assistance unit;
(d) an assistance unit made ineligible as a
result of the lump sum income provision;
(e) an applicant categorically ineligible due
to his or her noncitizen status. However, income from an individual who has a
legal obligation to support and who lives in the same household as the
dependent child shall be deemed to the assistance unit in accordance with
106
CMR 704.330(B)(1);
(f) a noncitizen who is ineligible because
the noncitizen indicated an inability or unwillingness to provide information
about, or acceptable verification of, an eligible noncitizen status or to
provide, or apply for, a Social Security Number due to immigration status in
accordance with
106
CMR 703.400: Citizens, Noncitizen,
and Canadian-born Indians. However, income from an individual who has
a legal obligation to support and lives in the same household as the dependent
child shall be deemed to the assistance unit in accordance with
106
CMR 704.330(B)(1); and These
persons listed in
106
CMR 704.305(A)(5)(a) through
(g) are also excluded from the filing
unit.
(B) Composition of the Filing Unit. The following individuals must be included in the filing unit, (their income must be included in determining the assistance unit's eligibility and the grant amount):
(1) All individuals in the assistance unit as
defined in
106
CMR 704.305(A);
and
(2) Individuals required to be
in the assistance unit, but who have failed to fulfill an eligibility
requirement, been sanctioned, or have failed to cooperate. This includes, but
is not limited to, the following:
(a) an
individual sanctioned for failure to comply with child support requirements as
provided in
106
CMR 703.500: TAFDC Cooperation with
Child Support Requirements;
(b) an individual sanctioned for failure to
comply with the Department's employment and training program requirements as
provided in 106 CMR 707.000: ESP Overview/Participation
Requirements;
(c) an
individual sanctioned for failure to comply with the Work Program as provided
in 106 CMR 703.150:
TAFDC Work Program;
(d) an individual sanctioned for failure to
comply with the immunization requirements as provided in
106
CMR 703.160: TAFDC
Immunizations;
(e) an
individual sanctioned for failure to comply with the Learnfare requirements as
provided in
106
CMR 703.170: TAFDC
Learnfare;
(f) an
individual who fails to meet the requirement to provide a social security
number;
(g) an individual
sanctioned for failure to cooperate in identifying and providing information
that would help the Department pursue any third-party liability for medical
services, as provided in
106
CMR 703.540: TAFDC Cooperation in
Obtaining Third-party Liability Coverage for Medical
Services;
(h) a teen
parent sanctioned for the first instance of noncompliance with the school
attendance requirements as provided in
106
CMR 703.181: TAFDC Teen Parent
Eligibility; and
(i) an
individual sanctioned for a court conviction for fraud as provided in
106
CMR 706.305: Intentional Program
Violations (IPV) Disqualification Penalties
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