Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 704.000 - Transitional Cash Assistance Program: Financial Eligibility
Section 704.330 - Circumstances Governed by Legal Support Obligations for TAFDC
Universal Citation: 106 MA Code of Regs 106.704
Current through Register 1531, September 27, 2024
(A) Circumstances in which legal support obligations exist include the following circumstances:
(1)
Natural or Adoptive
Parents.
(a) Natural or adoptive
parents have a legal obligation to support their minor children.
(b) A natural or adoptive parent living in
the same household as the child, must have his or her income used to determine
eligibility of the dependent child even if the parent is not eligible to be
included in the assistance unit or required to be in the filing unit.
(2)
Spouses. Spouses have a legal obligation to support
their spouses and, at the same time, have a right to receive support from them.
(a) If the grantee's spouse is living in the
same household, his or her income must be used to determine the grantee's
eligibility;
(b) If the grantee's
spouse living in the same household is a stepparent, see
106
CMR 704.235 to determine the amount of the
stepparent's income that is deemed to the assistance unit.
(B) Income, excluding noncountable income as provided in 106 CMR 704.250, of those persons who have a legal obligation to support and who live in the same household as the dependent child shall be treated as follows:
(1) Persons
who are not required to be in the filing unit and are not applying for or
receiving TAFDC for themselves shall have their income deemed to the filing
unit in accordance with
106
CMR 704.235; and
(2) Persons who must be in the filing unit
but are excluded from the assistance unit because they failed to cooperate
and/or have been sanctioned in accordance with
106
CMR 703.150: TAFDC Work
Program, 703.181: TAFDC Teen Parent School
Attendance, 703.500: TAFDC Cooperation with Child Support
Requirements, 703.525: TAFDC Result of Sanction for Failure to
Cooperate Without Good Cause, 703.160: TAFDC
Immunizations, 706.305: Intentional Program Violations (IPV)
Disqualification Penalties, 706.410: Direct Deposit
or 707.200: Failure to Meet Employment Development Plan (EDP)
Requirements or the Work Program Requirements, shall have their income
made available to the filing unit in accordance with
106
CMR 704.310.
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