Code of Massachusetts Regulations
106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE
Title 106 CMR 704.000 - Transitional Cash Assistance Program: Financial Eligibility
Section 704.335 - Circumstances Governed by Legal Support Obligations for EAEDC

Universal Citation: 106 MA Code of Regs 106.704

Current through Register 1531, September 27, 2024

(A) Spouses. Spouses have a legal obligation to support their spouses and at the same time have a right to receive support from them. If the applicant's or client's spouse is living in the same household, his or her income must be used to determine the applicant's or client's eligibility. The requirements for the treatment of the spouses's income are provided in 106 CMR 704.335(B) and (C).

(B) Income.

(1) Excluding the types of noncountable income as provided in 106 CMR 704.250, the income of the applicant's or client's spouse who lives in the same household but who is not an EAEDC or TAFDC applicant or client, shall be deemed to the applicant or client as follows:
(a) If there is only earned income, the amount of income deemed to the assistance unit is:
1. the monthly gross earned income less the work-related-expense deduction as provided in 106 CMR 704.270; and

2. less an amount equal to the appropriate standard as provided in 106 CMR 704.440;

(b) If there is only unearned income, the amount deemed to the assistance unit shall be the result of subtracting an amount equal to the appropriate standard as provided in 106 CMR 704.440 from monthly gross unearned income; or

(c) If there is both earned and unearned income, the amount deemed to the assistance unit is:
1. the gross monthly earned income less the work-related-expense deduction;

2. plus the gross monthly unearned income; and

3. less the appropriate standard.

(2) The countable income of the spouse shall not be deemed as specified in 106 CMR 704.335(B)(1)(c)1. through 3. when the only income of the spouse is from a cash assistance program administered by the Department.

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