Current through Register 1531, September 27, 2024
Emergency Assistance may be provided, in accordance with the
timetable in
760
CMR 67.08, on behalf of a needy child younger
than 21 years of age or a pregnant woman without any needy children and other
members of the household provided the following criteria are met.
(1) The child:
(a)
1. Is
living within the EA household. For the purposes of
760 CMR
67.00, the EA household consists of the needy
child(ren), the parent(s), stepparent or caretaker relative(s) of the needy
child, a legal guardian and the siblings (including half-siblings and
step-siblings) of the needy child, who themselves are younger than 21 years of
age.
2. In extraordinary
circumstances, the Department may include other relatives of the needy child in
the EA household with the approval of the Associate Director or his or her
designee.
3. Verification of
relationship to the needy child shall be in accordance with
106
CMR 703.310: TAFDC
Relationship; or
(b) in the case of a pregnant woman, is an
unborn child. For the purposes of
760 CMR
67.00, the household consists of the pregnant woman
and her spouse. The pregnancy must be verified in writing by a statement from a
competent medical authority as defined in
106
CMR 701.600: Definition of
Terms.
(c) is a member of
a household in which all members of the EA household shall be residents of the
Commonwealth of Massachusetts and shall demonstrate residency as an element of
basic verification of identity. A household must demonstrate qualification as
an EA household pursuant to
760
CMR 67.02(1) by providing
basic verification of identity and relationship before it can appear eligible
for placement pursuant to
760
CMR 67.06(1)(c).
(2) The child or pregnant woman's
need has not occurred because the child or pregnant woman or a relative with
whom the child or pregnant woman lives refused without good cause, as defined
in 106 CMR 701.380: Good
Cause Criteria, to accept employment or training for
employment.
(3) Emergency
Assistance benefits for the household will be denied if the EA applicant or a
member of the household reduced his or her earnings from employment or
terminated his or her employment within 90 days prior to the month of
application without good cause as defined in
106
CMR 701.380: Good Cause
Criteria.
(4) Emergency
Assistance benefits for the household will be terminated if an EA household
member reduces his or her earnings from employment or terminates his or her
employment without good cause as defined in
106
CMR 701.380: Good Cause
Criteria.
(5)
(a) At the time of the initial eligibility
determination, the household must have gross monthly income equal to or less
than 115% of the Federal Poverty Level adjusted for household size. These
standards as adjusted annually based on changes in the Federal Poverty Level,
are posted at
www.mass.gov/dta and viewed
by selecting the Program Eligibility Charts and Tables link under Key
Resources. Paper copies are available upon request.
(b) Gross income for an EA applicant shall be
determined in accordance with
106
CMR 704.210 through
704.230; 704.240(A) and (B);
704.250(A)(2) through 704.250(QQ); and 704.290. Receipt of Lump Sum Income in
accordance with
106
CMR 704.240 shall not activate either the
requirements of
106
CMR 704.240(C) and (D) or
the six-month period of continued shelter benefits as described in
760
CMR 67.02(5). After all
applicable exclusions are made in accordance with
106
CMR 704.240(B), the
remaining Lump Sum Income shall be treated as an asset in accordance with
760
CMR 67.02(6). TAFDC, EAEDC,
and SSI are countable income.
(c)
EA benefits will be denied if the applicant household's monthly gross income
exceeds 115% of the then-applicable Federal Poverty Level for a household of
that size.
(d) An EA household will
be subject to termination of shelter benefits if the EA household's income
exceeds 200% of the Federal Poverty Level, referred to below as the Continuing
EA Eligibility Standard (excepting the receipt of Lump Sum Income as defined in
106
CMR 704.240:
Lump Sum
Income) for a continuous 90-day period. The termination will be
effective six months after DHCD issuance of an over-income notice in accordance
with 760 CMR 67.02.
1. Once DHCD becomes aware that the recipient
EA household's gross monthly income exceeds the Continuing EA Eligibility
Standard, DHCD will provide an over-income notice to the EA household. The
over-income notice will specify the date on which the household's gross monthly
income first exceeded the Continuing EA Eligibility Standard.
2. Following issuance of the over-income
notice, DHCD staff will review household income every 30 days until 90 days
have passed from the date on which the household's gross monthly income first
exceeded the Continuing EA Eligibility Standard.
3. If, at any point during this income review
period, the recipient EA household's gross monthly income falls below the
Continuing EA Eligibility Standard, the household will be so informed and the
household will no longer be subject to termination of shelter benefits based on
its household income having exceeded the Continuing EA Eligibility Standard as
of the date specified in the over-income notice. The EA household will remain
subject to all applicable EA eligibility requirements, and may be subject to
termination if the household becomes ineligible for continued EA shelter
benefits during this period for another reason.
4. If the recipient EA household's gross
monthly income remains above the Continuing EA Eligibility Standard for a
sustained and consecutive 90-day period from the date on which the household's
gross monthly income first exceeded the Continuing EA Eligibility Standard as
noted in the over-income notice, the EA household will receive a termination
notice specifying that the EA household's shelter benefits will cease six
months after the date of the over-income notice.
(e) There shall be an expedited hearing and
an expedited fair hearing decision for all appeals of temporary emergency
shelter decisions including initial placement(s), findings of noncompliance,
transfer(s) and termination(s). A decision may be implemented by the Department
three working days after the decision is mailed to the household. An applicant
or recipient may not have the hearing postponed, continued, or rescheduled
without good cause as specified in
106
CMR 343.320(D): Good
Cause. The verification of good cause for failure to appear for a
hearing must be provided by the recipient within five working days of the
scheduled hearing.
(f) Temporary
emergency shelter benefits continued pending an appeal decision shall be in a
shelter designated by the Department. The EA household may remain in the
temporary emergency shelter placement location occupied on the date of the
appeal pending the fair hearing decision with the approval of the shelter
provider.
(g) When the subject of
the appeal is an extension of shelter benefits beyond the six-month period
under
760
CMR 67.02, the hearing officer shall not
substitute his or her judgment for that of the Associate Director or his or her
designee. Such actions may only be overturned by a hearing officer if it is
found that the Associate Director or his or her designee have abused his or her
discretion when making the determination on the extension
request.
(6)
(a) The household's total countable assets do
not exceed $5000. Assets of both TAFDC and non-TAFDC recipients are determined
in accordance with
106 CMR 704.120
through
704.140. EA
households composed solely of TAFDC recipients are automatically
asset-eligible.
(b) The asset limit
shall not apply to the household that is participating in the Department's
Local Housing Authority Placement Program, or to a household with savings as
specified in its rehousing plan.
(c) The portion of the household's gross
income that is escrowed during the six-month period as described in 760 CMR
67.02(5) is a non-countable asset.
(7) EA may be provided to or on behalf of an
EA household member who is a citizen in accordance with 106 CMR 703.670:
Citizens, an American Indian in accordance with 106 CMR
703.685: American Indian Born in Canada, a noncitizen in
accordance with 106 CMR 703.675: Noncitizens, or a noncitizen
lawfully admitted for permanent residence or otherwise permanently residing
under color of law in the U.S.
A household consisting only of noncitizens neither described in
106 CMR 203.675: Noncitizens, nor admitted for permanent
residence, nor residing under color of law in the U.S. is ineligible for
Emergency Assistance benefits.
(8) No member of the EA household has within
one year immediately prior to the filing of an application for Emergency
Assistance made an assignment or transfer of real or personal property for the
purpose of becoming eligible for Emergency Assistance.
(9) An EA household is required to report to
the Department within ten calendar days any change in circumstances as
specified in
106 CMR
701.420: Responsibility for
Notification of Changes that may affect its continued EA eligibility.
Continued eligibility for EA must be reviewed any time that the Department
obtains information indicating a change in the EA household's circumstances and
needs more information to determine the exact effect of the change(s) on its
continued EA eligibility. The eligibility review shall include a review of all
financial and nonfinancial aspects of the EA household's eligibility. The EA
household must provide the applicable verifications specified by the Department
for continued eligibility.
(10) If
an applicant EA household either fails to appear at the designated placement
without good cause as defined in
106 CMR
701.380: Good Cause Criteria
or
760 CMR 67.03(4)
or refuses a placement offered by the
Department, the household will be ineligible for EA for the 12 months following
the refusal or failure to appear.
(11) An individual is not eligible for
Emergency Assistance benefits if the EA individual has an outstanding default
or arrest warrant issued against him or her by any court of the Commonwealth,
and the warrant has not been resolved within 30 days of the individual being
notified of the warrant by the Department. Evidence of the outstanding default
or arrest warrant appearing in the Massachusetts Warrant Management System, or
any successor system, shall be sufficient grounds for such action by the
Department.
