Section 327.220 - State Living ArrangementsAn individual's SSP benefit amount is determined by their living arrangement.
(A)State Living Arrangement A: Full Cost of Living. (1)State Living Arrangement A includes an individual who is in Federal Living Arrangement A and is:(a)Living Alone included in those who live alone, are individuals who rent a room in a commercial rooming house which does not provide board or who live in a hotel. Also, individuals who rent only a room in a private residence are considered living alone if they do not use the residential kitchen facilities for preparation of his or her meals.(b) Living only with his or her SSI or SSP eligible spouse.(c) Living only with his or her SSI or SSP eligible spouse and his or her SSI or SSP ineligible children, none of whom receive public income maintenance payments. See106 CMR 327.110(E).(d) Living only with his or her SSI or SSP ineligible spouse and/or his or her SSI or SSP ineligible children, none of whom receive public income maintenance payments. For the purposes of 106 CMR 327.220(A)(1)(a) through (d), foster children placed with anyone other than their parents are not considered to be living with the foster parent.
(2)State Living Arrangement A includes an individual who is in Federal Living Arrangement C, if none of the people with whom he or she is living receives public income maintenance payments.(3)State Living Arrangement A includes an individual who does not meet the definitions in 106 CMR 327.220(A)(1) or (2), if he or she (or he or she and his or her spouse) are paying at least % of the household's expenses. Public income maintenance payments that are received by the SSP client's spouse who is not eligible for SSI or SSP cannot be used to determine the contribution to the household's expenses.(4)State Living Arrangement A includes an individual living in a public congregate housing development funded through M.G.L. c. 121B, §§ 38 through 41A, or §§ 42 through 44A (originally known as St. 1954, c. 667 and St. 1966, c. 707) and as provided by Massachusetts in a list to be updated as necessary, of such public congregate housing developments. A public income maintenance payment is a payment from any of the following programs: SSI, TANF TAFDC, Refugee Act of 1980, Disaster Relief Act of 1974, general assistance programs of the Bureau of Indian Affairs, Veterans Administration benefits based on need, or any State or local governmental assistance program based on need.
(B)State Living Arrangement B: Shared Living Expenses.(1)State Living Arrangement B includes an individual not found to be living in the household of another under Federal rules and not meeting the criteria for State living arrangements A, E or G.(2)State Living Arrangement B includes those living in group-care facilities where Medicaid is paying 50% or less of the cost of care, foster homes, commercial boarding homes or other facilities which do not meet the criteria for living arrangement E or congregate housing defined in Living Arrangement A in 106 CMR 327.220(A)(4).(3)State Living Arrangement B includes transient individuals, homeless individuals, and residents of public emergency shelters.(4)State Living Arrangement B includes those living in a commercial boarding house, foster home or halfway house.(C)State Living Arrangement C: Living in the Household of Another. State Living Arrangement C includes an individual or couple living in the household of another and determined by the Social Security Administration to be receiving sufficient support to necessitate a reduction of 1/3 in the Federal SSI benefit rate.
(D)State living Arrangement E: Domiciliary Care-State Living Arrangement E includes an individual living in a licensed rest home where he or she pays a fixed rate as established by the Massachusetts Executive Office of Health and Human Services. The total payment, combined SSI and SSP, includes an allowance for personal needs. Specifically excluded from this category are persons institutionalized in Title XIX facilities or in a public institution when the individual is not being charged for his or her care.(E)State Living Arrangement F: Medicaid Facilities. State Living Arraignment F includes an individual living in a medical facility where Medicaid pays more than 50% of the cost of care.
State Living Arrangement G: Assisted Living.
State Living Arrangement G includes individuals certified by Massachusetts to be residing in an assisted living residence (ALR) served by a certified Group Adult Foster Care (GAFC) provider who is not receiving assistance under any other federal or state rental assistance program and who pays a fixed, non-separable fee for rent and supportive services, other than medically necessary services reimbursed by Medicaid.
Adopted by Mass Register Issue 1316, eff. 7/1/2016.Amended by Mass Register Issue 1390, eff. 5/3/2019.