Section 361.200 - Household Concept/DefinitionA SNAP household is defined as:
(1) an individual who lives alone;(2) an individual living with others who purchases food and prepares meals separately; or(3) a group of individuals living together who purchase food and prepare meals together. (A) The following individuals living with others or groups of individuals living together shall be considered as purchasing food and preparing meals together even if they do not do so unless an exception applies: (1)Spouse Rule. An individual living with his or her spouse must be in the same SNAP household as the spouse. Spouses shall not be granted separate household status. Spouse is defined as either of two individuals who are legally married to one another, or who are living together and holding themselves out to the community as husband and wife by representing themselves as spouses to relatives, friends, neighbors, or tradespeople;
(2)Parental Control Rule. A child younger than 18 years old, except for a foster care child (as defined in 106 CMR 361.240(F) ), who is living with an adult household member (not the child's parent) and under the parental control of the adult household member, must be in the same SNAP household as the adult household member. Parental control means providing financial support or supervision, or both, to an individual younger than 18 years old; and
(3)Parent/Child Rule. A child younger than 22 years old living with his or her natural, adopted or stepparent(s) must be in the same SNAP household as the parent(s).(B) The following individuals living with others or groups of individuals living together shall be considered as purchasing food and preparing meals separately even if they do not do so. (1) An individual, with or without children, residing in a drug or alcohol treatment center shall be one SNAP household separate from the other residents. See 106 CMR 365.600 through 365.690.(2) A blind or disabled resident of a group living arrangement ( 106 CMR 365.600 through 365.690 ) who applies through the use of the facility's authorized representative shall be one SNAP household separate from the other residents. If a blind or disabled resident applies on his or her own behalf, the household size must be determined following the household concept rules defined in 106 CMR 361.200.(3) An individual, with or without children, residing in a shelter for battered individuals and their children shall be one SNAP household separate from the other residents. See 106 CMR 365.550: Residents of Shelters for Battered Women and Their Children.(4) An individual who is both 60 years of age or older and disabled, as defined in 106 CMR 361.200(B)(4)(a) and (b), may be a separate SNAP household when living with others who purchase food and prepare meals for such individuals, if both the following conditions are true: (a) The individual is unable to purchase food and prepare meals for himself or herself because he or she suffers from a disability considered permanent under the Social Security Act, or suffers from a non-disease-related, severe, permanent disability. If this disability is not obvious to the Department, verification of the disability is required. The verification shall be a statement from a physician that the individual is unable to purchase food and prepare meals because of the disability. Individuals meeting the disabled definition in 106 CMR 361.210 shall also be considered unable to purchase food and prepare meals for themselves.
(b) The gross income of the others, excluding the individual; and 2. his or her natural, adopted or stepchildren younger than 22 years old; or3. a children younger than 18 years old living under his or her parental control, if applicable, in accordance with 106 CMR 363.220: Income, does not exceed 165% of the net income eligibility standard for a household of the appropriate size. See 106 CMR 364.975: Standards for Special Circumstances Involving an Elderly and Disabled Individual for these eligibility standards. Such income must be verified in accordance with 106 CMR 363.210: Verification of Income. An elderly and disabled individual who meets the two conditions in 106 CMR 361.200(B)(4) and lives with his or her spouse, natural, adopted or stepchildren younger than 22 years old, or children younger than 18 years old living under his or her parental control must be in the same household as the spouse, natural, adopted or stepchildren, or children living under his or her parental control in accordance with 106 CMR 361.200(A).
Amended by Mass Register Issue 1329, eff. 12/30/2016.