Section 364.320 - Anticipating IncomeIncome received during the previous four consecutive weeks shall be used as an indicator of anticipated income. If income fluctuates to the extent that a consecutive four week period alone cannot provide an accurate indication of anticipated income, the Department and the household may use a longer period of past time (e.g., eight weeks) as an indicator of future income.
The Department shall not automatically attribute to the household the amounts of any past income, nor shall it use past income as an indicator of anticipated income when changes in income have occurred or can be anticipated during the certification period.
(A)Income from Steady Employment. The four consecutive weeks prior to initial certification or prior to the recertification date shall be used as an indication of anticipated income in the month of application and subsequent months, unless: (1) the household can verify that a change in income has occurred;(2) the Department and the household are reasonably certain that an income change will occur; or(3) some other method is used to determine income as provided in 106 CMR 364.320(B) and (C) and 364.340.(B)Income from Hourly and Piecework Employment. When income is received on an hourly wage or piece work basis, weekly income may fluctuate if the wage earner works less than eight hours some days or is required to work overtime on others. In this case, the Department should consult with the household to determine the "normal" amount of income to be expected as a result of one week's work. This amount should be used to determine monthly income.(C)Income from Seasonal Employment. In cases where the household's income is seasonal, the Department may use the income from the most recent earning season that is comparable to the certification period, rather than the four consecutive weeks prior to the application/ recertification date as an indicator of anticipated income. The Department shall exercise particular caution in using income from a past season as an indicator of income for the certification period, as income may also fluctuate from one season to the same season in the following year.Amended by Mass Register Issue 1330, eff. 1/13/2017.