Section 365.170 - Department Action on Reported ChangesExcept as provided in 106 CMR 365.170, action shall be taken on reported changes in accordance with the notification and timeliness standards specified in 106 CMR 366.100 through 366.220. Public Assistance (PA) households must be notified whenever their SNAP benefits are altered as a result of changes in their PA benefits. They must also be informed whenever their SNAP certification period is shortened due to changes in household circumstances.
106 CMR 365.170(A) through (C) provide special instructions for handling PA households that, during their certification period, experience:
(1) a reduction in their PA benefits;(2) termination of their PA benefits; or(3) a change in household circumstances resulting in a change in their SNAP classification from PA to NPA. 106 CMR 365.170(D) provides special instructions for handling a change from PA to NPA status that is known to the Department at the time of a PA redetermination.
(A)Reduction in Public Assistance Benefits. When the household circumstance change results in a reduction in the household's PA benefits and a reduction or termination in its SNAP benefits within its SNAP certification period, notice of adverse action shall be issued for both the PA and the SNAP actions. If the household requests a fair hearing within the period provided by the notice of adverse action, the household's SNAP benefits shall be continued on the basis authorized immediately prior to sending the notice. The hearing shall be conducted according to PA procedures and timeliness standards. However, the household must reapply for SNAP benefits if the SNAP certification period expires before the fair hearing process is completed. If the household does not appeal, the change shall be made effective in the month following the expiration of the advance notice period, when possible. When the household circumstance change requires a reduction in the household's PA benefits but an increase in its SNAP benefits, a PA notice of adverse action shall be issued. The notice shall inform the household of the proposed increase but no action shall be taken to increase SNAP benefits until the household decides whether to appeal the proposed action to reduce the cash assistance. If the household decides to appeal and its PA benefits are continued, the household's SNAP benefits shall continue at the previous level. If the household does not appeal, action shall be taken to make the SNAP change effective in accordance with the timeliness standards of 106 CMR 366.120: Department Responsibility to Take Timely Action. The time limits for acting on the change, however, shall be calculated from the date the PA notice of adverse action period expires.
(B)Termination of Public Assistance Benefits. When a household circumstance change results in termination of the household's PA benefits, members of the household who lose their SNAP work registration exemption must be advised of the SNAP work registration requirements, if applicable. When there is sufficient information to determine how the change effects the household's SNAP eligibility and benefit level, the following action shall be taken: (1) If the household's SNAP benefits will be reduced or terminated, notice of adverse action shall be issued for both the PA and the SNAP actions. If the household requests a fair hearing within the period provided by the notice of adverse action, the household's SNAP benefits shall be continued on the basis authorized immediately prior to sending the notice. The hearing shall be conducted according to PA procedures and timeliness standards. However, the household must reapply for SNAP benefits if the SNAP certification period expires before the fair hearing process is completed. If the household does not appeal, the change shall be made effective, when possible, in the month following the expiration of the PA advance notice period;(2) If the household's SNAP benefits will be increased, a PA notice of adverse action shall be issued. The notice shall inform the household of the proposed increase but no action shall be taken to increase the household's SNAP benefits until the household decides whether it will appeal the adverse action. If the household decides to appeal and its PA benefits are continued, the household's SNAP benefits shall continue at the previous level. If the household does not appeal, the SNAP change shall be made effective in accordance with the timeliness standards in 106 CMR 366.120: Department Responsibility to Take Timely Action. The time limits for acting on the change, however, shall be calculated from the date the notice of adverse action period expires; or(3) When there is insufficient information to determine how a household circumstance change affects the household's SNAP eligibility and benefit level, a notice of adverse action shall be issued informing the household of the termination of its PA benefits. The notice shall also inform the household that its SNAP certification period will expire at the end of the month following the month the notice is sent, and that it must reapply if it wishes to continue to participate in SNAP. The notice shall explain that the certification period is expiring because of changes in the household's circumstances that may affect its SNAP eligibility and benefit level. The notice shall specify that the household, if eligible for benefits, shall be entitled to uninterrupted benefits if it files an application by the 15th day of the last month of its certification period and completes its recertification responsibilities. If the household requests a fair hearing and its PA benefits are continued pending the appeal, the household's SNAP benefits shall be continued at the same level.(C)Change in Classification from a PA to an NPA SNAP Household. When a household's SNAP classification changes from PA to NPA, Department procedures shall be followed to assure that the household's SNAP benefits are not terminated merely because case responsibilities are transferred from the PA to the NPA unit. The household's resources must be reevaluated under the resource eligibility criteria of the SNAP Program when the classification changes from PA to NPA or all members of the household are no longer receiving TAFDC benefits. If there is sufficient information to determine how the change affects the household's SNAP benefits, notification and timeliness standards specified in 106 CMR 365.170 and in 106 CMR 366.120 through 366.220 shall be followed.
If there is insufficient information to determine the effect on the household's SNAP eligibility and benefit level, a Notice of SNAP Termination shall be sent. The notice must inform the household that its certification period will expire at the end of the month following the month the notice is sent, and that it must reapply if it wishes to continue to participate in SNAP. The notice shall explain that the certification period is expiring because of changes in circumstances which may affect the household's SNAP eligibility and benefit level. The notice shall specify that the household, if eligible for benefits, shall be entitled to uninterrupted benefits if it files an application by the 15th day of the last month of its certification period and completes its recertification responsibilities.
(D)Change from PA to NPA Status is Known to the Department at the Time of the Public Assistance Redetermination. When a change from PA to NPA status is known to the Department at the time of a public assistance redetermination, the household shall nevertheless be recertified for SNAP benefits, to the extent possible, at the same time it is redetermined for the public assistance program.Amended by Mass Register Issue 1330, eff. 1/13/2017.