106 Mass. Reg. 365.180

Current through Register 1523, June 7, 2024
Section 365.180 - Categorically Eligible Households
(A) The following SNAP households are categorically eligible:
(1) Any SNAP household in which all members receive or are authorized to receive SSI and/or Emergency Aid to the Elderly, Disabled and Children (EAEDC) benefits;
(2) Any SNAP household in which all members receive or are authorized to receive TAFDC benefits;
(3) Any SNAP household in which all members receive or are authorized to receive a combination of benefits listed in 106 CMR 365.180(A)(1) or (2);
(4) SNAP-only Temporary Assistance for Needy Families (TANF) Service Family Households which include SNAP households:
(a) consisting solely of a pregnant woman;
(b) with a child younger than 19 years old living with a parent;
(c) with a child younger than 19 years old living with a caretaker relative; and
(d) with a child younger than 19 years old living with an adult caretaker exercising SNAP parental control pursuant to 106 CMR 361.200(A)(2): Parental Control Rule.

These households must meet the Gross Monthly Categorical Eligibility Income Standards at 106 CMR 364.976: Gross Monthly Categorical Eligibility Income Standards;

(5) SNAP-only TANF Service Elder/Disabled Households which include SNAP households consisting solely of non-SSI elders (60 years of age or older) and/or disabled individuals in accordance with SNAP disability standards at 106 CMR 361.210: Elderly or Disabled Individuals. These households must meet the Gross Monthly Categorical Eligibility Income Standards at 106 CMR 364.976: Gross Monthly Categorical Eligibility Income Standards; and
(6) SNAP-only TANF Service Adult Households include SNAP households consisting solely of adults between 19 and 59 years of age. These households must meet the Gross Monthly Categorically Eligibility Income Standards at 106 CMR 364.976: Gross Monthly Categorical Eligibility Income Standards.

For purposes of 106 CMR 365.180(A)(1) through (3), authorized to receive means that an individual has been determined eligible for benefits and has been notified of this determination, even if benefits have been authorized but not received, authorized but not accessed, suspended or recouped, or not paid because they are less than a minimum amount.

For purposes of 106 CMR 365.180(A)(4) through (6), a TANF Service includes receipt of the Commonwealth of Massachusetts' Help for Those in Need: A Resource Brochure.

(B)SSI, TAFDC and TANF
(1)Ineligible Households. An SSI, TAFDC and/or TANF household shall not be considered categorically eligible if:
(a) the entire household is institutionalized as defined in 106 CMR 361.200: Household Concept;
(b) any member of that household is disqualified from receiving SNAP benefits for the reasons listed in 106 CMR 367.800: Disqualification Penalties or for failing to comply with SNAP Work Program requirements at 106 CMR 362.320: SNAP Work Program; or
(c) a household that is a TANF-service Household identified at 106 CMR 365.180(A)(4), (5) or (6) will not be considered categorically-eligible if the household's income exceeds the income standards at 106 CMR 364.976: Gross Monthly Categorical Eligibility Income Standards.
(2)Ineligible Household Members. No person shall be included as a member of an otherwise categorically eligible household if that person is:
(a) an ineligible noncitizen, in accordance with 106 CMR 362.220: Noncitizens;
(b) an ineligible student, in accordance with 106 CMR 362.400 through 362.410;
(c) institutionalized in a nonexempt facility, as defined in 106 CMR 361.240(B): Residents of Institutions; or
(d) ineligible because of failure to comply with the work requirements of the SNAP Program at 106 CMR 362.320: SNAP Work Program or 367.800: Disqualification Penalties.
(C)EAEDC.
(1)Ineligible Households. An EAEDC household shall not be considered categorically eligible if the household:
(a) refuses to cooperate in providing to the Department information necessary to make a determination of its eligibility or to complete any subsequent review of its eligibility, in accordance with 106 CMR 361.400: Household Refusal to Cooperate;
(b) is disqualified because the head of household fails to comply with SNAP Work Requirements at 106 CMR 362.300: Work Requirements; or
(c) is ineligible under striker provisions, in accordance with 106 CMR 361.240(E): Strikers.
(2)Ineligible Household Members. No person shall be included as a member of an otherwise categorically eligible household if that person is:
(a) an ineligible noncitizen, in accordance with 106 CMR 362.220: Noncitizens;
(b) an ineligible student, in accordance with 106 CMR 362.400 through 362.410;
(c) institutionalized in a nonexempt facility, as defined in 106 CMR 361.240(B): Residents of Institutions;
(d) disqualified for any of the reasons listed in 106 CMR 367.800: Disqualification Penalties or for failing to comply with SNAP Work Program requirements at 106 CMR 362.320: SNAP Work Program; or
(e) disqualified for failure to provide or apply for an SSN, in accordance with 106 CMR 362.500: Social Security Numbers.
(D)Asset Standards. Households that are categorically eligible, as defined in 106 CMR 365.180(A), are not subject to asset eligibility limits.
(E)Deemed Eligibility Factors. The following eligibility factors shall be deemed without further verification based on the household's categorical eligibility status:
(1) assets (except for transferred assets for EAEDC recipients);
(2) gross and net income eligibility standards in 106 CMR 364.950: Maximum Gross Monthly Income Standards and 364.970: Maximum Allowable Monthly Net Income Standards (TAFDC, EAEDC and SSI only);
(3) Social Security number information (TAFDC, EAEDC and SSI only);
(4) residency (TAFDC, EAEDC and SSI only); and
(5) sponsored noncitizen information (TAFDC, EAEDC, SSI and TANF Services Family Households only).
(F)Verification Requirements.
(1) The Department shall verify the following factors for SSI:
(a) each member receives SSI benefits or is authorized to receive, as specified in 106 CMR 365.180(A)(1);
(b) the household includes no individuals who have been disqualified in accordance with 106 CMR 365.180(B)(2);
(c) the SNAP household includes all persons who purchase and prepare food together regardless of whether or not they are separate units for SSI; and
(d) the household composition meets the definition of a household, as specified in 106 CMR 361.200: Household Concept.
(2) The Department shall verify the following factors for EAEDC:
(a) each member receives EAEDC benefits;
(b) the household includes no individuals who have been disqualified for EAEDC, in accordance with 106 CMR 365.180(C)(2)(d) and (e); and
(c) the household composition meets the definition of a household, as specified in 106 CMR 361.200: Household Concept.
(3) The Department shall verify the following factors, for TANF Services Households:
(a) the household is eligible for the Commonwealth of Massachusetts' Help for Those in Need: A Resource Brochure; and
(b) the income of the household does not exceed the appropriate standards for the SNAP Only TANF Services Household as outlined at 106 CMR 365.180(A)(5).
(c) the household includes no individuals disqualified in accordance with 106 CMR 365.180(B)(2); and
(d) the household composition meets the definition of a household, in accordance with 106 CMR 361.200: Household Concept.
(G)Determination of Eligibility.
(1)Pending SSI or EAEDC Eligibility. To determine if a household will be eligible due to its status as an EAEDC or SSI household, the SNAP eligibility determination may be temporarily postponed, within the 30-day processing timeframe, if the household is not entitled to expedited service and appears to be categorically eligible. However, denial of a potentially categorically eligible household shall only be postponed until the 30th. Upon approval of the EAEDC or SSI application, the household is considered categorically eligible if it meets all the criteria in 106 CMR 365.180(A) through (F).
(2)Denials. For a household filing a joint application for SNAP and EAEDC benefits or a household with an EAEDC or SSI application pending that is originally denied SNAP benefits, but is later determined eligible to receive EAEDC or SSI benefits and otherwise categorically eligible, the original application and any other pertinent information occurring after that application shall be used to determine benefits. A second interview is not required. However, the Department shall use any available information to update the application and/or make mail or phone contact with the household or authorized representative to determine any changes in circumstances. Denied applications of a potentially categorically eligible household must be easily retrievable.

If a determination of eligibility for EAEDC or SSI benefits is postponed beyond 30 days, or an application for EAEDC or SSI benefits is denied, the SNAP application should be processed immediately as an NPA case. Any changes shall be initialed and the updated application signed by the authorized representative or authorized household member. The Department shall act on reevaluating the original household's EAEDC or SSI eligibility. When applicable, the household shall be advised on the notice of denial to inform the Department if any pending application for EAEDC or SSI benefits is subsequently approved.

(3)Providing Benefits. Any household determined to be categorically eligible within the 30-day SNAP processing timeframe shall be provided benefits back to the date of the SNAP application or, in the case of a joint application, back to the date of the EAEDC or SSI application. Benefits shall be prorated in accordance with 106 CMR 364.650: Prorating Initial Month's Benefits.

If a household whose determination of eligibility for EAEDC or SSI benefits has been postponed beyond 30 days and whose SNAP application has been processed as an NPA case subsequently gets approved for EAEDC or SSI benefits, the SNAP benefits must be recalculated based on the excess medical, uncapped shelter, and net income (elderly/disabled) provisions. Any SNAP benefits owed back to the date of the SNAP application or from the beginning date for which the EAEDC or SSI benefits are paid (whichever date is later) shall be issued.

Categorically eligible one-person and two-person households are entitled to a minimum of $16 per month except in the initial month. Categorically eligible households with three or more members who do not qualify for a benefit because their income exceeds the level at which benefits are issued cannot be denied. These households' benefits must be suspended.

106 CMR 365.180

Amended by Mass Register Issue 1330, eff. 1/13/2017.