Section 365.520 - Disqualified Nonhousehold Members(A) Nonhousehold members disqualified for any reason in 106 CMR 367.800: failing to comply with the SNAP Work Program; failing to comply with the requirement to provide and verify a Social Security number at 106 CMR 362.500: Social Security Numbers; or disqualified due to an undetermined noncitizen status, nonimmigrant noncitizen status or Not Legally Residing noncitizen status shall be treated as follows: (1)Assets. For noncategorical households, the countable assets of a disqualified nonhousehold member shall continue to count in their entirety for the remaining household members.(2)Income. The countable income of a disqualified nonhousehold member shall continue to count in its entirety for the remaining household members.(3)Deductible Expenses. A disqualified nonhousehold member's expenses, as listed in 106 CMR 364.400: Determining Deductions, shall continue to be deductible from the income of the remaining household members.(4)Eligibility and Benefit Levels. A disqualified nonhousehold member shall not be included in determining the household's size except when calculating the household's entitlement. In no instance shall this disqualification result in an increased SNAP benefit for the remaining household members.(5)Action Required. When a household's benefits are reduced or terminated because one of its members has been disqualified for any of the reasons described in 106 CMR 367.800: Disqualification Penalties; failing to comply with the SNAP Work Program; failing to comply with the requirement to provide and verify a social security number at 106 CMR 362.500: Social Security Numbers; or due to an undetermined noncitizen status, nonimmigrant noncitizen status, or not legally residing noncitizen status, the Department shall notify the remaining members of their eligibility and benefit level at the same time the nonhousehold member being disqualified is notified of the disqualification. The household is not entitled to a Notice of Adverse Action, but may request a fair hearing to contest the reduction or the termination of benefits, unless the household has already had a fair hearing consolidated with an ADH regarding the amount of the claim, or the household has filed a signed waiver in accordance with 106 CMR 367.660: Waiver of an ADH.(B)Nonhousehold Members Disqualified from Federal Snap Benefits Due to Ineligible Legal Noncitizen Status Shall Be Treated as Follows: (1)Assets. For noncategorical households, the countable assets of a nonhousehold member who is a legal noncitizen ineligible for SNAP benefits shall continue to count in their entirety for the household.(2)Income. (a) For purposes of calculating the maximum SNAP benefit amount the household would be entitled to if all members were SNAP-eligible, the countable income, including a common assistance grant, of a nonhousehold member who is a legal noncitizen ineligible for SNAP benefits shall be counted for the remaining household members, as specified in 106 CMR 364.600(C)(1): Step One.(b) For purposes of calculating the SNAP benefits of the SNAP-eligible members, the countable income, including a common assistance grant, of a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall not be counted for the remaining household members, as specified in 106 CMR 364.600(C)(2): Step Two.(3)Deductible Expenses. (a) For purposes of calculating the maximum SNAP benefit the household would be entitled to if all members were SNAP-eligible, all deductions shall be applied to the household in accordance with 106 CMR 364.600(C)(1): Step One.(b) For purposes of calculating the SNAP benefits of the SNAP-eligible household members: 1. The standard deduction shall be applied to the SNAP-eligible household;2. The homeless deduction shall be applied to the SNAP-eligible household if the SNAP-eligible household meets the requirements at 106 CMR 364.400(F): Homeless Shelter/Utility Deduction;3. The shelter expense deduction shall be applied to the SNAP-eligible household if the SNAP-eligible household has income;4. The earned income deduction shall be applied as follows: a. The earned income deduction of a SNAP-eligible member with earnings shall be applied to the SNAP-eligible household; andb. The earned income deduction of a nonhousehold member with earnings who is a legal noncitizen ineligible for federal SNAP benefits shall not be applied to the SNAP-eligible household;5. A deduction for child support paid shall be applied as follows: a. A deduction for child support paid by an SNAP-eligible member shall be applied to the SNAP-eligible household.; andb. A deduction for child support paid by a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall not be applied to the SNAP-eligible household;6. A deduction for dependent care costs paid shall be applied as follows: a. A deduction for dependent care costs paid by an SNAP-eligible member shall be applied to the SNAP-eligible household; andb. A deduction for dependent care paid by a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall not be applied to the SNAP-eligible household; and7. A deduction for medical expenses: a. A deduction for medical expenses of a SNAP-eligible member shall be applied to the SNAP-eligible household; andb. A deduction for medical expenses of a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall not be applied to the SNAP-eligible household, in accordance with 106 CMR 364.600(C)(2): Step Two.(4)Eligibility and Benefit Levels. (a) For purposes of calculating the maximum SNAP benefit the household would be entitled to if all members were SNAP-eligible, a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall be included in determining the household's size. See106 CMR 364.600(C)(2): Step Two.(b) For purposes of calculating the SNAP benefits of the SNAP-eligible members, a nonhousehold member who is a legal noncitizen ineligible for federal SNAP benefits shall not be included in determining the household size.(5)Action Required. When a household's benefits are reduced or terminated due to the presence of a legal noncitizen ineligible for federal SNAP benefits, the case manager shall issue a Notice of Adverse Action informing the household that the individual is no longer eligible for SNAP benefits, the eligibility and benefit level of the remaining members, and the actions the household must take to end the disqualification, if applicable.Amended by Mass Register Issue 1330, eff. 1/13/2017.