Section 366.210 - Changes Not Requiring Advance NoticeIn the circumstances described 106 CMR 366.210(A) through (L), SNAP benefits may be terminated or decreased without providing the household advance notice of adverse action or the right to a pretermination or a prereduction hearing:
(A) The Department initiates a mass change as described in 106 CMR 366.130;(B) The Department determines, on reliable information, that all members of the household have died;(C) The household has been receiving an increased monthly allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the increased allotment would terminate;(D) The household's allotment varies from month to month within the certification period to take into account changes anticipated at the time of certification and the household was so notified at the time of certification;(E) The household files a joint application for cash assistance and SNAP benefits, receives SNAP benefits pending the approval of the cash assistance grant and is notified at the time of certification that SNAP benefits will be reduced upon approval of the cash assistance grant;(F) A household member is disqualified due to an Intentional Program Violation, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member. (The notice requirements for individuals or households affected by IPV disqualifications are explained at 106 CMR 367.825: Results of an ADH-notification);(G) The household's SNAP benefits are terminated or reduced as a result of the recertification process;(H) The household's benefits are increased as the result of a reported change and the household fails to provide verification of the reported change prior to the second monthly allotment after the change was reported;(I) The Department is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement because the facility has lost its state agency certification or has had its status as an authorized representative suspended due to disqualification by the United States Department of Agriculture;(J) The Department is reducing benefits to collect an Intentional Program Violation or an Unintentional Program Violation Claim for Inadvertent Household Error (in accordance with 106 CMR 367.490: Claim Determinations), and the reason is that the household has not made an agreed upon repayment;(K) The household voluntarily requests, in writing or in the presence of the worker, that its participation be terminated. If the household does not provide a written request, the Department shall send the household a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of adverse action, except that the household may request a fair hearing; and(L) The Department determines, based on reliable information, that the household will not be residing in the area and, therefore, will be unable to obtain its next allotment. The Department shall inform the household of its termination no later than its next scheduled issuance date. While the Department may inform the household before its next issuance date, the Department shall not delay terminating the household's participation in order to provide advance notice.Amended by Mass Register Issue 1330, eff. 1/13/2017.Amended by Mass Register Issue 1480, eff. 10/14/2022.