Section 366.320 - Household Responsibilities(A)Filing a Timely Application. Households that are issued a Notice of Expiration at the time of certification have 15 days from the date the notice is received to submit a timely application. The Department shall use the postmark on the notice, plus two days for mailing time, as an aid in determining if households were allowed adequate time. In cases of a dispute, households may demonstrate that the notice was not, in fact, received in a timely manner. Households sent a separate notice during their certification period shall be considered to have timely reapplied if they file a new application by the 15th day of the last month of their certification period.
Households consisting solely of SSI applicants or recipients (pure SSI households) may make a timely application for recertification at a Social Security Administration (SSA) office. An application shall be considered filed for normal processing purposes when the signed application is received by the SSA. SSA will forward the completed application and all available verification to the Department.
(B)Being Interviewed. The Department may schedule an interview prior to the date the application is timely filed, but cannot deny the household for failure to appear for that interview. The interview shall be scheduled on or after the date the application was timely filed, if the interview has not been previously scheduled, or if the household failed to appear for an interview scheduled prior to filing a timely application and has requested another interview. If the household does not appear for an interview scheduled in accordance with 106 CMR 366.320(B), the Department must notify the household that it missed the interview appointment and that the household is responsible for rescheduling the missed interview. Pure SSI households that have completed the application for recertification at the SSA office shall not be required to complete a second interview.
(C)Providing Verification. The following verification requirements shall be met at recertification. (See106 CMR 365.180: Categorically Eligible Assistance Units for verification factors that are deemed for categorically eligible households.) Additional verification is not required unless the information provided is questionable. Time frames (at least ten calendar days from the date of the Department's initial request) may be established within which the household must submit any required verification requested to ensure its rights to uninterrupted benefits.
(1)Gross Countable Income. The amount of the household's gross countable monthly income, as defined in 106 CMR 363.200: Income, shall be verified prior to recertification. If all attempts to verify the gross countable income are unsuccessful because a third-party has failed to cooperate, the Department shall determine the household's gross countable monthly income based on the best available information. Noncountable income shall be verified only if the information provided by the household is questionable.
(2)Noncitizen Status. Noncitizen status shall be verified prior to recertification only when the household reports a change in the noncitizen status of a household member.(3)Medical Expenses. The amount of allowable medical expenses, including the amount of reimbursement (e.g., by a third-party insurer), shall be verified prior to recertification if their use would result in a larger deduction. Other factors related to the medical expenses, such as the type of service provided or the eligibility of the person incurring the cost, shall be verified only if the information provided by the household is questionable.(4)Liquid Assets. The current value of the household's countable liquid assets, as defined in 106 CMR 363.100: Assets, shall be verified in accordance with 106 CMR 363.130: Countable Assets prior to recertification.(5)Social Security Numbers. The Social Security number (SSN) of each household member shall be verified in accordance with 106 CMR 362.500: Social Security Numbers.(6)Disability. The disability of a household member, as it pertains to household composition, shall be verified prior to recertification in accordance with 106 CMR 361.210: Elderly or Disabled Individuals.(7)Legally Obligated Child Support Payments. The household shall be required to verify the amount of legally obligated child support a household member pays to a non-household member prior to recertification.(8)Additional Verification Requirements. (a) All other eligibility factors, financial or nonfinancial, shall be verified prior to recertification when the information provided by the applicant is questionable and affects the household's eligibility or benefit level. Other eligibility factors include loans, residency, household composition, citizenship, student eligibility, circumstances related to work registration, and certain deductible expenses.(b) These factors shall be verified prior to recertification when the Department decides to require verification of additional information. Such verifications must be required statewide and shall not be imposed on a case-by-case basis on particular households.Amended by Mass Register Issue 1330, eff. 1/13/2017.Amended by Mass Register Issue 1480, eff. 10/14/2022.