Section 702.710 - Supplemental Security Income and State Supplement Program (SSI/SSP) Benefits(A) Individuals who are eligible for SSI/SSP and TAFDC benefits may elect to receive either SSI/SSP or TAFDC but may not receive both. The worker must advise such individuals of their option to apply for either program. In determining how much of a TAFDC grant is countable as income to a TAFDC client who is applying for SSI, the following rules, in accordance with 106 CMR 702.710(A)(1) through (3), apply:
(1) If no income is being deducted from the TAFDC grant, the countable income to the client is the incremental standard of payment. See106 CMR 704.420: TAFDC Table of Payment Standards - Exempt Assistance Units.(2) If income is being deducted from the TAFDC grant, and some or all of that income is the personal income of the client, the countable income to the client is the incremental need standard less the applicant's personal income. See106 CMR 704.410: TAFDC Table of Need Standards - Exempt Assistance Units.(3) If income is being deducted from the TAFDC grant, and none of that income is the personal income of the client, the countable income to the client is the TAFDC grant divided by the number of people in the assistance unit.(B) An EAEDC applicant or client who appears to meet the age or disability standards for Social Security Disability benefits (RSDI/SSI) set forth in 20 CFR Part 416, Subpart I, must apply for and cooperate in the Social Security application process as a condition of receipt of cash benefits. A person appears to meet the Social Security Disability (RSDI/SSI) standards for disability if he or she is unable to or has a reduced capacity to work because of a physical or mental impairment that has lasted or is expected to last one year or more. A person who is determined to be eligible for SSI or SSP, including the person subject to recoupment as specified in 106 CMR 703.191(A), is ineligible for EAEDC. The application must be completed within the EAEDC application or eligibility review time standards. An applicant or client who must apply for Social Security Disability (RSDI/SSI) as a condition of EAEDC eligibility must complete a form prescribed by the Department that authorizes reimbursement to the Department of EAEDC assistance received pending SSI approval. The form authorizes:
(1) the Social Security Administration (SSA) to send the client's retroactive check to the Department;(2) the Department to deduct from that check the amount of EAEDC paid during the period covered by the SSI grant, and return the balance, if any, to the client. The Department's right to reimbursement for EAEDC benefits paid pending approval of a client's SSI benefits is not affected by a subsequent award of retroactive Social Security benefits, including, but not limited to, Social Security Disability Insurance (SSDI) benefits. Verification of a Social Security Disability (RSDI/SSI) application must be provided by the applicant or client or by computer match with SSA in accordance with 106 CMR 702.320. When a cash applicant or client who is required to apply for the benefits fails to apply for and cooperate in the SSA application process or appeal a denial, if requested by the Department, he or she is ineligible for cash benefits and his or her assistance shall be denied or terminated.
Amended by Mass Register Issue 1310, eff. 4/8/2016.Amended by Mass Register Issue 1360, eff. 3/9/2018.Amended by Mass Register Issue 1384, eff. 11/13/2018.