Section 67.02 - Program EligibilityEmergency Assistance may be provided, in accordance with the timetable in 760 CMR 67.08, on behalf of a needy child younger than 21 years of age or a pregnant woman without any needy children and other members of the household provided the following criteria are met.
(1) The child: (a)1. Is living within the EA household. For the purposes of 760 CMR 67.00, the EA household consists of the needy child(ren), the parent(s), stepparent or caretaker relative(s) of the needy child, a legal guardian and the siblings (including half-siblings and step-siblings) of the needy child, who themselves are younger than 21 years of age.2. In extraordinary circumstances, the Department may include other relatives of the needy child in the EA household with the approval of the Associate Director or his or her designee.3. Verification of relationship to the needy child shall be in accordance with 106 CMR 703.310: TAFDC Relationship; or(b) in the case of a pregnant woman, is an unborn child. For the purposes of 760 CMR 67.00, the household consists of the pregnant woman and her spouse. The pregnancy must be verified in writing by a statement from a competent medical authority as defined in 106 CMR 701.600: Definition of Terms.(c) is a member of a household in which all members of the EA household shall be residents of the Commonwealth of Massachusetts and shall demonstrate residency as an element of basic verification of identity. A household must demonstrate qualification as an EA household pursuant to 760 CMR 67.02(1) by providing basic verification of identity and relationship before it can appear eligible for placement pursuant to 760 CMR 67.06(1)(c).(2) The child or pregnant woman's need has not occurred because the child or pregnant woman or a relative with whom the child or pregnant woman lives refused without good cause, as defined in 106 CMR 701.380: Good Cause Criteria, to accept employment or training for employment.(3) Emergency Assistance benefits for the household will be denied if the EA applicant or a member of the household reduced his or her earnings from employment or terminated his or her employment within 90 days prior to the month of application without good cause as defined in 106 CMR 701.380: Good Cause Criteria.(4) Emergency Assistance benefits for the household will be terminated if an EA household member reduces his or her earnings from employment or terminates his or her employment without good cause as defined in 106 CMR 701.380: Good Cause Criteria.(5)(a) At the time of the initial eligibility determination, the household must have gross monthly income equal to or less than 115% of the Federal Poverty Level adjusted for household size. These standards as adjusted annually based on changes in the Federal Poverty Level, are posted at www.mass.gov/dta and viewed by selecting the Program Eligibility Charts and Tables link under Key Resources. Paper copies are available upon request.(b) Gross income for an EA applicant shall be determined in accordance with 106 CMR 704.210 through 704.230; 704.240(A) and (B); 704.250(A)(2) through 704.250(QQ); and 704.290. Receipt of Lump Sum Income in accordance with 106 CMR 704.240 shall not activate either the requirements of 106 CMR 704.240(C) and (D) or the six-month period of continued shelter benefits as described in 760 CMR 67.02(5). After all applicable exclusions are made in accordance with 106 CMR 704.240(B), the remaining Lump Sum Income shall be treated as an asset in accordance with 760 CMR 67.02(6). TAFDC, EAEDC, and SSI are countable income.(c) EA benefits will be denied if the applicant household's monthly gross income exceeds 115% of the then-applicable Federal Poverty Level for a household of that size.(d) An EA household will be subject to termination of shelter benefits if the EA household's income exceeds 200% of the Federal Poverty Level, referred to below as the Continuing EA Eligibility Standard (excepting the receipt of Lump Sum Income as defined in 106 CMR 704.240: Lump Sum Income) for a continuous 90-day period. The termination will be effective six months after DHCD issuance of an over-income notice in accordance with 760 CMR 67.02. 1. Once DHCD becomes aware that the recipient EA household's gross monthly income exceeds the Continuing EA Eligibility Standard, DHCD will provide an over-income notice to the EA household. The over-income notice will specify the date on which the household's gross monthly income first exceeded the Continuing EA Eligibility Standard.2. Following issuance of the over-income notice, DHCD staff will review household income every 30 days until 90 days have passed from the date on which the household's gross monthly income first exceeded the Continuing EA Eligibility Standard.3. If, at any point during this income review period, the recipient EA household's gross monthly income falls below the Continuing EA Eligibility Standard, the household will be so informed and the household will no longer be subject to termination of shelter benefits based on its household income having exceeded the Continuing EA Eligibility Standard as of the date specified in the over-income notice. The EA household will remain subject to all applicable EA eligibility requirements, and may be subject to termination if the household becomes ineligible for continued EA shelter benefits during this period for another reason.4. If the recipient EA household's gross monthly income remains above the Continuing EA Eligibility Standard for a sustained and consecutive 90-day period from the date on which the household's gross monthly income first exceeded the Continuing EA Eligibility Standard as noted in the over-income notice, the EA household will receive a termination notice specifying that the EA household's shelter benefits will cease six months after the date of the over-income notice.(e) There shall be an expedited hearing and an expedited fair hearing decision for all appeals of temporary emergency shelter decisions including initial placement(s), findings of noncompliance, transfer(s) and termination(s). A decision may be implemented by the Department three working days after the decision is mailed to the household. An applicant or recipient may not have the hearing postponed, continued, or rescheduled without good cause as specified in 106 CMR 343.320(D): Good Cause. The verification of good cause for failure to appear for a hearing must be provided by the recipient within five working days of the scheduled hearing.(f) Temporary emergency shelter benefits continued pending an appeal decision shall be in a shelter designated by the Department. The EA household may remain in the temporary emergency shelter placement location occupied on the date of the appeal pending the fair hearing decision with the approval of the shelter provider.(g) When the subject of the appeal is an extension of shelter benefits beyond the six-month period under 760 CMR 67.02, the hearing officer shall not substitute his or her judgment for that of the Associate Director or his or her designee. Such actions may only be overturned by a hearing officer if it is found that the Associate Director or his or her designee have abused his or her discretion when making the determination on the extension request.(6)(a) The household's total countable assets do not exceed $5000. Assets of both TAFDC and non-TAFDC recipients are determined in accordance with 106 CMR 704.120 through 704.140. EA households composed solely of TAFDC recipients are automatically asset-eligible.(b) The asset limit shall not apply to the household that is participating in the Department's Local Housing Authority Placement Program, or to a household with savings as specified in its rehousing plan.(c) The portion of the household's gross income that is escrowed during the six-month period as described in 760 CMR 67.02(5) is a non-countable asset.(7) EA may be provided to or on behalf of an EA household member who is a citizen in accordance with 106 CMR 703.670: Citizens, an American Indian in accordance with 106 CMR 703.685: American Indian Born in Canada, a noncitizen in accordance with 106 CMR 703.675: Noncitizens, or a noncitizen lawfully admitted for permanent residence or otherwise permanently residing under color of law in the U.S. A household consisting only of noncitizens neither described in 106 CMR 203.675: Noncitizens, nor admitted for permanent residence, nor residing under color of law in the U.S. is ineligible for Emergency Assistance benefits.
(8) No member of the EA household has within one year immediately prior to the filing of an application for Emergency Assistance made an assignment or transfer of real or personal property for the purpose of becoming eligible for Emergency Assistance.(9) An EA household is required to report to the Department within ten calendar days any change in circumstances as specified in 106 CMR 701.420: Responsibility for Notification of Changes that may affect its continued EA eligibility. Continued eligibility for EA must be reviewed any time that the Department obtains information indicating a change in the EA household's circumstances and needs more information to determine the exact effect of the change(s) on its continued EA eligibility. The eligibility review shall include a review of all financial and nonfinancial aspects of the EA household's eligibility. The EA household must provide the applicable verifications specified by the Department for continued eligibility.(10) If an applicant EA household either fails to appear at the designated placement without good cause as defined in 106 CMR 701.380: Good Cause Criteria or 760 CMR 67.03(4) or refuses a placement offered by the Department, the household will be ineligible for EA for the 12 months following the refusal or failure to appear.(11) An individual is not eligible for Emergency Assistance benefits if the EA individual has an outstanding default or arrest warrant issued against him or her by any court of the Commonwealth, and the warrant has not been resolved within 30 days of the individual being notified of the warrant by the Department. Evidence of the outstanding default or arrest warrant appearing in the Massachusetts Warrant Management System, or any successor system, shall be sufficient grounds for such action by the Department.Amended by Mass Register Issue 1461, eff. 1/21/2022.Amended by Mass Register Issue 1509, eff. 10/31/2023 (EMERGENCY).Amended by Mass Register Issue 1513, eff. 10/31/2023 (COMPLIANCE).