106 CMR, § 703.151 - TAFDC Ineligibility of Strikers

Strikers are not eligible for TAFDC. Assistance which was paid for any month (or portion of a month) during which an individual was on strike must be considered an overpayment for the month. See 106 CMR 706.200: Overpayments and Underpayments, for treatment of overpayments. The amount of the overpayment is determined in accordance with 106 CMR 703.151(C).

(A) Definition. A strike is any concerted work stoppage, slowdown or interruption by employees, including a stoppage because of the expiration of a collective bargaining agreement.

(B) Participation in a Strike. An individual is participating in a strike if he or she is actively engaged in a concerted work stoppage, slow down or interruption, or if he or she is honoring the strike by willful absence from his or her position or refusal to perform the duties of his or her employment.

(C) Sanctions. If the striker is a parent, or is the only child in the assistance unit, the entire assistance unit is ineligible. In all other instances, only the individual participating in the strike is ineligible.

(D) Restoration of TAFDC Benefits. At the end of a strike, an otherwise eligible individual may ask for a reinstatement of TAFDC or apply for TAFDC. The individual must verify that the strike has ended. Verification shall be a written statement from either the collective bargaining representative or the employer.

Notes

106 CMR, § 703.151

Adopted by Mass Register Issue 1360, eff. 3/9/2018. Amended by Mass Register Issue 1396, eff. 5/15/2019.