106 CMR 704.305 - Composition of the TAFDC Assistance Unit and Filing Unit
(A)
Composition of the Assistance
Unit.
(1) Whenever a TAFDC
application is made for a dependent child, the following persons must be
included in the assistance unit:
(a) the
dependent child as defined in
106 CMR
701.600: Definition of
Terms;
(b) the parent of
the dependent child living in the same household as the dependent child;
and
(c) all siblings of the
dependent child who are related by blood or adoption and living in the same
household as the dependent child and who are themselves dependent children.
Stepbrothers and stepsisters are not required to be in the assistance
unit.
(2) Whenever an
application is made for a dependent child by a grantee who is not the parent,
except for the dependent child as described in 106 CMR 704.305(A)(3), this
child must be included in the same assistance unit unless to do so would cause
the child to become homeless or to endure undue hardship. In this instance the
Department may waive 106 CMR 704.305(A)(2).
(3) Whenever an application is made for a
dependent child living in the same household as his or her teen parent younger
than 18 years old and the parents of the teen parent, the assistance unit must
be composed in accordance with
106
CMR 704.320(B).
See
106
CMR 704.236 for determining the financial
eligibility of teen parents younger than 18 years old.
(4) Whenever an application is made for a
pregnant woman, as defined in
106 CMR
703.210: TAFDC Dependent Child:
Pregnancy, the assistance unit must include the pregnant woman only.
See
106
CMR 704.235(C) for
determining the financial eligibility of pregnant women.
(5) Certain persons are not included in the
assistance unit because they are ineligible for TAFDC. Ineligible persons
include, but are not limited to, the following:
(a) any person receiving SSI. However, if the
only dependent child is receiving SSI, the parent or other relative as provided
in
106 CMR
703.310: TAFDC Relationship
may constitute an assistance unit;
(b) a child getting state and/or federal
foster-care maintenance payments, including the child of the foster child when
the foster-care maintenance payment includes the child. However, if the only
dependent child is getting foster-care maintenance payments, the foster parent,
may constitute an assistance unit.
(c) a child getting state and/or federal
adoption assistance. However, if the only dependent child is receiving adoption
assistance, the adoptive parents may constitute an assistance unit;
(d) an assistance unit made ineligible as a
result of the lump sum income provision;
(e) an applicant categorically ineligible due
to his or her noncitizen status. However, income from an individual who has a
legal obligation to support and who lives in the same household as the
dependent child shall be deemed to the assistance unit in accordance with
106
CMR 704.330(B)(1);
(f) a noncitizen who is ineligible because
the noncitizen indicated an inability or unwillingness to provide information
about, or acceptable verification of, an eligible noncitizen status or to
provide, or apply for, a Social Security Number due to immigration status in
accordance with
106 CMR
703.400: Citizens, Noncitizen, and
Canadian-born Indians. However, income from an individual who has a
legal obligation to support and lives in the same household as the dependent
child shall be deemed to the assistance unit in accordance with
106
CMR 704.330(B)(1); and
These persons listed in 106 CMR 704.305(A)(5)(a) through (g) are also excluded from the filing unit.
(B)
Composition of the Filing
Unit. The following individuals must be included in the filing
unit, (their income must be included in determining the assistance unit's
eligibility and the grant amount):
(1) All
individuals in the assistance unit as defined in 106 CMR 704.305(A);
and
(2) Individuals required to be
in the assistance unit, but who have failed to fulfill an eligibility
requirement, been sanctioned, or have failed to cooperate. This includes, but
is not limited to, the following:
(a) an
individual sanctioned for failure to comply with child support requirements as
provided in
106 CMR
703.500: TAFDC Cooperation with Child
Support Requirements;
(b)
an individual sanctioned for failure to comply with the Department's employment
and training program requirements as provided in
106 CMR 707.000:
ESP Overview Participation Requirements;
(c) an individual sanctioned for failure to
comply with the Work Program as provided in
106 CMR
703.150: TAFDC Work
Program;
(d) an individual
sanctioned for failure to comply with the immunization requirements as provided
in
106 CMR
703.160: TAFDC
Immunizations;
(e) an
individual sanctioned for failure to comply with the Learnfare requirements as
provided in
106 CMR 703.170:
TAFDC Learnfare;
(f) an individual who fails to meet the
requirement to provide a social security number;
(g) an individual sanctioned for failure to
cooperate in identifying and providing information that would help the
Department pursue any third-party liability for medical services, as provided
in
106
CMR 703.540: TAFDC Cooperation in
Obtaining Third-party Liability Coverage for Medical
Services;
(h) a teen
parent sanctioned for the first instance of noncompliance with the school
attendance requirements as provided in
106 CMR
703.181: TAFDC Teen Parent
Eligibility; and
(i) an
individual sanctioned for a court conviction for fraud as provided in
106
CMR 706.305: Intentional Program
Violations (IPV) Disqualification
Penalties
Notes
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