(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.
See
106
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.
See
106
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.
Notes
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.
