Department Responsibility to Take Timely Action

The Department shall not impose any reporting requirements on households except as provided in 106 CMR 366. The Department shall act promptly on any reported change to determine if it affects the household's eligibility or monthly allotment. Also, during the certification period, the Department shall not act on changes in the medical expenses of households eligible for the medical expense deduction that it learns of from a source other than the household and that to take action on would require the Department to contact the household for verification. The Department shall act only on those changes in medical expenses reported by the household or that it learns about from a source other than the household if those changes are verified upon receipt and do not necessitate contact with the household. Also, the worker must document the reported change in the case record listing the date the Change Report Form, if applicable, or other notification was received, provide the household another Change Report Form, and notify the household of the effect of the change, if any, on its benefits. 366.120: continued (A) Increases in Benefit Level Requiring Expedited Action. For certain reported changes, the worker must follow expedited issuance procedures to reflect the change in the household's monthly allotment. (1) When a household reports a change in gross income or allowable deductions which reduces the household's net SNAP income to zero, the worker shall authorize a supplementary SNAP benefits for the month in which the change is reported. (2) When a household reports the addition of a new household member who is not a certified member of another household, or reports a change in gross monthly income of $50 or more, the worker must make the change effective in the first allotment issued ten days after the date the change was reported. In no event shall the change take effect any later than the month following the month of the reported change. If the change is reported after the 20th of the month and it is too late to adjust the next month's allotment, the worker must authorize a supplementary SNAP benefits to ensure that the household receives the increase in benefits by the tenth day of the following month, or the household's normal issuance date, whichever is later. (B) All Other Increases in Benefit Level. For all other increases in a household's benefit level, the change shall be effective no later than the first allotment issued ten days after the date the change was reported to the Department. (C) Decreases in Benefit Level. If a household's benefit level decreases or the household becomes ineligible as a result of a change, the Department shall issue a Notice of Adverse Action within ten days of the date the change was reported, unless one of the exemptions listed in 106 CMR 366.210 and 366.215 applies. When a Notice of Adverse Action is used, the decrease in benefits shall be made effective no later than the next allotment following the month in which the advance notice period expires, provided a fair hearing and continuation of benefits have not been requested by the household. When a Notice of Adverse Action is not used due to one of the exemptions, the decrease shall be made effective no later than the month following the change. (D) Verification of Reported Changes. Changes in income reported during a certification period must be verified in accordance with the household's reporting requirements. All other changes reported during a certification period are subject to the same verification requirements and procedures that apply at initial certification. Required verification must be obtained within certain time frames depending on whether the change results in an increase or decrease of the household's benefit level. (1) Increase in Benefit Levels. When the reported change results in a higher monthly allotment, required verification must be obtained prior to the issuance of the increased allotment. The Department will allow the household at least ten days to provide verification(s) after the change is reported. If the household does not provide the verification, the household's SNAP benefit amount will remain unchanged or SNAP benefits will be terminated with adequate notice. (2) Decrease in Benefit Level. When the reported change results in a lower monthly allotment, required verification must be obtained before a household's next recertification of eligibility. (E) Failure to Act on Reported Changes. If the worker does not take timely action on a reported change that would result in an increase in benefit level, lost benefits shall be restored to the household by a forward adjustment. If the worker does not take timely action on a reported change that would result in a decrease in benefit level, a claim determination must be established against the household to recover the overpayment.