TAFDC Exemptions from Time-limited Benefits

(A) Requirements. (1) An assistance unit is exempt from the TAFDC time-limited benefits restrictions found at 106 CMR 703.120, if the grantee: (a) is disabled as defined in 106 CMR 703.190. A client who requests an exemption under this clause shall, as a condition of continued eligibility, apply for Social Security Disability benefits (RSDI/SSI) and, if requested by the Department, appeal a denial of Social Security Disability benefits at the Social Security Administration as specified in 106 CMR 703.190. Clients who do not comply with the Department’s request to apply for Social Security Disability benefits or appeal a decision shall not be granted a work exemption under this clause; (b) is essential to the care of one of the following disabled persons living in the home: 1. a child; 2. the grantee's spouse; or 3. the child's other parent. A client who requests this exemption shall either apply for Social Security Disability benefits on behalf of the disabled child or spouse or the disabled spouse or child’s other parent must apply for benefits on his or her own behalf. Verification of such required Social Security Disability benefits applications must be provided. (c) is in their 33 week or later of pregnancy or in their third trimester of pregnancy who rd have submitted documentation signed by a primary care provider or an obstetrician, gynecologist, nurse-midwife or family practitioner that the client has a pregnancy-related medical condition that prevents the client from working; (d) has a child living in the home younger than two years of age and in the assistance unit or is not in the assistance unit in accordance with 106 CMR 704.305(A)(5)(a), (b), and (c) because the child: 1. receives SSI; 2. receives state and/or federal foster care maintenance payments; or 3. receives state and/or federal adoption assistance; A grantee may not claim this exemption for a teen parent's dependent child if that child's parent is living in the home. (e) has a child living in the home under the age of three months and not included in the assistance unit; (f) is a teen parent younger than 20 years old who is meeting the living arrangement requirements found at 106 CMR 703.180 and attending school, not beyond high school, full time; or a combination of a full-time HiSET program and participation in an approved training or employment-related activity for a total of 20 hours per week; or if living in a teen structured living program, meeting the requirements found at 106 CMR 703.183; (g) is an ineligible grantee, except that an ineligible grantee who has a legal obligation to support his or her dependent children in the assistance unit shall not be exempt unless he or she meets one of the exemptions specified in 106 CMR 703.100(A)(1)(a) through (f) or (h); or he or she cannot work for pay due to his or her alien status; or (h) is 66 years of age or older or a grantee between 60 and 66 years of age, who is the primary caregiver for the child and retired prior to applying for TAFDC benefits [Note: 106 CMR 703.100(A)(1)(h) was formerly found at 106 CMR 203.100(A)(1)(h)]. (2) In a two-parent household, both grantees must meet one of the exemptions found at 106 CMR 703.100(A)(1)(a) through (f) or (h) for the assistance unit to be exempt from specified in 106 CMR 704.415: TAFDC Table of Need Standards - Nonexempt Assistance Units; (3) In a two-parent family, only one parent may claim an exemption at 106 CMR 703.100(A)(1)(b), (d), or (e). In addition, in a two-parent family, if one parent claims the exemption at: (a) 106 CMR 703.100(A)(1)(a) as a disabled grantee, the other parent may not claim an exemption at 106 CMR 703.100(A)(1)(b), (d), or (e) unless there is medical documentation that the disabled grantee is unable to provide care for the person listed in 106 CMR 703.100(A)(1)(b), (d), or (e); and/or (b) 106 CMR 703.100(A)(1)(c) as a pregnant woman, the other parent may not claim an exemption at 106 CMR 703.100(A)(1)(b), (d), or (e) unless there is medical documentation that the pregnant woman is unable to provide care for the person listed in 106 CMR 703.100(A)(1)(b), (d), or (e). (4) An exempt grantee remains exempt until the grantee no longer meets the criteria for an exemption. A grantee must inform the Department as soon as his or her circumstances change in a way that may affect his or her exemption status. (5) A nonexempt grantee may appeal a nonexempt status determination. However, if the grantee’s nonexempt status is upheld at the fair hearing, the period during which the appeal decision was reached is included in the calculation of the 24-month maximum period of eligibility specified in 106 CMR 703.120. (6) In the event that a grantee claims an exemption but is determined to be nonexempt as a result of the verification process, the period during which the verification process was being completed shall be included in the calculation of the 24-month maximum period of eligibility as specified in 106 CMR 703.200. (7) If a grantee claims an exemption but is determined to be nonexempt as a result of the verification process, the period during which the verification process was being completed is included in the calculation of the 24-month maximum period of eligibility specified in 106 CMR 703.120. (B) Verifications. A grantee who claims an exemption under 106 CMR 703.100(A)(1) must provide the appropriate verification. (1) A disabled grantee must provide verifications specified in 106 CMR 703.190 for the TAFDC Disability Exemption Process. (2) A grantee who claims an exemption under 106 CMR 703.100(A)(1)(b)1. must show that he or she cannot look for, obtain or keep full-time employment because the child’s disabilities make the grantee essential to the care of the child. The following verifications must be provided to the Department: (a) verification that the disabled child receives Supplemental Security Income (SSI); or written verification of the disability from the disabled child’s competent medical authority as defined in 106 CMR 701.600: Definition of Terms. This verification must be on a form prescribed by the Department; (b) On the form referrenced in 106 CMR 703.100(B)(2)(a), a statement specifying the severity of the child’s disability and the extent of the care the disabled child requires; and (c) If the child attends school full time, or is otherwise out of the home, documentation that the child has disability-related needs during the day and/or night, which require care that prevents the grantee from looking for, obtaining or keeping full-time employment. Documentation may be provided on the form referenced in 106 CMR 703.100(B)(2)(a), or by a statement from the grantee, that is supported by another document or third party source. (3) A grantee who claims to be essential to the care of one of the persons listed in 106 CMR 703.100(A)(1)(b) must provide: (a) verification that the disabled person: 1. receives SSI for disability, or Social Security for disability; 2. receives TAFDC and meets the requirements for the Disability Exemption Process as specified in 106 CMR 703.190; or 3. if not receiving TAFDC, has written verification of the disability on a form prescribed by the Department completed by a competent medical authority as defined in 106 CMR 701.600: Definition of Terms; and (b) written documentation on a form prescribed by the Department completed by a competent medical authority as defined in 106 CMR 701.600: Definition of Terms that specifies the severity of the disability, the reason the grantee is essential to the care of the disabled person, and that the grantee cannot be employed because he or she must be in the home to care for the disabled person. (4) A teen parent younger that 20 years of age who is claiming an exemption must provide verification that he or she meets the requirements of 106 CMR 703.180. (5) An ineligible grantee who has a legal obligation to support his or her dependent children in the assistance unit must provide either the applicable verifications specified in 106 CMR 703.100(B)(1) through (4) or the verification specified in 106 CMR 703.430, if unable to work for pay due to noncitizen status. (6) Verification of pregnancy shall be in accordance with 106 CMR 703.210. (7) Verification that a grantee is 66 years of age or older or between 60 and 66 years of age shall be in accordance with 106 CMR 703.220(B).