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. 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 SSL However, if the only dependent child is receiving SSI, the parent or other relative as provided in 106 CMR 703 .3 10: 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 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