106 CMR 704.310
Composition of the EAEDC Assistance Unit and Filing Unit
(A) Composition of the EAEDC Assistance Unit.
(1) When an application is made by an elderly person, the assistance unit shall include the
elderly person;
(2) When an application is made by a disabled person, the assistance unit shall include the
disabled person;
(3) When an application is made by a person participating in MRC, the assistance unit shall
include the person participating in MRC;
(4) When an application is made by a person caring for a disabled person, the assistance
unit shall include the person caring for the disabled person;
When an application is made by a caretaker for dependent children, the following
persons must be included in the assistance unit unless one or more of these persons meets
one of the exceptions provided in 106 CMR 703.700(C):
(a) the dependent child as defined in 106 CMR 701.600: Definition of Terms; and
(b) the siblings and half-siblings of the dependent child.
704.305 : continued
(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)(l);
(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)(l); 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 Leamfare requirements as
provided in 106 CMR 703 .170: TAFDC Learn fare;
(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
704.3 10: Composition of the EAEDC Assistance Unit and Filing Unit
(A) Composition of the EAEDC Assistance Unit.
(1) When an application is made by an elderly person, the assistance unit shall include the
elderly person;
(2) When an application is made by a disabled person, the assistance unit shall include the
disabled person;
(3) When an application is made by a person participating in MRC, the assistance unit shall
include the person participating in MRC;
(4) When an application is made by a person caring for a disabled person, the assistance
unit shall include the person caring for the disabled person;
When an application is made by a caretaker for dependent children, the following
persons must be included in the assistance unit unless one or more of these persons meets
one of the exceptions provided in 106 CMR 703.700(C):
(a) the dependent child as defined in 106 CMR 701 .600: Definition of Terms; and
(b) the siblings and half-siblings of the dependent child.
The caretaker may include or exclude himself or herself only from the assistance
unit, but the caretaker may not be an assistance unit of one when the dependent children
and the siblings and half-siblings in the home are foster children.
(B) Composition of the Filing Unit. The following persons must be included in the filing unit
and their income must be used to determine the assistance unit's eligibility and the amount of the
grant:
(1) persons in the assistance unit as defined in 106 CMR 704.310(A);
(2) the spouse living in the home of a person in the assistance unit who is applying for or
receiving EAEDC as provided in 106 CMR 703.191: EAEDC Disability Process,
703.600: EAEDC Elderly - 65 Years of Age or Older, 703.610: EAEDC Participant in a
Massachusetts Rehabilitation Commission Program, 703.620: EAEDC Caring for the
Disabled; and
(3) the disabled person who is being cared for as provided by 106 CMR 703.620: EAEDC
Caretaker Family. The income of this person must be used to determine eligibility of the
person providing the care in accordance with 106 CMR 704.340.