An Advocate's Guide to the Food Stamp/ Supplemental Nutrition Assistance Program in Massachusetts
By Patricia Baker and Victoria Negus, February 2016 Edition
An indispensable handbook for all who need to know about the Food Stamp/SNAP program in Massachusetts. The 2016 Food Stamp/SNAP Advocacy Guide provides practical information about how and where to apply, who is eligible, and how to appeal a denial or termination.
This 2016 Food Stamp/SNAP Guide has been updated to reflect significant changes in SNAP policy since January 2014. Organized for quick reference, the Guide takes advocates step-by-step through the financial eligibility rules, household composition rules, immigrant eligibility, and more. It also provides legal and technical information about the program, including detailed references to DTA state regulations and DTA procedural materials (Field Ops Memos, Hotline Q&As, DTA's new Online Guide, and federal USDA guidance). Guide includes a SNAP calculation worksheet and sample advocacy forms.
About Massachusetts Law Reform Institute
The Massachusetts Law Reform Institute (MLRI) is a statewide nonprofit poverty law and policy center. Our mission is to advance economic, racial, and social justice through legal action, policy advocacy, coalition building, and public information and to promote policies that meet the fundamental needs of traditionally underserved, low-income populations. We defend against policies and actions that harm and marginalize people living in poverty and advocate for systemic reforms that achieve social and economic justice. Our activities include advice, litigation, policy analysis, research, technical assistance and public information.
MLRI dedicates this Guide to anti-hunger advocates throughout Massachusetts who work tirelessly to help low-income households obtain the nutrition benefits to which they are entitled and who work to preserve and protect basic benefits for families in poverty.
MLRI wishes to acknowledge the support from Massachusetts Continuing Legal Education, Inc. for supporting MLRI’s trainings and publications. MLRI also wishes to acknowledge the foundations that have supported our anti-hunger work including: MAZON – A Jewish Response to Hunger, Eos Foundation, Wal-Mart Foundation, Tufts Health Plan Foundation. We also deeply appreciate the support and technical assistance from our national anti-hunger colleagues the Food Research Action Center (FRAC) and the Center on Budget and Policy Priorities (CBPP).
This 2016 edition of the SNAP Advocacy Guide was written and edited by Patricia Baker and Victoria Negus. Contributions to earlier editions from Deborah Harris, Laura Gallant, Rochelle Hahn as well as many of MLRI’s AmeriCorps volunteers and Emerson Congressional Hunger Fellows.
© 2016 by Massachusetts Law Reform Institute
and Massachusetts Continuing Legal Education, Inc.
All rights reserved.
Permission to reprint must be obtained from both the Massachusetts Law Reform Institute and Massachusetts Continuing Legal Education, Inc.
SNAP benefits are federal assistance to families to help them buy food. In October of 2008, Congress changed the federal name from “Food Stamps” to “Supplemental Nutrition Assistance Program” or SNAP. States were given the choice to call the name SNAP or use another name. Massachusetts uses the name SNAP.
Most grocery stores, supermarkets and co-ops in Massachusetts /SNAP accept electronic benefit transfer (EBT) cards. In Massachusetts, there is no asset test for most SNAP applicants. Most people who meet the federal income limits can get SNAP benefits. Unlike some other federal programs, you do not have to have children or be disabled to get benefits. You can also qualify for food stamps/SNAP even if your cash welfare ended because of a time limit, your income exceeds the cash benefit level, or for other reasons. SNAP is a critical program in difficult economic times. All low-income individuals and families should be encouraged to apply.
Congress first created the Food Stamp Program in 1964 to reduce hunger by increasing the food-buying power of low-income households. In 2008, Congress renamed the program to Supplemental Nutrition Assistance Program or SNAP.
SNAP benefits are widely considered the first line of defense against hunger. The federal government pays 100 percent of the cost of SNAP benefits and reimburses states roughly half of the administrative costs (DTA workers, computers, training, office costs). Massachusetts now brings home over $1.2 billion annually in 100% federal funded nutrition assistance to needy households in the Commonwealth. Nonetheless, based on of the state’s aggregate data of very low income MassHealth (Medicaid) recipients compared with the current individual SNAP recipients, Massachusetts still has a “SNAP gap” of roughly 500K to 700K MassHealth recipients likely eligible for SNAP.
Further, for every $1 in SNAP benefits, economists estimate that it triggers a $1.72 economic stimulus to the local economy. At the same time, it is widely acknowledged that SNAP benefits are too low to cover all of a household’s food needs. The benefit is based on an archaic “Thrifty Food Plan” concept that does not reflect the actual cost of today’s food prices, and presumes that a part of a household’s monthly income is available to buy a portion of the food, even when that is not true for families in the Northeast and other areas with high shelter costs. Advocates should screen for applicable household income deductions to maximize the amount of SNAP benefits.
Overview of key SNAP policies at the federal level:
In 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (Public Law 104-193) included provisions restricting eligibility in many federal programs including Food Stamps. PRWORA brought the elimination of most safety net benefits for many legally present immigrants. From 1997 to August of 2002, Massachusetts provided state-funded food stamps to needy legal immigrants ineligible under federal restrictions. These state benefits expired in August 2002, leaving many immigrants without nutrition benefits.
The federal Farm Bill of 2002 (Public Law 107-171) restored some of the cuts in the program including SNAP benefits for some of the legal immigrants cut in 1996 – notably legal immigrants with severe disabilities, legal immigrant children and legal immigrants who have had status five years or more. The 2008 Federal Farm Bill (Public Law 110-246) made additional improvements to the program which included indexing (linking) the standard income deduction to inflation, uncapping the child care deduction and treating tax deferred retirement and educational savings accounts as non-countable income (as well as changing the name from “Food Stamps” to SNAP).
The 2009 American Recovery and Reconciliation Act (Public Law 111-5) provided a 13.6% increase in monthly SNAP benefits and suspended the work requirements for childless individuals due to the recession. Some of the 2009 SNAP increase expired in November of 2013. The ARRA roll back led to a 5.6% decrease in the maximum benefit allotment, which led to across the board cuts in SNAP.
The 2014 Farm Bill (Public Law 113-79) reauthorized the SNAP program but also made changes to certain state options, including requiring states to offer a higher fuel assistance benefit in order to qualify SNAP households for the “Heat and Eat” shelter cost option.
For a concise description of the legislative history of the Food Stamp program and start of the EBT system, go to: http://www.fns.usda.gov/snap/short-history-snap
Overview of SNAP in Massachusetts:
The Department of Transitional Assistance (DTA) has long administered the SNAP program for the Commonwealth of Massachusetts. Over the years, DTA has elected a number of federal options and federal waivers to increase SNAP participation, decrease administrative burdens and allow households to claim more income deductions to boost the SNAP benefits. Some of these options – such as “categorical eligibility,” the standard medical expense deduction, “Heat and Eat” and Bay State CAP – are described in more detail in this Guide.
Between 2000 and 2004, Massachusetts had one of the worst food stamp participation rates (of eligible households) in the entire United States. Based on SNAP participation data calculated annually by Mathematica Policy Institute, Massachusetts was 51st in participation (including the District of Columbia). Over the next decade, the state’s SNAP participation rate substantially improved where MA ranked 10th in participation by 2010. The number of individual recipients increased from roughly 500,000 persons to almost 900,000 in 2012 at the height of the Great Recession. (The SNAP participation rate compares the number of SNAP participants to the number of low income households otherwise eligible for SNAP based on U.S. Census data.)
During 2013, the Massachusetts Legislature made changes to the state’s EBT policies affecting both cash assistance and SNAP, including a law requiring DTA to place the photo of the head of household on the front of the EBT card. Advocates succeeded in getting language in the final law that exempts over two-thirds of SNAP and cash recipients from this requirement. Further, federal SNAP law prohibits grocers and retailers from discriminating against SNAP recipients by selectively inspecting SNAP EBT cards or prohibiting SNAP recipients from using self-check out lines like other customers. Federal SNAP law also requires states to ensure that all members of a SNAP household can use the EBT card to access benefits, whether or not their name or photo is on the card.
In 2014, DTA also implemented a number of “program integrity” policy changes affecting SNAP and cash assistance, including increased use of error-prone data matching and monitoring of EBT cash and SNAP purchases. DTA also implemented a “business process redesign” or modernization by moving from a “case-based” system where SNAP recipients were assigned individual workers to a “task-based” system where a “first available worker” is supposed to deal with the case. DTA jammed through modernization that triggered significant problems in 2014 and early 2015, including long wait times and disconnected calls on the centralized DTA Assistance Line, phone, chronic failure of DTA workers to find and act on documents sent to the Document Management Center, and widespread frustration for many low income clients. Detailed information on these policy changes is included in sections of this Guide.
As a result of these hastily implemented changes, thousands of SNAP households were erroneously denied or terminated from benefits. Between April 2014 and April 2015, the SNAP caseload in MA decreased by 10.3% or 50,513 households. This compares with a national caseload decline of 0.8% during the same time period. In April of 2015, the new Administration suspended a number of the harmful practices that triggered the rapid caseload decline, and thankfully has focused on improving the many problems with the data matching and newly modernized system. As of May of 2015, the MA SNAP caseload started to increase slowly confirmed by USDA monthly SNAP state participation reports.
Anti-hunger advocates are urged to closely monitor DTA’s new case handling as a result of the “modernized” system for handling SNAP cases, as well as monitor the state’s policies around photo EBT, data matching and other “program integrity” policies. The goal is to ensure that eligible low income households are not discouraged from applying or deterred from accessing their SNAP benefits.
This Guide will help you understand who is eligible, how the application process works and what to do if benefits are erroneously denied or terminated.
DTA must administer the program in accordance with the federal regulations issued by USDA and any waivers or demonstration projects approved by USDA.
DTA issues its own SNAP regulations. The DTA SNAP regulations are printed in Chapter 106 of the Code of Massachusetts Regulations (C.M.R.).
DTA policy guidance:
DTA issues a wide range of policy guidance that instruct DTA staff on how the SNAP and cash eligibility rules work, what to input into the computer system, when to send notices, and how to calculate benefits.
With the exception of the DTA Online Guide posted on DTA’s website, MLRI has posted all of DTA’s past Operations Memos, all current Online Transmittals and all current and past Hotline Q&As and Transitions Magazine newsletters here: http://www.masslegalservices.org/library/directory/benefits/dta-policies-materials
In most sections of this SNAP Advocacy Guide we included references to relevant DTA policy. For the DTA Online Guide, you will find the current path to the Online Guide because DTA has not created separate webpages or a numbering system for each section. It is possible DTA’s Online Guide format will change in the future. There is also a “search” function on the Online Guide you can use to find topics.
The Massachusetts Law Reform Institute coordinates the Food SNAP Coalition. This is a coalition of anti-hunger agencies, health care and homelessness providers, faith-based organizations, community action programs, and legal services advocates as well as DTA state agency and USDA Regional representatives. Formed in 2000, the Coalition meets regularly to discuss and strategize over state and federal SNAP, child nutrition and other anti-hunger policies that affect Massachusetts households. Coalition members advocate on behalf of low-income households to improve eligibility rules, remove barriers to access, and increase benefit amounts.
If you would like to receive email updates on SNAP and child nutrition program policy changes, announcements of Coalition meetings or trainings, as well as state and national legislative action alerts, contact:
To get legal advice and representation on your individual case, contact your local Legal Services office by going to: www.masslegalservices.org/findlegalaid.
The following national and state organizations and USDA provide a wealth of important information on the SNAP program history, policy and statistical data, as well as other nutrition programs. Many also provide email alerts and policy updates to community partners.
Food Research Action Center: www.frac.org
Center for Budget and Policy Priorities: www.cbpp.org
Feeding America: www.feedingamerica.org
Project Bread’s On-line resource: http://www.gettingsnap.org/
USDA Food and Nutrition Service SNAP web page: http://http://www.fns.usda.gov/snap/
You have many options to apply for SNAP. You can:
You have the right to apply for benefits – whether or not a DTA thinks you are in fact eligible. This is a fundamental right. 106 C.M.R. §§ 361.050-361.130. DTA still needs to determine if you are eligible, but no one should discourage you from filing a SNAP application.
To find the address of the DTA office near you or to get a paper application sent to you, call the DTA Assistance Line: 1-877-382-2363
You can also find the local DTA office address or print out a SNAP paper application through DTA’s SNAP web page: http://www.mass.gov/eohhs/gov/departments/dta/food-assistance.html.
NO wrong door!
You can apply in person or hand-deliver a signed application to any local DTA office, no matter where you live. Each DTA office must accept your SNAP application. 106 C.M.R. § 361.130. The DTA office should accept any forms or documents you drop off, review them for urgency and then ship them to the DTA Document Processing Center. See Question 14.
Cash assistance applications
Your application for TAFDC (Transitional Aid to Families with Dependent Children) or EAEDC cash assistance (Emergency Assistance for Elderly, Disabled and Children) is also an automatic application for SNAP benefits. 106 C.M.R. §§ 361.160. You do not have to file a separate SNAP application or have a separate interview, even if you are found ineligible for cash assistance. 106 C.M.R. § 365.120(A)(1), (A)(2).
You have the right to file your application the same day you contact DTA. 106 C.M.R. § 361.130. If you go in person, the local office must give you an application or “Request for Assistance” form you can sign and submit the same day. 106 C.M.R. § 361.140.
If you are approved for SNAP within 30 days of your application, you will get benefits back to the date DTA first received the signed application. 106 C.M.R. § 361.080. You can submit an incomplete application to DTA as long as it has your name, address, signature and date. You can give the rest of the information later. 106 C.M.R. §§ 361.100, 361.130. If you get your proofs in after Day 30, see Question 18.
DTA Online Guide: SNAP > Application Processing >
YES! You can apply for your own SNAP benefits on-line through the Virtual Gateway at www.mass.gov/vg/selfservice or by following the SNAP application steps on DTA’s webpage http://www.mass.gov/eohhs/gov/departments/dta/food-assistance.html. The online or “web application” is also in Spanish and Portuguese.
Filling out and signing a web application
A web application is an electronic application for SNAP. You can apply from your home, library or wherever you have access to a computer. However, it is very difficult to file a SNAP application through Virtual Gateway with a smart phone because it is not “mobile friendly.”
Your electronic signature is your agreement that the information you provide to DTA is truthful and accurate, you will report changes when required, and you understand your rights and responsibilities to follow the rules. During the phone interview, a SNAP worker should go over these rights and responsibilities. See Question 9.
Since the web application does not have a field that asks for the amount of your shelter or child care costs, we recommend you mail or fax DTA a hand-written statement (signed and dated) telling DTA much you pay in shelter and child care costs. See Question 74 and Question 72.
DTA Online Guide: SNAP > Application Processing > Web Application >
Signing a SNAP application is only the first step!
You still need an interview with a DTA worker and send in proofs. It can take about 2 business days for your application to get into DTA’s BEACON computer system. After you apply, you should hear from DTA by phone or letter about an interview (see Question 9) and proofs you need to send (See Question 11)
To get a phone interview, be sure to list a phone number on the SNAP application where DTA can reach you or reach a member of your family. Don’t list a number that only takes voice messages or if your cell phone has run out of minutes. If DTA cannot reach you, they should send you a letter with a date and time for a phone interview. If you miss the DTA call or you need help sooner, call the DTA Assistance Line at 1-877-382-2363.
If your identity is verified, DTA should send you a plastic EBT card and PIN in the U.S. mail. These will be mailed to you in separate envelopes, and can take between 5-10 days to arrive in the mail. Your EBT card will not have any benefits on it until DTA approves your SNAP case. See Question 80 on how to access your EBT benefits.
DTA Online Guide: SNAP > Application Processing > SNAP Application Processing > Issuing An EBT Card
If you are applying for or receiving regular Social Security benefits, federal and state SNAP law requires SSA offices to offer a SNAP application form to Social Security (RSDI) recipients. 7 U.S.C. § 2020(J). DTA has a short SNAP application form that SSA offices should give to SSI and RSDI clients. 106 C.M.R.§ 361.190.
If you are applying for or receiving Supplemental Security Income (SSI) benefits, federal and state SNAP law requires SSA to take your SNAP application and send it to the local SNAP state agency (e.g. DTA). SSA is supposed to do this for single SSI clients or where everyone in the household receives or is applying for SSI. 7 U.S.C. § 2020(I)(1). See also 106 C.M.R.§§ 361.190, 366.920. This can be a regular SNAP application or through the Bay State CAP program. See Question 5.
Massachusetts has a special SNAP program where many SSI applicants and recipients can apply for SNAP through their Social Security office. This is called “Bay State CAP.” CAP stands for the “Combined Application Project” to allow SSI applicants or recipients to apply for SNAP at the same time or a “combined” application. 106 C.M.R. §366.910
If you meet the criteria for Bay State CAP, you do not file an application with DTA, have an interview nor give DTA any proof. DTA uses the information SSA has gathered to establish your benefits and send you an EBT card. You report changes directly to SSA (for example if you move or you start to work). SSA will automatically tell DTA about the changes. Under Bay State CAP, your benefits are certified/approved for 36 months.
To qualify for Bay State CAP, you must meet the criteria below:
When you contact SSA, the SSA Claims Representative is supposed to ask you the following questions:
106 C.M.R. §366.910 (B)(3)-(5). SSA will electronically send your eligibility information through the State Data Exchange (SDX) to DTA. When it is time to recertify for Bay State CAP (after 36 months of SNAP) DTA will send you a simple Bay State CAP recertification form to fill out and send back.
DTA Online Guide: SNAP > Bay State CAP Policy and Procedures
SSA Policy Guidance on SNAP Applications: The Social Security Administration provides detailed instructions to SSA Claims Representatives on their obligation to offer to take SNAP applications for SSI recipients including MA Bay State CAP protocol. SSI Policy Operations Manual, SI BOS01801.302; accessed December 2015: https://secure.ssa.gov/poms.nsf/lnx/0501801302BOS
YES! Whenever you apply or recertify for SNAP or cash assistance, the DTA worker is required to tell you how you can register to vote and assist you with voter registration. 106 C.M.R. § 360.950. DTA is mandated by federal law to ask all SNAP and cash assistance household members who are over age 17 and U.S. citizens if they wish to register to vote for any federal elections. 42 U.S. Code § 1973gg–5
If you apply in person, you can get a Voter Registration Form at the local DTA office. DTA must accept and send the completed form to your city or town election office. If you apply for SNAP online or you mail in a paper application – and you check off that you wish to register to vote – DTA should mail back a voter registration form for you to sign
Voter registration is optional. DTA will not deny or close your SNAP case if you choose not to complete a voter registration form.
DTA must mail any voter registration forms they receive to local city or town election officials within 5 days after they are received. You can also register to vote online if you have a current MA state ID or driver license, or get a form mailed to you from the Secretary of State. To find that information, go to the Massachusetts Secretary of State’s Register to Vote web site: http://www.sec.state.ma.us/ele/eleifv/howreg.htm
DTA Online Guide: Cross Programs > Voter Registration > Overview and Administrative Responsibilities > Voter Registration Overview
Yes! You can always ask a family member, friend, or social services agency to help you fill out an application. They can also accompany you to DTA or participate in a phone interview with you - with your permission.
You should sign the SNAP application and participate in the interview – unless you designate someone as your “authorized representative.” This is important because you are legally responsible for all the information on the application. You could end up with an overpayment, or worse, if the helping friend or agency gets it wrong.
Choosing an “authorized representative”
An Authorized Representative is someone you choose to act on your behalf and manage your SNAP benefits, a concept very similar to a “representative payee” for SSI or Social Security benefits. But the Authorized Representative does not need to have legal guardianship or any court appointment.
You can choose a family member, friend or other third party to become the authorized representative. You can ask this person to:
You will need to sign a DTA form, Request to Choose Someone to Be My Authorized Representative. See Appendix C for a copy of this form.
You can decide what role this person should have. Be sure to choose someone you trust. If this person gives DTA wrong income or other eligibility information and you get too many benefits, you might have to pay back what you were overpaid. 106 C.M.R. §§ 361.300, 361.310.
Keeping access to your EBT card
You do not lose access to your EBT card if you choose an authorized representative. DTA can issue two EBT cards—one for you and one for your authorized representative. 106 C.M.R. §§ 361.300-361.370. Authorized representatives are not required to have a photo EBT card. See Question 29.
Giving someone permission to talk with DTA
Family members, friends, social services agencies often help people fill out SNAP applications, fax proofs to DTA or call DTA to get a SNAP case opened. This is not the same as appointing an “authorized representative” who signs your application instead of you, gets DTA notices and/or gets a second EBT card to help you food shop.
If you want to give permission to a social service agency, family member or trusted friend to contact DTA to find out what’s going on with your SNAP case, you should sign a written consent to release information to the agency or third party. Appendix C has a sample Client Consent Allowing DTA to Release Information to a Helping Agency, or you can send a handwritten note (signed and dated) with the same information.
Group home residents
If you live in a group home for persons with disabilities, you may be eligible for SNAP benefits as a one person household even though you live with others. 106 C.M.R. § 361.240(B).
Many group homes are also Authorized Representatives where the group home manager files a SNAP application for each residents and/or the group home receives the EBT card. Other group homes let the residents apply but have point of sale (POS) devices – similar to grocery stores – to swipe the EBT card of each resident monthly.
Under SNAP rules, you cannot be forced to designate the group home your authorized representative to apply for you or forced to turn over your EBT card – unless the group home makes an individualized determination that you cannot manage your benefits due to your disabilities. 106 C.M.R. 365.620(A). See Question 37 for eligibility in group homes and your rights under SNAP.
Residents of other substance abuse programs
If you are a resident of a licensed alcohol or drug treatment program, the SNAP rules say that the treatment program must be your authorized representative. 106 C.M.R. § 365.610. Even if you apply for SNAP, the rules say the recipient must transfer their EBT benefits to the treatment program for food purchases while you are staying there. The program should not keep your SNAP benefits, however, after you are discharged.
If you live in a “sober house” or other roomer/board situation which is not licensed by the Department of Public Health, the sober house should not take your EBT card unless you voluntarily appoint them as your authorized representative.
Residents of teen living programs
If you are living in a teen parent program, the program is given the authority to decide if it will be the authorized representative and receive the SNAP benefits, or if it will allow you to apply for and spend the benefits yourself. 106 C.M.R. § 365.620(B).
DTA Online Guide: Group Homes: SNAP > Expenses and Deductions > Household Expenses > Group Homes > Group Homes and TAFDC > Program Nonfinancial Requirements > Teen Parents > Teen Parenting Program
DTA is required to interview all applicants for SNAP benefits, 106 C.M.R. § 361.500, except for SSI Bay State CAP households. The SNAP interview is usually conducted by phone.
Scheduling the interview
A DTA worker should try to call you within two (2) business days of when DTA received your SNAP application to screen you for emergency benefits and schedule an interview. See Question 20. If you miss a phone call and want to get in touch with a worker at DTA for an interview, call the DTA Assistance Line at 1-877-382-2363.
If DTA has not reached you within 2 days, DTA should send a written notice with a date and time when a DTA worker will call. This scheduled interview should take place within seven (7) days of your application so that DTA can screen you for expedited (emergency) benefits.
Can I be scheduled for an in-office interview?
If you do not have a phone, DTA will schedule an in-person interview at the local office. But you can always call the DTA Assistance Line any time and ask for the interview, using the phone of a helping agency or friend.
You will need to go to the DTA office for an in-person interview if you are applying for TAFDC or EAEDC cash assistance benefits, unless you request and qualify for an accommodation (see Question 24). If you are disabled and need a home visit, DTA also has the authority to make an accommodation to send someone to your home. See Question 23.
If you are scheduled for an in-office interview solely because DTA says you need a photo EBT card, that is incorrect. See Question 29.
If you do have an interview in a local DTA, the DTA worker must conduct the interview in a private setting and not in the waiting room where others can hear you. Your personal information must be kept private and not shared unless you give written permission. 106 C.M.R. §§ 361.550, 360.300.
What happens during the interview?
The role of the DTA worker during the interview is to:
What happens after the interview?
You should receive a DTA letter with a Verification Checklist if there are proofs DTA needs. See Question 7. If no proofs are missing, DTA should quickly approve your case if you are eligible.
DTA Online Guide Sections: General Application Interview: SNAP > Application Processing > SNAP Application Processing > The Application Interview, and Business Process (BP) > Procedures (BP) > Processing Procedures >, and > Application Processing > SNAP Application Processing > Expedited Benefits
If you miss a scheduled interview, DTA is required to send you a written notice called a “Notice of Missed Interview” (DTA may call it a “NOMI”). The DTA notice must say that you have the right to another interview. 106 C.M.R. §§ 361.500, 361.540.
You do not need to a show good cause for missing the interview. Simply call 1-877-382-2363 and follow the prompts for an interview.
If you do not have an interview within 30 days of when you applied, your SNAP application will be denied. 106 C.M.R. § 361.700(B)(1). You still have the right to reapply for benefits. The denied application will not be held against you, but the start date of your benefits will be the date you reapply.
DTA Online Guide: SNAP > Application Processing > SNAP Application Processing > The Application Interview, and Business Process (BP) > Procedures (BP) > Processing Procedures > Completing Scheduled SNAP Telephone Appointments
When you sign a SNAP application, you are agreeing that everything stated on the application and other information you provide is “true under the pains and penalties of perjury.”
The SNAP rules also require that you provide proof of certain mandatory eligibility factors, including:
During the interview, the DTA worker should verbally tell you what proofs are required and ask if you need help getting them. 106 C.M.R.§§ 361.550. DTA should them send you a verification checklist (often called “VC-1”) and give you at least 10 days from the date the verifications checklist was sent for you to get the mandatory proofs back to them.
DTA must give you a full 30 days from the day you applied before they send a denial notice for missing proofs or failure to have an interview. If you had an interview but some mandatory proofs are still missing by day 30, DTA will send you a pending denial notice. 106 C.M.R. § 361.930. See Question 18 if your proofs get in late.
DTA cannot limit proofs to any single document. Any document that proves an eligibility factor should be accepted. 106 C.M.R. §§ 361.640(A), 361.650.
Range of proofs you can provide
The following are examples of mandatory proofs depending on what DTA needs:
■ Identity of the head of household: Documents with your name on it such as wage stubs, a state ID or driver’s license, school records, a health care card. You are not limited to a birth certificate or photo ID.
Only the head of household must verify identity and DTA can verify everyone else through a data check with SSA using the name, date of birth and SSN of each member. 106 C.M.R. § 361.610(G).
■ Massachusetts’ residence: Documents with both your name and current address such as a wage stub, utility bill, bank statement, MA state ID or driver’s license with current address; or your lease, rent receipt or other document that shows where you live. 106 C.M.R.§ 361.610(H). DTA cannot require a landlord statement if you have other proof of residence. DTA should also be able to confirm your residence through the Registry of Motor Vehicles if you have a MA state ID or driver’s license with your current address.
If you just came to the area, you are homeless or you are a migrant worker, you do not need to verify residence. 106 C.M.R. § 362.120. If you moved after you applied or approved for SNAP, see Question 13.
■ Current earnings: This can be copies of your wage stubs (usually the last four weeks, unless you just started working) or a statement from your employer about your earnings. 106 C.M.R. §§ 361.610(A), 363.210(G)(1). If your employer uses “The Work Number” (aka Equifax) for employee information, DTA can also get your current earnings from that source. You should not have to also give them wage stubs.
■ Last day of work: If you left a job in the last 60 days before your SNAP application, DTA may ask for proof showing your last day of work and the reason you left. DTA may ask for proof if they decide the information you gave on your application or during the interview is considered questionable. See 106 C.M.R. § 362.340 (F).
You should not be asked for proof if the last date you worked was more than 60 days before your application, or if you meet an exemption from the job registration rule. See Questions 52.
■ Unearned income: If you receive SSI or Social Security (sometimes called RSDI), DTA can confirm this directly through the Social Security Administration (SSA). If you receive Unemployment Insurance, DTA should verify this directly with the Division of Unemployment Assistance (DUA). You should not be asked for a letter from SSA about your SSI, RSDI or from DUA about your Unemployment.
If you have other unearned income such as a pension, DTA may ask you for a statement on your retirement or disability pension, or proof of alimony or child support paid directly to you. 106 C.M.R. § 363.210(G)(2). If you have trouble getting that information, ask DTA to help you.
■ Self-employment: DTA needs copies of any tax returns or business records that show the profit earned on self-employment and your business expenses. 106 C.M.R. § 365.940. If you have not filed tax returns, other documents that reasonably prove your income should be accepted.
■ Lack of income: Your self-declaration on the SNAP application that you have no income should be accepted. 106 C.M.R. 363.210 (A). If DTA has a good reason to believe you may be hiding income, they can ask you for additional information to understand how you are managing. 106 C.M.R. 363.210(E)
Situations where DTA may suspect unreported income include if the shelter costs you claim are much higher than your income and you give no explanation how you are managing. However, if you owe back rent, are borrowing money from family or friends or running up a credit card, that information should be adequate without further proofs.
■ Disability: You only need to prove disability if you are under age 60 and your disability will help you claim higher shelter costs or medical expenses. You need to show DTA you receive a disability-based benefit if you do not get SSI or EAEDC. See Question 35.
■ Assets: Very few SNAP households are subject to the asset test. If you need to, DTA will ask for proof of money in the bank, stocks and bonds, real estate, etc. 106 C.M.R. § 361.610(E). See Question 58.
Information you can self-declare:
The SNAP rules allow you to declare certain information, unless DTA determines the information is questionable. You can self-declare:
You can declare the information above on the SNAP application or any signed and dated communication from the head of household, including information you write on your SNAP application, recertification form, an interim report or any separate statement you sign and date.
DTA Online Guide: SNAP > SNAP Verifications > SNAP Verifications Overview and The Verifications Checklist and Business Process (BP) > Procedures (BP) > Front Office Procedures > Determining Document Urgency
DTA needs certain information about your expenses to calculate the amount of your benefits. Some of this information can be self-declare and other information needs proofs. These are considered optional verifications. If you do not provide information or required proofs for the expenses, DTA cannot deny your benefits – but the SNAP amount will be calculated without these deductions. 106 C.M.R. § 364.450(B).
■ Shelter costs – can be self-declared. You do not need to verify shelter costs. Be sure to write down the amount of your shelter costs on the paper SNAP application or a separate piece of paper you signed and dated. 106 C.M.R. §§ 361.610(K). A sample declaration form is in Appendix C.
If your shelter costs appear questionable, DTA may ask for a rent receipt, canceled check, money order, copy of a lease, proof of home ownership or statement from your landlord or tenant you share expenses with. See Question 74 on how DTA calculates shelter costs. If you have rental income from your property, see Question 65.
■ Child care or adult dependent care costs – can be self-declared. You do not need to verify child care costs, Be sure to tell DTA what you pay on the SNAP application or on a separate piece of paper. A sample declaration form is in Appendix C.
Dependent care includes what you pay for day care, after-school programs, summer programs as well as transportation to and from the child care location. You can also claim the costs of care needed for an elderly or disabled household member. 106 C.M.R. § 361.610 (K). See Question 72 for more about dependent care costs.
If your dependent care costs appear questionable, DTA may ask for proof such as a statement from your caregiver, canceled checks or other documents showing what you pay.
■ Medical expenses – proofs required. If you are disabled or elderly (age 60 or older), you can claim unreimbursed medical expenses. 106 C.M.R. § 361.610(D). See Question 70 for a detailed list of medical expenses and acceptable proofs, and Appendix C for a MLRI flier and sample screening forms.
■ Child support paid to children outside the household – proofs required. You will need to show two things: proof that you have a legal obligation to pay support, and the amount that you pay. 106 C.M.R. §§ 361.610(J), 364.400(E). See Question 71.
DTA Online Guide: SNAP > Expenses and Deductions > Introduction > Expenses/Deductions Introduction
It’s important to keep DTA informed of any address changes so you don’t miss important notices. And if your rent goes up, you may get more SNAP.
You can report an address change to DTA by:
Depending on your case and your reporting requirements, when you report a change of address DTA may send you a letter asking for verification of the address and if anything else changed in your household. If your SNAP case is on Interim or Simplified Reporting, see Question 89. You should not be told that you have to verify your new address or verify any other changes.
Federal SNAP regulations require households to “reside” in a state but do not require households have an “address” in a state. 7 CFR §273.2(f). The SNAP regulations suggest a physical address must be provided where possible, 106 CMR §362.110, and only require verification of residency. 106 C.M.R. §362.120. If you are still a MA resident and you tell DTA about a new MA address, you should not have to reprove your residency.
If your rent increases when you move it is worth telling DTA because your SNAP may go up. Also, if other things change in your household (who you live with, what income there is, etc) you may have to tell DTA. Again, it depends on your case and your reporting requirements. See Question 89.
DTA’s returned mail policy
On most DTA mail, DTA instructs the U.S. Post Office not to forward mail to the recipient’s new address. This means DTA letters may get returned back to DTA with your new address or “undeliverable.” If DTA has your new or “forwarding” address, they will send you another letter asking for proof of your new address. If they don’t hear back, DTA may take steps to close your SNAP case if they do not know where you are living.
Sometimes recipients get notices they have moved, when actually the US Post office made a mistake and the individual has not moved. And sometimes DTA makes mistakes if you told them you have moved, but they failed to update your address in their computer system. If your SNAP is delayed or stopped because DTA says they do not know where they are living and they want verification of your address, contact an advocate.
Returned mail and simplified reporting cases
If you are approved for “simplified” or interim reporting, DTA should not close your case if they get returned mail midway through your reporting period. You are required to report and verify address changes at your next interim report or recertification.
Important: If you do move and you do not tell DTA know your new address, you risk not receiving the required Recertification or Interim Reporting Forms. See Question 89 for more information about interim or “simplified” reporting.
DTA Online Guide: Cross Programs > Request for Assistance (RFA) > Address (RFA)
DTA now has one document processing unit known as the Electronic Document Management Center or EDMC. All documents sent to DTA are scanned electronically and uploaded into your DTA case at the EDMC. DTA clerical workers identify the documents and link them to your case file. This new process eliminates all paper files. Note, the EDMC does not make decisions about your eligibility.
You can send your documents to DTA three ways:
Department of Transitional Assistance
P.O. Box 4406, Taunton, MA 02780-0420
For the address of a local DTA office, call the DTA Assistance Line or go to: http://webapps.ehs.state.ma.us/DTAOffices/default.aspx
DTA Online Guide: Business Process (BP) > Procedures (BP) > Front Office Procedures > Preparing Documents for Transport to the EDMC and > Processing Procedures > Linking Scanned Documents to Verification
Additional Guidance: Multiple Operations Memos describing roll out of Electronic Document Management in 2013/14 including: Ops Memos 2014-03, 2014- 26, 2014-22 and 2013-61. Note that DTA’s procedures for receiving, indexing and processing client documents have changed over time.
In October of 2014, DTA changed from a case system to a task-based system for all SNAP cases. All SNAP applications, interviews and case processing is done by random “first available workers” or FAWs. Most cash (TAFDC and EAEDC) cases still have assigned workers.
DTA now has one central phone number called the DTA Assistance Line:
This DTA Assistance Line gives you two options:
DTA’s Interactive Voice Response (IVR):
When you call the DTA Assistance Line, you will first get a recording with menu options. This is called an Interactive Voice Response or “IVR” automated phone system. Currently, the IVR can only be used to get and give specific information if you know the SSN and year of birth of the head of household.
You can use the IVR to report two changes to DTA: a change of address or a new phone number. DTA is planning to increase reporting options soon.
You can also use the IVR to get information on:
Reaching a live DTA worker:
The DTA Assistance Line is staffed with DTA case managers from 8:15 AM to 4:45 PM on regular business days. Follow prompts to:
If you have to wait on hold to speak to a live DTA worker:
Depending on the time of day you call, you may have to wait a while to talk with a DTA worker. We recommend you call from a landline, a social services agency or a cell phone that does not use up limited minutes.
If the DTA call volume is high, you may also be given the option to request a “courtesy call back” from a DTA worker. DTA says it provides this call back option at certain times of day depending on volume. If you choose to get a courtesy call back, leave a voice message with your full name, SSN or Agency ID and a phone number they can reach you at within the next 24-48 hours. This is your choice to request a call back.
When you reach a live DTA worker:
The DTA worker should first ask your name, your Agency ID (if you know it) or your SSN. That will help the worker find your SNAP application or case record. The worker should immediately look up your case and then respond to the reason you are calling. If you are calling because you need an interview for your SNAP application or recertification, the worker should conduct an interview and not tell you to call back later.
Example: Juan applied for SNAP on June 1. He was scheduled for an interview on June 8, but the scheduled interview conflicted with his work hours. Juan calls the DTA Assistance Line on June 5. The “first available worker” he reaches should do the interview and not tell Juan to wait until June 8. If Juan also sent in proofs with SNAP application, the DTA worker should review the documents and process his case, or tell him what is missing and send him a Verification Checklist (VC-1).
If you do not get the help you need, you have the option to speak with a supervisor or the office manager or call the DTA Ombuds Office. See Question 26.
If you are a helping agency or advocate calling on behalf of a client, first let the DTA worker know that you faxed or mailed a signed client consent authorizing you to speak with DTA was faxed or mailed to DTA. The workers should not refuse to look up that information in the BEACON Scanned Document History. See Appendix C for sample consent form.
DTA Online Guide: Business Process (BP) > BP - Overview > Statewide Assistance Line and SNAP First Available Worker Model
Yes! DTA workers are required to help you get proofs if you tell DTA you are having difficulty, 106 C.M.R. § 361.650. This can include making a “collateral contact” to a third party. 106 C.M.R. § 361.640(B) . Examples of DTA worker assistance include:
Collateral contact is when DTA contacts a third party for information, as long as you have given written DTA permission to do so. 106 C.M.R. § 361.640(B). It is up to you to give DTA the names of people to contact and written permission to contact. But DTA cannot require you to agree to a third party contact if you can verify the information in a different way. Your privacy is important and must be respected. 106 C.M.R. § 360.400.
You cannot be denied SNAP just because you are having trouble getting proofs. But you can be denied if you refuse to cooperate with getting the proofs, refuse to be interviewed, or if you do not meet the other eligibility rules. 106 C.M.R. §§ 361.400 and 361.650.
DTA Online Guide: SNAP > SNAP Verifications > Providing Assistance to Clients in Obtaining SNAP Verifications
First, if a specific or preferred proof is not available, DTA must accept any documents that reasonably prove your eligibility. 106 C.M.R. § 361.640. DTA cannot demand a specific document such as a birth certificate for identity, or statement from a landlord for residence.
Second, under some circumstances, DTA can ask for additional proofs if the DTA worker determines the information or documents you provided is “questionable.” That means the information you gave DTA is inconsistent with other information on your application, what you reported to the worker or information known to DTA (e.g. through database checks). 106 C.M.R. § 361.620. The DTA worker must review the individual circumstances of a household before determining information is questionable.
DTA should not require you to “prove a negative,” such as being out of work more than 60 days, or that you are no longer living with an absent parent. If you are asked to prove something that you cannot, contact a legal advocate.
If DTA rejects the proofs you offer, the worker must document in your case record the reasons for rejecting that proof. 106 C.M.R. § 361.660. If you think you have given DTA enough proof, you can ask to speak to a Supervisor or contact a Legal Services (See Appendix E).
Example: Clara has been unemployed for a year and has no income when she applies for SNAP. She claims rental costs of $850 per month. Clara reports to DTA that she has been borrowing money from friends after running up debt on her credit card and falling behind on her rent. This reasonable explanation should not be “questionable” and DTA should require additional verifications.
Example: Sandy is age 55 and separated from her husband 6 months ago. She applied recently for SNAP. An RMV check shows that her husband still has his car registered at the same address. Sandy has no control over her husband and should not be required to prove where he lives or to get the RMV to change the listed address of his car.
DTA Online Guide: SNAP > SNAP Verifications > SNAP Verifications Overview
Yes! First, DTA must give you a full 30 days from when you applied before they can deny your SNAP application. DTA must also send you a notice of the exact verifications they need.
If the proofs they need are still missing by Day 30, DTA will send you a pending denial notice. 106 C.M.R. § 361.930. The SNAP pending denial notice should list the specific proofs or verifications that are still missing, and tell you that you have another 30 days to bring in these proofs.
If you get the proofs to DTA within this second 30 day period, your case should get reopened. You do not need to reapply. 106 C.M.R. § 361.940.
Example: Vicky applied for SNAP on June 1. She sent DTA most of the required verifications by June 10, but was missing wage stubs from a part-time job. Vicky was sent a denial notice dated June 30th telling her she was denied and the proofs missing. Vicky sends DTA the missing wage stubs on July 10. DTA should reopen Vicky’s SNAP application without making her reapply.
DTA Online Guide: SNAP > SNAP Verifications and SNAP > Application Processing > SNAP Application Processing > The BEACON-generated Pending Denial Notice
Sometimes if your SNAP case is not approved until the second 30 day period, DTA will “pro-rate” your SNAP. This happens when your case is approved in the second 30 days after missing verifications were received. The date from which your SNAP benefits start depends on whose “fault” caused the delay in verifications.
The SNAP regulations, 106 CMR 361.910 and 920, are very clear that pro-ration should only happen if the delay is the fault of the household AND the DTA worker assisted the household in getting the required verifications. So, it is very important to tell DTA if you need help getting documents. It is a good idea to tell them in writing.
In most cases, DTA’s computer system automatically determines “fault” and decides if the SNAP should be pro-rated or not. This means even if you asked for help getting documents, DTA may still pro-rate your SNAP. If DTA approves your SNAP but you do not get the full amount going back to the date of application you can ask DTA to fix it. Call the DTA Ombuds office or file an appeal if DTA does not fix the problem. See Question 26 and Question 94.
Example: Vicky applied for SNAP on June 1, got a pending denial notice then got an approval notice on July 15. It said her SNAP was approved effective July 10, the date DTA received missing wage stubs. This means she missed 40 days’ worth of SNAP. You learn Vicky actually had asked the DTA worker for help getting the missing wage information because her employer was uncooperative. DTA made a note in the case record but did not offer to do any collateral contact, and then denied the SNAP on Day 30. Vicky eventually got an advocate to contact the employer who sent the missing wage information, but DTA failed to offer to help her back in June. DTA incorrectly prorated the SNAP benefits and should pay Vicky SNAP going back to the date of the original application.
DTA Policy Guidance:
DTA Online Guide: SNAP > Application Processing > SNAP Application Processing > Proration of SNAP Benefits at Application
The SNAP rules require DTA to screen all applicants for expedited service upon receiving the application. 106 C.M.R.§ 365.800. You are eligible for expedited (emergency) service if:
■ you have $150 or less in monthly gross income and $100 or less in liquid assets (cash and money in the bank), or
■ your shelter costs are higher than your combined gross monthly income and cash and savings (DTA adds the value of the standard utility allowance or SUA to your rent or home ownership costs) , or
■ you are a migrant household with $100 or less in cash and savings.
If you verify your identity and you meet one of these criteria, you should get SNAP EBT card and benefits within 7 days. Expedited SNAP benefits are not extra benefits—they are just a way to get your first month’s benefits faster.
Example: Stella earns $200 a week in gross wages (before taxes) at her part time job, for a total monthly income of $866 (weekly x 4.333). Stella pays $500/month rent and separately pays heating costs. Her total shelter costs are $1,121 based on her rent of $500 plus the $621 heating/cooling standard utility deduction (SUA). Because her gross income is less than her shelter costs, Stella is eligible for expedited SNAP for one month.
The amount you get in expedited SNAP benefits is based on the income you have already received and anticipate receiving in the cyclical month of your SNAP application. DTA can count your last pay check in that cyclical month, even if it comes from a terminated source. 106 C.M.R. § 365.840.
DTA Online Guide: SNAP > Application Processing > SNAP Application Processing > Expedited Benefits and > Screening for Expedited Service and > Issuing Expedited Benefits
If English is not your primary language, DTA must provide you with a bilingual DTA worker or communicate through a translation service.
Language Access on the DTA Assistance Line
When calling the DTA Assistance Line (1-877-382-2363), DTA has a recording with the prompts you can push to get service in your language.
As of January 2016, the DTA Assistance Line has language capacity in English, Spanish, Portuguese, Cantonese, Vietnamese and a separate prompt to push for other languages.
If you select a language other than English, then:
Applying for SNAP in another language
As of January 2016, the online application is in English, Spanish, and Portuguese. If you are applying for SNAP online through the Virtual Gateway (see Question 2), you should indicate your primary language in the “Personal Information” section on the drop-down menu labeled “Spoken Language”.
As of January 2016, DTA has paper applications in 12 languages byond English: Spanish, Portuguese, French, Haitian Creole, Chinese, Vietnamese, Khmer, Korean, Russian, Italian, Polish, and Arabic. You can download and print these applications at http://www.mass.gov/eohhs/gov/departments/dta/food-assistance.html Be sure to write down the language you prefer in the first section of the SNAP application that says: Information About You.
DTA notices in another language
DTA currently provides the computer-generated (BEACON) notices and forms in only English and Spanish. DTA sends a “babel” flier in other languages recommending you get the information sent to you translated.
Under federal law, DTA must provide you with an interpreter if you need one. DTA should not tell you to bring your own interpreter. See Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. DTA should not tell you to have a family member interpret for you.
Federal SNAP law also requires DTA to have written materials in languages other than English if there are at least 100 households in the area served by the welfare office that speak that language. 7 C.F.R. § 272.4(b)(3). A written notice reducing or stopping your benefits is not valid if it is not in your primary language, you do not read English, and there are 100 or more households in the area served by the welfare office that speak your language.
For more information on the federal and state government’s duties to persons with limited English proficiency (LEP), see www.lep.gov and https://www.justice.gov/crt/executive-order-13166. For SNAP eligibility and benefits information in 35 languages, see http://www.fns.usda.gov/documents-available-other-languages.
DTA Online Guide: Services > Interpreter Services >Department Interpreter Services and Guidelines for providing Interpreter Services
If you are deaf or hard of hearing, DTA must ensure effective communication with you. 106 C.M.R. § 360.510. DTA requires staff to be trained on and use auxiliary aids.
Both the printed and online SNAP applications ask if you need support services or have a special situation for which you need interpretation services. You should indicate that you are hearing impaired and/or you need interpretation, communication access real time translation (CART), or sign language interpretation to communicate with your case manager.
See also DTA obligations to provide additional accommodations in Questions 23 through 25.
DTA Online Guide: Cross Programs > Harper/ADA > Available Auxiliary Aids and DTA Job Aid: “Using MassRelay: Telephonic Assistive Technology” found in Online Guide at Interpreter Services – Policy and Procedures
The federal Americans with Disabilities Act (ADA) requires DTA to provide equal access to programs and services to qualified people with disabilities. 42 U.S.C. § 12132; see 106 C.M.R. §§ 360.250, 701.390.
Under the ADA you are a person with a qualifying disability if you have a disability that substantially impairs a major life activity, such as learning, understanding, walking, working, breathing, or caring for yourself. Disabilities include physical or mental health impairments, and intellectual disabilities. A temporary health problem like a broken leg may not be a disability under the ADA.
You can be disabled under the ADA even if you are not receiving any benefits on the basis of disability and even if DTA has decided you do not qualify for an exemption because of disability. See Question 24.
If a disability makes it hard for you do the things DTA asks you to do to get and keep your benefits, you can ask DTA for a reasonable accommodation. An accommodation may be appropriate if your disability makes it hard for you to:
Accommodations can be something you need only once, or something you need on an ongoing basis. Accommodations can include:
Example 1: You have severe depression and post-traumatic stress disorder (PTSD). You need help getting verifications and you cannot go in person because taking public transportation and being in crowded waiting areas trigger your PTSD symptoms. You can ask DTA to help you get verifications and to waive any requirements for in-person appointments.
Example 2: Because of your learning disability, you need help understanding DTA notices and help completing the paperwork that DTA asks you to complete. DTA should accommodate you by explaining notices to you and by filling out the forms with you instead of requiring you to fill forms out by yourself. For more information about protections related to learning disability, see Question 23.
Example 3: You have a hearing, vision, or other condition that makes it hard for you to communicate. DTA should ask you what kind of help you prefer to communicate with DTA. This help is usually called an auxiliary aid. DTA should try to provide your preferred auxiliary aid. If that is not possible, DTA should work with you to find an acceptable alternative.
Example 4: Because of your disability, you need help explaining to your health care provider that you need an exemption from the 3 month “ABAWD” time limit. See Question 55. You have a hard time communicating with third parties because of your disability. You need DTA to contact your health care provider to complete the special ABAWD Medical Report. You need this form signed because you are under age 50 and not currently receiving SSI or other a disability-based benefits and you may lose your SNAP benefits without this proof.
DTA Online Guide: Cross Programs > Harper/ADA
DTA is required to ask all clients if they have a disability and need an accommodation. A DTA worker is supposed to ask these questions at application and recertification, and also when a client raises disability. You can ask for an accommodation at these times, or at any time that you need one.
You can ask the DTA Assistance Line worker for an accommodation, or you can talk to the Client Assistance Coordinator in your local DTA office. Each DTA office has a Client Assistance Coordinator who can help with the accommodation process. You will have to explain why the disability means you need the accommodation you are requesting.
Once you ask for an accommodation, the process to figure out what accommodation is appropriate is supposed to be interactive. For example, if you ask for something DTA says they cannot do, instead of denying your request, they should discuss other options with you. In some cases, DTA may also ask for medical evidence that you need the accommodation. If you need an accommodation but do not have the medical evidence that DTA is asking for, you can ask the Client Assistance Coordinator to help you get it.
If DTA cannot approve the specific accommodation you ask for, they are supposed to discuss what they can do instead. If DTA has not approved an accommodation you think you need, you may appeal.
The DTA local office should give you a written decision on your request for reasonable accommodation no later than 30 days from your request. If the local office denies your request, or any part of it, you can ask the DTA Central Office Accommodation Appeal Committee to review the decision by filling out the back of the form and DTA. The Committee has 10 days to make a decision on the reconsideration request. You can also file your request directly with the Committee if the local office does not decide your request in 30 days.
If the DTA Central Office Accommodation Appeal Committee denies your request for accommodation in whole or in part or does not make a decision in 10 days from your request for a decision, you can request a hearing by filling out the back of the form and sending it to the Division of Hearings.
DTA has created a special DTA Ombuds Office to handle client complaints and concerns. You can call the DTA Ombuds Line any time if you cannot reach a DTA worker or you need help fixing your SNAP case.
DTA Ombuds Line: 617-348-5354.
If no one answers, leave a detailed message with your full name, your Agency ID or SSN and a phone number where you can be reached. If you do not get a call back and cannot get help with your case, contact an advocate.
You always have the right to appeal any decision made by DTA, even if you contact the Ombuds Office. See Part 6 for appeal rights.
If you have access to the Internet, an email address, and have your EBT card, you can set up a “My Account Page” (MAP). Follow these steps to set up your MAP:
Step 1: Visit www.mass.gov/vg/selfservice and click on “My Account Page.” You will need an e-mail address to start the process. If you do not have an email, you can create a free email through Gmail, Yahoo, Hotmail and other email services.
Step 2: Look out for an email sent back to you from the MAP with a special web link. This takes just a couple of minutes. (Check your spam filter if you do not get an email.)
Step 3: Click on the web link in the DTA email you receive from the Virtual Gateway. You will be asked to create a password and answer two “security questions” for the account (such as your favorite food or favorite animal). The next screen will show you an assigned “username.” The username is the first letter of your first name followed by last name and possibly a number---for example, Msmith2. Be sure you write this down—the username will also be sent to the email you provided.
Step 4: The three steps above set up the MAP account. To get access to your personal case information, you now need to log-in and click on the “My Account Page” link in the middle of the screen. Then you need to enter the following three pieces of information:
This information is required each time you log-on to the MAP. You can change your email address or user profile any time.
As of the date of this Guide, DTA does not allow a MAP to be set up for persons without an EBT card.
What information will I find on my MAP Account?
There’s lots of information about your SNAP or cash case including:
You can print out information about your monthly benefits to give to another program (e.g. if you apply for housing or Fuel Assistance, but note that SNAP benefits do not count as income for any of those programs).
You can also print out recent forms that DTA has sent to fill out, including a SNAP interim report or recertification form.
Online Guide Sections: Cross Programs > MAP > My Account Page (MAP) FAQs
In December 2014, DTA started a pilot called eNotification to reduce the number of paper notices mailed to DTA clients. If you chose to enroll in eNotification, you will receive an email from DTA each time they send a SNAP notice to your My Account Page (MAP). DTA will no longer send you paper notices through the U.S. mail. E-notification is your choice.
Important – the email that DTA sends you about your benefits is just a general alert. The DTA email does not include a copy of the actual notice DTA sent or even tell you what it is about. You need to log into your MAP each time to read the notice.
DTA will continue to snail mail paper forms you need to fill out and return, such as SNAP interim reports and recertification.
In 2013, the Massachusetts Legislature passed a state law to require some of the SNAP and cash assistance recipients to have EBT cards with a photo of the head of household. M.G.L. Chpt. 18 §2 (B)(k). Due to advocacy by a range of state organizations, the final state law exempts almost 75% of our SNAP and cash recipients from the photo EBT rule.
There are three types of valid EBT cards in Massachusetts. Regardless of what your card looks like, all EBT cardholders have the same rights when using the card and buying food.
Photo EBT Card for “mandatory” (non-exempt) recipients. DTA started issuing in 12/13.
“Valid-without-Photo” issued to exempt applicants, and recipients who need a replacement card. Started 12/13.
Back side of new photo and non-photo EBT card, states “This card may be used by any household member.”
Some MA residents still have the traditional blue EBT card if on SNAP before December 2013. These EBT cards remain valid.
Important rights to know:
Persons EXEMPT from photo EBT cards: The head of household does NOT need a photo EBT card if:
DTA automatically exempts persons they know are age 60 or older, or receiving a disability-based benefit such as SSI or EAEDC. A victim of domestic violence and person with disabilities can self-attest to their situation, without having to provide additional verification.
If DTA already issued you a photo EBT card, but you are now exempt, you have the right to get an EBT card without a photo (e.g. you turn age 60, are disabled or meet another exemption). DTA also should not charge you any replacement fee if you qualify for a “Valid-without-photo” EBT card.
How does DTA issue photo EBT cards?
DTA will provide you with a photo EBT card one of two ways:
If you get a notice for a photo EBT appointment, you can reschedule the photo appointment if you have a conflict. You can also go to any DTA office to have your photo taken. DTA cannot hold up or delay or close your SNAP case while scheduling your photo appointment.
Appendix C has a flier that explains the rights of cardholders when using an EBT card. For more information about Photo EBT cards you can also visit: www.masslegalservices.org/photoEBT.
DTA Online Guide: Cross Programs > EBT > Photo EBT Requirements
A SNAP household or assistance unit is either a person living alone or a group of people living together. The SNAP rules look at whether persons who live together “customarily purchase and prepare” food together. 106 C.M.R. § 361.200.
Unlike the TAFDC, EAEDC and MassHealth rules that look at the legal responsibility of persons who live together (spouses to each other and parents to minor children), the SNAP program also looks at a “household” based on the group of people who live under the same roof and how they buy and share food. This is a fundamental concept of the SNAP program, but it can confuse both low-income households and advocates because eligibility differs from other needs-based programs.
This SNAP “household rule” applies even if the people you live with are not related to you, or do not have any legal obligations to support you. If you live with a group of people, they are part of your SNAP “household” when you buy and share food together most of the time (for example, you share commonly bought food for more than 11 out of 21 weekly meals.) See Question 31 for examples.
The SNAP household rules also say that if you live with your spouse or you are a child under age 22 and live with your parents, you must be in the same SNAP household. This is true even if you do not buy food and prepare meals together, or even if your parents or your spouse do not want any SNAP benefits. See Question 32.
In joint custody situations, children are usually part of the SNAP household of the parent who provides the most day-to-day care and control. Both parents cannot receive SNAP benefits for the same children.
Note: Federal regulations use the term “household.” 7 C.F.R. §273.1(a). DTA uses both the terms “household” and “assistance unit.” This Guide uses the term “household.”
DTA Online Guide: SNAP > Eligibility Requirements > Household Composition
If you live with other people but you buy and prepare your own food separate from them most of the time, you may be able to get your own SNAP benefits. You are not required to keep your food separate from their food, use a different stove or refrigerator or even have access to cooking facilities. 106 C.M.R.§ 361.200.
On the application form, when you list other persons you live with, be sure to check off yes or no if you share food with the people sharing your apartment or home. You should only have to provide proof of your situation if the information you provide looks questionable to your case manager. See Question 17. The fact that you do not have money to buy food is not questionable if you are getting food from food pantries or borrowing money for food until you get benefits.
Example 1: Jane and Steve are roommates who share an apartment. Both have jobs, Jane works part-time. They occasionally share a meal together, but they buy, prepare and consume the majority of their food (more than half their weekly food) separately. Jane and Steve can be separate SNAP households. Even if they share a bedroom—unless they are legally married—they can be separate SNAP households.
Example 2: Sally is a single mother with one child. She is 25 years old and shares an apartment with her sister. Sally pays half of the rent. She purchases and prepares most of her own food for herself and her child even though she uses her sister’s kitchen. Sally and her child can be a separate SNAP household.
DTA Online Guide: SNAP > Eligibility Requirements > Household Composition
Some people cannot be a separate household even if they buy and prepare their food separately. Here are three important exceptions:
Example 1: Kelly is a single parent, age 20, who lives with her parents and her 1 year old baby. Kelly receives TAFDC for herself and her baby. However, due to her age, Kelly cannot get her own SNAP benefits and must apply with her parents. She is eligible as a separate SNAP household when she turns 22.
Example 2: Katherine is 65 years of age and receives Social Security for herself. She cares for two grandchildren, ages 8 and 12, and receives child support for them. Katherine cannot get separate SNAP benefits for her grandchildren because they are minors and she provides financial and parental supervision for them.
A “SNAP shot” on separate household status for persons who live together
Separate SNAP HH?
Unrelated persons who purchase and prepare most of the food separate from each other.
Related persons – other than spouses or children under age 22 – who purchase and prepare most food separately.
Spouses who live together and unmarried parents who live with their children in common.
Persons under 22 years who live with their parents, or children under 18 living with financially/legally responsible adults
Households with a foster adult or child
There are special rules for households with foster children and foster adults. A household can choose to include or exclude the foster child or disabled foster adult from the SNAP unit. 106 C.M.R. § 361.240(F). The household may get more SNAP benefits if the foster child/adult is excluded because foster care payments do not count toward the SNAP household income for an excluded child.
For more details on the right to opt out a foster child or foster adult, see Question 40.
There are two options that can help persons with disabilities get SNAP benefits, even when they are unable to prepare their own meals:
Option 1: If your disability makes you unable to purchase and prepare your own food, you can get SNAP separately from the people you live with – even if they shop and cook food for you. You have this option as long as the majority of the food you consume (e.g. more than half 21 meals/week) is purchased with your income and prepared for you separately. In contrast to Option 2, your age does not matter (you do not have to be both elder and disabled) and you do not need verify the income of the people you live with. However, you cannot get separate SNAP benefits if the person buying and cooking food for you is your legal spouse, or your parent if you are under age 22.
There are many reasons why persons with disabilities may have meals prepared separately. For example, they may have special diets, need to eat meals at different times from others, or need to manage their income and expenses separate from others. Having a disability that prevents you from buying and cooking food for yourself does not prevent you from getting your own SNAP benefits.
Example 1: Thomas is a 35-year-old disabled adult. He shares an apartment with a roommate, Joe. Because Thomas is unable to buy and cook his own food due to his disability, Joe does that for him. Thomas gives Joe money to buy food and Joe cooks it for him. Joe also cooks and prepares his own food separately. Sometimes they share a meal but the majority of food Thomas consumes is purchased and prepared separately from Joe’s. Thomas could chose to have Joe as his authorized representative and have Joe use Thomas’s EBT card to purchase food for Thomas or he can accompany Joe to the store. Either way, Thomas qualifies for his own SNAP household.
Option 2: If you are 60 or older and have a permanent disability, you may be able to get SNAP separately for yourself even if you share meals with others. To qualify as a separate SNAP household in this situation, you must be severely disabled and at least age 60 or older, and the gross income of the individual or family you live with must be less than 165 % of the federal poverty level (FPL). 106 C.M.R. § 361.200(B)(4).
Example 2: Bertha is a 75-year-old disabled woman. She receives $1,000 per month in Social Security benefits. She lives with her 40-year-old daughter Mary and Mary’s two children. Mary’s gross income is $1,200 per month. Mary purchases food and prepares the meals for the entire household, including Bertha. Since Bertha is both disabled and over age 59 years of age, she can qualify for a separate SNAP benefit. That’s because her daughter’s gross income is below 165% of the federal poverty level for a family of three (Mary and her two children). Mary may also wish to apply for SNAP as a separate SNAP household for herself and her children. The two separate households will receive more in SNAP benefits than if they were in one SNAP household of four persons.
Note: Households that are caring for frail elders or persons with disabilities and who receive adult foster care payments can exclude (“opt out”) the foster adult. This excludes the foster care payments as income and can increase the SNAP benefits. 106 C.M.R. § 361.240 (F). See Question 40. Adult foster care is a special program through MassHealth which pays someone for in-home care of a low-income disabled adult or frail elder who might otherwise be institutionalized. See MLRI FAQ in Appendix C.
DTA Online Guide: SNAP > Eligibility Requirements > Household Composition
Yes! If you are disabled or elderly (meaning age 60 or older) you can benefit from special program rules. 106 C.M.R. § 361.210.
Under the SNAP rules, you are considered disabled only if you receive one of the following benefits:
Cash Assistance Disability Determinations
If you receive EAEDC or TAFDC cash assistance, in order to meet the SNAP disability criteria you must meet the SSI standards of disability. DTA uses the Disability Evaluation Service at UMass Medical School as their “professional review organization” or PRO. When DES reviews disabilities, they code TAFDC and EAEDC recipients based on the severity of disability. Individuals that meet SSI standards are given the following codes on the DES Decision Tracking Form sent to DTA: codes 100, 110, 120, or 130 on their “Determination Tracking Form.”
Many disabled EAEDC and TAFDC recipients may meet SSI standards even though they have not been approved for SSI benefits. Be sure to ask DTA what the DES or PRO decision code is on your case if it would make a difference in your qualifying for SNAP or in the SNAP math.
MassHealth Disability Determinations:
Some individuals may need a MassHealth disability determination in order to benefit from the favorable SNAP math (uncapped shelter, medical expense deduction), or just to qualify as a disabled legal immigrant.
MassHealth generally uses disability standards to upgrade persons from MassCare Plus to MassHealth Standard and for CommonHealth. 130 C.M.R. § 505.002(F), § 519.007(B) and (C). MassHealth applicants often forgo a disability determination because they find the scope of benefits in MassCarePlus is adequate to meet their needs. Individuals tend to apply for a disability determination if their income exceeds 133% FPL and are looking for CommonHealth, or if they need long term nursing care services or other services not included in CarePlus.
However, even if you do not need more health coverage, you can still seek a disability determination. You may wish to do this if you are severely disabled, do not receive EAEDC or TAFDC and having the DES disability determination would make you SNAP eligible as disabled or help you get a higher SNAP benefit because you could claim medicals and higher shelter costs.
To get a disability determination, fill out the 10 page MassHealth Adult Disability Supplement, and each of the Medical Records Release Forms. Send this full document to:
Disability Evaluation Services
UMASS Medical DES
P.O. Box 2796
Worcester, MA 01613-2796
For copies of the MassHealth Adult Disability Supplement, go to: http://www.mass.gov/eohhs/docs/masshealth/appforms/mads-adult.pdf
For more information on the difference between MassHealth Standard and MassCare Plus, see MLRI’s chart describing the programs here: http://www.masslegalservices.org/content/careplus-table-comparing-benefits-standard
Immigrants and Disability Determinations:
Legally present (LPR, parolees, battered) immigrants under age 65 who receive EAEDC will have a disability determination done by UMass DES. Elder immigrants who get EAEDC cannot get a DES disability evaluation. If you are an elder immigrant receiving EAEDC, DTA has developed a form on which a doctor can certify that you meet the SSI standards. This is especially important for legal permanent residents subject to the 5-year waiting period. See Question 46.
DTA Online Guide: SNAP > Eligibility Requirements > Elderly/Disabled > SNAP Disability Requirements and Verifications; and > Processing a Claim of Disability to Qualify for the Special Regulations for SNAP Eligibility.
You do not need to have a permanent address or a regular place to live to get SNAP. 106 C.M.R.§ 362.100. You do not need to have cooking facilities. You can get benefits if you live on the street. You can also receive benefits if you are staying at a homeless shelter or a shelter for victims of domestic violence, even if you get free meals at the shelter on a regular basis. 106 C.M.R.§ 361.240(B).
When you apply, DTA will ask for proof of your identity. 106 C.M.R.§ 361.610(G). If you do not have any ID, there are many ways you can prove who you are, including a written statement from a staff person at a soup kitchen, detox program or shelter. 106 C.M.R.§ 361.640(B). DTA will also ask for and verify your SSN. See Question 12.
If you do not have an address where you can regularly pick up mail, you can have mail from DTA sent to the address of your local DTA local office, to a local organization such as a shelter that accepts mail for clients, or to a U.S. Post Office Box.
Three-month “ABAWD” time limit and homeless individuals
If you are between age 18 and 49 without children and lack a stable nighttime residence, you may be exempt from the ABAWD (able-bodied without dependents) three-month SNAP time limit. You can call the DTA Assistance Line to claim an exemption or complete a special ABAWD Homeless Exemption Form, Appendix C. See Question 56 for all the ABAWD exemptions.
Online Guide Sections: Homeless Households Policy and Procedures and SNAP > Work Requirements > ABAWD Work Program Requirement > ABAWD Work Program Exemptions
If you live in a licensed group home for persons who are disabled or blind, you are eligible for SNAP benefits at the one-person benefit allotment, even if you share common meals at the home. 106 C.M.R. §§ 361.240(B), 365.620. The group home must be licensed by the state as a community-based residential facility and serve no more than 16 residents at a time. 106 C.M.R. § 365.640.
You may be able to apply and manage your own SNAP benefits or the group home may decide to be your authorized representative. See Question 7. The group home must make this decision based on an individualized determination of your “physical and mental ability to handle your own affairs.” 106 C.M.R. § 365.620(A).
You cannot be forced to automatically turn over your benefits or forced to appoint the group home as your authorized representative. You also have the right to challenge their determination if you want to keep your own SNAP benefits. However, if you get prepared meals at the group home, they may ask you to contribute some of your SNAP benefits toward the cost of these meals.
Online Guide Sections: SNAP > Expenses and Deductions > Household Expenses > Group Homes > Group Homes
Residents of institutions that provide residents with a majority of meals (e.g. more than half) do not qualify for SNAP benefits. Institutions include hospitals, boarding schools, nursing homes, mental health facilities, and prisons. 106 C.M.R § 361.240(A) and (B). Children placed in foster care or youth services are also not SNAP eligible if their absence from the home will last more than 30 days.
However, there are a number of exceptions that permit residents of certain institutions to receive SNAP. 106 C.M.R.§ 361.240(B). You may still be eligible for SNAP if you live in the following settings:
Additional DTA Guidance:
If you live in someone else’s home and you pay that person for more than half your weekly meals, you are considered to be a boarder and not eligible for SNAP benefits as a separate household. 106 C.M.R. § 361.240 (D).
If you pay a reasonable amount for meals, the household providing the meals can choose to include you and your income in their SNAP benefits or the household can choose to exclude you in calculating their benefit allotment. If excluded, DTA will then count your payments (after certain deductions) as income to the host household. A “reasonable” amount is an amount that equals or exceeds the SNAP benefit level for your household size (for example, $194/month for someone getting three meals per day). 106 C.M.R. § 361.240(D).
If you do not pay a reasonable amount for meals, you must be included in the SNAP household of the person who provides the meals and your income and assets will be counted in figuring the eligibility of the whole household. 106 C.M.R. § 361.240(D).
Example: Janet and Joe are 23 years old. They move into Janet’s mother’s house. Janet’s mother receives SNAP benefits. Janet’s mother does all of the shopping and makes all of the meals for Janet and Joe. Janet and Joe pay $150 a month towards food and $200 towards lodging. Because $150 is less than the benefit amount for a household of 2, Janet and Joe must be part of Janet’s mother’s SNAP household and their income and assets count. However, if Janet and Joe bought their food separately instead of giving Janet’s mother money for food, they would not be required to be in her household.
If you are elderly or disabled and live with others who provide meals for you, see Question 33.
If you rent a room or space in someone else’s home and do not pay for meals, you are considered to be a roomer. As a roomer, you can apply for SNAP as a separate household, so long as you purchase and prepare the majority of your meals separately from the other people in the house. 106 C.M.R. § 361.230(A). See Question 31.
Unlike other situations where a child under 18 must be part of the household, a SNAP household can choose to include or exclude the foster child from the SNAP unit. 106 C.M.R. § 361.240(F). If the foster child is excluded, the foster care payments and any other income received for the child, such as child support, will not count as income to the household. For this reason, it is usually better to exclude the foster child to maximize the SNAP benefits for the rest of the household. The foster child, however, cannot get benefits as a separate household.
Example: Sam and Susan have two children of their own. They also care for a foster child, Jimmy, and get foster care payments of roughly $600 per month for him. They can apply for SNAP for themselves and their two children (family of four), excluding the monthly foster care payment from income. Alternatively, Sam and Susan can apply for SNAP for a family of five including their two children, and their foster child, Jimmy. In that case, their income, plus the foster care payments they receive for Jimmy will be used in the calculation of benefits for five people. Households usually get more SNAP benefits excluding the foster child since the foster care payments are then excluded from countable income.
A SNAP household also has the choice to include or exclude adult foster care members, even if they share family meals with that person. 106 C.M.R. 361.240(F). Adult Foster Care (AFC) is a program for frail elders and adults with disabilities who cannot live alone. 130 C.M.R 408.410-438. MassHealth pays qualified AFC caregivers up to $18,000 a year to provide in-home care to elder and disabled MassHealth recipients who would otherwise be institutionalized. However, the caregiver and other family members may still be low income and qualify for SNAP benefits.
If the foster adult is excluded from the SNAP household, none of the foster care payments paid to the caregiver or income of the fostered individual counts for SNAP purposes. By excluding the adult foster care payment and other income received by the fostered adult, such as SSI or Social Security, the care giving household often qualifies for much higher monthly SNAP benefits based only on their income and portion of living expenses.
Example: Frank and Emma are foster caregivers for an 88 year old woman, Margaret. Emma provides the daily foster care and Frank works part time earning $1,000/month. The Adult Foster Care Program pays the Wilsons $1,500 a month. Margaret also receives $800 in Social Security. Under the SNAP rules, Frank and Emma can apply for SNAP benefits for a 2 person household, excluding Margaret from the SNAP household. Only the $1,000 income earned by Frank is countable income for SNAP purposes. This is true even though the couple purchases and prepares the food all together.
Online Guide Sections SNAP > Eligibility Requirements > Household Composition > Household Composition
Many low-income college students may be eligible for SNAP benefits but not realize it. The college student rules can be very confusing.
Eligible college students
If you are a low-income college student enrolled half-time or more, you may qualify for SNAP – on your own or part of your parent’s household – as long as you meet any one of the following conditions:
106 C.M.R. §§ 362.400-362.420 lists all the conditions that qualify college students.
Example 1: Jane is a single parent and a full-time college student with one child age 10. Jane qualifies for SNAP, even though a student, because she is a single parent with a child under age 12.
Example 2: George is a full-time college student with no dependents. He has a work-study job on campus for 5 hours a week. George meets the SNAP rules for college students because he is doing work-study. He does not need to work 20 hours per week.
Example 3: Suzy is majoring in communications at the local community college. Because she is in a public college and in a program that is expected to lead to employment, according to the college, she meets the student eligibility requirements.
College students enrolled less than half-time do not need to meet the conditions above to get benefits. 106 C.M.R.§ 362.400(A). If you are able-bodied, child-less and age 18 to 49, however, you may be required to comply with certain work or community service requirements to continue SNAP benefits. See Question 55 and 56 regarding ABAWDs.
Purchase and prepare rules for college students
If you live on campus and get most of your meals through your meal plan, you do not qualify for SNAP.
If you live with your parents and you are under age 22, you must be part of their SNAP household if you meet the student eligibility rules, and even if you purchase and prepare food separately. See Question 17.
Treatment of college student loans and grants
There are specific rules on what income is countable for eligible college students. It is important to remember the following:
To help verify your countable school income, DTA uses an “Educational Income and Expense Form” (EDUC-1). See Appendix C. By signing this form, you are giving permission for your college financial aid office to release information to DTA. Use of the form also makes it easier for the financial aid office to report non-federal financial aid you receive and indicate if any of it is designated for your living expenses. You are not required to use this form but it may help in getting the exact information DTA needs.
Online Guide Sections: SNAP > Eligibility Requirements > Students > Students
A criminal record, including a drug felony conviction, does not bar you from receiving SNAP benefits in Massachusetts. However, you can be barred from SNAP benefits if you:
Federal SNAP rules directs states not to disqualify individuals whose names happen to appear on a criminal database. The regulations put the burden on the state SNAP agency to confirm an individual is actually fleeing prosecution by confirming a) there is an outstanding felony warrant, b) the individual is aware of or should be reasonably expect the felony warrant, c) the individual is taking action to avoid being arrested, and d) law enforcement is actively seeking the individual. 7 CFR §273.11(n). FNS provides states with an alternate test as well. In issuing final regulations, FNS noted that unless law enforcement has arrested an individual (e.g. placed them in an institution), the individual is “free to apply for SNAP at any time” Fed Register 55410 Vol. 80, No. 175, Final Regulations September 10, 2015
DTA has not issued updated regulations as of the publication if this guide. If you see any SNAP households denied or terminated for SNAP benefits on this basis, contact an advocate immediately.
A United States citizen is an individual who was born anywhere in the United States or its territories, including Puerto Rico, Guam and the U.S. Virgin Islands. Individuals from the American Samoa or Swain’s Island are also considered U.S. citizens for benefits purposes.
An individual who was born in another country and was granted U.S. citizenship through the naturalization process is also a U.S. citizen. 106 C.M.R.§ 362.200.
In addition, “derived citizenship” is based on the U.S. citizenship of one’s parents. If an individual was born abroad and at least one of the biological parents was a U.S. born citizen at the time of the child’s birth -- and lived in the U.S. at any time prior to the birth -- the individual may have derived citizenship. An individual born abroad also has “derived citizenship” where both parents naturalized to U.S. citizenship before the child turned age 18. 106 C.M.R.§ 362.210. These individuals do not need to petition for U.S. citizenship or naturalize in order to be considered a U.S. citizen eligible for SNAP benefits.
Under the SNAP program, you are not required to verify U.S. citizenship unless the DTA finds the information provided is questionable. 106 C.M.R. § 362.210. The program rules allow you to self-declare, under penalty of perjury, that you are a U.S. citizen.
DTA Online Guide: SNAP > Eligibility Requirements > Citizenship > Citizenship Overview
The eligibility rules for immigrants and refugees (immigrants) are very complicated and sometimes require the advice of an experienced advocate. It is also important to note that the SNAP eligibility rules affecting immigrants are different from cash assistance and MassHealth rules. The chart in Appendix D highlights the differences.
There are basically three groups of immigrants who qualify for benefits under the SNAP rules. 106 C.M.R. §§ 362.220-362.240.
Group 1: Refugees and other individuals who have fled persecution
You qualify under the SNAP eligibility requirements if you are:
If your immigration status falls under one of the above, you qualify for SNAP benefits without the five-year waiting period. You are also eligible without the 5-year waiting period if you recently became an LPR even if you previously had one of these statuses.
Group 2: Legal permanent residents, parolees and battered immigrants
You may qualify under the SNAP requirements if you are:
If you are one of the above immigrants, you also do not need to wait five years if you meet any of the following:
Group 3: Immigrants with other special statuses
You meet the SNAP eligibility requirements, without the 5-year waiting period, if you:
Unless you fall within one of the above three groups, you are not eligible for SNAP. See 106 C.M.R. § 362.220(D)-(G). You can still apply for benefits for U.S. citizen or qualified immigrant dependents who meet the SNAP eligibility rules, but you will not receive benefits for yourself.
Examples of ineligible immigrants include:
DTA Online Guide: SNAP > Eligibility Requirements > Noncitizen > Noncitizen Introduction; > Legal Permanent Residents > Legal Permanent Resident Overview and SNAP > Eligibility Requirements > Noncitizen > Systematic Alien Verification for Entitlements (SAVE)
Legal permanent residents (LPR) with 40 qualifying quarters (10 years) of work history meet immigrant eligibility without the five year waiting period. 106 C.M.R. § 362.220(B)(7)(f) and (g). If you are an LPR adult who is not disabled and DTA said you must wait five years for to qualify for SNAP, it is important to determine if you have countable work history. Establishing sufficient work history may also qualify you for TAFDC benefits, certain MassHealth benefits as well as federal Supplemental Security Income (SSI) benefits if you become severely disabled or reach age 65 or older.
If you think you have enough countable work history, you can qualify for SNAP for 6 months pending verification. 106 C.M.R. § 362.220(B)
You can get work quarters credit for the following:
You can get credit for work history even if the work was not continuous or the wages not high. For example, for calendar year 2014, the Social Security Administration counted gross earnings of $4,800 or more as four (4) quarters of qualifying work history. The work can be one in just one quarter or over 12 months and still count as 4 quarters (the minimum amounts are adjusted annually and are lower for years prior to 2014).
Check with an advocate before claiming credit for work done in the U.S. when the wage earner did not have work authorization. or a valid social security number.
When can you not get credit for work?
Under the federal rules, the LPR adult or child cannot claim credit for work done after December 31, 1996, if the wage earner also received one of the following federal means-tested benefits while working: TAFDC, SNAP, Medicaid or MassHealth, SCHIP (special Medicaid benefits for children).
If the wage earner was just the grantee for an eligible child or spouse, but not part of the benefits grant, the wage earner should not lose the right to claim the work quarters.
Example 1: Clara has been in the United States for just three years but recently lost her job in a factory. Her husband Jose, from whom she is separated but not divorced, has been here eight years. They both have been working consistently, and paying taxes, since they arrived in the U.S. Clara has 12 quarters of work (three years with four quarters in each year). Jose has 32 quarters of work (eight years with four quarters in each year). The couple has never received SNAP, Medicaid or other federal means-tested benefits. Clara can count her 12 quarters and her husband’s 32 quarters for a total of 42 work quarters. Clara can apply for SNAP and is not required to wait five years.
Even if Clara or Jose have a U.S. citizen or LPR child for whom they received SNAP or Medicaid while they were working, their child’s benefits does not affect their right to claim the work quarters as long as they (the parents) were not on the benefits too.
Example 2: Siobhan is from Ireland. She is 25 years old and finally got her LPR status last year. Her mother and father both lived and worked (and paid taxes) in the U.S. for 6 years when Siobhan was 10 years old, living with her grandmother. They also worked before that in Ireland in the late 1990s. She stayed in Ireland with her grandmother. Siobhan can count her parent’s work history before she turned age 18. Even though she is 25 and just got her LPR status, she can qualify for SNAP. Siobhan can also count any work done by her parents in Ireland after 1993 and before she turned 18 (Ireland is one of the 25 foreign countries for which work history counts).
How to confirm 40 quarters of work history
Work history can be confirmed through pay stubs, union records, federal or state tax returns, proof of self-employment business or SSA records.
DTA can also get information about work history through the SSA Quarters of Coverage History System (QCHS). DTA sends an inquiry to SSA to find out whether you have enough qualifying quarters. DTA can also request from SSA the work records of a spouse or parent if you are able to provide enough information to identify that person. If you think your spouse (or parent before you turned 18) may have work history, be sure to tell DTA so they can inquire about this person’s work history as well. DTA should send the Social Security Administration a “Request for Quarters of Coverage History Based on Relationship” (SSA-513 Form).
DTA Online Guide: SNAP > Eligibility Requirements > Noncitizen > Noncitizen Introduction and Legal Permanent Residents > Legal Permanent Resident Overview and Legal Permanent Residents > Verifying 40 Quarters
You do not need to wait five years if you are a legal permanent resident adult and you receive a disability-based benefit because of a severe disability. 106 C.M.R. § 362.220 (B)(7)(e). The same policy applies to battered immigrants and humanitarian parolees.
Question 34 explains the disability rules for SNAP. If you receive MassHealth benefits or EAEDC based on a disability, you may be eligible without the five-year wait. If you are under age 18, there is no 5-year wait for minor LPR, battered or parolee children.
If you are age 65 or older and you receive EAEDC cash assistance, DTA will let you prove disability with a signed one-page statement from your doctor, nurse practitioner, physician assistant, or psychologist. The disability needs to meet the SSI severity levels that apply to seniors (which does take advanced age into account for SSI purposes).
If you are an elder or disabled LPR but are not receiving EAEDC cash assistance, contact an advocate. Some elder or disabled LPRs may not qualify for EAEDC for financial reasons (e.g., spousal income or assets above the low EAEDC limits, or they do not want/need EAEDC benefits.)
DTA Online Guide: SNAP > Eligibility Requirements > Elderly/Disabled > Processing a Claim of Disability to Qualify for the Special Regulations for SNAP and SNAP > Eligibility Requirements > Legal Permanent Residents > Disabled Noncitizen > Disabled Noncitizen
Five year bar does not apply to a LPRs, battered immigrants and parolees who meet multiple exceptions including disabled immigrants who are approved for EAEDC, depending on disability severity. Transitions Hotline Q&A, October 2014.
Guidance to DTA workers on identifying both elderly and disabled EAEDC immigrants who may be eligible for SNAP without the 5-year waiting period, includes Disability Verification Form for Elderly Non-Citizens. F.O. Memo 2008-11 (March 11, 2008) and F.O. Memo 2008-28 (May 29, 2008)
Immigrants abused by a spouse or parent (and the children or parents of abused immigrants) may be eligible for benefits even if their immigration status is pending. 106 C.M.R. § 362.220(B)(8).
You may be eligible if you are no longer living with your abuser and you meet one of the following:
Five-year waiting period for battered immigrant adults
Battered immigrant adults are, unfortunately, subject to the same five-year waiting period as LPRs and parolees. 106 C.M.R.§ 362.220(B)(8). This rule does not apply to children under the age of 18, or disabled immigrants who receive a disability-based benefit. 106 C.M.R. § 362.220(B)(8)(e).
However, when calculating the five-year period for battered immigrant adults there are some important points to remember: If you are a battered immigrant with a relative visa petition (Form I-130), the five year period starts the date it was filed (or the date the you entered the U.S. after filing, if later). If you are a battered immigrant who self-petitioned under VAWA, the start date for the five year period is the date that a “prima facie” determination was made by immigration officials for the VAWA petition (Form I-360).
Children of battered immigrants
There is no five year waiting period for children who are LPRs, have parole status, are children of immigrants who meet the battered immigrant rules, or are U.S. citizens. These children, like other qualified immigrant children, are eligible for benefits immediately. 106 C.M.R. § 362.220(B)(8)(e)(3). There is also no five-year waiting period in the TAFDC program for battered immigrants. 106 C.M.R. § 203.675(A)(8).
Online Guide Sections: SNAP > Eligibility Requirements > Noncitizen > Battered Noncitizen
You have the right to apply for eligible household members, such as U.S. citizen children, and exclude from the application immigrant members who are not eligible or do not want to apply. When you apply, you still need to list all household members who purchase and prepare food together, as well as spouses and all children under age 22. However, you have the option to state which household members are not seeking SNAP benefits.
DTA should not require information about or proof of immigration status if you or other household members do not wish to receive SNAP benefits. 106 C.M.R. § 362.220. If they take your photo for a photo EBT card, they cannot share that photo with immigration officials. Also, DTA is not permitted to take the photo of any noncitizen adult who receiving SNAP on behalf of eligible children but not him/herself. See Question 29.
NOTE: Even if you are not eligible for SNAP or choose to not apply, you must still provide DTA with information on your income and expenses. This is because you are a parent or spouse who is legally and financially responsible for your dependents.
Online Guide Sections: SNAP > Eligibility Requirements > Noncitizen > Battered Noncitizen
No. Getting SNAP will not hurt your immigration status or create a “public charge” problem. SNAP benefits are not considered cash assistance benefits. Receiving these benefits also has no impact on your ability to become a U.S. citizen if you are planning to naturalize. Free school breakfast or lunch, Women Infant and Children (WIC) benefits, MassHealth (other than long term care), housing subsidies, job training, child care, shelters, disaster relief, and health clinic services are other non-cash programs that do not raise the public charge issue.
Further, DTA workers are not authorized to report you or share information with immigration authorities, including your photo, unless you give written permission. The information on your application is private. 106 C.M.R. § 360.400.
In some cases, an immigrant may be in the United States “unlawfully”—but it is not up to DTA to make that determination. The only circumstance where DTA can determine that you are “known to be in the U.S. unlawfully” is when DTA has seen a copy of your final order of deportation or other formal document that proves you are not here legally. 106 C.M.R. § 362.240(B). In that limited situation DTA is authorized to report you to the Department of Homeland Security without your permission. 106 C.M.R. § 362.220 (first section). If you are not sure about your status or need legal advice, consult an immigration specialist.
See DTA Brochure, “What Non-Citizens Need to Know.” Appendix D.
Online Guide Sections: SNAP > Eligibility Requirements > Noncitizen > Noncitizen Introduction
Other Useful Resources on Immigrants and Public Benefits:
Department of Homeland Security public charge fact sheet (revised, April 2011) can be accessed via https://www.uscis.gov/. The fact sheet includes an updated list of programs not subject to the public charge consideration, including SNAP benefits, WIC and other non-cash benefits.
USDA statement on public charge and nutrition benefits, http://www.fns.usda.gov/snap/nutrition-benefits-and-public-charge-effect... USDA has also notified all state SNAP agencies of USCIS guidance that states receipt of SNAP benefits does not lead to “public charge,” found at: http://www.fns.usda.gov/sites/default/files/020110.pdf
Some ineligible immigrants live with other people who are eligible for SNAP, such as an immigrant parent living with U.S. citizen children. There are two different calculations depending on the immigration status:
Calculation for households with legally present, ineligible immigrants
If you are lawfully residing in the U.S. but are ineligible for benefits – or you choose not to be part of the SNAP household – the SNAP benefits for the family members you live with are calculated using a special calculation. 106 C.M.R. § 365.520(B)(2)
The SNAP regulations define a broad group of immigrants who are considered “lawfully residing.” See 106 C.M.R. § 362.240(A). This list includes immigrants with work authorization such as applicants for asylum or with pending VAWA or relative petitions.
The SNAP calculation for households with lawfully present immigrants involves three steps. DTA initially first calculates benefits including the legal immigrants who are not eligible, then calculates benefits excluding the immigrant and his/her income, and finally selects the result with the lower amount of benefits. 106 C.M.R 364.600(C)
Example: Juana is an applicant for asylum. She has employment authorization but is not eligible for SNAP until the asylum status is granted (which can take years). Juana has two young children born in the U.S. She earns $1,250/month gross income and pays $700 rent plus heat and cooling costs. Her children have no income of their own. Here’s how DTA calculates her benefits:
■ Step 1: DTA calculates the benefit amount the family would receive if the immigrant were included in the household. DTA looks at the total household income, including the income of the ineligible immigrant and all allowable deductions.
|Countable net income after deductions:||$341|
|Maximum benefits for household of 3 persons:||$511|
|Subtract 30% of $355 (countable net income):||-102|
|Benefit for this HH ($511 less 1/3 net income):||$409|
In Juana’s case, DTA first calculates the benefits for three persons including Juana and her two children. DTA counts all of Juana’s income and allows all applicable deductions (in her case, the 20% earnings disregard, the $155 standard deduction and a shelter deduction max at $504). Juana has net income of $341 a month. The maximum benefit for a household of three is $511. After subtracting 30% of net income, her family will receive $409/month.
■ Step 2: DTA calculates SNAP for the eligible household members excluding the ineligible immigrant and his/her income. If the eligible members have countable income (for example, child support), that income is counted to determine the SNAP benefits.
In Juana’s case, the children have no countable income, so the benefit for the children at Step 2 would be $357 a month (the maximum SNAP for a household of 2).
■ Step 3: The two amounts are compared and the household is eligible for the amount in Step 1 or Step 2, whichever is lower. The policy reason for granting the lower amount is one of fairness—an immigrant-headed household get no more SNAP benefits than they would receive if all were eligible U.S. citizens.
In Juana’s case, the benefit for the children is the amount in Step 2 ($357) because that is lower than the amount in Step 1 ($409). If Juana had no countable income, the SNAP would still be capped at $357, the maximum for two persons (versus the higher amount of $511 for three persons), because Juana is not herself eligible.
Calculation for households with undocumented or undetermined status members
If you are an undocumented immigrant or are unwilling to provide immigration status information, the benefit calculation is less favorable. DTA will count all of the ineligible immigrant’s income toward the eligible members without considering the ineligible immigrant’s needs. 106 C.M.R. § 365.520(A). This calculation is identical to the way that income is counted for sanctioned household members (individuals who have committed fraud or been sanctioned for work violations). See Question 68.
DTA does one calculation counting the income of the ineligible individual but excludes him or her in determining both the household size and SNAP amount:
Example: In the case of Juana, above, it turns out she does not have any proof of legal status. Because Juana has “undetermined legal status,” DTA counts all of her income against a SNAP benefit level for the two children only. The children will receive only $255 in SNAP benefits, as this is the maximum monthly benefit level for a household of two with countable net income of $341. All of Juana’s countable income is subtracted against a household of two persons.
|Countable net income after deductions:||$341|
|Maximum benefits for household of 2 children:||$357|
|Subtract 30% of (countable net income):||-102|
|Benefit for this HH ($347 less 1/3 net income):||$255|
If you receive financial support directly from the sponsor to pay for living expenses, then that money is counted by DTA and treated as unearned income in calculating your benefits. 106 C.M.R. § 363.220(B)(7).
Example: Johann is an LPR from Germany. Every month his sponsor sends him a $500 payment. DTA will calculate Johann’s SNAP benefits counting $500 of unearned income.
There is no counting or “deeming” of a sponsor’s income if you are indigent (low-income) and do not receive actual payments from a sponsor. “Deeming” involves counting income from a source, such as a sponsor, that is not actually received by the LPR but is assumed to be available. In general, there is also no deeming of sponsor income in the SNAP, TAFDC, EAEDC or MassHealth programs.
There is one exception to this sponsor deeming rule: DTA will count sponsor income when a household member is sanctioned for failure to comply with the SNAP program rules such as committing fraud (an IPV or intentional program violation). 106 C.M.R. § 362.270.
Online Guide Sections: SNAP > Eligibility Requirements > Noncitizen > Sponsor Deeming (deeming applies to sanctioned non-citizens)
Any member of your family who is age 16 to age 60 and not exempt must register for work as part of the SNAP application process and accept any suitable job offers. The individual can also volunteer for additional services. This is called the SNAP Employment & Training (SNAP/ET) Program. 106 C.M.R. § 362.310.
Your SNAP application is also an agreement to register for work—you do not have to take any additional steps to register. This means you can volunteer for the SNAP E&T program. If offered a job, you must accept it unless you have good cause. SNAP work registration is different from the three-month time limit that affects ABAWDs. (See Question 55). The SNAP regulations provide for a wide range of exemptions from work registration. 106 C.M.R. § 362.310(B). These exemptions are most important if DTA thinks you voluntarily quit a job within 60 days or if you are on strike.
DTA can deny your SNAP benefits—or cut you off —if you are subject to the SNAP work registration requirements and you voluntarily quit a job without good cause or you are on strike.
Voluntary quit rule:
DTA should only ask you to verify jobs you had within 60 days prior to the date you applied. DTA does not need verify jobs you had more than 60 days prior. If you need help getting information from a past employer, you can give DTA permission to make a “collateral contact” with the employer directly. See Question 16 and Appendix C. 106 C.M.R. § 361.640(B).
Work strike rule:
If the reason you need SNAP benefits is because you are on a work strike, you and your household cannot get SNAP unless you were income-eligible for SNAP before you went on strike. In other words, your union job paid low enough that your family would qualify for SNAP. If you were income eligible before the strike, DTA will count either the value of your current income or your income before you went on strike to calculate your SNAP benefit, whichever is higher. 106 C.M.R § 361.240(E)(2).
You are not considered on strike if:
Online Guide Sections: SNAP > Work Requirements > Voluntary Quit > SNAP Voluntary Quit
Additional Policy Guidance:
There may be many good reasons why you had to leave a job. You need to tell your DTA worker why you left when you apply for or receive SNAP. “Good cause” for quitting a job includes:
You don’t have to show good cause for leaving a job if you are exempt from work registration requirements. 106 C.M.R. § 362.340.
Even if not exempt, you do not need to prove “good cause” if you left employment because the employer fired you or asked you to quit, if you reduced your hours of work but did not leave your work, if you stopped a self-employment business or if you quit a job for a new job that fell through. 106 C.M.R. § 362.340(D).
Starting January 1, 2016, many childless adults – ages 18 through 49 years – will receive only three (3) months of SNAP in a 36 month period unless the individual is exempt or meeting certain work rules. This is a recently reinstated federal SNAP rule that affects individuals age 18 through 49 who are “able-bodied without dependents” or ABAWDs. 106 C.M.R. 362.320. You may be exempt from this rule based on illness, homelessness, living with a child or living in certain parts of the states. See Question 56.
If you are not exempt, your SNAP benefits will end unless you meet one of the requirements below.
Example: Samuel is age 45 and unemployed. He is medically able to work but has not been able to find a job since he was laid off a year ago and his unemployment insurance ran out. Samuel applied for SNAP on January 1, 2016 and receives $194/month. He has no other income. After March 31st, Samuel must meet the work or training requirements above, or find a place to volunteer for 19 hours a week (194/$10 hour) to continue his SNAP benefits.
Under the federal SNAP rules, DTA has no obligation to find you a job, training program or community service site, nor help you with transportation costs.
Additional three months of SNAP
Under certain circumstances you can regain SNAP for an additional three consecutive month period if you lost your SNAP eligibility. This option is available if you had a job for at least 80 hours a month, or met the other work requirements for at least 30 days, but then that job or other activity ended. See 7 C.F.R. § 273.24(e). Note, DTA has not issued regulations or guidance on this provision yet. Contact an advocate if you think you meet this criteria.
Online Guide Sections: SNAP > Work Requirements > ABAWD Work Program Requirement>
Additional Guidance on ABAWDs:
You are EXEMPT from the SNAP three-month if you meet any of the following:
For a list of cities and towns that are currently exempt for 2016, go to: http://www.mass.gov/eohhs/gov/departments/dta/abawd-work-program.html
How to verify you are exempt from the ABAWD work requirement:
There are a few ways to show DTA you are exempt. The most common ones are listed below. If you need help call DTA and ask for help showing you are exempt from the requirement. See Appendix C for copies of all the forms listed below.
See MLRI’s webpage on ABAWD requirement: www.masslegalservices.org/ABAWD . You can find copies of all the forms and information you need. As updates become available about ABAWDs we will post them at this webpage.
If you live with an individual who is considered an “ABAWD,” you cannot be denied or disqualified for failure to meet the work program rules.
Online Guide Sections: SNAP > Work Requirements > ABAWD Work Program Requirement > ABAWD Work Program Exemptions
You must be financially eligible to get SNAP benefits. That means your countable gross income must be within the program limits for your family size. After certain allowable deductions, a portion of your countable net income is compared to the maximum SNAP allotment for your household. Your monthly benefits are determined based on subtracting a portion of your net countable income (30%) from the maximum monthly allotment. There is no asset test for most Massachusetts households. See Question 58.
The financial eligibility rules are confusing. The goal is to determine how much money your household has for food compared with how much the federal government feels you should be spending to eat. SNAP benefits are designed to make up the difference between your “net income” and what you need to buy food. It’s important to understand these rules if you need to advocate for yourself or help others get nutrition benefits.
The following questions walk you through the financial rules step-by-step.
Project Bread’s SNAP calculator walks you through a series of SNAP questions to determine whether you are likely to qualify for benefits, available at www.gettingfoodstamps.org.
There is no asset requirement for most SNAP households. In 2008, Massachusetts elected a federal option, known as “categorical eligibility”, to eliminate the asset test for most households. 106 C.M.R. §§ 363.110 and 365.180.
However, there are four situations when DTA may ask about your assets:
■ Expedited benefits: If you need SNAP benefits quickly, you qualify only if you have less than $150 in countable income and less than $100 in liquid assets, or your shelter costs exceed your income and liquid assets. “Liquid assets” means cash on hand or money in the bank. 106 C.M.R. § 363.100. So, if you have more than $100 in the bank or in cash, you can probably still get SNAP benefits, but not right away. See Question 20 for more information about expedited SNAP.
■ Elder/disabled households with gross income above 200% federal poverty level: If you are age 60 or older, or disabled and your gross income exceeds this level, DTA will ask about your assets before determining your eligibility. To qualify in this situation, your assets must be below $3,250. Assets include bank accounts, stocks, bonds, real estate other than your home, etc. It does not include tax-deferred retirement accounts, your home or land it sits upon, a car or other excluded items. See 106 C.M.R. § 363.130 for a full list of which assets are counted and 106 C.M.R. § 363.140 for a list of non-countable assets.
■ Income you earn from your assets, like interest payments: Even though there is no asset rule in the SNAP program, any income you receive from an asset does count as income. Just like for federal and state taxes, interest earned on savings and dividends you receive both count as income for SNAP benefits. 106 C.M.R. § 363.220(B)(5). If interest is paid quarterly or annually, DTA will average it out over the three, or twelve, months. 106 C.M.R. § 364.340. DTA may ask for bank statements, tax filings or other proof of the amount of interest or dividends you receive.
■ If you are disqualified due to a sanction: Your assets count if your SNAP household includes a member disqualified for one of the following reasons:
Online Guide Sections: SNAP > Eligibility Requirements > Assets > SNAP Asset Guidelines
Most SNAP applicants only need to pass a 200% federal poverty level (FPL) gross income test.
Gross income is your monthly income before any deductions for taxes, or any of the allowable deductions. 106 C.M.R 364.370, 106 C.M.R. §§ 365.180. DTA implemented a single 200% FPL gross income test in January 2016, eliminating the lower 130% gross income test used for childless non-disabled individuals ages 18-60.
Gross Income Test
*Gross income amounts effective February 1, 2016.
If a household member pays legally obligated child support to a child outside the home, the child support is not counted in the gross income test for the household. 106 C.M.R. § 363.230(O). See Question 71.
If an elder/disabled household has income above the 200% gross income test, to qualify for SNAP, the household must meet the asset test. See Question 58. The household must also have low enough net income, after all allowable deductions, to qualify for a benefit. All other households above 200% gross income are simply SNAP ineligible.
In limited situations, there are special rules for “sanctioned” households. This involves SNAP household where a member has been sanctioned due to fraud or some other program rule violation. In these situations, SNAP uses a lower 130% FPL gross income threshold for households and a 100% FPL net income test. In both cases the sanctioned member is not included in the household size. 106 C.M.R. § 363.110. See Question 68.
In addition, the sanctioned household is subject to the asset test. Appendix B has the charts for the 130% gross income and 100% net income tests.
Snapshot of the SNAP income and asset tests
Test (100% FPL)
Family with children, pregnant woman
Persons age 18-60, no kids, not disabled
Elder/disabled household – gross income > 200% FPL*
Household under sanction (work or IPV sanction)
Online Guide Sections: SNAP > Eligibility Requirements > Categorical Eligibility
DTA looks at total monthly income to decide if you are eligible for SNAP benefits and how much you will get—but not all income counts. DTA is supposed to calculate your income based on what you anticipate receiving in the future. Here are examples of income that does not count:
Online Guide Section: SNAP > Eligibility Requirements > Income > Non-countable Income
The SNAP rules treat income as either earned or unearned and most sources of earned income is counted for SNAP purposes.106 C.M.R. § 363.220 (A).
Earned income includes
■ Gross earnings from wages and salaries, including earnings diverted or garnished by an employer for a specific expense. 106 C.M.R. § 363.220(A). Money that is paid directly to your landlord for rent on top of your regular wages is excluded as a vendor payment. 106 C.M.R. § 363.220(C).
■ Gross earnings from self-employment after allowable business expenses but not personal income taxes or FICA. See Question 63.
■ Income from boarders (persons who get a room and meals from you) after subtracting the cost of doing business, provided the boarder is not part of the SNAP household. 106 C.M.R. § 365.200. See Question 31.
■ Income from rental property minus business expenses, provided a household member manages the property for at least 20 hours per week. 106 C.M.R. § 365.930(A). If managed for less than 20 hours per week, it is considered unearned income. See Question 65.
The earnings of a dependent child under age 18 who is in school at least part time is not countable income. 106 C.M.R. § 363.230 (H), Nor do the stipends paid to otherwise eligible AmeriCorps, VISTA, Youthbuild, SCSEP and others doing service work count. See Question 60.
Note: Gross income is your earnings before taxes, FICA or other mandatory payroll deductions. Gross income does not include the value of employee “credits” for employee benefits such as health insurance, credits that cannot be taken as cash by the employee. See Question 60. Special rules apply to individuals who pay child support. See Question 71.
Online Guide Sections: Home > SNAP > Eligibility Requirements > Income > Earned Income >
From March 2014 until March 2015, DTA was using a highly flawed automated process to match wage information from the MA Department of Revenue (DOR) with SNAP and cash case information. If DTA’s computer system found DOR wage information different or “discrepant” from the wage information in the client file, notices were automatically mailed to households. These notices – called a “DOR Employment Verification Notice” – asked the SNAP and cash households for current pay checks or a letter from the listed employer stating the last day of work. In many cases DTA already had the wage information on record, the earnings was non-countable (like work study, VISTA or earnings of a child), the income was for one-day of pay (election wardens) or the notices referred to wages from many years past. The DTA notices were error filled and extremely confusing. Many SNAP and cash cases erroneously closed or had significant delays because of these notices.
In March 2015, the state suspended automatic mailing of wage match notices and is reviewing the manner in which it will conduct future data matching. As this Advocacy Guide goes to print, DTA is evaluating the DOR wage match system. If you think DTA erroneously closed or delayed your SNAP benefits in 2014 or 2015, contact a Legal Services advocate. Updates will be provided through the SNAP Coalition.
Additional Guidance: Suspension of automatic generation of Employment Verification Notice. PPER Email 2015-12 (March 24, 2015).
Self-employment income is calculated by subtracting the cost of doing business from the gross income or “profit” from the business, but before subtracting FICA or income taxes. Self-employment income can come from a private enterprise as well as private contracting or sub-contracting work where you provide services for a government or private agency, such as a home-based day care. Identifying all your business expenses can make a big difference in lowering your countable income for SNAP purposes.
Examples of self-employment business expenses include
See 106 C.M.R. § 365.940. If these expenses are verified, DTA will allow them as part of the costs of doing business in calculating your countable gross income before the 20% earned income deduction.
Example: June sells cosmetics from her home. She buys the product from the manufacturer and then sells it to her customers. She can deduct the amount that she paid for the cosmetics and her costs of reaching customers (phone, mailing costs, website) from any income that she earns from selling the cosmetics.
Example: Sarah provides day care in her own home. Because she has young children inside most of the day, she pays more for oil and electricity to heat her home than she would otherwise use. Sarah also buys food for snacks and diapers, and pays a day care license. A portion of her heat/utility costs can be claimed as a business expense, as well as the cost of snacks, license and other supplies for her business.
You can also claim business expenses incurred setting up your business before you applied for SNAP benefits.106 C.M.R. § 365.030(B). However, you cannot claim net losses on your business or the money you set aside for income tax or retirement funds (these expenses are considered part of the 20% earnings disregard). 106 C.M.R. § 365.950.
Rental income is treated as unearned income unless you spend least 20 hours a week managing the property. 106 C.M.R. §§ 363.220(B)(5), and 365.930(A). See Question 65 on how to calculate net rental income.
Averaging self-employment income
Self-employment is usually averaged over a 12-month period unless the income is intended for a shorter period (e.g., summer income). Tell your SNAP worker you wish to have it cover a shorter period of time because of anticipated changes. 106 C.M.R. §§ 364.340(B), 365.960.
After DTA determines your pre-tax “gross” monthly self-employment income after business expenses, DTA deducts 20% of that gross as an earnings disregard—just like if you had regular wages or employment. 106 C.M.R.§ 364.400(B).
Example: Millie netted $10,000 last year from her taxi service after expenses. Millie does not expect this income to change this year. DTA will average this $10,000 over 12 months to get a monthly figure of $833 per month “gross” income. DTA then subtracts 20% earnings disregard from this gross figure, which reduces her earned income to $667 per month (and then other deductions apply).
Reporting changes for self-employment households
Self-employed households should be put on simplified reporting when approved for SNAP and need to report income changes that boost them above the gross income limit for the household size. See Question 89.
Online Guide Sections: SNAP > Eligibility Requirements > Income > Self-Employment > Self-Employment Introduction
Most sources of unearned income are counted in calculating your SNAP benefits. 106 C.M.R. § 363.220(B). Unearned income does not receive the 20% earned income disregard.
Unearned income includes
■ Cash assistance from TAFDC, EAEDC (Emergency Aid for Elders, Disabled and Children), Social Security and SSI (Supplemental Security Income). 106 C.M.R. § 363.220(B)(1).
■ Cash benefits based on past earnings or service, including Unemployment Insurance, Workers Compensation, state and federal Veteran’s benefits, and other pension benefits. 106 C.M.R. § 363.220(B)(2). Even though some income sources are based on your past earnings record, they are treated as unearned income because you are not working at the time you receive them.
■ Foster care payments received for a child or disabled adult who is included in the SNAP household. These payments are not countable if you opt out this individual from the household. 106 C.M.R. §§ 361.240(F). 363.220(B)(2). See Question 40.
■ Income from trusts, alimony and child support payments paid directly to you. Child support payments made to TAFDC recipients that must be assigned to the Department of Revenue (DOR) are not countable, even if erroneously received by the TAFDC household. 106 C.M.R. §§ 363.220(B)(3), (C)(6).
■ Interest payments, dividends, royalties paid from your assets, or other direct money payments. 106 C.M.R. § 363.220(B)(4). These monies still count as income, even though the assets themselves do not count.
■ State and private post-secondary educational loans, grants, scholarships that can be used for current living expenses (all federal educational monies, including federal work study, are non-countable). 106 C.M.R. § 363.230(D). See Question 41. State or private funded work-study is countable earned income if intended for living expenses versus educational expenses. 106 C.M.R. § 363.220(A)(3).
■ Cash assistance income deducted from the grant of a TAFDC, EAEDC or SSI household member who has been sanctioned or has an overpayment because of an intentional failure to comply with requirements of these programs. See Question 67.
Online Guide Sections: SNAP > Eligibility Requirements > Income >Other Income (Unearned) > Other Income Introduction (Unearned)
The net amount of income you receive after the costs of home ownership or lease of a building is countable unearned income. It is earned income only if you spend more than 20 hours a week managing and maintaining property. 106 C.M.R. § 365.930(A), 106 C.M.R. § 363.220(B)(5)
Home ownership costs include what you pay on a mortgage (principal and interest), home owner insurance, property taxes, water and sewer charges, repairs, trash collection, utilities shared by the entire home, etc. 106 C.M.R. 365.930(A)(1), 106 C.M.R. 365.940
If you own your home and rent out a room or apartment, you can deduct a pro rata, or proportional share of the mortgage and home ownership costs from the rental income. The rest will be counted as unearned income.
Example: Verdina rents out two units in her triple-decker house, and each tenant pays for their own utilities. Verdina lives in the third unit. She receives $500 a month for each unit. She pays $1,200 a month to the bank for mortgage, interest and insurance on the entire building. Verdina also pays an average of $90 a month for water/sewer and trash collection for a total of $1,290 in monthly expenses. She can deduct two-thirds (or $860) of the monthly expenses from her rental income (for the two units she rents) to determine the countable rental income for SNAP purposes. She has only $140 in countable rental income and not $1,000.
Income (rent paid) from Verdina’s two rental units =
2/3 of Verdina’s home ownership costs (2/3 of $1,290) =
Countable rental income for Verdina ($1000 less $860) =
Note: In this example, when Verdina applies for SNAP benefits, she has only $140 in rental income. She can claim her one-third of mortgage related costs for her shelter expenses (1/3 of $1,200, or $400) and not the full amount of the total homeownership costs. Her portion of the water/sewer and the trash collection are covered by the standard utility allowance (SUA, $621), which is added to her third of the mortgage/insurance costs ($400).
Online Guide Sections: SNAP > Eligibility Requirements > Income > Self-Employment > Self-Employment Introduction
Your SNAP monthly benefit is based on how much income you and the worker are “reasonably certain” you will receive for the period you are on benefits (your certification period). 106 C.M.R. § 364.310.
If you have earned income, DTA will ask you for proof of income from the four-week period prior to your application. If you cannot get this information from your employer, or you are missing a wage stub, tell the DTA Assistance Line. A DTA worker should offer to help you get the information by calling the employer with your permission (“collateral contact”) or by accessing on-line payroll information such as The Work Number. See Question 11.
Terminated source of income
If you are no longer working at your old job when you apply for SNAP benefits, the income from the terminated source (a lost job or cash benefits or child support payments that have stopped) should not be counted in calculating your ongoing SNAP benefits. DTA should calculate your financial eligibility prospectively, which means looking at what your anticipated income will be in the coming months. 106 C.M.R. § 364.310.
If you are applying for expedited (emergency) SNAP, income from a terminated source does count if you received a final paycheck within the cyclical month of your SNAP application. 106 C.M.R. § 365.840. See Question 20 on expedited SNAP. Once that first month passes it should no longer count as part of the SNAP calculation for your household. Make sure that DTA is not counting income you are no longer receiving.
If you get a letter from DTA about a Department of Revenue Wage Match, See Question 62.
Income from a new job, from Unemployment Insurance or other income source should also not be counted until you are certain when you will get paid and how much. 106 C.M.R. §§ 364.310, 364.320. This is especially important if you are eligible for “interim” or semi-annual reporting and it is not clear either when or how much income you will receive. See Question 89. If you do not anticipate receipt of the income in the first 30 days of your certification period, it should not count until the next interim reporting period (or unless your total household income exceeds the gross income test during the six-month period).
Calculating your monthly income
DTA calculates your monthly income by multiplying the average weekly income by 4.333 to get a monthly amount (or 2.167 for bi-weekly amounts). 106 C.M.R. § 364.340.
Example: Judy received gross pay of $152, $125, $145, and $150 for the past four weeks. The average of these weeks is $143 per week. DTA then multiplies this average amount of $143 by 4.333 to get a monthly gross income of $619.62.
Online Guide Sections: SNAP > Eligibility Requirements > Income > Earned Income > Earned Income Introduction
The SNAP rules sometimes count money you do not get as income in the following situations.
■ Money taken out of your TAFDC or EAEDC cash benefit because of an intentional failure on your part to comply with the rules of the cash assistance program is counted as if it were still paid in calculating your SNAP benefits. This includes:
■ money taken out for failure to comply with the TAFDC work rule, teen parent school attendance rule, Learnfare rule, child support requirements, etc., or
■ money taken out to repay DTA for an overpayment caused by fraud or willful withholding of information (such as failure to report a job when the earnings would have counted); or if you were found guilty of an intentional program violation by a court or by a DTA hearing officer or you waived your right to a hearing. 106 C.M.R. § 363.220(C)(4) and (5). If the money is being taken out to repay a non-fraud overpayment, it is not countable income. 106 C.M.R. § 363.220(C)(6).
Example: Randy lives in private housing and receives $418 in TAFDC for her child. Randy was getting $518 but DTA reduced the benefits due to a sanction for her failure to comply with child support rules without good cause. DTA will calculate the SNAP benefits as if Randy receives the TAFDC of $518 per month
■ Money taken out of your Supplemental Security Income (SSI) benefits or the Massachusetts means-tested Veterans Services program (Chapter 115 benefits) to recover an overpayment due to an intentional program violation (fraud) is counted as if it were still paid to you in calculating your SNAP benefits. 106 C.M.R. § 363.220(C)(4). This rule does not apply non means-tested benefits such as Social Security (RSDI).
Federal SNAP regulations are clear that DTA cannot count needs-based benefits you do not receive because of a sanction unless there is a finding that you intentionally failed to comply with program requirements resulting in the benefit reduction. 7 C.F.R. § 273.11(j)
■ USDA has also clarified that this policy of counting recouped income does not apply to federal Veterans Administration (VA) pension or compensation benefits, even if means-tested, because USDA has determined that VA benefits are not a “public or general assistance program.” The federal regulations further state that the SNAP state agency (e.g. DTA) is required to contact the agency that administers the needs-based benefits (e.g. SSA for SSI or the state Department of Veterans Services) to confirm a formal finding of fraud as the basis of the overpayment, and not the SNAP recipient.
■ Money owed to you (wages, support or alimony, public assistance) that you do not get because you asked your employer, spouse or government agency to use the money to pay your bills instead counts as income to you. For example, if you ask your boss to pay your rent instead of giving you a paycheck, the money would still count. But if your boss pays you a regular paycheck and also pays your rent, the rent payment does not count as income. 106 C.M.R. § 363.220(C)(3).
■ Part of your TAFDC or EAEDC grant that is sent to your landlord or utility company (sometimes called vendor or protective payments) is countable income for SNAP. 106 C.M.R. § 363.220 (C)(2), (C)(3).
Online Guide Sections: Home > SNAP > Case Maintenance > SNAP Attributed Amount
In general, none of the income of non-household members counts, even if they live with you. 106 C.M.R. § 363.230(L). So, if you live with friends and you purchase and prepare your meals separately, these friends are not household members and their income does not count.
However, the SNAP program fully counts all of the income of a person who is otherwise required to be part of the SNAP household (e.g., a spouse, parent, child under 22, or someone who purchases and prepares meals with you) but is disqualified because of one of the following:
■ An intentional program violation or fraud, see Question 103.
■ A disqualifying criminal record (fleeing felon), see Question 42.
■ A voluntary quit from employment or striker, see Question 53.
■ Undocumented or undetermined immigration status, see Question 50.
■ A household member who fails or refuses to give his or her SSN for reasons other than non-citizen status.
The rules require DTA to count the disqualified person’s income in figuring whether your household meets the lower (130% federal poverty level) gross income eligibility test and the amount of household benefits. Even if the household includes children, an elder or disabled member, the SNAP rules require DTA to use the lower 130% gross income test.
Further, the rules require DTA to exclude the disqualified person in the household size. 106 C.M.R. § 365.520(A)(4). The earned income, child support, dependent or medical costs do apply.
Example: Mark his wife and two children reapplied for SNAP recently, but Mark was disqualified for benefits for 12 months after a hearings officer ruled that he had committed an intentional program violation. Mark is now working 20 hours a week. He understands that he is not eligible for SNAP benefits until the 12 month disqualification period ends. However, all of Mark’s income along with the income of his family must fall under the lower 130% FPL gross income limit for three people (his wife and two children). The SNAP benefit amount is calculated for a household of three (not four). Mark is excluded in the SNAP household size.
The following deductions are allowed for all households depending on living situation and expenses:
■ 20 percent of gross earned income. 106 C.M.R. § 364.400(B).
■ A standard deduction based on household size: 106 C.M.R. § 364.400(A).
Household of 1-3 persons
Household of 4 persons
Household of 5 persons
Household of 6 or more persons
■ Child support paid to children outside the home (including payments for health insurance, child support arrearages, payments made to third parties for rent or mortgage) if you are legally obligated to pay the support, 106 C.M.R. § 364.400(E). See Question 71.
■ A shelter deduction capped at $504/month for households that do not include an elderly or disabled member. For households with an elderly or disabled member, the shelter deduction is un-capped. 106 C.M.R.§ 364.400(G). See Question 74.
The result is your monthly net income. Your benefits are based on this amount. An additional medical expense deduction is available to elder and disabled households. See Question 70.
Any member of your household who is elder (age 60+) or disabled is allowed to claim un-reimbursed medical and health-related expenses as an income deduction. This applies to disabled children as well as adults. The more expenses you can claim, the lower the household’s countable income will be. The lower your countable income, the higher the SNAP benefits your household will receive. To be considered “disabled,” the adult or child must receive a disability-based benefit. See Question 34.
There are two ways un-reimbursed medical expenses can be claimed. 106 C.M.R. § 364.400(C).
■ Standard medical deduction of $155: If your out-of-pocket medical expenses are at least $35 a month, you will receive a standard medical deduction of $155 from your monthly income. You will need to give DTA proof of at least $35/month costs.
■ Actual medical expenses: If you incur more than $190 per month in medical expenses (that’s the $35 threshold plus the $155 standard deduction), you can claim the actual expenses (minus the $35 threshold). You will need to give DTA proof of your actual medical/health expenses above $190 to claim a higher deduction.
For example: Esther is 78 years old. She has MassHealth coverage, but the combination of small pharmacy co-pays plus her over-the-counter pain relief and skin treatments add up to $36 per month. Her SNAP benefits will be calculated using a $155 medical expense deduction. If Esther verified more than $190/month in out-of-pocket expenses, she should claim actual, verifiable expenses that exceed the standard.
If you have a large, one-time medical expense during your certification period, you have the option of claiming the expense as a one-time deduction or having it averaged over the remaining months in your certification period. 106 C.M.R.§ 364.440(C). The most advantageous option depends on the circumstances.
For example: Suppose Esther also reports a one-time unpaid hospital bill of $960 and she just applied for SNAP benefits. Because she is elderly, she will be certified for 24 months. The amount of the bill averaged over 24 months would be $40. Esther also reports she now has only $15/month in other health care expenses each month because MassHealth now covers some of her over-the-counter medications. The $15/month alone would not get her a standard deduction, but if DTA averages out and includes the value of the unpaid hospital bill), her medical expenses exceed $35 and she gets the standard medical expense deduction.
Scope of allowable health care expenses
■ co-pays or premiums for Medicare, Medicare Part D, Medex or other health insurance, and your deductible for Medicare Part D;
■ any medical services from doctors, clinics, hospitals, laboratories or other facilities not reimbursed by a third party;
■ any custodial or attendant care services you need (even if the caregiver is a relative), as well as housekeeping services you pay for;
■ dental care, dentures, dental adhesives;
■ health treatments by a licensed practitioner, including chiropractic, acupuncture, physical or other therapy;
■ prescription drugs, including postage costs and any transportation costs to pick them up;
■ over-the-counter vitamins or drugs prescribed by any licensed health care provider (for example, aspirin, laxatives, insulin, herbal and homeopathic remedies);
■ eyeglasses, contact lenses, hearing aids, batteries, communication equipment for the hearing or visually impaired;
■ health-related supplies prescribed by a health care provider including incontinent supplies, creams and ointments, commodes and walkers;
■ private transportation costs at the current federal mileage rate (as of January 2016 it is $.54 cents/mile) as well as out-of-pocket parking and tolls, or the monthly cost of taxis, vans, or public transportation needed to get to medical appointments;
■ veterinary bills, dog food, and other needs for trained service animals; and
■ any other un-reimbursed medical expenses prescribed or recommended by your health care providers. 106 C.M.R. § 364.400(C).
Proof of medical/health care expenses
These are just examples! Appendix C contains an FAQ and Medical Expense screening form.
Online Guide Sections: SNAP > Expenses and Deductions > Health Insurance/ Medical Expenses > Medical Expenses > Medical Expense Deduction
You can claim direct money payments you make to the custodial parent, court, or Department of Revenue (DOR) as well as child support paid directly from your Unemployment Insurance, Workers Comp, or other income source. You can also claim legally required payments for health insurance, past child support (arrearages), and any third party payments, such as to a landlord, utility company, or tuition payments to a school for the needs of the child. 106 C.M.R. § 364.400(E).
Legally obligated child support you pay through earned or unearned income does not count for the gross earnings test. 106 C.M.R. §§ 363.230(O). If you pass the gross earnings test, and you pay child support from earned income, the amount you pay for child support is added back into your gross income in order to increase the allowed 20% income disregard.
For Example: John Doe earns $1,400/month gross and pays $300/month child support. He has applied for SNAP benefits as a single person. In measuring his income against the 130% gross income test, DTA should ignore the $300 child support— so that John has a "gross income" of $1,100 (which is below the 130% gross income test for an individual). DTA should then take the 20% earnings deduction off of $1,400 gross (or a $280) versus 20% off his gross income after the child support, which would have been $220. DTA should then deduct the full amount of the child support ($300) to calculate the remaining net income before the shelter deduction.
You can verify the amount you pay with documents such as cancelled checks, pay stubs, UI withholding statements, or a statement from the custodial parent proving that you make payments. If you pay child support directly to the Department of Revenue, DTA should verify with DOR. If a portion of your unemployment compensation is withheld, you will need a statement explaining why from the Department of Unemployment Assistance.
To verify your legal obligation to pay the child support, you need to show a court or administrative order or other legal document showing you have this obligation. 106 C.M.R. §§ 361.610(J), 364.400(E).
The amount of child support you pay will be averaged over a three month period to determine the average monthly deduction, unless you have been paying support less than three months. 106 C.M.R. § 364.410(D).
Child support that you are legally required to pay to children who do not live in your home is non-countable under the gross income test, and is a deduction in determining net income. 106 C.M.R. § 363.230(O). Payments you make for child support are non-countable only if you have a court order, administrative order, or legally enforceable separation agreement that says you must pay this amount. 106 C.M.R. §§ 361.610(J), 364.400(E). Unfortunately, you cannot claim payments you voluntarily make without a court order or legal agreement. And you cannot claim any alimony payments even if court ordered or in divorce agreement.
Scope of allowable child support payments for deduction
You can claim direct money payments you make to the custodial parent, court, or Department of Revenue (DOR) as well as child support paid directly from your Unemployment Insurance, Workers Comp, or other income source. You can also claim legally required payments for health insurance, past child support (arrearages), and any third party payments, such as to a landlord, utility company, or tuition payments to a school for the needs of the child. 106 C.M.R. § 364.400(E).
Legally obligated child support you pay through earned or unearned income does not count for the gross earnings test. 106 C.M.R. § 363.230(O). If you pass the gross earnings test, and you pay child support from earned income, the amount you pay for child support is added back into your gross income in order to increase the allowed 20% income disregard.
For example: John earns $2,080/month gross ($12.hr x 40 hours x 4.333). He pays $500/month court-ordered child support. John applied for SNAP benefits as a single person. In measuring his income against the 200% gross income test, DTA should ignore the $500 child support to determine his gross income at $1,580 – well below the 200% gross income test of $1,980 for 1 person.
In calculating John’s SNAP, DTA should calculate the 20% earnings deduction off the higher $2,080 gross income amount to give John a $416/month earned income deduction. If DTA calculated the 20% earnings deduction after child support paid, John would get only $316 earnings deduction. In calculating John’s preliminary net income, DTA should subtract both the $500 child support and $416 (20% earned income deduction).
Proof of child support payments
You can verify the amount you pay with documents such as cancelled checks, pay stubs, UI withholding statements, or a statement from the custodial parent proving you make payments. If you pay child support directly to the Department of Revenue, DTA should verify with DOR. If a portion of your unemployment compensation is withheld, you will need a statement explaining why from the Department of Unemployment Assistance.
To verify your legal obligation to pay the child support, you need to show a court or administrative order or other legal document showing you have this obligation. 106 C.M.R. §§ 361.610(J), 364.400(E).
The amount of child support you pay will be averaged over a three month period to determine the average monthly deduction, unless you have been paying support less than three months. 106 C.M.R. § 364.410(D)
Online Guide Sections: SNAP > Expenses and Deductions > Child Support Expenses >
Families can claim the cost of care for either minor children or a disabled adult member while the household member is working, attending education or training programs, or looking for work. 106 C.M.R. § 364.400(D). Dependent care includes the cost for supervision of teenage children (under age 18), as well as care of a child or disabled adult not part of your SNAP household (for example, a foster child or non-citizen child).
Scope of allowable dependent care expenses
■ private day care arrangements with caregivers not part of your SNAP household (e.g. older children);
■ co-payments or fees for subsidized child care;
■ payments for “attendant care,” PCAs and/or co-payments for adult day care provided for elder or disabled adults;
■ fees for after-school, before-school and vacation care including adult supervised before and after-school activities for teenagers, YMCA and YWCA camps, Boys and Girls Clubs, summer camp fees; and
■ transportation to and from the program sites at the federal mileage rate ($.54 cents per mile as of January 2016) or the cost of public transportation. Use MapQuest to help determine your mileage.
Proof of dependent care expenses
You can self-declare your dependent care expenses by writing the expenses on your signed SNAP application or recertification form or send DTA a separate signed statement. See sample self-declaration form in Appendix C. You do not need to a statement from the child care provider.
DTA can ask for more verification if the information you provide determined “questionable.” This is when DTA thinks you gave information is inconsistent with other statements on your application or information known to DTA. 106 C.M.R. § 361.620.
Example: Julie is a single parent reports who now pays $400/week for child care but she earns only $600/week gross income. She previously reported paying $75/week in subsidized care. DTA may request more information from Julie, or actual verification, to confirm the amount of child care since the information she provided is contradictory to what was on file before.
Dependent care for disabled/elder adults
If you need to pay for care for a disabled adult, such as an elderly parent od disabled adult child, so you can work or attend training, you can claim this as a dependent care cost. 106 C.M.R. § 364.400(D).
If a disabled member of your household pays for adult care for any reason unrelated to your needing to work, DTA will treat these costs as medical expenses of the disabled individual, not dependent care expenses. 106 C.M.R. § 364.400(C)(12). See Question 70. Either way, adult dependent care of a person with disabilities is a deductible expense.
Online Guide Sections: SNAP > Expenses and Deductions > Dependent Care Expenses >
The standard utility allowance (SUA) is a fixed dollar amount for a household’s heating and utility expenses used in the calculation of shelter expenses for SNAP benefits. 106 C.M.R. §§ 364.400(G)(2), 364.945. The dollar value of the SUA applies statewide and is not tied to what you actually pay in monthly oil, gas, electricity or other utilities. It is an annualized amount to help simplify the calculations.
There are three different SUA amounts and the amounts are periodically adjusted by DTA with USDA approval:
■ Heating (or air conditioning) SUA – currently $621 for households that incur heating or air conditioning costs separately from their rent. This includes public or subsidized housing tenants if your housing authority charges you for heat, or charges you for summer time use of an air conditioner (either excess electricity or a usage or maintenance fee). You also get this SUA if you receive or have received Fuel Assistance (also called Low Income Home Energy Assistance Act or LIHEAP payments) in the last 12 months even if your heat is included with your rent. Often LIHEAP will provide a partial rent subsidy if rent exceeds 30% of net income.
■ Non-heating SUA – currently $381 for households that incur utility expenses but not heating or air conditioning costs. Utility expenses can include electricity (non-heating), cooking gas, garbage collection, and water and sewer fees passed onto tenants.
■ Telephone-only SUA – currently $44 for households that incur only telephone costs (cell phone or landline, but not phone cards) and do not pay any of the other utilities listed above.
It is important that you tell DTA if you incur heating costs, AC costs during the summer (even if your heat is included) or you get regular Fuel Assistance benefits for either utilities or toward part of high rental costs. DTA has many questions on the paper application and recertification paperwork about utility expenses. Make sure to fill out this information accurately.
You also get the full SUA even if you live with another household and pay only part of the utilities. 106 C.M.R. § 364.410(B)(2).
The “Heat and Eat” Fuel Assistance Program
DTA and the Department of Housing and Community Development (DHCD) have coordinated a special Heat and Eat or H-EAT Fuel Assistance program. This has helped thousands of SNAP households – mostly elder and disabled households – qualify for higher monthly SNAP benefits and get information on regular Fuel Assistance benefits. This H-EAT program was created because seniors and persons with disabilities often underreport their AC/cooling costs, or do not realize they can claim utility costs when sharing utility costs with other households. This can cause under reporting of utility expenses that make a difference in the SNAP math.
Under the H-EAT Program, DTA first identifies SNAP households not getting the full “heating/cooling standard utility allowance” (SUA). Then, on the 1st of each month, DTA shares a data file with DHCD of “active” SNAP households. DTA asks DHCD to confirm if the SNAP household got regular Fuel Assistance/LIHEAP in the past 12 months. If not, then around the 3rd week of the month, DTA provides eligible SNAP households with a $21 H-EAT Fuel Assistance payment. This payment is put on the EBT card, but just once every 12 months. The SNAP benefit should then increase the next month and continue at the higher amount without interruption. DTA should automatically issue another $21 H-EAT payment when necessary.
The SNAP households excluded from the H-EAT payment are:
If your SNAP benefits do not include a Heating/Cooling SUA and you are not on Bay State CAP or homeless, check with an advocate.
Online Guide Sections: Home > SNAP > Expenses and Deductions > Household Expenses > Standard Utility Expenses
The SNAP rules allow you to deduct shelter expenses that exceed half of your net income, but not a dollar for dollar deduction of shelter costs. This is called the “shelter deduction.” 106 C.M.R. § 364.400(G).
Example: Lauren’s shelter expenses are $700 per month, but her net income after other deductions is $1,500 per month. Lauren will not get any shelter deduction. That’s because half of her net income ($750) is more than your shelter expenses of $700.
The SNAP shelter deduction is complicated but important. After Section 8 and public housing, it is the biggest source of federal assistance to low-income households based on their housing needs.
Remember, shelter costs may be self-declared by the household unless questionable. See Question 11.
Two types of shelter deduction:
Allowable shelter expenses 106 C.M.R. § 364.400(G)(1)
■ monthly rent paid (or owed) if you are a tenant, or the amount you are responsible for if you sublet or share an apartment;
■ mortgage, including payments on the principal, interest, legal fees, home improvement loans (even if you are behind in your payments);
■ property taxes and homeowner insurance (even if zero mortgage);
■ trailer payments and parking fees;
■ the cost of repairs to your property (a new boiler, new roof, replacement of windows, etc.) needed as a result of a fire, flood, severe storms or other natural disaster and not reimbursed by insurance;
■ shelter expenses for a home not occupied by you if you are planning to return to it and are not otherwise renting it; plus
■ the appropriate standard utility allowance (SUA) for your household. See Question 73. Actual utility costs and heating costs are not allowed as they are covered under the SUA.
How DTA calculates the shelter deduction – four steps
■ Step 1: Calculate your preliminary net income – gross monthly income after subtracting the earned income deduction, standard deduction, any dependent care , child support payments, and allowable medical costs .
■ Step 2: Calculate the shelter deduction by adding your non-utility shelter costs (rent, mortgage) to your standard utility allowance (SUA).
■ Step 3: Divide your preliminary net income in half.
■ Step 4: Subtract the result in Step 3 from the result in Step 2. The result is your excess shelter cost. If the answer is zero or less, you do not get a shelter deduction. If the answer is more than $504, you can deduct only $504 unless the household includes an elderly or disabled person.
Example: Carl works party time and earns $1,500 per month. He lives with his wife Cindy and their child. He pays $100 per month in child support for a child who does not live with him. The family pays $500 per month in rent, and pays for heat and utilities.
$1,500 Gross earned income of Carl (including child support)
- 300 20% earnings deduction from gross
- 155 Standard deduction for household of 3
- 100 Child support deduction
$ 945 Preliminary net income
Shelter deduction calculation
$ 500 Rent
+ 621 SUA
$1,121 Shelter expenses
- 473 One-half prelim net income
$ 648 Shelter expenses
- 504 Maximum shelter deduction (capped)$ 441 NET INCOME for Carl’s family (preliminary net income minus max shelter deduction)
Online Guide Sections: SNAP > Expenses and Deductions > Household Expenses > Shelter Expenses >
SNAP households who live in homeless shelters, temporarily in the home of another, or on the street are entitled to a standard homeless deduction of $143 per month in recognition of expenses for laundry, phone calls, locker fees, and other items. 106 C.M.R. § 364.400(F). This deduction is taken from net income, just like the standard deduction, and is not considered a shelter expense. The $143 amount is allowed even if your actual shelter or utility expenses are very small.
It is important that your DTA worker code your case as “homeless” so you get this deduction. DTA considers you homeless if you lack a fixed or regular nighttime residence including if you are staying in a shelter or accommodations are temporary for less than 90 days. See 106 C.M.R. § 360.030 for the definition of homeless.
Example: Paul is a homeless individual who receives $400 per month in Veterans’ benefits. Sometimes he stays at a shelter for adult individuals, and sometimes he is on the street. Paul gets the $155 standard deduction and the $143 homeless deduction. His net monthly income for SNAP is $102 per month.
Online Guide Sections: SNAP > Expenses and Deductions > Household Expenses > Homeless Households
You cannot be denied SNAP benefits for lack of proof of deductions, but your benefits may be higher if you provide proofs. 106 C.M.R. §§ 364.450(B). Question 11 has detailed information on verifications, self-declarations, worker assistance and more. As a reminder, you can:
■ Self-declare the cost of child care or adult dependent care, including transportation, unless questionable.
■ Self-declare your shelter and utility costs, unless questionable.
■ Veriify at least $35.00 per month to get a standard $155 medical deduction Verify that you have over $190/month in medical expenses to claim more. See Question 70 for examples of proofs accepted.
Getting and using SNAP Benefits.
If you have zero countable income after all deductions, you will get the maximum SNAP benefit listed below based on the size of your household. Amounts current as of January 2016.
Max SNAP Benefit
If you have countable net income, you calculate your benefit by multiplying your net monthly income by 0.3 (30 percent). Round up this amount to the nearest dollar. Take this amount and subtract it from the maximum benefit level for a household of your size. The result is the amount of your monthly benefits.
Example: Carl and his family have $500 in net income after allowable deductions. To determine the family’s SNAP benefits, take 30% of the “net income” (30% of $500) and subtract it from the maximum benefit, as follows:
|$ 500||Net Income for Carl’s family|
|x .30||(Multiply by 30%)|
|$ 150||Countable Income|
|$ 511||Maximum SNAP for 3 persons|
|-$150||Countable income (round up)|
|$ 361||Monthly SNAP benefits for the Carl’s family|
Your first month of SNAP benefits
For the first month you apply, you will get benefits only for the days left in the SNAP month from the date you apply. This is called prorating of benefits. 106 C.M.R. § 364.650. For example, if you apply halfway through your SNAP month, you will get only 50 percent of the monthly benefit. See Question 78 for an explanation of “SNAP month.”
If you do not get all the mandatory documents in within 30 days from applying and it was your fault, DTA might pro-rate your SNAP as of the day when they got everything they needed. This means you are getting less than you might otherwise receive. You can challenge this. See Question 19.
Households with zero benefits
Strange as it may seem, a household of three or more persons can get “approved” for zero SNAP benefits even though the household’s gross income is below the 200% gross income test. This happens when thirty percent of your net income is greater than the maximum benefit amounts. 106 C.M.R. §§ 364.600(A), 365.180(G)(3). DTA will put your case in “suspended” status.
The reason you are “approved” for zero benefit is so you can quickly get benefits without reapplying if you have a decrease in your income, increase in expenses, or change in household size that makes you eligible for benefits. DTA will send you a notice stating that your SNAP case is “open” in the system, but you will not receive any benefits. If you report any changes during the certification period that make you eligible, you do not need to go through a whole reapplication with verifications and an interview. You only have to verify the change (drop in income, increased expenses, a new baby or other household member).
Online Guide Sections: Notices/Forms > Cross Program > SNAP Calculation Page Example
Your SNAP benefits are put in your EBT account on the same day each month based on the last digit of your Social Security Number.
Last Digit of SSN
Benefit Deposit Date
Your “SNAP month” runs from the day your benefits are deposited to the day before the deposit would be due in the next month. For example, if your SSN ends in 5, your benefits are deposited on the 8th of the month, and your SNAP month for March is from March 8 through April 7.
If you have just applied, the first amount of benefits will be retroactive to your date of application.
DTA has to decide on your application and make sure you get your SNAP benefits within 30 days of the day you apply or a notice of denial.
If approved, you should receive a DTA approval notice and benefits by Day 30. 106 C.M.R. § 361.700(A). Unless you pick up your card in person, you should receive two envelopes in the mail that include your EBT card and a PIN (these come in separate envelopes). Your SNAP benefits should be loaded onto the EBT card so you can go food shopping by Day 30.
If you are a household of one or two and your gross income is below the 200% FPL, you are eligible for a minimum of $16 a month in SNAP benefits regardless of net income. 106 C.M.R. § 364.600(A). Federal and state SNAP law allows all 1 and 2 person households under the gross income test to get a minimum benefit. This rule does not apply to households of 3 persons or more.
Sometimes the “minimum benefit” is a sign that the household is not claiming all the expenses they are entitle to claim, such as medical expenses or dependent care.
Example: Tom and Emily Smith are an elderly couple who each receive Social Security, totaling $2,000 (under 200% FPL for two persons). They pay a mortgage of $1,000 per month and have not claimed or verified any medical expenses for DTA. The couple receives $16/month in SNAP as a “minimum” benefit.
If the Smiths could verify medical expenses of $36/month, their SNAP would increase to $83 If they verified over $190/month, their SNAP would increase even higher.
How to get your EBT card and PIN
Unless you apply in person, DTA usually has an EBT card mailed to you after DTA verifies your identity (sometimes after you have a phone interview). There will not be any benefits on your EBT card until your case is approved.
The card and PIN are mailed by the EBT vendor, currently Xerox, and sent to you in two separate envelopes. DTA will automatically assign you a PIN. You can change your PIN any time by calling the Massachusetts EBT Customer Service number: 1-800-997-2555. Choose a PIN that is easy for you to remember but hard for other people to guess. Keep your PIN a secret and never write your PIN on your card.
You have the option to pick up the EBT card at your local DTA office, but DTA cannot require you to come in person. Going to the local DTA office can sometimes be the fastest way to get the EBT card, especially if you may qualify for expedited benefits and need the benefits sooner. If you are required to have an EBT photo card, see Question 29.
How to use your EBT card
■ Look for the Quest mark on the door or window of the store, or a sign that says the store accepts EBT.
■ Before you shop, check your last receipt to find out how much SNAP benefits are in your account, or call 800-997-2555 for your balance.
■ At check-out, swipe your card and enter your secret PIN on the number pad and then press enter. The cashier should NOT ask to inspect your card or look at your name or any photo on the card. The PIN is your electronic signature See Question 29.
■ Tell the clerk how much SNAP you want to use to pay for your food or enter the amount yourself. If there is not enough EBT on your card, the clerk should tell you how much cash you need to pay.
■ Always check your receipt to be sure that the amount on the EBT receipt is the same as the grocery receipt.
■ If the check-out system is not working or the store does not have a card reader, the clerk should complete a manual voucher. Make sure the amount on the voucher is correct before you sign it, and keep a copy.
■ Your EBT card does not expire, even if your SNAP case closes because you are ineligible. You can still use the SNAP benefits that remain on the card, and if your SNAP case is reopened, DTA will put your benefits on the same card unless the card is defective.
Call customer service at 1-800-997-2555
■ If you have questions or problems using your card or secret PIN.
■ If your card is lost or stolen or does not work. Report this right away. DTA will replace the card.
■ To find out your SNAP account balance.
■ To find out where you can use your card.
There is no limit on the number of times per month you can use your EBT card to buy food as long as you have benefits on the card. There is no charge or fee when you use your EBT card to buy food. If you lose your card, see Question 84.
YES! You have a right to use your SNAP in all 50 states. SNAP is a federal program that is “interoperable” between states. 7 C.F.R. § 274.8(b)(10).
Many SNAP recipients live near and shop in border states such as New Hampshire, Connecticut, Rhode Island. New York. Often some of the large grocery stores are closer and/or cheaper.
And SNAP recipients visiting family and friends can also use their SNAP benefits while out of state. DTA should not assume you have abandoned your MA residency and threaten to close or close your SNAP case solely because you are shopping out of state. For example, you can shop across the border in another state because the food is less expensive.
If you live in MA and DTA sends you a letter saying you have to reprove your MA residency because you are using your SNAP out of state, this policy may be illegal. Contact Legal Services.
You do not need to continuously use your SNAP benefits to qualify. Also, your SNAP benefits do not expire at the end of each month. They roll-over to the next month if you do not use them all. And if your SNAP case is closed for some reason, you still have the right to use any remaining benefits in your EBT account before the case closed.
However, DTA will remove all benefits from your EBT account if they have not been accessed for a total of 365 days. 106 C.M.R. § 364.900(E).
DTA has protocol to identify cases where the EBT benefits have not been active for 90 days and contact you. DTA must send you a letter before they take action. If the EBT account is idle for 365 days, DTA will “purge” your account and prevent you from getting those benefits.
DTA may also contact you if your SNAP balance seems too high. Sometimes SNAP balances are high if DTA made an error and issued you a retroactive payment or you won an appeal. Sometimes frail seniors or persons with disabilities also have high balances which may be an indication they may have lost their EBT card or need assistance with shopping and preparing food. A high EBT balance is not a sign of fraud!
You can buy any edible food except hot foods prepared for eating immediately. You cannot use SNAP in restaurants. You can also buy seeds and plants to grow food. You cannot buy non-food items such as alcohol, pet food, vitamins, or grooming products. 106 C.M.R. § 360.100. You do not need to have a stove or other cooking facilities to get SNAP benefits.
You may be able to use your SNAP benefits to make a voluntary payment for prepared meals at certain locations like domestic violence shelters and homeless shelters, congregate meal sites for elders or home-delivered meals for seniors. These donations are voluntary and may depends on whether the agency serving the meals is an approved EBT vendor. 106 C.M.R. § 360.120.
SNAP is a federal program that operates in every state. You are allowed to use your EBT card to purchase food out-of-state at grocers and farmers markets that participate in the SNAP EBT program. And out of state SNAP participants can shop in Massachusetts. However, if you move out of Massachusetts, you must advise DTA that you have moved. Your SNAP case will be closed, but you can reapply in the new state and qualify if you are eligible. See Question 81 for more details about DTA policy and using your EBT card when you are out of state.
To report a lost or stolen EBT card, call EBT Customer Service at 1-800-997-2555. DTA will replace your card, but DTA will not replace any SNAP benefits that are stolen from your account. 106 C.M.R. § 364.900 (D). Once you report a lost or stolen card you can get a new PIN (Personal Identification Number) so benefits cannot be stolen from your account.
You can wait for a card in the mail, or you can go directly to your local DTA office to pick up a new card. Any DTA office can issue you a replacement EBT card. Your old card will become deactivated and the value of your SNAP benefits will be transferred to the new EBT card.
$5 EBT replacement fee with exceptions:
If you receive cash or SNAP benefits and you lose your EBT card, DTA may also charge $5.00 for replacement of a replacement EBT card. You do not pay this in cash but DTA will deduct the $5.00 from your cash or SNAP benefits in your EBT account. This policy started in April of 2013.
DTA should not charge the $5 fee if you need a replacement EBT card if:
Multiple EBT replacement policy:
Under DTA procedures, SNAP and cash (TAFDC or EAEDC) recipients that have received more than four replacement EBT cards within twelve months are now required to speak with a DTA worker to talk about the reasons for multiple requests and how the EBT card works.
No request for a replacement EBT card can be denied if the person is otherwise eligible. Some EBT recipients may be confused about the card and how it works due to a disability, or an abusive partner or third party is taking the EBT card. If you are in this situation, contact a legal advocate.
Online Guide Sections: Cross Programs > EBT > EBT Card Fees, Replacements and Notices
Disaster SNAP Benefits:
When the President of the United States or the Food and Nutrition Service declares a major disaster, families and individuals who live in the disaster area may be eligible for SNAP benefits as long as they meet special (higher) income limits. See Appendix B, Chart 5 . 106 C.M.R. §§ 366.600-366.620. These emergency SNAP benefits are called Disaster SNAP, or D-SNAP and are provided to families who are not SNAP recipients at the time.
To receive D-SNAP, the only proof required is proof of your identity (who you are). Other proofs may be requested, but are not mandatory. You do not need to be eligible for or receiving SNAP already to qualify.
If you are already getting benefits and you lose food due to a federally declared disaster, you may also be eligible to receive additional SNAP benefits. Normally the federal government will provide second SNAP payment of benefits because of the disaster. 106 C.M.R. § 366.620.
Replacement SNAP Benefits:
You can also get SNAP to replace food lost due to a fire, flood or power outage in your home or neighborhood. DTA will replace food you bought with your SNAP benefits if it is destroyed or unsafe to eat. You can get replacement benefits up to the amount of one month’s SNAP benefits. 106 C.M.R. § 364.900(C). This can includes local emergencies where you lose electrical power (generally for four hours or more) and the food in your refrigerator or freezer has spoiled.
You must report the misfortune to DTA within 10 days of when you lost the food. In the next 10 days, you need to sign a sworn statement about the destruction of the food purchased. See DTA “Statement of Loss/Request for Replacement due to Food/Household Misfortune” in Appendix C. See also MLRI FAQ on SNAP and household misfortune.
DTA will make a collateral contact to verify the power loss, appliance malfunction or misfortune that caused the loss of food, such as contacting the Red Cross, fire department, power company, landlord or doing a home visit. If you have documentation of the power outage or other problem that triggered the food loss, send it to DTA with your statement. You do not need to bring your spoiled food to DTA as evidence of your loss.
Online Guide Sections: SNAP > Household Misfortune > Household Misfortune Procedures
If DTA gives you less SNAP benefits than you are supposed to get, the mistake is called an underpayment or “under-issuance.” For example, you might get underpaid because DTA fails to act on information you gave them, such as:
■ you report a drop in your income, the addition of a new member to your household, or higher shelter costs that reduce your countable income, or
■ you are entitled to higher deductions because you report a disability or turn age 60, or
■ the Social Security Administration took your application and made an error in the information it gave DTA.
DTA must correct any under-issuance that happened during the 12 months before DTA first discovered or was told about the mistake. 106 C.M.R. § 366.520. You can get back SNAP benefits even if you are not on benefits anymore. 106 C.M.R. §§ 366.500, 366.570. For example, if you or an advocate discover a mistake after your benefits have ended, you can still ask DTA for the underpaid benefits.
Example: Martha Jones reported her change of address in July including paying higher rent. DTA never acted on the information. Martha’s case closed in December but she would have received $75 more per month in SNAP benefits from August through December. DTA owes her $375 in retroactive SNAP
If you are owed back SNAP benefits, take the following steps:
Below is sample text telling you DTA has issued a correction of an underpayment or “related benefit.” You can appeal this notice if you do not agree with the amount. If you have problems with this process contact Legal Services.
What happens if a grocery store or other EBT retailer charges me too much?
Sometimes the store will make a mistake by taking money out of your EBT account even though you did not get your groceries. If this happens, the store must file a “merchant mis-dispense claim” with DTA. It may take several days or weeks for you to get your SNAP benefits credited back to your account. You may be able to get your benefits back sooner if you can get the store to contact DTA directly to verify the mistake. Call the EBT Customer Service line for immediate help: 800-997-2555.
Online Guide Sections: SNAP > Case Maintenance > Related Benefit
Additional Guidance: Overpayments can be offset by established underpayments (e.g. where DTA owes SNAP benefits to a SNAP household which has been overpaid). F.O. Memo 2011-54 (Nov. 17, 2011)
When you are approved for SNAP, you are “certified” for a set amount of time. This is called your certification period. You need to reapply or “recertify” before the end of your certification period to continue to receive SNAP. Your SNAP will not continue without completing a recertification. 106 C.M.R. § 364.700
The approval notice you receive from DTA will tell you how long your SNAP benefits are certified. This could be:
What happens at the end of my certification period?
When your certification period ends, your SNAP will stop unless you reapply or “recertify” for benefits. About 45 days before the end of your certification period, DTA will send you a notice and a recertification form to fill out. 106 C.M.R. § 366.310. The form will be pre-filled with most of the information DTA has about your household. You need to tell DTA if:
When it is time to recertify:
DTA should give you enough time (usually 20 days) to complete and return the recertification paperwork to continue getting SNAP benefits. 106 C.M.R. § 366.320(A). If you do not return the form, your benefits will end. There are no additional notices from DTA. If you get the form back after the DTA deadline, you may have an interruption in benefits.
Getting continued SNAP benefits:
If you complete the recertification process on time, DTA must make sure your benefits continue on the usual schedule without interruption. 106 C.M.R. § 366.330 (B). Remember that DTA should not ask for documents you have already given them.
If you sent DTA your recertification and any necessary proofs on time and you do not get your SNAP on time, call DTA and ask them for help. See Question 26.
Getting a closed case reopened:
If you send DTA your recertification form and have your interview, but your SNAP ends because DTA is missing documents, you can ask DTA to reopen your case as long as:
You do not have to start a new application. 106 C.M.R. § 361.700(B)(2).
If more than 30 days has elapsed since the end of your certification period, you should reapply.
Online Guide Sections: SNAP > Reporting Requirements/Recertifications
Most households are required to be interviewed – by phone - by a SNAP worker when the benefits are recertified. 106 C.M.R. §§ 366.320(B), 366.330(A). This is the same interview process done for initial application. See Question 9.
But, there is no interview at recertification for elder or disabled SNAP households who meet the following conditions:
DTA may send out a verification checklist for any optional verifications missing (e.g. changes in shelter costs or medical expenses) and should call you to see if you need help. DTA will not conduct a regular interview unless you request an interview or unless the information you provided in the recertification form is questionable.
Online Guide Sections: SNAP > Reporting Requirements/Recertifications > Recertification
The majority of SNAP households are now on “Interim Reporting”, also called “Simplified Reporting.” This means, other than your recertification, you do not have to report to DTA any changes in income or living situation except at specific intervals – when you are sent an Interim Report.
There are three different reporting schedules based on the length of your certification period:
IMPORTANT: In late 2015, DTA began switching more SNAP households from “change reporting” to Simplified Reporting. DTA’s goal is to achieve universal simplified reporting for SNAP cases that do not also receive TAFDC or EAEDC cash assistance. As this Guide goes to print, some SNAP households may still be on change reporting. This means the household is required to report changes to DTA within 10 days of the date of the change (a new job, someone moves into the home, etc).
If you have questions about your SNAP reporting requirements, contact DTA, look at a recent SNAP approval notice or look on the My Account Page. See Question 27 to get information on your case.
Reporting requirements households that get cash assistance
Reporting requirements are different for households that also get cash assistance from DTA (TAFDC or EAEDC). If your household receives cash assistance, you are not on simplified reporting. You are required to report any changes of more than $100 that can affect the cash assistance grant. This includes if a relative receives TAFDC for a minor children. The change must be reported within 10 days of the receipt of the new income or other change. 106 C.M.R. § 366.110(A).
When you will get the Interim Report
DTA will send you the Interim Report 45 days before the middle of your certification period. So, if you are certified for 12 months – January through December, you should get this report by May 15th, 45 days before July 1st. When you get it, fill it out and send it back to DTA as quickly as possible so there aren’t any delays in your SNAP. The Interim Report includes the information DTA knows about your household. It has check boxes where you can check if there has been a change or if there has been no change to the information listed. If there has been a change, try to also send in verification of the change to make the process faster.
You do not need an interview when you file the Interim report.
A couple of things can happen based on what you do:
DTA will also send you a Recertification Form before the end of your certification period. This is a longer form that asks more information about your household changes. See Question 87.
IMPORTANT: Even though you are not required to report most changes until your Interim reporting period, you must report to DTA if:
Example: Selina is a single mom with one child. She is certified for SNAP for 1 year and must report changes in January and July. She starts a second part time job in March earning $200/week. Her total monthly gross income from both jobs is $1,700 per month, below 200% FPL ($2,670) for her family size. Selina does not need to report the second job until her next Interim Report or Recertification.
If your gross income increases above the gross income assigned to your household, you must report this change right away—within ten (10) days after the change occurs. When you are approved for SNAP, DTA will send you a notice explaining how long you are certified, when you will get an Interim Report and what the gross income level is in case you need to report sooner.
Summary of SNAP simplified reporting requirements
Type of Certification
What do I have to report and when?
24 Month Certification Period
Elder (60+) or disabled households with no children and no earned income
Must complete an Interim Report at 12 months and Recertification at 24 months. Paperwork mailed out about 45 days before end of 12 or 24 months.
12 Month Certification Period
Most families with children, non- elder/disabled households, persons with earnings or history of earned income.
Interim Report at 6 months and Recertification at 12 months. Paperwork mailed out about 45 days before end of 12 or 24 months
Must report if gross income exceeds 200% FPL gross income test.
ABAWDs - 6 month Certification Period
Non-disabled adults ages 18-49 and not part of SNAP household with minor child
An interim report at 3 months and Recertification at 6 months. Some ABAWDs meeting the work requirement through community service need to send DTA papers every month. See Question 55.
Bay State Cap – 36 Month Certification
SSI recipients approved for Bay State CAP.
Recertified every 36 months. Report any changes directly to SSA that affect SSI benefits and SSA will notify DTA. See Question 5.
Reporting changes even if not required
Even though you are not required to report changes (as long as your income stays below the gross income limit), it may help to do so. If your income goes down or expenses go up, DTA is required to act on the information you report and increase your SNAP benefits. 106 C.M.R. § 366.110(C)(5)(a)(2).
On the other hand, if you report an increase in income or decrease in rent or other expenses, under current rules, DTA should not reduce your benefits during the interim reporting period unless your income exceeds the gross income level. Otherwise, your benefits will continue at the initial amount for the reporting period. 106 C.M.R. § 366.110(C)(5)(a)(1).
Example: Suzyn and her 3 kids are certified for 12 months and on “interim” reporting.” She is not required to report any changes on her SNAP case for the first five months after her application. The first month of her certification period, she was working 30 hours a week at a local day care center. The second month, her employer reduced her time to 20 hours a week. If Suzyn reports the drop in earnings, DTA will recalculate her SNAP benefits using her lower wages. Suzyn will get more benefits because she reported the change in income. Her benefits will stay at the higher level and, unless her income goes over the Gross Income level for her household, she is not required to report anything else until her next Interim Report or Recertification.
Online Guide Sections: SNAP > Reporting Requirements/Recertifications > Simplified Reporting/Interim Report
Under certain situations, DTA can make changes to your SNAP benefits during the middle of your interim reporting periods, even if you did not report a change. SNAP federal rules say that DTA may adjust your benefits if they receive information from a reliable third party that impacts your eligibility. 7 C.F.R. §273.12(a)(5)(vi)(B)(2).
Examples include when:
DTA has a master list of “primary source” data that they consider “verified upon receipt.” This means that DTA does not need additional verification from you household or another source to reduce or terminate benefits.
Sometimes there are errors with these data matches. For example, a Department of Corrections prison list may not have the correct date of release, or a child removed by DCF may have returned to the home. DTA should double check this information but problems have surfaced in the past. If your SNAP benefits mysteriously decrease and nothing in your household has changed, contact Legal Services. See Appendix E.
Online Guide Sections: SNAP > Reporting Requirements/Recertifications > Simplified Reporting/Interim Report and Cross Programs > External Agency Matches > Matches - Match Processing for SNAP Households (for DTA’s list of the data information considered “verified upon receipt.”)
If your family was receiving TAFDC and your benefits end—due to earnings, voluntary case closing, or most reasons other than a TAFDC program sanction—you will automatically get five months of SNAP benefits. The amount of SNAP you get will be calculated using only the income you had in the month your TAFDC benefits stopped, excluding your TAFDC cash grant. DTA will also not count new income you receive after your TAFDC case closes, such as new earnings or child support. This special benefit is called the Transitional Benefits Alternative or “TBA.” 106 C.M.R. § 365.190.
Example: Aisha receives $433 monthly in TAFDC for herself and her two children, plus $300 in Social Security Survivors Benefits. They have no deductions other than the standard deduction. Their SNAP benefits are $338 a month. Aisha starts working at a job that pays $800 a month and asks DTA to close her TAFDC case. Under TBA, DTA recalculates Aisha’s benefits counting only the $300/month in Social Security Survivors Benefits. DTA excludes the terminated TAFDC income and excludes the new income from her new job. Their benefits will be $468 a month for five months.
During the five-month TBA period, you are not required to report any changes in your household. However, you have the option to report changes and if you report a change that could increase your benefits (such as loss of income or the addition of a household member), DTA is required to act on that change and recertify your benefits to the higher amount. You will no longer be a TBA household. See 106 C.M.R. § 366.110(B).
45 days before the end of the 5 month TBA period, DTA should send you a recertification form that you will need to complete in order to continue your SNAP.
DTA must increase your benefits by the month following the month you report and verify the change to them. 106 C.M.R. § 366.120(B).
You will need to give DTA proofs of your new income, higher medical expenses or child support paid out, information on the new member (a spouse, new baby, etc). If your shelter costs change, you do not need to verify that information unless DTA determines it is questionable.
You may be eligible for supplemental SNAP benefits in addition to increasing your ongoing benefit amount in the future. If your net countable income after deductions drops to zero, you are eligible for supplemental SNAP in the same month you report the change. 106 C.M.R. § 366.120(A)(1).
If you report a new household member or a change in income of $50 or more, DTA must adjust your SNAP benefits effective with the first payment you are due ten days after you reported the change. If you report the change after the 20th of the month and it is too late in that month to increase the next month’s payment, DTA must authorize supplemental SNAP so that you get the increase by the tenth day of the following month or on your normal issuance date, whichever is later. 106 C.M.R. § 366.120(A)(2).
If your TAFDC stops, see Question 91.
If your SNAP benefits will go down or end because of a change in your circumstances, DTA usually sends you a written notice within ten days of the date that you reported the change. 106 C.M.R. § 366.120(C). If the change occurs within the middle of your certification period, DTA must give you at least ten (10) days notice that your benefits will change. Your benefits will not be decreased or stopped until after this ten day period. 106 C.M.R. § 366.200.
Example: Mary usually receives her SNAP on the 2nd of the month. On November 15, she reports an increase in income. By November 25, DTA must send her a written notice that her benefits will go down. DTA cannot reduce her benefits until December 5, ten days after that notice. Since Mary will already have received her December SNAP on December 2, her benefits will not be decreased until January.
Sometimes, DTA does not have to give you a 10 day notice of a change, such as when DTA has confirmed information that a household member has died, or when there is a mass change (such as an across the board decline in the SNAP benefit level). See 106 C.M.R. §§ 366.210, 106 C.M.R. § 366.215. In some situations, your benefits can be reduced or ended right away. 106 C.M.R. § 366.120(C). You still have the right to appeal. See Part 6.
If DTA denies your SNAP benefits or stops or lowers your benefits, you can ask for a fair hearing. A fair hearing, or an “appeal”, is a formal meeting at the local DTA office or a formal telephone or video conference. A hearing officer runs the hearing and decides who is right. 106 C.M.R. §§ 367.375, 343.110. To ask for a fair hearing you file something called an “appeal” with DTA. You can ask for a fair hearing to challenge any DTA decision or action you disagree with. 106 C.M.R. §§ 367.125, 343.230.
Most DTA notices have an appeal form on the back which you can use to request a fair hearing. See Question 98 for more on how to file an appeal and Appendix C for a copy of the DTA “Request for an Appeal” form.
You can appeal most actions DTA takes. For example, you can appeal if:
See 106 C.M.R. § 343.230.
Cuts or Terminations
In most situations, DTA must give you at least 10 days advance notice before your benefits are stopped or reduced. You can ask for a hearing if your benefits are stopped or reduced. See Question 97 on whether you can keep your benefits while you are waiting for a hearing decision. 106 C.M.R. §§ 343.230, 367.300. You can also reapply while you are waiting for a hearing.
Worker Bad Conduct
You should always ask for a hearing, even if you now have the proof DTA wanted. But, you might be able to get the problem fixed without having to wait for the hearing.
If you are missing proofs and your case was recently closed or denied you can still give them to DTA.
Canceling the hearing if DTA fixes my case
If DTA approves or re-opens your case while you are waiting for the hearing, you can withdraw (cancel) your appeal request so you do not have to go to the hearing.
Bringing missing proofs to the hearing
Bring any documents you have that you think show what the problem is with your case.
Yes. You can try to fix problems by talking with a DTA worker, Supervisor, Office Director or calling the DTA Ombuds Office.
Start by trying to figure out what happened in your case, when your benefits started or stopped, and what notices you were sent. See Question 27 for information about the My Account Page (“MAP”) to get information about your benefits case.
Second, call the DTA Assistance Line and ask the DTA worker to explain to you the reason for their action on your benefits.
If you do not get a satisfactory answer, ask for a Supervisor or the Assistant Director in the office you are calling.
You can also file a complaint with the Department by speaking with a manager or the DTA Ombuds Office at 617-348-5354. See Question 26.
Even if you are trying to fix the problem, you can ask for a hearing at the same time. You can always cancel the hearing if DTA agrees to fix the problem and correct your benefits. 106 C.M.R. § 343.350.
If you believe you have been discriminated against based on your race, gender, national origin, disability, age, religious creed, national origin, or political beliefs, you have a right to file a complaint with:
Director, Office of Adjudication
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250-9410
Director of Equal Opportunity
Department of Transitional Assistance
600 Washington Street,
Boston, MA 02111
106 C.M.R. §§ 360.200-360.220. You need to include your name, address, and phone number as well as information on what happened (date, office, name of person you interacted with, whatever you know). You need to file this complaint within 180 days of the incident.
For legal help, call the nearest Legal Services office. See Appendix E for a list of Legal Services offices.
You can file an appeal 90 days from the date on your notice to get your appeal request to the Division of Hearings. 106 C.M.R. § 343.140.
You can file an appeal 120 days from the date DTA received a request from you and they failed to act (e.g. you asked DTA to increase your benefits or your request for a correction of an underpayment and DTA takes no action). 106 C.M.R. § 343.140.
Keeping your benefits while waiting for a hearing
If your benefits are being cut off or reduced, you can keep your benefits while you are waiting for a hearing decision by making sure that the Division of Hearings timely receives your fair hearing (appeal) request. Getting benefits while you are waiting for the hearing decision is called “aid pending appeal.”
If you get the Division of Hearings your appeal request either before the effective date of the action OR within 10 days of the date on the notice (whichever is later) then you should be considered to have “appealed timely.” If you appeal timely, your SNAP benefits will continue until the hearing officer makes a decision or until your certification period ends, whichever is first. 106 C.M.R. § 343.250, 106 C.M.R. §§ 366.220, 367.275. DTA can recover benefits you got while you were waiting for a hearing if you lose. 106 C.M.R. § 343.250(C). See Part 7 for information about overpayments.
Note, you are not eligible for SNAP benefits pending appeal if you are terminated at the end of your certification period. 106 C.M.R. § 366.200. You can still appeal, but the aid will stop. If you do not appeal timely or your certification period ends, you can always re-apply for SNAP while waiting for your hearing.
Example: Judy's SNAP is put on her EBT card on the 11th of each month. She is certified for one year. She gets a notice from DTA dated January 25 that says her SNAP benefits will be terminated on February 10 (the day before her next benefits are due). Judy disagrees with this decision and decides to appeal. The Division of Hearings must receive her appeal request by February 9, the day before the termination is to take place, for Judy to continue to get SNAP while waiting for the hearing to happen and for the hearing officer to make a decision. But, if her certification period ends while she is waiting for a decision her SNAP will stop. She can still request a hearing after February 9 (until April 25) but her benefits will not continue while she is waiting for the hearing decision. But, she can reapply for SNAP!
You can ask for a hearing by
Fax is better because it is faster and you have a fax receipt showing when you sent the request to the Division of Hearings.
Call 617-348-5321 or 800-882-2017 to see if DTA got your hearing request. Also call this number if you think your SNAP should have continued while you are waiting for the hearing and it stopped.
DTA has a form called a “Request for an Appeal” to ask for a hearing. See sample in Appendix C. If you got written notice of DTA’s decision, you can ask for a hearing by filling out the appeal form on the back of one copy of the notice. Or, you can write your own letter requesting a fair hearing. You do not have to use the DTA form. 106 C.M.R. § 343.240.
You should write the reason why you want a fair hearing. If you file the appeal on the backside of the SNAP letter of denial or termination, it is perfectly fine to give a general reason if you are not sure. You can write down “I disagree with DTA’s decision.” If you are not sending in the DTA notice of action, you should give more detail.
If you need an interpreter or you are homebound, you can ask for accommodations on the appeal form including:
Be sure to send your hearing request to the Division of Hearings, not your local DTA office.
Next steps after you file an appeal request
The Division of Hearings (DOH) should send you a notice within a few weeks of your appeal that tells you the date and time of your hearing. DTA must send you written notice of your hearing date at least one week prior to the hearing. 106 C.M.R.§ 367.325.
It will also include the address of your local DTA office where it will be held. If you prefer to not go in person or cannot travel to the DTA office for any reason, you can ask to have your hearing done over the phone. This is your choice.
The DOH notice will have other information about what a hearing is like and what your rights are.
Rescheduling the hearing
If you are appealing a SNAP issue and you cannot make the hearing date the Division of Hearings scheduled, you are entitled to receive postponement of the scheduled hearing. 106 C.M.R. §367.200. Call the Division of Hearings before the date it is schedule for and ask for a new date. You do not need to have a good cause reason, as long as you call before the hearing date to postpone. 106 CMR 343.320(A)(2). If you need to postpone more than once, you may need to show good cause.
If you miss the hearing without calling in advance, you will have to give a good cause reason to the Division of Hearings to get the hearing rescheduled. You will also be asked to explain to the hearings officer at the rescheduled hearings why you missed the first hearing. Good cause includes an unexpected emergency. 106 C.M.R.§ 343.320(D). Otherwise the Division of hearings will dismiss your appeal. 106 C.M.R. 343.320(B)(1).
The hearing is your last chance to make sure DTA has the facts supporting your position, including any documents.
Face-to face hearings and most telephone hearings take place at your local DTA office in a separate room. Only the people who need to be there are allowed in—the DTA representative, you, your representative (if any), any witnesses, and the hearing officer. Everyone must testify under “oath or affirmation.” The hearing is tape-recorded. 106 C.M.R. §§ 343.450, 343.500, 343.550.
If you believe that DTA is using evidence that is unfair or unreliable—for example, an accusation from an unidentified person—tell the hearing officer that you “object.” Objecting may make the hearing officer think twice about relying on this information. Also, if you lose the hearing and appeal to court, the court can consider whether the hearing officer made a mistake by admitting the evidence you objected to.
The hearing officer must decide your case within 60 days of receiving your appeal request. 106 C.M.R. § 367.450.
If you win, you should get any benefits DTA owes you within 30 days of the decision. If your SNAP is supposed to go up because of the hearing decision, DTA must include the increase either within 10 days or in your next regular payment (depending on the date you asked for a hearing).106 C.M.R. § 367.450(A). DTA must also give you any SNAP benefits you missed while you were waiting for your hearing decision because your SNAP case was denied or your SNAP amount was too low. 106 C.M.R. § 366.500.
If you lose your fair hearing, don’t give up! Reapply for benefits. Also, you have 14 days from the date of the decision to ask for a remand and 30 days after receipt of the decision to file in court to challenge the hearing officer’s decision. 106 C.M.R. §§ 343.710, 343.720, 367.475. You may be able to get help from your local Legal Services office. See Appendix E. 106 C.M.R. §§ 343.710, 343.720. Be sure to allow time to get the remand or court papers ready.
If you lose the fair hearing, DTA may ask you to repay SNAP benefits you got while you were waiting for a hearing decision. See Question 101. If you are no longer receiving benefits, DTA cannot recover SNAP benefits by reducing your cash assistance benefits, but DTA may be able to pay itself back by attaching your wages or other income. See Question 108 and 109.
If you get more SNAP benefits than you are eligible for, DTA can recover the overpayment. 106 C.M.R. § 367.490. An overpayment can happen because of a DTA mistake, your mistake, or because you got SNAP benefits while you were waiting for a hearing and you then lost the hearing. These mistakes are considered unintentional program violations (UPVs). 106 C.M.R. § 367.495. If DTA thinks the overpayment happened because of your mistake or because you committed fraud, it may consider the overpayment an Intentional Program Violation (IPV) or refer your case to the Bureau of Special Investigations (BSI). 106 C.M.R. § 706.240.
If you will be unable to repay the overpayment within three years without financial hardship, DTA can “compromise” the claim and reduce it to an amount that you can pay off within three years. Although DTA’s regulations say that only unintentional program violations can be compromised, 106 C.M.R. § 367.495(F), federal regulations say that all overpayments, including intentional program violations, can be compromised. 7 C.F.R. § 271.4(b). You should ask DTA to compromise your claim if you cannot pay it without hardship.
First, DTA will decide if the overpayment was “intentional” (e.g. fraud) or “unintentional” or was the result of a DTA mistake, called an “agency error.” 106 C.M.R. § 367.495
If the overpayment happened because of your mistake or a DTA mistake and DTA agrees it is an “unintentional overpayment,” DTA does not seek recovery when:
If you cannot repay the overpayment within three years without financial hardship, DTA has the authority to reduce the claim to the amount that can be recovered in three years ($10 per month or 10% of the SNAP you are getting, whichever is greater). This is called “compromising the claim.” 106 C.M.R. § 367.495(F).
Contact Legal Services if you need help trying to compromise a SNAP overpayment.
How is the overpayment calculated?
For an overpayment that happened by mistake (unintentional program violation), DTA calculates the difference between what you got and what you should have gotten after allowing all applicable deductions and exclusions. 106 C.M.R. § 367.495(D). If you are no longer receiving benefits, DTA will not try to recover a UPV overpayment unless it is $125 or more. 106 C.M.R. § 364.870.
For both intentional and unintentional program violations, the first month of an overpayment is the month the change would have been effective if it had been reported on time. 106 C.M.R. §§ 367.495(D), 367.500(A).
Example: Jane Smith is self-employed and subject to simplified or interim reporting, ever six months. She gets her SNAP on the 8th of the month because her SSN ends in “5.” She gets a new client that will pay her much more than she had been getting paid before. On March 7 she gets her first check, which bumps her above the gross income test. She loses track of time and doesn’t report the change until March 20, more than ten days after the change. However, even if Jane had reported on or before March 17th, Jane was not overpaid in benefits for March because DTA would not have reduced her March benefits. Her SNAP would have been closed effective April instead.
An IPV is an intentional program violation. That is when a court or hearings officer determines that you gave DTA false or misleading information on purpose, willfully hid information in order to get benefits you are not eligible for, or intentionally did not report a change that you were required to report and would have reduced your benefits. 106 C.M.R. § 367.525. Purposely giving false or misleading information or willfully hiding information in order to get benefits is fraud.
How is the intentional overpayment calculated?
For an overpayment that was due to purposely misleading DTA (intentional program violation), DTA calculates the difference between what you got and what you should have gotten after allowing all applicable deductions and exclusions except for the earned income (20 percent) deduction. 106 C.M.R. § 367.500(A).
For both intentional and unintentional program violations, the first month of an overpayment is the month the change would have been effective if it had been reported on time. 106 C.M.R. §§ 367.495(D), 367.500(A).
DTA cannot claim any benefits issued more than six years before it became aware of the overpayment. 106 C.M.R. §§ 367.495, 367.500(A). DTA is supposed to establish the claim no later than the quarter after the quarter it discovered the overpayment. 7 C.F.R. § 273.18(d)(1).
DTA must give you written notice of the SNAP intentional program violation (IPV) penalties each time you apply. The notice must be in English, Spanish or other languages spoken by 100 or more households in the area served by the DTA office. 106 C.M.R. § 367.550. Question 21.
To establish an IPV, DTA has to prove that you knew the SNAP rules and your responsibilities and that you purposely violated the rules. DTA must prove with “clear and convincing evidence” that you “willfully, knowingly and with deceitful intent committed an IPV.” 106 C.M.R. § 367.750. Simple mistakes and misunderstandings between you and your worker that result in an overpayment are not IPVs. In calculating the amount of the overpayment, DTA must give you all the deductions you would otherwise receive, with the exception of the 20% earned income deduction. 106 C.M.R. § 367.500(A).
Be sure to contact an advocate if you are notified of an IPV or administrative disqualification hearing. An advocate can help you prepare your argument against the DTA’s finding of an IPV.
You might consider arguing any of the following, if they are relevant to your situation, to help show that DTA did not meet its burden of proving that the household committed an IPV:
If you are found guilty of an IPV by a court of law or by a DTA hearing officer – or you waived your right to an IPV hearing or signed a consent agreement in court – you will not be eligible for SNAP benefits for yourself for
DTA has to follow special notice and hearing rules if it has charged you with an IPV. Be sure to check the rules. 106 C.M.R. §§ 367.600-367.750.
Example: A hearings officer found that Rachel committed an IPV on July15, 2014 and disqualified her for 12 months. DTA then sent her a notice of the disqualification on July 17th. Rachel was not getting SNAP at the time of the IPV disqualification. Her 12 months starts August 2014. She can reapply in September of 2015. If Rachel has another family member, such as a child, she can still get SNAP for that child during the disqualification period, even though she is ineligible.
The disqualification penalties are more severe for people found guilty, in court, of trading SNAP benefits for drugs or firearms, trading more than $500 in benefits, or getting multiple benefits with a fake identity or address. 106 C.M.R. § 367.800(B), (C).
Example: Philip was disqualified from SNAP in Montana on January 2016 for 1 year. His SNAP disqualification ends January 2017, even if he is now in Massachusetts.
If DTA thinks you were overpaid because of your mistake or because you committed fraud, it may refer your case to the Bureau of Special Investigations (BSI). 106 C.M.R. § 706.240. DTA may also refer applications to BSI if the worker thinks you are lying about something.
BSI may tell you to come in for an interview. You do not have to go to the interview. Your benefits won’t stop just because you do not go to the interview. But if you don’t go, BSI can decide to send the case back to DTA to collect the overpayment or BSI may decide to refer the case for a criminal prosecution of SNAP fraud.
If you do go to a BSI interview, you have the right to remain silent. Anything you say can be used against you. It may be best to remain silent even if you have not done anything wrong. You do not have to give BSI names of people to talk to. Try to consult with an advocate before you meet with BSI or say anything.
Do not sign anything unless BSI has shown you how it figured the overpayment, you are sure that all the calculations are correct, and you agree with everything in the statement you are signing. Do not agree to a repayment schedule that you will not be able to keep or that will cause your family hardship. If you are unsure, consult an advocate first.
If BSI decides that you committed SNAP fraud and that the overpayment was not just a mistake, you can be prosecuted. 106 C.M.R. § 367.850. If you get notice of a criminal complaint, you should plead “not guilty” and ask the court to appoint a lawyer for you. Legal services programs do not represent people in criminal matters but they may help you and your lawyer figure out whether BSI has correctly computed what you owe.
If you plead guilty or you are found guilty, you will probably not have to go to jail, but the criminal record may make it harder for you to get a job, get credit, or get housing. A criminal record may also cause immigration problems. You may have to pay back the money the court decides you owe. Sometimes the court will delay a final decision as long as you pay back the money according to the schedule set by the court. This is called “continued without a finding.” Be careful not to agree to a repayment schedule you will not be able to keep.
The federal SNAP rules permit you to ask the court to let you pay back the money through public service. 7 C.F.R. § 273.18(g)(7). If you pay the money back or pay the claim through public service, you may be able to get the case dismissed so you don’t have a criminal record.
If you are receiving SNAP benefits, in general DTA must collect the overpayment by reducing your benefits. 7 C.F.R. § 273.18(g)(1). See Question 102. DTA can cut your current SNAP benefits to recover benefits that you got by mistake or because you committed an intentional program violation. 106 C.M.R. § 367.510. This includes recovery of benefits that you got while you were waiting for a hearing decision and you lost the appeal. 106 C.M.R. § 367.275.
Before reducing your benefits, DTA will send you a letter asking you to the pay the claim, and may try to get you to sign an agreement. You do not have to pay or sign an agreement to pay more than DTA could recover by automatically recouping some of your SNAP.
You have the right to advance notice and an opportunity for a hearing before your benefits are reduced. 106 C.M.R. §§ 364.870, 364.880, 366.200. DTA may say you cannot challenge the overpayment at this point, so if you think the overpayment did not happen or the amount is not correct, you should request a hearing when you first get notice of the overpayment and should not wait to receive notice of the reduction before asking for a hearing. You have 90 days from date of the DTA action to request a fair hearing. See Question 94. A fair hearing request should stop collection of the overpayment until the hearing officer makes a decision. 7 C.F.R. § 273.18(e)(6). Contact an advocate if DTA tries to collect the overpayment while your hearing request is pending.
If you are getting SNAP, DTA can pay itself back by:
DTA has several ways of collecting overpayments from former SNAP and cash recipients.
If you are no longer receiving SNAP, DTA will ask you to sign a repayment agreement and agree to pay a certain amount of money each month. If you do not agree to do this, DTA can refer your claim to the U.S. Treasury, which can reduce Social Security and other federal benefits payable to you, attach federal wages, and intercept a federal tax refund. See 7 C.F.R. § 273.18(n) and 106 C.M.R. § 367.510(E). However, needs-based benefits including SSI, TAFDC, EAEDC and veterans’ benefits cannot be reduced to repay SNAP overpayments. Federal rules say that DTA can intercept your unemployment compensation only if you agree or if a court orders interception. 7 C.F.R. § 273.18(g)(6).
In addition, DTA says it can collect by civil court action, intercepting your unemployment compensation, attaching your wages, or using other “reasonable” means. 106 C.M.R. § 367.510. A criminal court can order you to pay back the SNAP benefits you received if it finds you committed fraud.
If you have a payment plan with DTA, DTA has said they will not intercept your taxes if you are regularly making payments. However, if you miss payments, DTA may take additional action to collect money. DTA can also turn over the debt to a collection agency, which may add an additional collection fee on top of what you owe. A collection agency is not permitted under state law to harass you, and cannot threaten to take the first $500 per week you earn in gross wages. And a collection agency can only take money from your bank account if you have more than $2,500 in the account, and they can only take the excess above $2,500. For additional protections, see G.L. c. 235, § 34
If the full amount of the claim cannot be collected in three years without causing you financial hardship, DTA has the authority to “compromise” the amount of the overpayment by reducing the overpayment to an amount that can be collected from you within three years. 106 C.M.R. § 367.510.
If the claim is for an unintentional program violation, DTA can also suspend collection if your household is not currently receiving SNAP and DTA determines that the cost of collection will be more than DTA is likely to recover. 106 C.M.R. § 367.495(H).
Important SNAP Advocacy and DTA Documents
Able-bodied Without Dependent (ABAWD) Fliers and Forms
MLRI FAQs and Sample Forms