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Hotline 11/11: noncitizen, TAFDC, SSI, EAEDC, disabled child

Date: 
11/01/2011
Author: 
DTA

If you have any questions on this column or other policy and procedural material, please have your Hotline
designee call the Policy Hotline at 617-348-8478.

Q. A father applied for TAFDC and SNAP benefits this morning. His family members are eligible for
benefits. The father has verified his noncitizen status as a Parolee, but arrived in the U.S. only last
year. He is not disabled and does not meet the five-year requirement. Is he eligible for TAFDC and
SNAP benefits?

A. It depends. Just as a Legal Permanent Resident (LPR) applicant with less than five years in the U.S.
may present with another qualifying noncitizen status, the same may be true for those who were
paroled into the U.S. on or after October 10, 1980. For example, if the applicant has also verified
Cuban or Haitian nationality, he may qualify for benefits as a Cuban/Haitian Entrant without the fiveyear
wait. Verifications for this include the arrival/departure record, Form I-94 stamped:

  • 212(d)(5),
  • 8 CFR 212.12(b),
  • 8 CFR 241.13 or
  • 8 CFR 241.14.

Also, any stamp on the I-94 indicating Cuban/Haitian Entrant status is acceptable. For more information
on Cuban/Haitian Entrants, refer to Field Operations Memo 2007-52.

Note: A noncitizen with one year of Parolee status may be eligible for EAEDC. For more
information on eligible noncitizen statuses in the EAEDC Program, see 106 CMR 320.620(A).

Q. A mother and her disabled child are currently receiving TAFDC. Does this mother need to apply
for SSI benefits on behalf of her child?

A. No. Unlike EAEDC, applying for SSI is not a TAFDC eligibility requirement. However, remember to
advise this client that often a disabled child can receive more in financial assistance from the SSI
Program than from the TAFDC Program. Individuals who are eligible for both SSI and TAFDC
benefits may elect to receive either benefit, but cannot participate in both programs. For more
information on SSI benefit requirements in the TAFDC Program, see 106 CMR 702.710(A).

Q. When a child in an EAEDC caretaker household appears to be disabled and potentially eligible for SSI,
must this caretaker apply for SSI on behalf of the child and must an AP-SSI-1form be completed?

A. Yes. A child who may be eligible for other benefits must apply for these to become or remain eligible
for EAEDC. If a child living in an EAEDC caretaker family is disabled and potentially eligible for SSI,
the caretaker must apply for SSI on the child’s behalf and complete an Authorization for Reimbursement
of Interim Assistance Initial Claim or Post Eligibility Case (AP-SS-1AR). For more information on the
development of other benefits, see 106 CMR 702.700.

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