The Online Resource for Massachusetts Poverty Law Advocates

Hotline Focus 10/09

Q. My TAFDC applicant was released from prison two months ago. She came in to apply with her 13- month-old son. Because she was convicted of a felony for the use of a controlled substance, must she wait an additional ten consecutive months before becoming eligible for TAFDC? A. No. Although clients convicted of a felony for the possession, use or distribution of a controlled substance may be ineligible for TAFDC for 12 consecutive months following their release from prison, as the single parent of a child under two, your client is exempt from this rule and therefore she is not subject to this waiting period. An exception to this 12-month waiting period also applies to individuals who are granted a domestic violence waiver. For more information on this topic, refer to 106 CMR 701.110(D). For more information on TAFDC exemptions, refer to 106 CMR 203.100, and for more information on domestic violence waivers, refer to 106 CMR 203.110. Q. Are certain recouped monies counted as income in SNAP? A. Yes. Certain recouped monies are treated as countable income when a household intentionally fails to comply with the requirements of another federal or state means-tested program. (For a listing of state and federal means-tested programs, refer to 106 CMR 360.030.) For example, if you have a SNAP client who has been overpaid in the TAFDC Program, continue to count the full gross TAFDC payment amount for SNAP purposes if it has been determined that the overpayment was caused by the household’s intentional failure to comply with a TAFDC program requirement. See 106 CMR 363.220 for more information. For more information on Intentional Program Violations in the TAFDC and EAEDC Programs, refer to 106 CMR 706.300.
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