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Full text of "Emergency aid to the elderly, disabled and children manual"

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The Commonwealth of Massachusetts 

Massachusetts Department of Public Welfare 



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EMERGENCY 

AID TO THE 

ELDERLY, DISABLED 

AND CHILDREN 

MANUAL 



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Digitized by the Internet Archive 

in 2013 



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http://archive.org/details/emergencyaidtoeldeOOmass 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

GENERAL RELIEF 
GENERAL INFORMATION Chapter 317 
Rev. 10/91 Page 317.001 

317.001: Temporary Authority for the General Relief Program 

By operation of Chapter 255 of the Acts of 1991, the Department no 
longer has authority to administer a program of General Relief. 
Chapter 255 of the Acts of 1991 has established a new program 
entitled Emergency Aid to the Elderly, Disabled and Children (EAEDC) 
program. 

During the transition from the General Relief program to the Emergency 
Aid to the Elderly, Disabled and Children program, it will be necessary 
to have regulations in effect for each program. Applications for 
General Relief may not be made after October 12, 1991. Eligibility of 
applicants and recipients prior to October 12, 1991 will be determined 
in accordance with the General Relief regulations. For purposes of 
notices and hearings, the authority for terminating General Relief 
pursuant to Chapter 255 of the Acts of 1991 shall be this section. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 10/91 Page 3 18. XXX 

SECTION 

318. XXX TABLE OF CONTENTS 

318.000 Overview of General Policies 

318.100 Authority for the Department of Public Welfare 

318.110 Programs Administered by the Department 

318.120 Limitation on Program Eligibility 

318.200 The Emergency Aid to the Elderly, Disabled and Children Program 

318.210 Administration of the EAEDC Program 

318.220 Availability of EAEDC Benefits 

318.230 Obtaining EAEDC Benefits 

318.240 The EAEDC Manual 

318.300 Rights of Applicants and Recipients 

318.310 Right to Nondiscrimination and Equal Treatment 

318.320 Right to Confidentiality 

318.330 Right to Information 

318.340 Right to a Fair Hearing 

318.350 Right to Representation 

318.400 Responsibilities of Applicants and Recipients 

318.410 Responsibility for Providing Verifications 

318.420 Responsibility for Notification of Changes 

318.430 Responsibility for Furnishing Information 

318.440 Responsibility for Cooperating in the Eligibility Determination Process 

318.450 Photo Identification Cards 

318.500 Definition of Terms 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 1/92 Page 318.000 



318.000: Overview of General Policies 

This chapter provides an introduction to the Emergency Aid to the Elderly, 
Disabled and Children (EAEDC) Program in the Commonwealth of Massachusetts 
and to the Department of Public Welfare, which administers the program. 

The policies described in this chapter are the basis for the administra- 
tion and functioning of the program; eligibility policies are discussed in 
Chapter 320: Categorical Requirements, and Chapter 321: Financial Eligi- 
bility. The subjects covered herein are: 

(A) Authority for the Department of Public Welfare, 106 CMR 318.100; 

(B) The Emergency Aid to the Elderly, Disabled and Children Program, 106 
CMR 318.200; 

(C) Rights of Applicants and Recipients, 106 CMR 318.300; 

(D) Responsibilities of Applicants and Recipients, 106 CMR 318.400; 

(E) Definition of Terms, 106 CMR 318.500. 

318.100: Authority for the Department of Public Welfare 

■ The Massachusetts Department of Public Welfare is created by Massachusetts 

General Laws Chapter 18, as amended. Under this law, the Department 
administers various programs established by General or Special Laws of the 
Commonwealth and by Executive Order of the Governor of the Commonwealth. 

The rules, regulations, and policies of the Department are promulgated and 
implemented in accordance with General Laws Chapter 30A, as amended, and 
in accordance with other applicable General Laws of the Commonwealth. The 
regulations of the Department are found in Title 106 of the Code of 
Massachusetts Regulations (CMR). 

318.110: Programs Administered by the Department 

The various programs administered by the Department include the following: 

(A) Aid to Families with Dependent Children (AFDC); 

(B) Emergency Aid to the Elderly, Disabled and Children (EAEDC); 

(C) Emergency Assistance (EA); 

(D) Food Stamps (FS); 

(E) Medical Assistance (MA); and 

(F) Refugee Resettlement Program (RRP). 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 1/92 Page 318.120 

The administrative and eligibility requirements of these programs are 
provided in the appropriate Department regulations. Benefits of programs 
other than the EAEDC Program that may be available to recipients of EAEDC, 
such as Medical Assistance and Food Stamps, are summarized in these 
regulations. 

318.120: Limitation on Program Eligibility 

EAEDC recipients may receive Medical Assistance (MA) and Food Stamps (FS) 
while on EAEDC; but they are not concurrently eligible for any of the 
following: Aid to Families with Dependent Children (AFDC); Refugee 
Resettlement Program (RRP); Supplemental Security Income (SSI); Veterans' 
Services Benefits (VSB); or Unemployment Compensation. 

318.200: The Emergency Aid to the Elderly, Disabled and Children Program 

The EAEDC Program is a program that provides financial assistance to 
qualified elderly and disabled persons, participants in MRC programs, 
certain families and certain students who meet the program requirements. 
Emergency Aid to the Elderly, Disabled and Children (EAEDC) is 
administered by the Department of Public Welfare in accordance with 
Chapter 255 of the Acts of 1991 and the rules, regulations and policies 
specified in the following chapters and subject to appropriation. 



m 318.210: Administration of the EAEDC Program 



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The policies of the EAEDC Program are formulated by the Department's 
central office. The central office provides the general administrative 
direction for the program. 

Benefits are provided to applicants and recipients through a system of 
area offices and branch offices. 

318.220: Availability of EAEDC Benefits 

EAEDC benefits provided by the Department are available to eligible 
applicants and recipients on a statewide basis. The standards for 
determining financial eligibility and the amount of assistance are 
established on an objective and equitable basis in accordance with 
Department regulations. 

Only the benefits authorized in these regulations may be provided by 
the Department. 

318.230: Obtaining EAEDC Benefits 

EAEDC applicants and recipients obtain benefits through contact with 
workers in the Department's area offices and branch offices. These 
workers carry out the Department's responsibility to: 

(A) Advise applicants and recipients of the requirements and benefits 
of the program; 

(B) Advise applicants and recipients of their rights and 
responsibilities; 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 1/92 Page 318.240 

(C) Respect the rights of applicants and recipients; 

(D) Determine eligibility and amount of the grant; and 

(E) Perform the auxiliary administrative activities required. 

318.240 The EAEDC Manual 

The EAEDC Manual contains policies and standards for the EAEDC Program 
administered by the Department. The manual constitutes the regulations of 
the Department and has the authority of law. Workers must cite the 
relevant regulations as support for case actions. The authoritative text 
of the manual is that published by the Secretary of State of the 
Commonwealth of Massachusetts. 

Copies of the manual are available to the public for inspection at the 
Department's area and branch offices. 

318.300: Rights of Applicants and Recipients 

The policies of the EAEDC Program must be administered in accordance with 
the rights guaranteed to applicants and recipients by Massachusetts law 
and the policies of the Department and general principles of privacy and 
personal dignity. Applicants and recipients must be treated with 
consideration and respect and must be able to discuss their requests with 
a worker in privacy. Workers may not enter a home by force or under false 
pretenses, make unnecessary home visits outside of working hours, or 
conduct searches in the home. 

318.310: Right to Nondiscrimination and Equal Treatment 

All activities conducted by the Department must be carried out in 
accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d 
et sea .). Section 504 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. §794), the Age Discrimination Act of 1975, as amended (42 U.S.C. 
§6101 et seq .), and the Massachusetts Constitution. The Commonwealth of 
Massachusetts Department of Public Welfare does not discriminate on the 
basis of race, color, sex, national origin, handicap or age in admission 
or access to, or treatment or employment in, its programs or activities. 
An affirmative action officer has been designated to help coordinate the 
Department's effort to comply with the U.S. Department of Health and Human 
Services regulations (45 C.F.R. Parts 80, 84 and 91) implementing these 
Federal laws. For further information about the regulations and the 
Department's grievance procedures for resolution of discrimination 
complaints, contact the Affirmative Action Officer, Department of Public 
Welfare, 600 Washington Street, Boston, MA. 02111. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 10/91 Page 318.320 



318.320 Right to Confidentiality 

The confidentiality of information in the case record is protected in 
accordance with the provisions of 106 CMR 100 through 108: Fair 
Information Practices . 

Information in case records may be disclosed for certain purposes which 
do not violate this right to confidentiality. 

318.330: Right to Information 

The applicant or recipient or his or her designated representative has the 
right to inspect his or her own case record and to challenge information 
contained therein. The Department may correct inaccurate information in 
the case record pursuant to 106 CMR 106.000: Fair Information Practices 
Objections . 

318.340: Right to a Fair Hearing 

The applicant or recipient has the right to a fair hearing as set forth in 
106 CMR 343.000: Fair Hearing Rules . Appeals for a fair hearing are 
discussed in 106 CMR 319.600. 

318.350: Right to Representation 

P The applicant or recipient has a right to be assisted, accompanied and, 

when accompanied, represented by an individual of his or her choice in 
contacts with the Department and in the various aspects of the eligibility 
process. 

318.400: Responsibilities of Applicants and Recipients 

The applicant or recipient has specific responsibilities as described in 
106 CMR 318.410 through 318.440. 

318.410: Responsibility for Providing Verifications 

To establish eligibility for EAEDC, the applicant/recipient must meet 
categorical and financial eligibility factors. He or she must submit 
verifications required by EAEDC policy to demonstrate that these 
eligibility factors have been satisfied. 

The applicant/recipient has the primary responsibility for providing the 
verifications required to establish eligibility for EAEDC. The worker is 
responsible for explaining the verification process to the 
applicant/recipient, identifying the specific verifications that must be 
submitted and all alternative verifications which establish the 
eligibility factor, and assisting in obtaining required verif ication(s) 
when the worker is aware that the applicant/recipient is unable to obtain 
the verification. (See 106 CMR 319.310: Responsibility for Verification .) 



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If the required verification is dependent on a third party and if the 
applicant/recipient or the worker is unable to obtain it, the worker shall 
inform the applicant/recipient of the option to verify the eligibility 
factor by a self-declaration or third-party statement in 






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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 
Rev. 10/91 Page 318.420 

accordance with 106 CMR 319.340(B). 

If the required documentation is not submitted and the worker is unable to 
obtain such verification or to determine if the EAEDC eligibility factors 
have been met, assistance for the affected household member(s) must be 
denied/ terminated /reduced. 

318.420: Responsibility for Notification of Changes 

The applicant or recipient is required to report to the Department within 
10 calendar days any changes in his or her circumstances that may affect 
his or her eligibility or the amount of the grant. 

318.430: Responsibility for Furnishing Information 

The applicant or recipient must provide information in response to 
requests from the Department's workers and its Division of Quality Control 
if such information is requested for purposes of program administration. 

318.440: Responsibility for Cooperating in the Eligibility Determination Process 

The recipient is responsible for keeping appointments scheduled by the 
Department for the purpose of redetermining eligibility. Failure to be 
present for a scheduled home visit or office appointment constitutes 
failure to cooperate in the eligibility determination process and renders 
the recipient ineligible for EAEDC unless he or she contacts the worker 
before or on the date of the appointment to reschedule. 

The rescheduled appointment must be conducted within 10 calendar days of 
the original appointment. Failure to keep such appointments shall 
constitute failure to cooperate in the eligibility determination process 
unless the recipient contacts the worker prior to the appointment and one 
of the following applies: 

the recipient or other family member was ill or incapacitated; 
the recipient was not adequately notified of this appointment; or 
other circumstances beyond the control of the recipient prevented him 
or her from keeping the appointment. 

Assistance shall be terminated upon proper notification when the worker is 
unable to complete the redetermination due to lack of response to the 
redetermination notice. 






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Trans, by S.L. 959 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 6/92 (1 of 2) Page 318.450 

318.450; Photo Identification Cards 

(A) Requirements 

The Department shall provide each grantee (see 106 CMR 318.500), with 
a photo identification card. 

(1) If the grantee is not a food stamp head of household, no fees 
will be charged for either the original or any subsequent 
replacement photo identification cards. 

(2) If the grantee is also a food stamp head of household, no fee 
will be charged for either the original or first-replacement 
photo identification card. However, beginning with the second 
replacement and each photo identification replacement 
thereafter, a fee will be charged. The fee, as determined by 
the Department, but not exceeding the total costs of production 
of the photo identification, must be paid by either check or 
money order. Cash payment will not be accepted. 

The replacement fee, when applicable, must be paid at the time 
the photograph is taken for the chargeable replacement photo 
identification. A temporary identification must be issued to 
allow the transaction of one additional food stamp ATP pending 
either payment of the replacement fee or actual receipt of the 
replacement photo identification. 

(B) Exceptions 

In the situations outlined below, an identification card containing 
the photograph of the grantee is not required. The Department shall 
issue these individuals an identification card annotated to show that 
an exception to the photograph requirement has been granted. 

(1) A grantee whose religion does not allow him or her to be 
photographed. The Department shall require such individuals to 
provide a signed statement that his or her religious beliefs do 
not allow him or her to be photographed. The statement shall 
specify the biblical or other basis for his or her religious 
belief and shall be filed in the case record. 

(2) A grantee unable to come to the local office due to serious 
personal illness expected to last 60 days or more shall be 
issued an identification card that does not contain a 
photograph. The illness must be verified by a written statement 
from a competent medical authority (see 106 CMR 318.500) giving 
the expected duration of the illness. At the expiration of this 
verification the grantee must either surrender the 
identification card without a photograph and cooperate in 
obtaining a photo identification card or submit a new medical 
statement verifying continued illness. 






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Trans, by S.L. 959 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 6/92 (2 of 2) Page 318.450 

A grantee unable to come to the local office due to a personal 
illness expected to last less than 60 days shall be issued a 
temporary identification card. The illness must be verified by 
a written statement from a competent medical authority (see 106 
CMR 318.500) giving the expected duration of the illness. At 
the expiration of this verification the grantee must either 
submit a new medical statement or cooperate in obtaining a photo 
identification card. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 10/91 (1 of 4) Page 318.500 



318.500: Definition of Terms 



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Certain terms have a specialized meaning in the administration of the 
EAEDC Program. This section provides a brief definition of these terms 
and a manual reference where a more complete definition and any program 
requirements may be found. 

Terms which are used according to their standard dictionary definitions 
are not included. 

(A) Appeal 

An appeal is a written request for a fair hearing on an action 
proposed or taken by the Department or on the Department's failure to 
act. 

Manual Reference: 319.600, 343.000 

(B) Assets 

Assets are objects of value, not defined as income herein, such as 
personal property, real estate, automobiles, life insurance, cash and 
bank deposits, securities, and certain other items. 

Manual Reference: 321.100 

(C) Assistance Unit 

The assistance unit is composed of those person(s) whose needs are 
considered in determining eligibility and the amount of the grant, 
and who are eligible to receive benefits under Emergency Aid to the 
Elderly, Disabled and Children (EAEDC). All persons required to be 
in the assistance unit must be included in the filing unit. 

Manual Reference: 321.310 

(D) Auxiliary Activities 

Auxiliary activities are those administrative actions necessary to 
ensure that the benefits authorized for eligible recipients are 
provided in a timely and accurate manner. 

Manual Reference: 323.000 - 323.710 

(E) Case Record 

The case record is the permanent collection, in written form, of the 
information necessary for determining eligibility and providing 
benefits and referrals for services. 

Manual Reference: 319.410 






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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 1/92 (2 of 4) Page 318.500 

(F) Competent Medical Authority 

A competent medical authority is a physician or psychiatrist licensed 
by the Commonwealth of Massachusetts or an out-of-state physician or 
psychiatrist who is enrolled in the Massachusetts Medical Assistance 
program as a provider, or a physician or psychiatrist from a Veterans 
Administration Hospital or clinic, or a physician or psychiatrist 
from the Massachusetts Departments of Public Health or Mental Health 
facility(ies) . 

Manual Reference: 320.200 

(G) Disabled Person 

A disabled person is one who is under the age of 65 and who meets the 
medical criteria for disability that are required for eligibility for 
the EAEDC program. 

Manual Reference: 320.200, 320.210, 320.220 

(H) Dependent Child 

A dependent child is a needy child who is under the age of 18 living 
with his or her natural or adoptive parents or other adult grantee a 
majority of the time. 

The term dependent child, as used throughout these regulations, is 
understood to include the plural. 

Manual Reference 320.400 

(I) Elderly Person 

A person age 65 or older who meets the requirements for eligibility 
for the EAEDC program. 

Manual Reference: 320.100 

(J) Eligibility Process 

The eligibility process consists of those activities that are 
required in all cases as part of the basic provision of benefits. 
These activities begin with the application for assistance, include 
redetermination of eligibility and case maintenance activities, and 
end with notification and appeal provisions. 

Manual Reference: 319.000 

(K) Fair Hearing 

A fair hearing is a proceeding conducted by an impartial officer of 
the Division of Hearings to review an action proposed, taken or not 
taken by the Department, which has been appealed. 

Manual Reference: 319.600, 343.050 






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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 10/91 (3 of 4) Page 318.500 '• 

(L) Filing Unit 

The filing unit comprises those persons whose income and assets must 
be considered in determining eligibility and the amount of the grant 
for the assistance unit, regardless of whether they are included in 
the assistance unit. 

Manual Reference: 321.320 

(M) Grant 

The grant is the total amount of financial assistance that an 

assistance unit is eligible to receive on a monthly basis. It is 

paid in the form of semi-monthly checks to the grantee, or in the 

form of vendor payments to providers of goods and services on behalf 
of recipients. 

Manual Reference: 321.500 

(N) Grantee 

The grantee is the person who receives the grant for the assistance 
unit. 

Manual Reference: 320.400 

(0) Household 

The household comprises all those persons who live together. The 
assistance unit, the filing unit, and the household may or may not be 
the same group of persons. 

Manual Reference: 320.400 

(P) Income 

Income is any money, goods, or services, not defined as assets in 
these regulations, received from any source, such as salaries, wages, 
tips, bonuses, annuities, free shelter or utilities. 

Manual Reference: 321.200 

(Q) Notice 

Notice is a written statement of an action proposed or taken by the 
Department, including the reasons for the action, an appropriate 
citation to these regulations, and an explanation of any right to 
appeal. Timely notice is mailed in advance of the date the proposed 
action is effective, or in specific cases, no later than the date the 
action is effective. 

Manual Reference: 319.500, 343.140, 343.200, 343.210 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

GENERAL POLICIES Chapter 318 

Rev. 10/91 (4 of 4) Page 318.500 

(R) Recipient 

A recipient is any person included in the assistance unit. 

Manual Reference: 321.310 
(S) Redetermination 

A redetermination is a periodic reevaluation of eligibility. 

Manual Reference: 319.200 

(T) Related Benefits 

Related benefits are benefits other than the grant that are 
authorized by the EAEDC program. 

Manual Reference: 322.000 

(U) Standard of Assistance 

The standard of assistance is the maximum amount that an assistance 
unit may receive as a monthly grant. 

Manual Reference: 321.420 

(V) Vendor Payments 

Vendor payments are payments that are made directly to a provider of 
goods or services on behalf of a recipient of EAEDC. Vendor payments 
include protective payments made because of mismanagement of funds. 

Manual Reference: 323.600 

(W) Verification 

Verification is the process of ensuring the validity of a statement 
or circumstance for purposes of determining or redetermining the 
eligibility of an applicant or recipient. 

Manual Reference: 319.300 

(X) Voucher 

A voucher is a Department form authorizing a vendor payment. 

Manual Reference: 323.600 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 3 19. XXX 

SECTION 

319. XXX TABLE OF CONTENTS 

319.000 Overview of the Eligibility Process 

319.100 The Application Process 

319.110 Filing of Applications 

319.120 The Application Interview 

319.130 Application Activities 

319.135 Responsibility for Eligibility Determination 

319.140 Concluding the Application Process 

319.150 Date Assistance Begins 

319.160 Time Standards for Application 

319.170 Reapplications 

319.180 Meeting Application Time Standards 

319.200 Redetermination 

319.210 Frequency of Redetermination 

319.220 The Redetermination Interview 

319.230 Redetermination Activities 

319.240 Concluding the Redetermination Process 

319.300 Verification 

319.310 Responsibility for Verification 

319.315 Responsibility for Verifying Continued Eligibility 

319.320 Information from Government Sources 

319.330 Frequency of Verification 

319.340 Methods of Verification 

319.400 Case Maintenance 

319.410 Documentation in the Case Record 

319.500 Notification of Proposed Action 

319.600 Appeals 

319.610 Continued Assistance Pending Appeal Decision 

319.700 Development of Other Benefits 

319.710 SSI Benefits 

319.715 Unemployment Compensation Benefits 

319.720 Veterans' Services Benefits 

319.730 Medical Assistance (MA) 

319.800 Assignments for Third Party Recoveries 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 -■ Page 319.000 

319.000: Overview of the Eligibility Process 

The eligibility process consists primarily of the determination and 
redetermination of eligibility. Verification, case maintenance, 
notification, and consideration of the appeal, if any, are activities 
which support the determination and redetermination of eligibility. 

The various activities that compose the eligibility process are described 
in the following sections: 

(A) Applications, Section 319.100; 

(B) Redeterminations, Section 319.200; 

(C) Verification, Section 319.300; 

(D) Case Maintenance, Section 319.400; 

(E) Notification, Section 319.500; 

(F) Appeals, Section 319.600; 

(G) Development of Other Benefits, Section 319.700; and 

(H) Assignments for Third Party Recoveries, Section 319.800. 

319.100: The Application Process 

The application process consists of all the activities conducted for the 
purpose of determining the eligibility of an EAEDC applicant. These 
activities are initiated with the filing of an application and concluded 
with a final disposition of the application. 

319.110: Filing of Applications 

(A) Right to Apply 

Every person has the right, and must be afforded the opportunity, to 
apply for EAEDC. Individuals who inquire about assistance must be 
provided with oral and written informational material about the 
benefits, conditions of eligibility, rights and responsibilities 
associated with the EAEDC Program. 

If requested, an application must be taken even though an individual 
appears to be ineligible. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.110 - 

(B) Definition 

An application is a signed and dated request for assistance on a form 
prescribed by the Department. The application is filed when the 
applicant signs and dates the prescribed form(s). The application is 
completed by the worker during an intake interview. 

An application is distinguished from an inquiry, which is simply a 
request for information about the EAEDC Program or its eligibility 
requirements. An inquiry may result in an application, referral to 
another agency, or no further action. 

(C) Activities to be Completed Vithin 24 Hours 

If the worker cannot complete the application form within 24 hours of 
filing, excluding weekends and holidays, he, she, or a Department 
representative, shall within 24 hours, complete the following 
activities: 



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(1) Log the case in Department records. Logging includes recording 
the applicant's name, address, telephone number, and the date on 
which the application for assistance was filed; 

(2) Ask the applicant about, and make provisions to meet, his or her 
immediate needs, in accordance with 106 CMR 319.130(F); 

(3) Orally inform the applicant of the steps that he must take to 
complete the application and of general verification 
requirements and have the applicant sign and date the first part 
of the application form; 

(4) Schedule within seven calendar days any additional interview(s) 
that may be necessary to permit mailing of the first check or 
denial of the application within 30 calendar days. 

(a) If the applicant fails to appear for the scheduled 
interview, the interview shall be rescheduled for the 
earliest possible date. 

(b) If the applicant fails to appear for two scheduled 
interviews, the application shall be denied for unreasonable 
failure to cooperate. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

• THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.120 

319.120: The Application Interview 

Each determination of eligibility shall include a face-to-face interview 
between the applicant and a worker. 

319.130; Application Activities 

(A) Completion of Forms 

The form for the determination of initial eligibility shall be 
specified by the Department. The worker is responsible for the 
completion of the form which is then signed by both the worker and 
the applicant. 

(B) Identification of the Applicant 

The worker must establish the identity of the applicant. Proof of 
identity may be a Social Security card, driver's license, voter 
registration card, military service papers, marriage license, 
employment papers or any of the items in 106 CMR 320.500 used in the 
verification of age. 

(C) Development of Other Benefits 

The worker must review with the applicant any other benefits which 
the applicant or member(s) of the ass. stance unit may be entitled 
such as Social Security, SSI, Veterans' Services Benefits (VSB), 
Unemployment Compensation, or Workers' Compensation. See 106 CMR 
319.700: Development of Other Benefits . 

(D) Explanation of Rights and Responsibilities 

The applicant must be informed at the time of application of the 
rights and responsibilities associated with the EAEDC Program. See 
106 CMR 318.300: Rights of Applicants and Recipients , and 106 CMR 
318.400: Responsibilities of Applicants and Recipients . 

(E) EAEDC-Related Benefits and Services 

The worker must inform the applicant that eligibility for EAEDC 
benefits will confer eligibility for EAEDC Medical Services; that he 
or she may choose to apply for food stamps as part of the EAEDC 
application process and that his or her food stamp eligibility will 
be determined according to food stamp eligibility criteria. 
He or she may make a separate application for Medical Assistance. 
The worker must make any necessary arrangements for referrals for 
other EAEDC-related benefits or services. See Chapter 322: Related 
Benef i ts. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.135 "■ 

(F) Immediate Needs 

At the intake interview, or within 24 hours of the filing of the 
application if the intake interview cannot be held immediately, the 
worker must ask the applicant if he or she is in immediate need of 
food, shelter (including rent, fuel and utilities) or medical care. 
If so, and if the applicant appears to be eligible based on the 
information available, the worker shall inform the applicant of the 
option to receive an advance on the EAEDC payment in the form of a 
shelter voucher; of the availability of an over-the-counter 
Authorization to Participate (ATP) for food stamps; of the option to 
receive an advance on the EAEDC payment in the form of a food voucher 
if he or she appears to be ineligible for food stamps; of the option 
to receive a temporary MassHealth card, if needed. 

If any of the above is requested, and the applicant appears to be 
eligible for EAEDC, the worker shall provide the food and shelter 
vouchers and the OTC/ATP immediately, and the Temporary MassHealth 
Card within one working day of the request. 

(G) Verification of Information 

The worker shall require verification of the applicable eligibility 
factors for which verification is currently required. See 106 CMR 
319.300: Verification and 106 CMR 319.310: Responsibility for 
Verification . 

The worker shall also inform the applicant of the required 
verif ication(s) by a written notice on a form prescribed by the 
Department. The notice shall include a list of common forms of 
documentation that may be submitted to satisfy the verification 
requirement and a statement advising the applicant of the availa- 
bility of worker assistance. The form should be given to the 
applicant immediately but in any case must be received by him or her 
within seven calendar days of the date of application. 

319.135: Responsibility for Eligibility Determination 

Individuals and families shall make application at the local office 
serving the community in which they currently reside. 

If the applicant subsequently moves to an area covered by another office 
before a determination of eligibility is made, the original office shall 
retain responsibility for completing the application process. The new 
office shall cooperate with the original office and shall assist the 
applicant when necessary. If the applicant is determined eligible, the 
case shall be established and transferred by the original office within 10 
calendar days of the eligibility determination to the new office. 

319.140: Concluding the Application Process 

The application process shall be concluded by a determination of approval 
or denial of assistance unless the applicant voluntarily withdraws his or 
her application. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 ~j_ Page 319.140 ' 

The approval or denial must be fully supported by the facts recorded in the 
case record. 

Immediately upon the determination, adequate notice (see 106 CMR 319.500: 
Notification of Proposed Action ) shall be sent to the applicant, or next of 
kin, if appropriate. 

(A) Eligibility 

If the applicant is determined to be eligible, he or she shall be 
notified in writing of the approval. The notice to the applicant shall 
include the effective date of eligibility; the amount of assistance 
authorized; the calculations used in the income determination; and an 
explanation of the right to appeal. 

(B) Ineligibility 

If the applicant or any other family member(s) for whom assistance is 
requested is determined to be ineligible, the applicant shall be 
notified in writing of the denial. 

If the worker is unable to complete the application process solely 
because of the lack of verif ication(s) required to make a 
determination of eligibility, assistance shall also be denied. 
The written notice of denial shall include the reason(s) for the 
denial; the specific regulations supporting the denial; and an 
explanation of the right to appeal. If eligibility is denied because 
the assistance unit's income exceeds the Standard of Assistance, the 
notice shall also include the calculations used in the income 
determination. 

If the applicant appeals a denial in which the sole issue is the lack 
of verification and if the applicant subsequently provides the 
required verifications during the appeal process, an adjustment may 
be made in accordance with 106 CMR 343.350(B)(1) of the Fair Hearing 
Regulations. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.150 •" 

(C) Voluntary Vithdraval 

The applicant may voluntarily withdraw his/her application at any time. 
The request must be made in writing and must be confirmed by a notice 
sent to the applicant and recorded in the case record. 

(D) Death 

If the worker is advised of the death of the applicant, assistance is 
denied. Verification of the death consists of contact with the funeral 
director or an appropriate third person, or a newspaper obituary or other 
media communication. 

In cases of death, the worker must send a letter to the personal 
representative of the estate advising that assistance is being 
denied, and stating the reason. 

(E) Unable to Locate 

If the worker is unable to locate the applicant after reasonable 
attempts, assistance must be denied. The worker shall notify the 
applicant by mail at the given address of these efforts and allow a 
reasonable time for response. If no response is received or if mail 
is returned by the postal service as undeliverable with no forwarding 
address, assistance is denied. 

319.150; Date Assistance Begins 

Assistance to eligible applicants begins on the date of application 
provided the submitted verifications demonstrate that the applicable 
categorical and financial eligibility factors have been met as of that 
date. The date of application is the date on which the full application 
form was signed and dated, or the date on which the first part of the 
application form was signed and dated and the case was logged in 
Department records, whichever is earlier. 

If the verifications submitted during the application process do not 
establish eligibility on the date of application, assistance begins on the 
date on which the verifications demonstrated that the eligibility 
requirements in Chapters 320 and 321 have been met by the applicant, 
provided this date does not precede the date of application. 

319.160; Time Standards for Applications 

(A) Completed Verifications 

For those applicants who provide all required verifications within 22 
calendar days of the date of application, the determination of 
eligibility shall be completed so that the first check or notice of 
denial is mailed within 30 calendar days of the date of application. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

•■■ THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.160 

(B) Extensions 

Applicants who have not submitted verifications by the 22nd calendar day 
from the date of application shall receive an eight-calendar-day extension 
to obtain and submit the required verifications. At the time the eight 
day extension is granted, the worker shall send the applicant a list of 
all outstanding eligibility factors to be verified and the alternative 
verifications allowed for those eligibility factors. The worker shall 
advise the applicant that assistance is available to obtain such verifica- 
tion. An additional 15-calendar-day extension may be granted to ap- 
plicants who make a written request for such an extension and who have a 
reasonable explanation for not having submitted all verifications. The 
applicant's written request for an extension must be received by the 
office by the 30th day following the date of application. Reasonable 
explanations for granting an extension include but are not limited to the 
following: 

(1) the verification is dependent on a third party and the applicant has 
taken all necessary steps on his or her part to obtain it; 

(2) demonstrated serious illness or incapacity of the applicant or other 
family member has delayed provision of the required verifications. 

The worker shall make a determination of eligibility so that a check or 
notice of denial is mailed within eight calendar days of the receipt of 
all verifications. 

If by the last day of the initial eight-day extension period the applicant 
fails to either submit all verifications or request an additional exten- 
sion, the worker shall deny the application for lack of verif ication(s) 
required to make a determination of eligibility. 

If an additional extension is requested and granted and by the final day 
of the 15-day-extension period the applicant fails to submit all verifica- 
tions, the worker shall deny the application for lack of verif ication(s) 
required to make a determination of eligibility. 






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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 ■ Page 319.170 



> 



319.170; Reapplication 

An individual whose application for EAEDC has been denied has the right, 
and must be afforded the opportunity, to reapply for EAEDC in accordance 
with 106 CMR 319.100 through 319.160. 

If a reapplication is submitted, it shall be associated with the original 
application and the applicant shall not be required to resubmit any 
verifications that are in the case record that are not subject to change. 

319.180: Meeting Application Time Standards 

(A) If an applicant submits all required verifications, and an initial 
check or notice of denial is mailed within 30 calendar days of the 
date of application, the Department shall be considered to have met 
its application time standards. 

(B) If an applicant was informed orally within 24 hours of the date of 
application of general verification requirements and in writing 
within seven calendar days of the date of application of specific 
verification requirements (see 106 CMR 319.110(C) and 319.130(G)), 
the Department shall be considered to have met its application time 
standards if: 

(1) The applicant submits all required verifications within 22 
calendar days of the date of application and an initial check or 
notice of denial is mailed within 30 calendar days of the date 
of application; or 

(2) The applicant is granted an extension under 106 CMR 319.160 and 
an initial check or notice of denial is mailed within eight 
calendar days of the receipt of all verifications. 

(C) If an applicant was informed orally within 24 hours of the date of 
application of general verification requirements (see 106 CMR 
319.110(C)), but due to the applicant's failure to keep a scheduled 
appointment (see 106 CMR 319.110(C)(4)) was not informed in writing 
within seven calendar days of the date of application of specific 
verification requirements (see 106 CMR 319.130(G)), the Department 
shall be considered to have met its time standards if: 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

- THE ELIGIBILITY PROCESS Chapter 319 
Rev. 1/92 Page 319.200 

(1) The applicant is provided with a written notice of the specific 
verification requirements at the time of the intake interview; 
and 

(2) An initial check or notice of denial is mailed within eight 
calendar days of receipt of all verifications. 

319.200: Redeterminations 

A redetermination is a periodic review of a recipient's circumstances in 
relation to the eligibility requirements of the EAEDC Program. A 
redetermination is necessary to establish that a recipient remains 
eligible to receive assistance. The focus of the redetermination process 
is on those factors of eligibility that are potentially subject to change. 

319.210: Frequency of Redeterminations 

A recipient's eligibility shall be redetermined no less than once every 
six months. A recipient's eligibility may be redetermined more frequently 
if the Department determines it to be necessary for the management of the 
program. 

319.220: The Redetermination Interview 

A face-to-face interview is required at each redetermination. As 
determined by the Department, this interview may take place in the local 
office or in the home. 

One purpose of the interview is to obtain information for an accurate and 
complete redetermination of current eligibility. 

A second purpose of the redetermination interview is to provide a method 
for identifying situations in which a question of fraud in the program 
exists. 

The worker may not question the recipient about any past circumstances 
which are the object of an ongoing investigation by the BSI. 

319.230: Redetermination Activities 

(A) Form 

A Department-prescribed form must be completed for the 
redetermination of eligibility for EAEDC. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.240 

(B) Verification 

Verification of eligibility factors not previously verified, or 
reverif ication of factors subject to change, shall be required. 
Factors subject to change include, but are not limited to, income, 
assets, disability and household composition. 

(C) EAEDC-Related Benefits; Development of Other Benefits 

The worker shall make any necessary referrals or arrangements for 
EAEDC-related services or benefits, and inquire about any non-EAEDC 
benefits which may have become available to the recipient. 

319.240: Concluding the Redetermination Process 

Each redetermination of eligibility shall be concluded by a finding of 
continued eligibility and of the proper amount of the grant, or by a 
finding of ineligibility. If the worker is unable to complete the 
redetermination because the recipient has died or cannot be located, 
assistance shall be terminated upon notification of death or after 
allowing reasonable time for recipient response to worker notification. 
(See 106 CMR 319.140: Concluding the Application Process .) 

Assistance shall be terminated upon proper notification when the worker is 
unable to complete the redetermination due to (1) lack of verifica- 
tion(s) required to determine eligibility, or (2) lack of response to the 
redetermination notice. 

The recipient shall be notified of any proposed action that results from 
the redetermination in accordance with 106 CMR 319.500: Notification of 
Proposed Action . 

If the recipient requests an appeal of a reduction/termination of benefits 
in which the sole issue is the lack of verifications and if the recipient 
subsequently provides the required verifications during the appeal 
process, the Department shall take action in accordance with 106 CMR 
343.350(B) of the Fair Hearing Regulations. 

The redetermination of eligibility must be fully supported by the facts 
recorded in the case record. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

- THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.300 



319.300; Verification 



Verification is the validation of oral or written statements by means of 
documentation, third party contacts, and self-declarations by the ap- 
plicant/recipient in accordance with 106 CMR 319.340. Verification must be 
provided during the eligibility or redetermination process or at the time 
of changes affecting eligibility (see 106 CMR 319.330: Frequency of 
Verification). All documentation, as well as information obtained through 
third party contacts, shall be made part of the case record. 

The following eligibility factors must always be verified in accordance 
with the frequency required by 106 CMR 319.330. Verifications that exist 
in another case record shall be used to verify those factors that are not 
subject to reverif ication. 

(A) age; 

(B) incapacity; 

(C) citizenship or alienage; 

(D) residence; 

(E) application for a social security number; 

(F) application for SSI; 

(G) income; and 

(H) assets. 

The Department shall require verification of factors not listed above when 
the information available to the Department is contradictory, inconsistent 
or incomplete, or the Department determines that verification is necessary 
to ensure efficient administration of the EAEDC Program. 

When verification is required, only the documentation specified in the 
relevant sections of this manual is acceptable unless unavailable in 
accordance with 106 CMR 319.315. Alternative methods of verification for 
unavailable documents shall be accepted in accordance with 106 CMR 
319.340. If none of the verifications listed in these regulations 
adequately resolves an eligibility issue, the worker may require verifica- 
tion from other sources. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.310 ■ 

319.310: Responsibility for Verification 

To establish eligibility for EAEDC, the applicant or recipient must meet 
categorical and financial eligibility requirements. The applicant or 
recipient must submit the verifications required by EAEDC policy to 
demonstrate that he or she meets these eligibility factors. 

(A) The applicant or recipient is responsible for the following: 

obtaining the required verif ication(s) ; 

contacting the worker if there is a delay or difficulty in 
obtaining the verif ication(s) ; 

cooperating with the worker to obtain the verif ication(s) when 
worker assistance is requested; and 

signing collateral consent forms, if necessary. 

(B) The worker is responsible for the following: 

identifying the eligibility factors that must be verified; 

identifying and providing written notice of the specific 
documents and the alternative documents, if applicable, that 
must be submitted to verify the eligibility factors; 

advising the applicant or recipient of the consequence of 
failure to provide verif ication(s) ; 

explaining the reason verifications are needed when requested 
and offering suggestions of where and how to obtain the veri- 
f ication(s) ;and 

assisting in obtaining required verif ication(s) when the worker 
is aware that the applicant or recipient is unable to obtain the 
verif ication(s) for reasons beyond his or her control. 

If the required documentation is not submitted and the worker is unable to 
obtain such verification or to determine if the EAEDC eligibility factors 
have been met, assistance for the affected household member(s) must be 
denied, terminated or reduced. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.315 

319.315; Responsibility for Verifying Continued Eligibility 

The recipient is responsible for providing verification of those eligibil- 
ity factors that have not previously been verified as well as those that 
are subject to change in accordance with Section 302.330. The recipient 
is responsible for cooperating with the worker in obtaining verifica- 
tions) of continued EAEDC eligibility, or for providing an acceptable 
reason for the unavailability of the verif ication(s) within 10 calendar 
days of the worker's request. 

The following are acceptable reasons for unavailability: 

(A) the verification is dependent on a third party and the recipient has 
taken all necessary steps on his or her part to obtain it; 

(B) illness or incapacity of the recipient or other family member has 
delayed provision of the required verif ication(s) ; 

(C) the recipient was not adequately informed of his or her respon- 
sibility to provide the required verif ication(s) ; 

(D) the recipient was not informed of the specific documents, including 
alternative verif ication(s) , required to verify the eligibility 
factor; or 

(E) other circumstances beyond the control of the recipient prevented him 
or her from obtaining the verif ication(s) . 

If one of the above situations applies, the recipient shall be informed of 
alternative verification methods, including self-declaration, in accor- 
dance with 106 CMR 319.340, and allowed an additional 10 calendar days to 
meet his or her verification responsibility. The worker shall also offer 
assistance in obtaining any requested documents and/or shall use col- 
lateral contact as a means of verification in accordance with 106 CMR 
319.340(C). 

If the benefits of any member of the assistance unit are terminated or 
reduced due to the lack of verif ication(s) needed to make a determination 
of eligibility, the recipient must be sent a written notice of adverse 
action. See 106 CMR 319.500: Notification of Proposed Action . 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.320 ' 

319.320: Information from Government Sources and Banks 

The applicant or recipient must be informed that the Department will 
regularly request information from other sources for purposes of verify- 
ing eligibility. These include banks and other financial institutions, 
the Department of Employment and Training, the Registry of Motor Vehicles, 
the Bureau of Vital Statistics, Veterans' Services, the Department of 
Revenue, the Bureau of Special Investigations, the Internal Revenue 
Service, the Social Security Administration, and other programs 
administered by the Department of Public Welfare. 

The Department need not obtain the prior approval of the applicant or 
recipient to acquire and use information from banks or government sources 
to verify eligibility. 

319.330: Frequency of Verification 

Some information, because it is not subject to change, need only be 
verified once unless at a later date questions are raised about the 
current validity of the verification or unless the Department has reason 
to believe that a change has or may have occurred for which reverif ication 
is required. Such information includes, but is not limited to, the 
following: age; alienage; application for potential benefits; application 
for an SSN; identity; and relationship. 

Information that is subject to frequent change must be reverified at 
redetermination, at times of reported changes, or whenever the Department 
receives information that a change has or may have occurred that affects 
continued eligibility. Such factors include, but are not limited to, bank 
deposits; cash on hand; incapacity; health insurance coverage; assets; 
income; IRAs, Keoghs and pension plans; school attendance; securities; and 
work-related expenses. 

Other factors are subject only to occasional change and therefore need 
only be reverified at the time of a reported change or whenever the 
Department has reason to believe that a change has or may have occurred 
for which verification is required. Such information includes, but is not 
limited to, the results of an application for a potential benefit; the 
receipt of an SSN following application; the fair market and equity value 
of real estate and vehicles; living arrangement; temporary absence; 
residence; joint ownership of assets; and inaccessibility of assets. 

Chapters 320 and 321 contain information regarding specific eligibility 
factors (including those not mentioned in this section); the acceptable 
verification of those eligibility factors; and the frequency with which 
they must be verified. 

The provisions of this section shall not apply whenever verification of an 
eligibility factor is required because the originally submitted 
documentation is missing or has been destroyed. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319. 340 ' 

319.340: Methods of Verification 

The acceptable sources of verification are detailed in the sections of 
these regulations where the eligibility requirement is stated. The method 
of verification differs depending upon the nature of the information. 

If one method of verification is preferred to another, the preferred 
method is stated. 

Methods of verification include original documents, collateral contacts, 
self-declarations, and worker observation. 

(A) Original Documents 

When the verification is an original document, a photocopy of the 
document must be made, if possible. 

If circumstances prevent the photocopying of a document and a copy is 
not available, the worker shall record in the case record the date 
and source of the document, a summary of its contents and the date 
the summary was made. The applicant or recipient shall be permitted 
to keep the original document. 

(B) Collateral Contact 

Collateral contact is verbal or written confirmation of a house- 
hold's circumstances by a third party, and it may be used to verify 
certain types of information. The worker shall obtain written 
consent from the applicant or recipient for each contact, except as 
specified in 106 CMR 319.320: Information from Government Sources and 
Banks . If the applicant or recipient refuses to allow the Department 
to verify information by contacting a third party, assistance shall 
be denied, terminated, or reduced unless the applicant/recipient 
provides alternative verification. 

Statements from third parties may be accepted in person, through the 
mail, and over the phone. 

The worker shall evaluate the acceptability of the statement as 
verification of the particular information. 

The worker shall record the date on which the statement was made, the 
relevant information, the identification and position of the person 
making the statement, and a means of contacting that person in the 
future should it become necessary to support the applicant's or 
recipient's right of rebuttal at a hearing, if requested. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.400 



(C) Self-Declarations 



A self-declaration is a written statement of fact that may be given 
by the applicant or recipient or by a third party who has firsthand 
knowledge of the circumstances of the applicant/recipient. 

A self-declaration may be accepted as verification of the following 
eligibility factors when the applicant or recipient and the worker 
have taken all necessary steps to obtain through collateral contact 
the documentary evidence required by Chapters 320 and 321 and the 
original document is not available: cash on hand, inaccessibility of 
joint bank accounts and securities, age, temporary absence, and 
health insurance coverage. 

The self-declaration shall be filed in the case record. 

(D) Worker Observation 

Some information may be verified by worker observation. 



319.400: Case Maintenance 



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Case maintenance consists of action necessary to issue payments, adjust 
the grant amount, change an address, update the Department's computerized 
files, implement regulatory or procedural changes, and document any action 
taken and the reasons for such action in the case record. The time 
standards for case maintenance actions are set forth in 106 CMR 318.530: 
Table of Time Standards. 



319.410: Documentation in the Case Record 

The case record is the permanent collection, in written form, of the 
information necessary for determining eligibility and providing benefits 
and referrals for services. 

All decisions regarding eligibility and case actions must be based on 
information documented in the case record. 



Information in the case record is protected by provisions of con- 
fidentiality. See 106 CMR 318.320: Right to Confidentiality . The 
applicant or recipient has access to information in the case record in 
accordance with the right to information. See 106 CMR 318.330: Right to 
Information. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.500 

319.500: Notification of Proposed Action 

The applicant or recipient must be provided with written notice of any 
action proposed by the Department that would affect his or her claim to an 
assistance grant, food stamps, Medical Assistance, or other benefits. 

Such notice must include a statement of the proposed action, including the 
amount of financial assistance; the reasons for the proposed action; 
citation to the regulations supporting the action; and an explanation of 
the recipient's right to request a fair hearing. Time standards for 
notification are set forth in 106 CMR 343.140: Time Limits and 343.210: 
Timely Notice Exceptions . 

319.600: Appeals 

Information regarding the appeal process, the applicant's or recipient's 
right to request a fair hearing, and the time standards governing appeal 
procedures are found in 106 CMR 343.000 et . seq . , Fair Hearing Rules. 

319.610: Continued Assistance Pending Appeal Decision 

Assistance may not be reduced or terminated unless waived by the recipient 
until a decision is rendered after a hearing, provided the recipient 
requested the hearing within the time limits set forth in 106 CMR 343.000 
et . seq . , Fair Hearing Rules , and none of the situations set forth in 106 
CMR 343.250(B) and (C): Continuation of Benefits Pending Appeals pertains. 

Assistance paid pending the appeal is subject to recoupment if the 
Department's action is upheld. 



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Trans, by S.L. 951 • 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-• THE ELIGIBILITY PROCESS Chapter 319 
Rev. 1/92 Page 319.700 

319.700: Development of Other Benefits 

An applicant or recipient of EAEDC who may be eligible to receive other 
benefits, including, but not limited to, Social Security, Supplemental 
Security Income, Railroad Retirement, and Workers' Compensation, must 
apply for these benefits as a condition of eligibility. 

If such benefits are available at the time of application, the applicant 
must apply for them at that time. Assistance may be provided until actual 
benefits are received, except as specified in 106 CMR 319.715 and 106 CMR 
319.720. At the time of receipt of benefits, eligibility will be 
redetermined. 

If these or other benefits become available during receipt of assistance, 
the recipient must apply for such benefits to remain eligible for EAEDC. 
Eligibility will be redetermined when the benefit is actually received. 

319.710; SSI Benefits 

An applicant or recipient who appears to meet the age or disability 
standards for Supplemental Security Income (SSI) must apply for and 
cooperate in the SSI application process as a condition of receipt of 
EAEDC benefits. The application must be completed within the applicable 
EAEDC application or redetermination time standards. 

A person appears to meet the SSI standards for disability if he or she is 
unable to or has a reduced capacity to work because of a physical or 
mental impairment that has lasted or is expected to last one year or more. 

An applicant or recipient who must apply for SSI as a condition of EAEDC 
eligibility must complete a form prescribed by the Department that 
authorizes reimbursement to the Department of EAEDC assistance received 
pending SSI approval. Verification of an application for SSI shall be by 
a signed statement by an SSA office designated staff person. When an 
EAEDC applicant or recipient who is required to apply for SSI fails to 
apply for and cooperate in the SSI application process, he or she is 
ineligible for EAEDC and his or her assistance shall be denied or 
terminated. 

319.715; Unemployment Compensation Benefits 

An applicant or recipient who appears to be eligible for Unemployment 
Compensation benefits must apply for such benefits. A person who is 
eligible for Unemployment Compensation is not eligible for EAEDC, 
including while the application is being processed and during any waiting 
period for Unemployment Compensation benefits. A written notification of 
eligibility or ineligibility for Unemployment Compensation must be 
provided by the EAEDC applicant or recipient to the Department before a 
determination can be made for EAEDC. 



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Trans, by S.L. 951 . 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

,. THE ELIGIBILITY PROCESS Chapter 319 
Rev. 1/92 Page 319.720 

319.720; Veterans' Services Benefits 

An applicant or recipient may be eligible for non-Federal Veterans' 
Services Benef its(VSB) under Massachusetts General Laws, Chapter 115. 
Such an EAEDC applicant or recipient is not eligible for EAEDC. The 
worker must advise the applicant or recipient who may be eligible for 
Veterans' Services Benefits that he or she must apply for such benefits as 
a condition of eligibility for EAEDC before a determination of eligibility 
for EAEDC can be made. A written notification of eligibility or 
ineligibility from the Veterans' Services office must be provided by the 
applicant before a determination of eligibility for EAEDC can be made. 
Any time that an EAEDC recipient appears to be eligible for VSB, he or she 
must apply for such benefits and provide written notification of 
ineligibility from the Veterans' Services office as a condition of 
continuing EAEDC eligibility. 

319.730; Medical Assistance (MA) 

An EAEDC applicant or recipient who is under 18 or aged 65 or older must 
apply for Medical Assistance as a condition of eligibility for EAEDC. 
Failure to complete the application and/or redetermination process by such 
persons shall result in the denial or termination of EAEDC benefits. An 
EAEDC applicant or recipient who is between the ages of 18 and 65 may 
apply for Medical Assistance if he or she chooses but such application is 
not a condition of EAEDC eligibility. 

319.800; Assignments for Third Party Recoveries 

Benefits may be provided under the EAEDC, Medical Assistance, or Emergency 
Assistance programs as a result of an accident, injury, or illness. When 
payment may be provided by liability insurance, Workers' Compensation, or 
other source, the Department requires an assignment which conveys and 
transfers to the Department the right to recover an amount equal to the 
benefits provided as a result of said accident, injury, or illness. This 
assignment is required as a condition of initial and continuing 
eligibility at application, redetermination, or at any time that the 
information becomes known to the Department. 

The applicant or recipient is required to notify the Department, in 
writing and in accordance with the time frames specified in 106 CMR 
318.420, when a claim for compensation or recovery has begun, and of any 
settlement negotiations before they become final. A claim includes, but 
is not limited to; 

(1) a court action or other proceeding; 

(2) notification to the applicant's or recipient's own insurance 
company; and/or 

(3) notification to any third party who may be liable. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

THE ELIGIBILITY PROCESS Chapter 319 
Rev. 10/91 Page 319.800 '. 

It is the responsibility of the applicant or recipient to provide the 
details of a claim for any member of the assistance unit. The information 
required includes, but is not limited to, the following: 



(1 
(2 
(3 
(A 



(5 
(6 

(7 
(8 



name and address of the applicant or recipient; 

date and place of the accident, injury, or illness; 

type of case (i.e., industrial accident, automobile, etc.); 

explanation of the circumstances surrounding the accident, 
injury, or illness and the status of the case; 

name and address of the applicant's or recipient's attorney; 

name and address of all insurance companies involved including 
Personal Injury Protection (PIP) carriers, and the name of the 
insured individual; 

a copy of the applicant's or recipient's automobile insurance 
Coverage Selection Page (if involved in an automobile accident); 

a copy of any other type of insurance that the applicant or 
recipient owns that may be applicable; 



(9) a copy of any complaints and/or other legal documents filed by 
the applicant or recipient or on his or her behalf or on behalf 
of any member(s) of the assistance unit; and 

(10) a copy of the police report (if applicable). 

Upon any partial or final settlement of the case, the applicant or 
recipient who signed the original assignment or his or her attorney or 
authorized representative (if the recipient has one) is required to 
provide the Department with information on the amount of the settlement 
and the details surrounding it. 

Failure to comply with any of these provisions is grounds for denial, 
closing, and/or referral to the Bureau of Special Investigations. 

Workers may not compute the amount of a lien, but must make a referral to 
the Assignment Collection Unit, which is the only authorized agent for 
computing the amount of a lien. 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

...CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 1/92 Page 320. XXX 



SECTION 



TABLE OF CONTENTS 



320.000 Overview of Categorical Requirements 

320.100 Elderly - 65 Years of Age or Older 

320.200 Disabled 

320.210 Listing of Impairments 

320.220 Vocational Factors - Definitions 

320.250 Participant in a Massachusetts Rehabilitation Commission Program 

320.300 Caring for the Disabled 

320.400 Family 

320.450 Student 

320.500 Age 

320.510 Identification of the Applicant 

320.520 Resident 

320.530 Place of Residence 

320.540 Temporary Absence 

320.550 Disqualifying Absences 

320.600 Citizens, Aliens, and Canadian-Born Indians 

320.610 Citizens 

320.620 Aliens 

320.630 Deeming of an Alien Sponsor's Income and Assets 

320.640 American Indians Born in Canada 

320.650 Decision of Alien to Apply for Assistance 

320.660 Disclosure of Information to INS 

320.700 Social Security Number 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 10/91 Page 320.000 

320.000: Overview of Categorical Requirements 

In order to receive EAEDC, an applicant or recipient must meet all of the 
applicable eligibility requirements. Only those persons identified in 
this chapter may be eligible for assistance under EAEDC. These 
requirements are of two types: categorical and financial. 

This chapter presents the categorical requirements for EAEDC eligibility 
under the following headings: 

(A) Elderly - 65 Years of Age or Older, 106 CMR 320.100; 

(B) Disabled, 106 CMR 320.200; 

(C) Participant in a Massachusetts Rehabilitation Commission 
Program, 106 CMR 320.250 

(D) Caring for the Disabled, 106 CMR 320.300; 

(E) Family, 106 CMR 320. 400; 

(F) Student, 106 CMR 320.450 

(G) Age, Identity, Resident, Place of Residence, Temporary Absences, and 
Disqualifying Absences, 106 CMR 320.500; 

(H) Citizens, Aliens and Canadian-Born Indians, 106 CMR 320.600; and 

(I) Social Security Number, 106 CMR 320.700. 

320.100: Elderly - 65 Years of Age or Older 

(A) The applicant or recipient is 65 years of age or older and is 
awaiting determination of Supplemental Security Income (SSI) 
benefits. If the person is found to be ineligible for SSI benefits, 
she or he may be eligible for EAEDC provided the eligibility 
requirements for EAEDC are met. 

(B) Verification that the applicant or recipient is awaiting SSI benefits 
will be established on a form prescribed by the Department. 
Ineligibility for SSI will be established by the applicant's or 
recipient's letter of denial from SSI. 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-. CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 1/92 Page 320.200 



320.200: Disabled 



An applicant or recipient of EAEDC shall be eligible if he or she has a 
disability as specified below that prevents him or her from working. 
For purposes of EAEDC eligibility, an applicant or recipient shall be 
considered to be disabled if he or she: 

(A) is under the age of 65; AND 

(B) has a disability that is expected to last sixty days or more; 

(C) has a disability that meets the standards as specified in 106 CMR 
320.210, except as specified in 106 CMR 320.200(E)(2) and/or (3) 
below; 

(D) has a disability verified by a competent medical authority as 
defined in 106 CMR 318.500 on a form prescribed by the Department; 

(E) has had his or her medical records reviewed by the Medical Review 
Team when such review is required. The decision of the Medical 
Review Team is the Department's decision concerning the existence of 
a disability. The Medical Review Team shall determine whether he or 
she has a disability that either: 

(1) meets the standards specified in 106 CMR 320.210; or 

(2) does not meet the standards specified in 106 CMR 320.210, 
but he or she has a disability included in the SSI 
Listing of Impairments as specified in 20 CFR, Part 404, 
Subpart P, Appendix 1; or 

(3) does not meet the standards specified in 106 CMR 320.210, but he 
or she has a disability when consideration is given by the 
Medical Review Team to the vocational factors specified in 106 
CMR 320.220 in combination with the disability verified by the 
competent medical authority. 

(F) has applied for and cooperated in the SSI application and/or appeal 
process when required by the Department and/or the Medical Review 
Team; and 

(G) periodically submits reverif ication of his or her disability from a 
competent medical authority as defined in 106 CMR 318.500 at times 
determined by the Department and/or the Medical Review Team. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev- 10/91 ■ (1 of 24) Page 320.210 



320.210: Listing of Impairments 

(A) Musculoskeletal System 



(1) Arthritis of Any Major Joint, (hips, knees, hands or feet) 
Arthritis of any major joint must be substantiated by: 

(a) the presence of three or more of the following clinical 

findings lasting for more than 15 days and expected to last 
for at least 60 days: 



1. 


pain; 




2. 


swelling; 




3. 


tenderness; 




4. 


warmth; 




5. 


redness; 




6. 


stiffness; 




7. 


limitation of motion; 


and 



(b) corroboration of the diagnosis by at least two of the 
following: 

1. positive serologic test for rheumatoid factor; or anti- 
nuclear antibody or HLAB antigen 

2. elevated sedimentation rate; 

3. positive joint fluid culture; 

4. elevation of white blood count; 

5. significant anatomical deformity; or 

6. x-ray evidence of significant joint space narrowing or 
bony destruction. 

(2) Disorders of the Spine . Disorders of the spine must be 
demonstrated by one of the following: 

(a) x-ray evidence of significant arthritic changes manifested 
by ankylosis, or fixation, or motion limitation (objective) 

(b) Bone density evidence of significant osteoporosis manifested 
by pain and real motion limitation; 

(c) evidence of other vertebrogenic disorders (for example, 
herniated nucleus pulposus or spinal stenosis), with: 

1. pain and significant limitation of motion in the spine; 
and 

2. appropriate radicular distribution of significant 
sensory, motor, or flex abnormalities; or 

(d) evidence of acute back strain with pain and significant 
limitation of motion lasting more than 15 days and expected 
to last for at least 60 days. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (2 of 24) Page 320.210 : 

(3) Fracture of a Major Bone . When solid union has not occurred and 
incapacity is expected to last for at least 60 days. 

(4) Soft Tissue Injuries or Loss. Soft tissue injuries or loss, 
including burns, must be demonstrated by one of the following, 
which lasts more than 15 days and can be expected to last for at 
least 60 days: 

(a) significant loss which prohibits function of an upper or 
lower extremity; 

(b) significant body surface involvement; or 

(c) involvement of critical areas such as hands and feet that 
prevents their use 

(B) Special Senses and Speech 

(1) Impairment of Central Visual Acuity. Remaining vision in the 
better eye after best correction must be 20/100 or less and must 
be expected to last for at least 60 days. 

(2) Contraction of Peripheral Visual Fields. Contraction of 
peripheral visual fields in the better eye must be: 

(a) to 20° or less from point of fixation; 

(b) so the widest diameter subtends an angle no greater 
than 25° ; or 

(c) to 25 percent or less visual field efficiency; and must be 
expected to last at least 60 days. 

(3) Hearing Impairments. Hearing must not be restorable by a 
hearing aid, and the impairment must be manifested by one of the 
following: 

(a) average hearing threshold sensitivity for air conduction of 
90 decibels or greater; and for bone conduction to cor- 
responding maximal levels, in the better ear, determined by 
the simple average of hearing threshold levels at 500, 1000, 
and 2000 Hz; or 

(b) speech discrimination scores of 40 percent or less in the 
better ear; and must be expected to last for at least 60 
days. 

(4) Disturbance of Labyrinthine-Vestibular Function. Disturbance of 
labyrinthine-vestibular function (including Meniere's disease) 
must be demonstrated by one or more attacks of balance distur- 
bance and tinnitus within the 30-day period immediately preced- 
ing application for Emergency Aid to the Elderly and Disabled 
assistance. The symptoms must persist for at least 60 days and 
affect daily functions and the diagnosis must be corroborated 
by: 

(a) hearing loss established by audiometry; or 

(b) Standard vestibular test (ENG) with or without hearing loss 
established by audiometry 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 - (3 of 24) Page 320.210 . 

(C) Respiratory System 

(1) Chronic Obstructive Airvay Disease. Spirometric evidence of 
airway obstruction must be demonstrated by maximum voluntary 
ventilation (MW) and one-second forced expiratory volume (FEV1) 
with both values equal to or less than those specified in Table 
I, corresponding to height; and expected to last for at least 60 
days. 

Table I 

MW (MBC) FEV1 

equal to or equal to or 

Height less than less than 

(inches) (L/Min) And (L) 

57 or less 42 lT5~ 

58 . 43 1.5 

59 44 1.5 

60 45 1.6 

61 46 1.6 

62 47 1.6 

63 48 1.6 

64. . 49 17 

65 50 ... 1.7 

66 51 1.7 

67 52 ....... 1.8 

68 53 ........ 1.8 

69 54 ....... 1.8 

71 56 ........ 1.9 

72. . . 57 1.9 

73 or more 58 1.9 



(2) Diffuse Pulmonary Fibrosis . Diffuse pulmonary fibrosis due 
to any cause must be demonstrated by both of the following; 
and expected to last for at least 60 days. 

(a) Total vital capacity (VC) must be equal to or less than 
the values specified in Table II below, corresponding to 
height. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (4 of 24) Page 320.210 



Table II 



► 



VC 
equal to 
Height or less than 
(inches) (L) 

57 or less 1.7 

58 1.8 

59 1.8 

60 1.9 

61 1.9 

62 2.0 

63 '. 2.0 

64 2.1 

65 2.1 

66 2.2 

67 2.2 

68 2.3 

69 2.3 

70 . 2.4 

71 2.4 

72 2.5 

73 or more 2.5 



(b) Arterial oxygen tension (po2) at rest and simultaneously determined 

arterial carbon dioxide tension (pC02) values must be equal to or less 
than those specified in Table III below. 



Table III 



Arterial po2 
Arterial pco2 equal to or less than 
(mm Hg) - (mm Hg) 

30 or belov 75 

31 74 

32 73 

33 72 

34 71 

35 70 

36 69 

37 68 

38 . . 67 

39 66 

40 or above 65 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (5 of 24) Page 320.210 

(3) Other Restrictive Ventilatory Disorders . Other restrictive 

ventilatory disorders (such as kyphoscoliosis, thoracoplasty, 
and pulmonary resection) must be substantiated by total vital 
capacity (VC) equal to or less than the values specified in 
Table IV below, corresponding to height; and expected to last 
at least 60 days. 

Table IV 



VC 
equal to 
Height or less than 

(inches) (L) 

59 1.5 

60 1.6 

61 1.6 

62 1.6 

63 .1.6 

64 1.7 

65 1.7 

66 1.7 

67 . 1.8 

68 1.8 

69 1.8 

70 1.9 



(4) Active Pulmonary Tuberculosis . Active pulmonary tuberculosis must 
be corroborated by either: 

(a) positive culture; or 

(b) x-ray evidence of increasing lesions or cavitation; and 
expected to last at least 60 days. 

(5) Other Respiratory Disorders . Other respiratory disorders must be 
shown by the presence of at least two of the following ((a), (b), 
or (c) below) for more than 15 days and expected to last at least 
60 days: 

(a) shortness of breath, wheezing, rhonchi, rales, cough, or 
fever; 

(b) significant x-ray changes; or 

(c) significant laboratory abnormalities. 

(D) Cardiovascular System 

(1) Open Heart Surgery . The period of incapacity will expected to last 
at least 60 days and meet the criteria in 106 CMR 320.210(D) 
(3) or (4) below. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (6 of 24) Page 320.210 . 

(2) Ischemic Heart Disease . 

(a) Ischemic heart disease, with chest pain of cardiac origin, 
must be corroborated by one of the following: 

1. significantly diminished exercise tolerance corroborated 
by results of ETT; 

2. significant ischemic changes on resting EKG; 

3. EKG evidence of myocardial infarction at some time and 
symptoms if EKG evidence is more than 6 months old; 

4. development of significant arrhythmia; 

5. angiographic evidence (obtained independently) of 
coronary artery disease; or 

6. development of left bundle branch block. 

(b) If ischemic heart disease is ruled out after an extensive 
work-up the period of incapacity will be 90 days if: 

1. symptoms lasted at least 15 days; or 

2. substantial work activity is precluded by a physician's 
orders for at least 90 days. 

(3) Congestive Heart Failure . Congestive heart failure must be 
manifested by evidence of vascular congestion such as hepatomeg- 
aly, or peripheral or pulmonary edema; with either of the 
following present; and expected to last at least 60 days. 

(a) evidence of congestive heart failure on clinical examina- 
tion; or 

(b) significant x-ray or EKG changes. 

(4) Arteriosclerosis Obliterans or Thromboangiitis . Arteriosclero- 
sis obliterans or thromboangiitis must be substantiated by both: 

(a) intermittent claudication; and 

(b) absence of peripheral arterial pulsations below the knee; 
and be expected to last for at least 60 days. 

(5) Venous Insufficiency of the Lower Extremity . Venous insuf- 
ficiency of the lower extremity must be expected to last at 
least 60 days and be associated with two or more of the 
following: 

(a) varicosities; 

(b) brawny edema; 

(c) stasis dermatitis; 

(d) ulceration; 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (7 of 24) Page 320.210 

(E) Digestive System 

Impairments affecting the digestive system that are considered 
incapacitating are listed in 106 CMR 320.210(E)(1) through (3) 
below. 

(1) Gastrointestinal Disorders 

(a) Gastrointestinal disorders must be substantiated by 
the presence of three or more of the following 
symptoms lasting more than seven days and expected 
to last at least 60 days: 



1. 


pain; 


2. 


nausea; 


3. 


vomiting; 


4. 


diarrhea; 


5. 


bloody stools; or 


6. 


abdominal distension 



> 



(b) Gastrointestinal disorders expected to last more 
than 90 days must demonstrate the presence of 
clinical findings under 1. and 2. below. 

1. significant pathology demonstrated by x-ray, 
endoscopy, barium enema, biopsy, or other 
objective criteria; or 

2. the presence of one of the following: 

a. abscess or fistula formation; 

b. hematocrit of 30 percent or less; 

c. serum albumin of 3.0 g per deciliter 
(100 ml) or less; 

d. serum calcium of 8.0 mg per deciliter; 

e. fat in stool of 7.0 m or greater per 
24-hour specimen; 

f. nitrogen in stool of 3.0 g or greater 
per 24-hour specimen; 

g. evidence of pancreatic dysfunction; 
or 

h. systemic manifestations such as 
arthritis, iritis, or liver 
dysfunction not attributable to 
other causes. 

(2) Diseases of the Liver 

(a) Acute Hepatitis (Viral A, B, Non-A, Non-B) . 

Incapacity expected to last more than 90 days must 
meet the criteria in 106 CMR 320.210(E)(2)(b) below, 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (8 of 24) Page 320.210 



(b) Chronic Liver Disease . Chronic liver diseases (portal, 

postnecrotic, or biliary cirrhosis, chronic active hepatiti- 
s, Vilson's disease) must be substantiated by a history of 
significant and unresolved hyperbilirubinemia, ascites due 
to hypoalbuminemia, or mental confusion lasting more than 15 
days and expected to last at least 60 days; or if the 
impairment persists is expected to last more than 90 days 
and is accompanied by confirmation of liver disease by liver 
biopsy and demonstration (clinical) of 2 (two) of the 
following: below: 

1. bleeding from esophageal varices or 

2. hepatic cell necrosis or inflammation, 

3. hepatic encephalopathy 



(3) Weight Loss . Weight loss due to any gastrointestinal disorder 
must be substantiated by weight equal to or less than the values 
specified in Table V (for men) or Table VI (for women), cor- 
responding to height and expected to last at least 60 days. 

Table 



V — Men 



Table VI — Women 



Height 
(inches) 



Weight 
(pounds) 



Height 
(inches) 



Weight 
(pounds) 



61 95 

62 98 

63 100 

64 103 

65 106 

66 109 

67 112 

68 116 

69 119 

70 122 

71 126 

72 129 

73 133 

74. ...... . 136 

75 139 

76 143 



61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 
71. 
72. 
73. 
74. 
75. 
76. 



82 

84 

87 

89 

92 

94 

97 

100 

104 

107 

111 

114 

117 

121 

124 

128 



Weight loss which continues for more than 90 days despite treatment and proper 
nutrition, must meet the criteria in 106 CMR 320.210(E)(1) or (2)(b) above. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (9 of 24) Page 320.210 : 

(F) Genitourinary System 

(1) Impairment of Renal Function . Impairment of renal function due 
to any cause must be substantiated by one of the following, 
which lasts more than 15 days and can be expected to last at 
least 60 days: 

(a) elevation of serum creatinine; 

(b) hematocrit of 30 percent or less; 

(c) renal osteodystrophy manifested by bone pain and appropriate 
radiographic abnormalities; 

(d) documented fluid overload syndrome; 

(e) anorexia; 

(f) hemodialysis or peritoneal dialysis; or 

(g) proteinuria. 

(G) Hemic and Lymphatic Systems 

(1) Anemia . Anemia must be substantiated by one of the following: 

(a) hematocrit of 30 percent or less if, acute or not tolerated 
or 

(b) one or more blood transfusions required within the 30-day 
period immediately preceding application for Emergency Aid 
to the Elderly and Disabled assistance; and the incapacity 
is expected to last at least 60 days. 

(2) Sickle Cell Disease . Sickle cell disease or one of its variants 
must be substantiated by a documented painful (thrombotic) 
crisis within the 30 day period immediately preceding applica- 
tion for Emergency Aid to the Elderly and Disabled assistance; 
and expected to last for at least 60 days. 

(3) Hemorrhage . Hemorrhage due to any traumatic or nontraumatic 
cause must be substantiated by one or more blood transfusions 
required within the 30-day period immediately preceding applica- 
tion for Emergency Aid to the Elderly and Disabled assistance. 

(H) Skin 

All skin disorders and infections that last more than 15 days and 
that can be expected to last for at least 60 days will possibly be 
considered incapacitating when one of the following is present. 

(1) Involvement of extensive body areas; or 

(2) Involvement of critical areas such as hands, feet, axillae, 
perineum, or face 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 -_ (10 of 24) Page 320.210 : 

(I) Endocrine System 

Diabetes mellitus must be substantiated by one of the following: 

(1) Peripheral neuropathy manifested by decreased sensation and loss 
of vibration and positional sense; 

(2) Significant visual impairment according to the criteria in the 
106 CMR 320.210(B)(1) and (2), Special Senses and Speech; 

(3) Amputation due to diabetic necrosis or peripheral vascular 
disease; or 

(4) a documented episode of acidosis within the 30-day period 
immediately preceding application for Emergency Aid to the 
Elderly and Disabled assistance; and the incapacity is expected 
to last for at least 60 days. 

(J) Multiple Body Systems 

(1) Lupus Erythematosus . Disseminated lupus erythematosus must be 
established by a positive LE preparation or biopsy or positive 
ANA test. Exacerbation (involving renal, cardiac, pulmonary, 
gastrointestinal, or central nervous systems) must have occurred 
within the 30-day period immediately preceding application for 
Emergency Aid to the Elderly and Disabled assistance, and have 
lasted more than 15 days and be expected to last for at least 60 
days. 

(2) Obesity . Obesity must be substantiated by weight equal to or 
greater than the values specified in Table VII for males or 
Table VIII for females and one of the following: 

(a) a history of significant pain and limitation of motion in 
any weight-bearing joint or the spine; 

(b) significant hypertension; 

(c) a history of significant cardiovascular difficulties; 

(d) chronic venous insufficiency with pain or superficial 
varicosities; or 

(e) significant respiratory difficulties; and 

The incapacity is expected to last for at least 60 days. 



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Rev. 10/91 (11 of 24) Page 320.210 





Table VII — Men 


Table VIII 


— Women 


Height Weight 
(inches) (pounds) 


Height 
(inches) 


Weight 
(pounds) 



60 246 56 208 

61 252 57 212 

62 258 58 218 

63 264 59 224 

64 270 60 230 

65 276 61 236 

66 284 62 242 

67 294 63. 250 

68 302 64 258 

69 310 65 266 

70 318 66 274 

71 328 67 282 

72 336 68 290 

73 346 69 298 

74 356 70 306 

75 364 71 314 

76 374 72 322 



(K) Neurological System 

(1) Central Nervous System Vascular Accident . The period of in- 
capacity is expected to last for at least 60 days and two of 
the following persists: 

(a) ineffective speech or communication; 

(b) significant disorganization of motor function in one or 
more extremities interfering with locomotion or use of 
fingers, hands and arms; and 

(c) significant mental status abnormalities. 

(2) Epilepsy - major motor seizures, (or partial complex), 
documented by EEG and by clinically detailed description of a 
typical seizure pattern, including all associated phenomena; 
occurring more frequently than once a month, in spite of at 
least 1 month of prescribed treatment; expected to last at 
least 60 days with: 

(a) Daytime episodes (loss of consciousness and convulsive 
seizures) or 

(b) Nocturnal episodes manifesting residuals which interfere 
significantly with activity during the day. 



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(3) Epilepsy - Minor seizures (petit mal, psychomotor, or focal), 
documented by EEG and by detailed description of a typical 
seizure pattern, including all associated phenomena; occurring 
more frequently than once weekly in spite of at least 1 month of 
prescribed treatment: with alteration of awareness or loss of 
consciousness and transient postictal manifestations of uncon- 
ventional behavior or significant interference with activity 
during the day; and expected to last for at least 60 days. 

(4) Parkinsonian syndrome with the following signs: Significant 
rigidity, bradykinesia, or tremor in two extremities or one, if 
in dominant hand with significant loss of dexterity which, 
singly or in combination, result in sustained disturbance of 
gross and dexterous movements, or gait and station; and expected 
to last for at least 60 days. 

(5) Spinal cord or nerve root lesions , due to any course with disor- 
ganization of motor function expected to last for at least 60 
days with significant and persistent disorganization of motor 
function in a single extremity, resulting in sustained distur- 
bance of gross and dexterous movements, or gait and station. 

(6) Multiple sclerosis . Vith disorganization of motor function 
expected to last for at least 60 days with: 

(a) significant and persistent disorganization of motor function 
in two extremities, or one dominant upper extremity, 
resulting in sustained disturbance of gross and dexterous 
movements, or gait and station; or marked motor fatiguabil- 
ity; 

(b) impairment of central visual acuity. Remaining vision in 
the better eye after best correction must be 20/100 or less 
and must be expected to last at least 60 days. 

(c) contraction of peripheral visual fields. Contraction of 
peripheral vision fields in the better eye that is expected 
to last at least 60 days must be: 

(1) To 20° or less from the point of fixation; or 

(2) So the widest diameter subtends an angle no greater than 
25°; or 

(3) To 25 percent or less visual field efficiency; or 

(7) Myasthenia gravis expected to last for at least 60 days with: 

(a) significant difficulty with speaking, swallowing, or 
breathing while on prescribed therapy; or 

(b) significant motor weakness of muscles of extremities on 
repetitive activity against resistance while on prescribed 
therapy. 

(8) Myotonic muscular dystrophy with disorganization of motor 
function expected to last for at least 60 days with significant 
and persistent disorganization of motor function in two ex- 
tremities, resulting in sustained disturbance of gross and dex- 
terous movements, or gait and station. 



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EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

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(9) Peripheral neuropathies . With disorganization of motor function 
in spite of prescribed treatment expected to last for at least 
60 days with significant and persistent disorganization of motor 
function in one extremity, resulting in sustained disturbance of 
gross and dexterous movements, or gait and station. 

(10) Subacute combined cord degeneration (pernicious anemia) with 
disorganization of motor function as descried below not sig- 
nificantly improved by prescribed treatment and expected to last 
for at least 60 days with: 

(a) significant and persistent disorganization of motor function 
in one extremity, resulting in sustained disturbance of 
gross and dexterous movements, or gait and station; and 

(b) unsteady, broad-based or ataxic gait causing significant 
restriction of mobility substantiated by appropriate 
posterior column signs. 

(11) Cerebral trauma : Evaluate under the provisions for epilepsy - 
Major motor, epilepsy - minor motor, cerebral nervous system 
vascular accident or organic mental disorders. 

(L) Mental Disorders 

(1) The following definitions should be used when referencing this 
section. 

(a) Need for Medical Evidence: The existence of a medically 
determinable impairment must be established by medical 
evidence consisting of clinical signs, symptoms and/or 
laboratory test findings. These findings may be intermit- 
tent or persistent depending on the nature of the disorder. 
Clinical signs are medically demonstrable phenomena which 
reflect specific abnormalities of behavior, affect, thought, 
memory, orientation or contact with reality. These signs 
are typically assessed by a psychiatrist. Symptoms or 
complaints are presented by the individual. Signs and 
symptoms generally cluster together to constitute recog- 
nizable clinical syndromes (mental disorders). Both 
symptoms and signs which are part of any diagnosed mental 
disorder must be considered in evaluating severity. 

(b) Assessment of Severity: For mental disorders, severity is 
assessed in terms of the functional limitations imposed by 
the impairment. Where "marked" is used as a standard for 
measure the degree of limitation, it means more than 
moderate, but less than extreme. A marked limitation may 
arise when several activities or functions are impaired or 
even when only one is impaired, so long as the degree of 
limitation is such as to seriously interfere with the 
ability to function independently, appropriately and 
effectively. 



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1. Activities of daily living including adaptive activities 
such as cleaning, shopping, cooking, taking public 
transportation, paying bills, maintaining a residence, 
caring appropriately for one's grooming and hygiene, 
using telephones and directories, using a post office, 
etc.. In the context of the individual's overall 
situation, the quality of these activities is judged by 
their independence, appropriateness and effectiveness. 
It is necessary to define the extent to which the 
individual is capable of initiating and participating in 
activities independent of supervision or direction. 

"Marked" is not the number of activities which are 
restricted but the overall degree of restriction or 
combination of restrictions which must be judged. 

2. Social functioning refers to an individual's capacity to 
interact appropriately and communicate effectively with 
other individuals. "Marked" is not the number of areas 
in which social functioning is impaired, but the overall 
degree of interference in a particular area or combina- 
tion of areas of functioning. 

3. Concentration, persistence and pace refer to the ability 
to sustain focused attention sufficiently long to permit 
the timely completion of tasks commonly found in work 
settings. In activities of daily living, concentration 
may be reflected in terms of ability to complete tasks 
in everyday household routines. Deficiencies in 
concentration, persistence and pace are best observed in 
work and work-like settings. 

4. Documentation: The presence of a mental disorder should 
be documented primarily on the basis of reports from 
individual providers, such as psychiatrists, and 
facilities such as hospitals and clinics. Adequate 
descriptions of functional limitations must be obtained 
from these or other sources which may include programs 
and facilities where the individual has been observed 
over a considerable period of time. 

Information from both medical and nonmedical sources may 
be used to obtain detailed descriptions of the in- 
dividual's activities of daily living; social function- 
ing; concentration, persistence and pace; or ability to 
tolerate increased mental demands (stress). This 
information can be provided by programs such as com- 
munity mental health centers, day care centers, shel- 
tered workshops, etc. It can also be provided by 
others, including family members, who have knowledge of 
the individual's functioning. In some cases descrip- 
tions of activities of daily living or social function- 
ing given by individuals or treating sources may be 
insufficiently detailed and/or may be in conflict with 
the clinical picture otherwise observed or described in 



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EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

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the examination or reports. Evidence may include 
treatment notes, hospital discharge summaries, and 
work evaluation or rehabilitation progress notes if 
these are available. It is necessary to resolve any 
inconsistencies or gaps that may exist in order to 
obtain a proper understanding of the individual's 
functional restrictions. 

Some individuals may have attempted to work or may 
actually have worked during the period of time pertinent 
to the determination of disability. This may have been 
an independent attempt at work, or it may have been in 
conjunction with a community mental health or other 
sheltered program which may have been of either short or 
long duration. Information concerning the individual's 
behavior during any attempt to work and the circumstan- 
ces surrounding termination of the work effort are 
particularly useful in determining the individual's 
ability or inability to function in a work setting. 

5. Chronic Mental Impairments: Particular problems are 
often involved in evaluating mental impairments in 
individuals who have long histories of repeated hospita- 
lizations or prolonged outpatient care with supportive 
therapy and medication. Individuals with chronic 
psychotic disorders commonly have their lives structured 
in such a way to minimize stress and reduce their signs 
and symptoms. Such individuals may be much more 
impaired for work than their signs and symptoms would 
indicate. The results of a single examination may not 
adequately describe these individuals' sustained ability 
to function. It is therefore, vital to include all 
pertinent and available information relative to the 
individual's condition, especially at times of increased 
stress. 

6. Effect of Medication. Attention must be given to the 
effect of medication on the individual's signs, symptoms 
and ability to function. While psychotropic medications 
may control certain primary manifestations of a mental 
disorder, e.g., hallucinations, such treatment may or 
may not affect the functional limitations imposed by the 
mental disorder. In such cases where overt symptomatol- 
ogy is attenuated by the psychotropic medications, 
particular attention should be included on the function- 
al restrictions which may persist. These functional 
restrictions are important for the measure of impairment 
severity. 



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Neuroleptics, the medicines used in the treatment of 
some mental illnesses, may cause drowsiness, blunted 
effect, or other side effects involving other body 
systems. Such side effects must be considered in 
evaluating overall impairment severity. Where adverse 
effects of medications contribute to the impairment 
severity and the impairment does not meet the listings 
but is nonetheless severe, such adverse effects must be 
considered in the assessment of the disability. 

7. Effect of Treatment: It must be remembered that with 
adequate treatment some individuals suffering with 
chronic mental disorders not only have their symptoms 
and signs ameliorated but also return to a level of 
function close to that of their premorbid status. 

(2) Dementia vith or without delirium . Psychological, cognitive or 
behavioral abnormalities associated with a dysfunction of the 
brain. History and physical examination or laboratory tests 
demonstrate the presence of specific organic factor judges to be 
etiologically related to the abnormal mental state and loss of 
previously acquired functional abilities. 

The required level of severity for these disorders is met when 
the requirements in both (a) and (b) are satisfied ; and they are 
expected to last for at least 60 days. 

(a) Demonstration of loss of specific cognitive abilities or 
affective changes and the medically documented persistence 
of at least one of the following: 

1. disorientation to time and place; or 

2. substantial memory loss impairment 

3. perceptual or thinking disturbances 
(e.g., hallucinations, delusions; or 

4. change in personality; or 

5. disturbance in mood; or 

6. emotional liability (e.g., explosive temper outbursts, 
sudden crying, etc.) and impairment in impulse control; 
or 

7. loss of measured intellectual ability of at least 15 
I.Q. points from premorbid levels or overall impairment 
index clearly within the moderately to severely 



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impaired range on neuropsychological testing, e.g., 
the Luria-Nebraska, Halstead-Rei tan, etc.; and 

(b) Resulting in at least one of the following: 

1. marked restriction of activities of daily 
living; or 

2. marked difficulties in maintaining social 
functioning; or 

3. deficiencies of concentration, persistence 
or pace resulting in frequent failure to 
complete tasks in a timely manner (in work 
settings or elsewhere); or 

4. repeated episodes of deterioration or 
decompensation in work or work-like settings 
which cause the individual to withdraw from that 
situation or to experience exacerbation of signs 
and symptoms (which may include deterioration of 
adaptive behaviors). 

(3) Schizophrenic, Paranoid and Other Psychotic Disorders . Charac- 
terized by the onset of psychotic features with deterioration 
from a previous level of functioning. 

The required level of severity for these disorders is met when 
the requirements in both (a) and (b) are satisfied, or when the 
requirement in (c) are satisfied; and they are expected to last 
for at least 60 days. 

(a) Medically documented persistence, either continuous or 
intermittent, of one or more of the following: 

1. delusions or hallucinations; or 

2. catatonic or other grossly disorganized behavior; or 

3. incoherence, loosening of associations, illogical 
thinking, or poverty or content of speech if 
associated with one of the following: 

i. blunt affect; or 
ii. flat affect; or 
iii. inappropriate affect; or 

4. emotional withdrawal and/or isolation; and 

(b) Resulting in at least one of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintaining social 
functioning; or 

3. deficiencies of concentration, persistence or pace 
resulting in frequent failure to complete tasks in a 
timely manner (in work settings or elsewhere); or 



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4. repeated episodes of deterioration or decompensa- 
tion in work or work-like settings which cause 
the individual to withdraw from that situation 
or to experience exacerbation of signs and 
symptoms (which may include deterioration of 
adaptive behaviors); or 

(c) Medically documented history of one or more episodes of 
acute symptoms, signs and functional limitations which at 
the time met the requirements in (a) and (b) of this 
listing, although these symptoms or signs are currently at- 
tenuated by medication or psychosocial support, and one of 
the following: 

(1) repeated episodes of deterioration or decompensation in 
situations which cause the individual to withdraw from 
the situation or to experience exacerbation of signs or 
symptoms (which may include deterioration of adaptive 
behaviors); or 

(2) documented current history of two or more years in- 
ability to function outside of a highly supportive 
living situation. 

(4) Affective Disorders . Characterized by a disturbance of mood, 
accompanied by a full or partial manic or depressive syndrome. 
Mood refers to a prolonged emotion that colors the whole psychic 
life; generally involving either depression or elation. 

The required level of severity for these disorders is met when 
the requirements in both (a) and (b) are satisfied; and they are 
expected to last at least 60 days. 

(a) Medically documented persistence, either at least one of the 
following: 

1. depressive syndrome characterized by at least three of 
the following: 

a. anhedonia or pervasive loss of interest in almost 
all activities; or 

b. appetite disturbance with change in weight; or 

c. sleep disturbance; or 

d. psychomotor agitation or retardation; or 

e. decreased energy; or 

f. feelings of guilt or worthlessness; or 

g. difficulty concentrating or thinking; or 
h. thoughts of suicide; or 

i. hallucinations, delusions or paranoid thinking; or 



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2. Manic syndrome characterized by at least two of the 
following: 

a. hyperactivity; or 

b. pressure of speech; or 

c. flight of ideas; or 

d. inflated self-esteem; or 

e. decreased need for sleep; or 

f. easy distractibility; or 

g. involvement in activities that have a high probabil- 
ity of painful consequences which are not recog- 
nized; or 

h. hallucinations, delusions or paranoid thinking; or 

3. Bipolar syndrome with a history of episodic periods 
manifested by the full symptomatic picture of both manic 
and depressive syndromes (and currently characterized by 
either or both syndromes); and 

(b) Resulting in at least one of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintaining social functioning; or 

3. deficiencies of concentration, persistence or pace resulting 
in frequent failure to complete tasks in a timely manner (in 
working settings or elsewhere); or 

4. repeated episodes of deterioration or decompensation in work 
or work-like settings which cause the individual to withdraw 
from that situation or to experience exacerbation of signs 
and symptoms (which may include deterioration of adaptive 
behaviors) . 

(5) Mental Retardation and Autism . Mental retardation refers to a sig- 
nificantly subaverage general intellectual functioning with deficits 
in adaptive behavior initially manifested during the developmental 
period (before age 22). (Note: The scores specified below refer to 
those obtained on the VAIS, and are used only for reference purposes. 
Scores obtained on other standardized and individually administered 
tests are acceptable, but the numerical values obtained must indicate 
a similar level of intellectual functioning.) Autism is a pervasive 
developmental disorder characterized by social and significant 
communication deficits originating in the developmental period. 

The required level of severity for this disorder is met when the 
requirements in (a), (b), (c), or (d) are satisfied. 



(a) 



(b) 
(c) 



Mental incapacity evidenced by dependence upon others for per- 
sonal needs e.g., toileting, eating, dressing, or bathing, an 
inability to follow directions, such that the use of standar- 
dized measures of intellectual functioning is precluded; or 
A valid verbal, performance, or full scale IQ of 59 or less; 
A valid verbal, performance, or full scale IQ of 60 to 69 in- 
clusive and a physical or other mental impairment imposing 
additional and significant work-related limitation of function; 
or 



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(d) A valid verbal, performance, or full scale IQ of 60 to 69 

inclusive or in the case of autism, gross deficits of social 
and communicative skills with one of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintaining social functioning; 
or 

3. deficiencies of concentration, persistence or pace 
resulting in frequent failure to complete tasks in a 
timely manner (in work settings or elsewhere); or 

4. repeated episodes of deterioration or decompensation in 
work or work-like settings which cause the individual to 
withdraw from that situation or to experience exacerba- 
tion of signs and symptoms (which may include deteriora- 
tion or adaptive behaviors). 

(6) Anxiety Related Disorders . In these disorders anxiety is either 
the predominant disturbance or it is experienced if the in- 
dividual attempts to master symptoms; for example, confronting 
the dreaded object or situation in a phobic disorder or resist- 
ing the obsessions or compulsions in obsessive compulsive disor- 
ders. 

The required level of severity for these disorders is met when 
the requirements in both (a) and (b) are satisfied, or when the 
requirements in both (a) and (c) are satisfied; and the in- 
capacity is expected to last at least 60 days. 

(a) Medically documented findings of at least one of the 
following: 

1. generalized persistent anxiety accompanied by two out of 
four of the following signs or symptoms: 

a. motor tension; or 

b. autonomic hyperactivity; or 

c. apprehensive expectation; or 

d. vigilance and scanning; or 

2. a persistent irrational fear of a specific object, 
activity, or situation; or 

3. recurrent severe panic attacks manifested by a sudden 
unpredictable onset of intense apprehension, fear, 
terror and sense of impending doom occurring on the 
average of at least once a week; or 

4. recurrent obsessions or compulsions which are a source 
of marked distress; or 

5. recurrent and intrusive recollections of a traumatic ex- 
perience, which are a source of marked distress; and 

(b) Resulting in at least one of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintain social functioning; or 

3. deficiencies of concentration, persistence or pace 
resulting in frequent failure to complete tasks in a 
timely manner (in work settings or elsewhere); or 



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EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

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4. repeated episodes of deterioration or decompensation 
in work or work-liked settings which cause the 
individual to withdraw from that situation or to 
experience exacerbation of signs and symptoms (which 
may include deterioration of adaptive behaviors); or 

(c) resulting in complete inability to function independent- 
ly outside the area of one's home. 

(7) Psychophysiological Disorders . Physical symptoms for which 

there are no demonstrable organic findings or known physiologi- 
cal mechanisms. 

The required level of severity for these disorders is met when 
the requirements is both (a) and (b) are satisfied; and the 
incapacity is expected to last for at least 60 days. 

(a) Medically documented by evidence of one of the following: 

1. a history of multiple physical symptoms of several years 
duration, beginning before age 30, that have caused the 
individual to take medicine frequently, see a physician 
often and alter life patterns significantly; or 

2. persistent nonorganic disturbance of one of the follow- 
ing: 

i. vision; or 
ii. speech; or 
iii. hearing; or 
iv. use of a limb; or 
v. movement and its control (e.g., coordination distur- 
bance, psychogenic seizures, akinesia, dyskinesia; 
or 
vi. sensation (e.g., diminished or heightened). 

3. Unrealistic interpretation of physical signs or sensa- 
tions associated with the preoccupation or belief that 
one has a serious disease or injury; and 

(b) Resulting in two of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintaining social functioning; 
or 

3. deficiencies of concentration, persistence or pace 
resulting in frequent failure to complete tasks in a 
timely manner (in work settings or elsewhere); or 

4. repeated episodes of deterioration or decompensation on 
work or work-like settings which cause the individual to 
withdraw from that situation or to experience exacerba- 
tion of signs and symptoms (which may include deteriora- 
tion of adaptive behavior). 



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•■ CATEGORICAL REQUIREMENTS Chapter 320 : 

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(8) Personality Disorders . A personality disorder exists when 
personality traits are inflexible and maladaptive and cause 
either significant impairment in social or occupational 
functioning or subjective distress. Characteristic features 
are typical of the individual's long term functioning and are 
not limited to discrete episodes of illness. 

The required level of severity for these disorders is met when 
the requirements in both (a) and (b) are satisfied; and the 
incapacity is expected to last at least 60 days. 

(a) Deeply ingrained, maladaptive patterns of behavior as- 
sociated with one of the following: 

1. seclusiveness or autistic thinking; or 

2. pathologically in appropriate suspiciousness or hos- 
tility; or 

3. oddities of thought, perception, speech and behavior; or 

4. persistent disturbances of mood or affect; or 

5. pathological dependence, passivity, or aggressivi ty ; or 

6. intense and unstable interpersonal relationships and 
impulsive and damaging behavior; and 

(b) Resulting in two of the following: 

1. marked restriction of activities of daily living; or 

2. marked difficulties in maintaining social functioning; 
or 

3. deficiencies of concentration, persistence or pace 
resulting in frequent failure to complete tasks in a 
timely manner (in work settings or elsewhere); or 

4. repeated episodes of deterioration or decompensation in 
work or work-like settings which cause the individual to 
withdraw from that situation or to experience exacerba- 
tion of signs and symptoms (which may include deterio- 
ration of adaptive behavior). 

(9) Substance Addiction Disorders . Physical changes or behavioral 
changes associated with the regular use of substances that 
affect the central nervous system when accompanied by an 
impairment listed elsewhere in these standards. 

The required level of severity for these substance addiction 
disorders is met when the requirements in any of the following 
disorders (a through i) are satisfied; and the incapacity is 
expected to last for at least 60 days. 

(a) Organic mental disorders. Evaluate under Dementia with or 
without Delirium (106 CMR 320.210(L)(2) ) . 

(b) Depressive syndrome. Evaluate under Affective 
Disorders (106 CMR 320.210(L)(4) ) . 

(c) Anxiety disorders. Evaluate under Anxiety Related 
Disorders (106 CMR 320. 210(L) (6) ) . 



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... CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 1/92 (23 of 2A) Page 320.210 

(d) Personality disorders. Evaluate under Personality 
Disorders (106 CMR 320.210(L)(8) ) . 

(e) Peripheral neuropathies. Evaluate under Neurological 
System Impairments (106 CMR 320.210(K)). 

(f) Liver damage. Evaluate under Digestive System Impairments 
(Diseases of the Liver) (106 CMR 320.210(E)(2)). 

(g) Gastritis. Evaluate under Digestive System Impairments 
(Diseases of the Liver) (106 CMR 320.210(E)(2)). 

(h) Pancreatitis. Evaluate under Digestive System Impairments 
(Gastrointestinal Disorders) (106 CMR 320.210(E)(1)). 

(i) Seizures. Evaluate under Neurological System Impairments 
(Epilepsy - Major Motor Seizure and Epilepsy - Minor Motor 
Seizure) (106 CMR 320.210(K)(2) and (3)). 

(M) Immuno-Suppressive Disorders 

(1) Indicator Diseases Diagnosed Definitively: The required level 
of incapacity associated with the following is met when the 
incapacity is expected to last for at least 60 days. 

(a) Candidiasis of the esophagus, trachea, bronchi, or lungs. 

(b) Coccidioidomycosis , disseminated (at a site other than or in 
addition to lungs or cervical or hilar lymph nodes). 

(c) Cryptococcosis , extrapulmonary. 

(d) Cryptosporidiosis with diarrhea persisting over one month. \ 

(e) Cytomegalovirus disease of an organ other than liver, 

spleen, lymph nodes in an individual over one month of age. | 

(f) Herpes simplex virus infection causing a mucocutaneous ulcer 
that persists longer than one month, or bronchitis, pneumon- I 
itis, or esophagitis for any duration affecting an in- 
dividual over one month of age. I 

(g) HIV encephalopathy (also called "HIV dementia," AIDS 
dementia", or "subacute encephalitis due to HIV") 

(h) Histoplasmosis , disseminated (at a site other than or in 
addition to lungs or cervical or hilar lymph nodes). 

(i) Isoporiasis with diarrhea persisting over one month. 

(j) Kaposi's sarcoma at any age. 

(k.) Lymphoma of the brain (primary) at any age. 

(1) Lymphoid interstitial pneumonia and/or pulmonary lymphoid 
hyperplasia (LIP/PLH complex) affecting a child less than 
13 years of age. 

(m) Any mycobacterial disease caused by mycobacteria other than 
M. tuberculosis , disseminated (at a site other than or in 
addition to lungs, skin, or cervical or hilar lymph nodes). 

(n) Pneumocystis carinii pneumonia . 

(o) Progressive multifocal leukoencephalopathy . 

(p) Salmonella (nontyphoid) septicemia, recurrent. 

(q) Systemic toxoplasmosis . 



« 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



► 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

~ -CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 1/92 (24 of 24) Page 320.210 

(2) Individuals should be considered to have an impairment that 
equals the severity of the listings with or without documented 
evidence of HIV infection and the following laboratory and 
clinical features: 

(a) A T4 lymphocyte count of less than or equal to 200 
cells/mm3 (or 25 percent or less T4 lymphocytes); OR 

(b) One or more of the following persisting over a 2-month 
period: 

1. Anemia (Hematocrit value less than 30 percent); 

2. Granulocytopenia (absolute neutrophil count less 
than or equal to 1000/mm3); 

3. Thrombocytopenia (platelet count less than or equal 
to 40,000/mm3); 

4. Documented fever (daily greater or equal to 100. 4°F 
or 38°C); 

5. Undesired weight loss greater than or equal to 10 
percent of baseline; 

6. Oral recurrent candidiasis; 

7. Oral hairy leukoplakia; 

8. Recurrent herpes zoster ; 

9. Persistent, unresponsive diarrhea ; 

10. Recurrent vaginal candidiasis ; 

11. Chronic pelvic inflammatory disease ; AND 

(3) Interference with activities of daily living resulting in 
marked restriction of activities of daily living such that 
the individual needs help with most activity including 
climbing stairs, shopping, cooking, housework. 

(N) Neoplastic Diseases - Malignant 

Intractable pain, and/or ongoing therapy side effects, disease 
process or treatment which has caused a disability covered 
elsewhere in these standards. 



« 



I 



• 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



$ 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 _ (1 of A) Page 320.220 \ 

320.220 Vocational Factors - Definitions 

The following definitions shall apply to vocational standards pursuant to 
this section and shall be used by the Medical Review Team to determine 
disability pursuant to 106 CMR 320.200(E)(3) in conjunction with the 
medical condition of the applicant or recipient. 

(A) Education shall mean formal schooling or other training which 
contributes to an ability to meet vocational requirement, for 
example, reasoning ability, communication skills, and arithmetic 
ability. 

(B) Illiterate shall mean an inability to read and write; inability to 
read or write a simple message such as instructions or inventory 
lists in spite of an ability to sign one's name; little or no formal 
schooling. 

(C) Unskilled shall mean work requiring little or no judgment to do 
simple duties that can be learned on the job in a short period of 
time; it may or may not require considerable strength; a person can 
usually learn to do the job in 30 days and little specific vocational 
preparation and judgment are needed. 

(D) Semi-skilled shall mean work requiring some skills but does not 
require doing more complex job duties; may require alertness and 
attention to watching machine processes, inspecting, testing or 
looking for irregularities; tending or guarding equipment, property 
or persons; requiring dexterity and coordination. 

(E) Skilled shall mean work requiring judgment to determine the machine 
and manual operations to be performed in order to obtain the proper 
form, quality or quantity of material to be produced; may require 
laying out work, estimating quality, determining suitability and 
quantity of materials, making precise measurements; dealing with 
people, facts or figures or abstract ideas at a high level of 
complexity. 

(F) Transferable skills shall mean skilled or semi-skilled work which has 
been done in the past which can be transferred to another job where 
the same or lesser degree of skill is required; the same tools or 
machines are used; or the same or similar raw materials, products and 
processes or services are involved. 

(G) Direct entry shall mean a person has the education and/or vocational 
training or past work experience to enter a job without further 
formal training beyond basic orientation. 

(H) Previous work experience shall mean work experience which occurred 
within the past five years. 

The Medical Review Team shall evaluate disability pursuant to 106 CMR 
320.210(E)(3) by considering the applicant or recipient's medical condi- 
tion, age, education, previous work experience and any other relevant 
factors identified on supplementary forms prescribed by the Department. 



t 



♦ 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



# 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (2 of 4) Page 320.220 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 10/91 -■ (3 of A) Page 320.220 









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EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

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4 



I 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

.. CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 1/92 Page 320.250 

320.250: Participant in a Massachusetts Rehabilitation Commission Program 

(A) An applicant or recipient who is actively participating in a 
Massachusetts Rehabilitation Commission (MRC) training and/or 
rehabilitation program(s) (including post-secondary education) 
shall be considered to have a physical or mental disability 
without application of the medical standards specified in 

106 CMR 320.210, provided the applicant or recipient meets 
all other categorical and financial requirements of the EAEDC 
program. 

(B) Verification of active participation in an MRC program must 
be provided by the applicant or recipient as specified below 
at application, redetermination, or when there is a change 
in his or her active participation status. 

(1) At application, the applicant must provide the 
following two items to verify that the EAEDC 
applicant is an active MRC participant: 

(a) MRC's medical or psychiatric reports that are 
the basis of eligibility for MRC services. 
MRC shall provide these reports to the local 
welfare office at the request of the applicant; 
and 

(b) a written statement, signed by the MRC counsellor, 
that the individual is vocationally disabled and 
would continue to be so without completion of 

the specific rehabilitation program. The statement 
shall: 

1. certify that the applicant is currently 
actively participating in a training or 
rehabilitation program; and 

2. explain what the program is and its 
anticipated length. 

(2) At redetermination, the recipient must provide a current 
statement from his or her MRC counsellor as specified in 
106 CMR 320.250(B)(1)(b) verifying his or her continued 
active MRC participation. 

(3) At the time of a change in his or her active participation 
status in an MRC program, the applicant or recipient must 
provide a written statement from his or her MRC counsellor 
that explains the change in his or her active participation 
status. To be considered timely, such statement must be 
provided within 10 days as specified in 106 CMR 318.420. 



• 



i 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



» 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

..CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 2/92 Page 320.300 

320.300: Caring for the Disabled 

An applicant or recipient is required to care for a person in the home who 
is disabled and in need of constant care. Such disabled person is in need 
of constant care and if such constant care was not provided, the disabled 
person would be required to be institutionalized. All three elements must 
exist for an applicant or recipient of EAEDC to be categorically eligible. 

The applicant or recipient must provide verification of the disabled 
person's disability, the need for constant care, and the risk of in- 
stitutionalization without such constant care. This must be verified at 
application, redetermination or time of any change by a written statement 
from the disabled person's physician on the physician's letterhead that 
verifies the disability, the need for constant care and that the disabled 
person would be at risk of institutionalization without such care. 

The income and assets of the disabled person shall be considered in the 
determination of eligibility as specified in 106 CMR 321.235. If the 
income and/or assets of the disabled person exceed the limits specified in 
106 CMR 321.235, the applicant or recipient of EAEDC is ineligible for 
EAEDC. 

The EAEDC applicant or recipient must meet all other categorical and 
financial requirements of the EAEDC program as specified in Chapters 320 
and 321. 

320.400: Family 

To be eligible for EAEDC, a family must meet all of the requirements 
specified in (A) or (B) below: 

(A) For purposes of 106 CMR 320.400(A), a family is defined as a 

dependent child(ren) under the age of 18, his or her siblings or 
half-siblings and his or her natural or adoptive parents whether or 
not they are married to each other living in the same home; and 

(1) the filing unit as specified in 106 CMR 321.310 must include all 
of the dependent children in the home, all of the siblings and 
half-siblings and his or her natural or adoptive parents living 
in the home; and 

(2) the assistance unit must include all of the individuals speci- 
fied in 106 CMR 320.400(A)(1) unless one or more of these 
persons: (a) is eligible for and/or receiving AFDC or SSI; or 
(b) do not meet the citizenship or alienage requirements as 
specified in 106 CMR 320.600 through 320.620. There must be at 
least one dependent child(ren) in an assistance unit unless all 
of the natural or adoptive children and all of his or her 
siblings and half-siblings living in the same home are eligible 
for and/or receiving SSI; and 



< 



< 



< 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

. CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (1 of 2) Page 320.400 

(3) the assistance unit has been determined ineligible for AFDC 
solely because neither parent could meet the work history 
requirements as specified in 106 CMR 303.340 for AFDC eligi- 
bility; and 

(4) there is no option to exclude any or all of the dependent child- 
ren, siblings, half-siblings and/or one or both of the parents 
from the assistance unit except as specified in 106 CMR 320.400 
(A)(2); and 

(5) If any person is excluded from the assistance unit because he or 
she is receiving AFDC, the total amount of AFDC and/or EAEDC 
assistance received by the filing unit may not exceed what the 
AFDC Payment Standard would be if the filing unit were one 

AFDC assistance unit or up to $5.00 in excess of this Payment 
Standard, whichever is less; and 

(6) no member of the assistance unit, as defined in 106 CMR 320.400 
(A)(2) above, that includes a dependent child has the option to 
apply for or receive EAEDC pursuant to 106 CMR 320.100, 320.200, 
320.250, 320.300 or 320.450; and 

(7) any parent in the assistance unit between the ages of 18 and 65 
who is not in school, who is not gainfully employed nor in 
training must register for work with the Department of Employ- 
ment and Training (DET) as a condition of initial and continuing 
eligibility; and must 

(a) actively seek employment; and 

(b) maintain his or her registration with DET; and 

(c) accept a referral to or offer of suitable employment; and 

(d) report to the Department on the results of any job referral; 
and 

(e) provide verification from DET of his or her record of 
attempts to find employment through DET and verification of 
other efforts to obtain employment. Such verification must 
be provided by the applicant or recipient at least once 
every three months or more frequently as required by the 
Department. 

The Department shall determine whether the person has good cause 
for failure to comply with these requirements. Good cause for 
failure to comply with these requirements shall include failure 
to comply due to illness or disability. Verification of the 
illness or disability shall be a written statement from a 
competent medical authority as defined in 106 CMR 318.500, 
stating the illness or disability that prevented the compliance 
with these requirements. A person who has failed to comply with 
these requirements without good cause shall have his or her 
assistance denied or terminated. Such denial or termination 
shall not affect the eligibility of the dependent child(ren) in 
the home. 



t 



• 



4 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

..CATEGORICAL REQUIREMENTS Chapter 320 

Rev- 2/92 (2 of 2) Page 320.400 

An applicant or recipient shall be exempt from these require- 
ments if he or she has a dependent child in the home under the 
age of three. However, only one of the two parents shall be 
exempt from these requirements if there is a dependent child 
under the age of three. 

(B) For purposes of 106 CMR 320.400(B), a family is defined a dependent 
child(ren) under the age of 18, his or her siblings or half-siblings 
and an adult caretaker aged 18 or older who does not meet the 
relationship requirement specified in 106 CMR 303.210 for AFDC 
eligibility, living in the same home; and 

(1) the filing unit as specified in 106 CMR 321.310 must include the 
dependent child(ren) and his or her siblings or half-siblings 
living in the same home; and 

(2) the assistance unit must include all of the individuals speci- 
fied in 106 CMR 320.400(B)(1) unless one or more of these 
persons: (a) is eligible for and/or receiving AFDC or SSI; or 
(b) do not meet the citizenship and alienage requirements 
specified in 106 CMR 320.600 through 320.620. There must be at 
least one dependent child in an assistance unit unless all of 
the dependent child(ren) and his or her siblings or half- 
siblings living in the same home are eligible for and/or 
receiving SSI; and 

(3) the assistance unit as specified in 106 CMR 321.310 may include 
the adult caretaker relative; and 

(4) the assistance unit has been determined ineligible for AFDC 
solely because the caretaker relative did not meet the rela- 
tionship to the dependent child(ren) requirement as specified in 
106 CMR 303.210 for AFDC eligibility; and 

(4) there is no option to exclude the dependent child(ren) and/or 
any of the siblings or half-siblings of the dependent child(ren) 
living in the same home except as specified in 106 CMR 320.400 
(B)(2); and 

(5) if the caretaker chooses to be included in the assistance unit 
and he or she is between the ages of 18 and 65 and is not in 
school, or is not gainfully employed nor in training, he or she 
must register for work with the Department of Employment and 
Training (DET) as a condition of initial and continuing eligibi- 
lity; and must 

(a) actively seek employment; and 

(b) maintain his or her registration with DET; and 

(c) accept a referral to or offer of suitable employment; and 

(d) report to the Department on the results of any job referral; 
and 



« 



I 



I 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



$ 



) 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (1 of 2) Page 320. 450 

(e) provide verification from DET of his or her record of 

attempts to find employment through DET and verification of 
other efforts to obtain employment. Such verification must 
be provided by the applicant or recipient at least once 
every three months or more frequently as required by the 
Department. 

The Department shall determine whether the person has good cause 
for failure to comply with these requirements. Good cause for 
failure to comply with these requirements shall include failure 
to comply due to illness or disability. Verification of the 
illness or disability shall be a written statement from a compe- 
tent medical authority as defined in 106 CMR 318.500, stating 
the illness or disability that prevented the compliance with 
these requirements. A person who has failed to comply with 
these requirements without good cause shall have his or her 
assistance denied or terminated. Such denial or termination 
shall not affect the eligibility of the dependent child(ren) in 
the home. 

A caretaker shall be exempt from these requirements if he or she 
has a dependent child in the home under the age of three. 

(C) For purposes of EAEDC eligibility, the only time that an applicant or 
recipient who is the natural or adoptive parent (s) of a dependent 
child(ren) living in the same home may be eligible pursuant to 106 
CMR 320.100, 320.200, 320.250, 320.300 or 320.450 is when: 

(1) he or she is ineligible for inclusion in an assistance unit 
specified in 106 CMR 320.400(A); and 

(2) all of his or her dependent child(ren) and all of the siblings 
and half-siblings of the dependent child(ren) living in the same 
home are eligible for and/or receiving AFDC and/or SSI; and 

(3) the natural or adoptive parent(s) is not eligible for AFDC 
because he or she does not meet the AFDC citizenship or alienage 
requirements as specified in 106 CMR 303.500-520; and 

(4) he or she is otherwise eligible for EAEDC. 

320.450: Student 

(A) A student is an applicant or recipient who does not meet the 
definition of a dependent child in accordance with 106 CMR 
318.500, has not yet reached his or her twenty-first birthday, 
and is regularly attending full-time a grade school, high school, 
technical or vocational school, or any other secondary school in 
grade twelve or below or an equivalent level of vocational or 
technical training. 

A student loses his or her eligibility as a student as soon as 
he or she: obtains a high school diploma or its equivalent; or 
stops regularly attending school; or reaches his or her twenty- 
first birthday. 



• 



( 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (2 of 2) Page 320.450 : 

(1) Definition of Full-Time 

(a) In an elementary school, or equivalent program approved 
by the school, full-time is 25 instructional hours per 
week. 

(b) In a trade or technical school, or equivalent program approved 
by the school, in a program involving shop practice full-time 
is 30 clock hours per week; in a 

program without shop practice, full-time is 25 clock 
hours. 

(c) In a secondary school (including special schools for 

the blind, deaf, or disabled), or equivalent program approved 
by the school, full-time is 25 clock hours 
per week or four carnegie units per year. 

(d) In a secondary education program of cooperative 
training or in apprenticeship training, or in an 
equivalent program approved by the school, 
full-time is 30 clock hours per week. 

(2) Definition of Regularly Attending 

A student is considered to be regularly attending if he 
or she has attended at least 80% of the elapsed days of 
the school calendar year. Regular attendance is not 
interrupted when the student is temporarily absent for 
reasons accepted by the school or institution, official 
school or institution vacation, illness or family 
emergency. The student is considered to be regularly 
attending through the end of the month in which he or 
she graduates. 

(B) Verification 

(1) Verification of full-time student status and regular 
attendance is mandatory and is verified by a signed 
statement from an appropriate school authority. 

(2) During summer months, if the statement listed in (1) 
above is unavailable, verification shall be by one 
of the following: 

(a) a report card from the last semester of the 
previous school year; or 

(b) a course schedule or other notice of attendance 
for the next school year; 

If the above-listed documents are unavailable, and 
if the worker is unable to obtain documentation 
through collateral contact, the self-declaration 
of the student shall be sufficient evidence. 



« 



I 



106 CHR; DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 10/91 Page 320.500 



320.500; Age 



The age of the applicant or recipient must be verified. 

Age shall be verified by one of the following documents provided the 
document contains evidence of the individual's age: 

birth certificate; 

hospital birth record; 

court records (e.g., adoption, separate support, adjudication of 

paternity) ; 

Notification of Birth (N0B-1) signed by appropriate hospital 

official; 

Social Security (RSDI) benefit records; 

Immigration and Naturalization records; 

baptismal certificate; 

school records; 

church records or a family bible; 

insurance policies; 

employment records; 

newspaper records and local histories; 

Indian agency records; 

child welfare service records; 

voluntary social service records; 

day care center records; 

Head Start Program records; 

passport ; 

United States Census records; 

driver's license; 

other governmental records; or 

an affidavit of a knowledgeable third person, if the applicant or 

recipient has demonstrated that he has tried unsuccessfully to obtain 

appropriate documents. 

The applicant or recipient has the primary responsibility for obtaining 
verification. If the applicant or recipient is unable to provide the 
verifications, the worker shall assist the applicant or recipient in 
obtaining needed information. 



« 



< 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-■ CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 Page 320.510 

320.510: Identification of the Applicant 

The worker shall establish the identity of the applicant. Proof of 
identity shall be by any one of the following: 



(A) a birth certificate, 

(B) a hospital birth record, 

(C) a Social Security Card, 

(D) a driver's license, 

(E) a voter registration card, 

(F) military service papers, 

(G) a marriage license, 
(H) court records, 

(I) employment papers, 

(J) a passport, 

(K) a baptismal certificate, 

(L) other official government document(s), or 

(M) in the event that none of the above are available at the time of 
application, identity may be temporarily verified by a signed and 
dated third-party, sworn statement from an authorized person from one 
of the following organizations: 

(1) educational, 

(2) emergency shelter, 

(3) medical, 

(4) rehabilitational, 

(5) religious, or 

(6) social services. 

An applicant or recipient who has established identity in a temporary 
manner must take the necessary steps to obtain permanent verification of 
identity as specified in 106 CMR 320.510 (A) through (M) within the 
application time frames. Unreasonable failure to do so shall result in 
the denial or termination of assistance; and furthermore, no additional 
periods of eligibility may be established until such permanent identity 
verification is provided. 



I 



I 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 1/92 Page 320.520 



320.520; Resident 



The term "resident" means any person living within the Commonwealth, 
notwithstanding the lack of a present abode, and having no present 
intention of definite and early removal, but not necessarily with the 
intention of remaining permanently. 

Any person(s) who enters the Commonwealth solely for the purpose of 
obtaining EAEDC assistance shall not be considered a resident. 



320.530; Place of Residence 



) 



An applicant or recipient and his or her dependents must reside in the 
Commonwealth of Massachusetts, but there is no durational residence 
requirement in the Commonwealth. 

Confinement of a person in a nursing home, hospital, or other medical 
institution in the Commonwealth shall not, in and of itself, be sufficient 
evidence to qualify such person as a resident under this chapter. 

An applicant or recipient who resides in a public nonmedical institution 
(e.g., a municipal infirmary), public psychiatric institution, or who 
temporarily enters a nursing home, public medical institution, or chronic 
hospital approved or licensed by the Department of Public Health may be 
eligible for assistance under this subchapter. 



320. 540; Temporary Absence 



It is not necessary that an applicant or recipient be physically present 
at all times in the place of residence. 

(A) Absence from Residence 

Temporary absences, including absences from the Commonwealth with 
subsequent returns to the residence or intent to return when the 
purpose of the absence is accomplished, do not interrupt continuity 
of residence. Temporary absences include those for such reasons as 
illness, business, school, or family commitments. In order for an 
absence to be temporary, there shall be an intent to retain the 
permanent residence. 

Temporary absence for a recipient shall also include admission to a 
private or public psychiatric institution for a period of up to two 
months from the date of admission. 

(B) Duration 

Temporary absences shall not exceed 60 days. 

(C) Exceptions 

Exceptions to the 60-day limit may be granted with the approval of 
the local office director when the applicant or recipient 
continues to maintain his or her permanent residence and (1) the 



i 



( 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-. CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 1/92 Page 320.550 

absence is due to death or illness of a friend or family member or 
illness of the applicant or recipient; and (2) failure to continue 
assistance will result in a severe hardship such as homelessness. 
The temporary absence shall in no event exceed six months. However, 
no exception to the two-month limit shall be granted for a recipient 
who is a patient in a private or public psychiatric institution. 

If an absence exceeds 60 days, verification of the reason for the 
absence and verification of intent to retain residency must be 
submitted. 

(D) Verifications 

Acceptable verification of the cause of the temporary absence 
includes medical documentation, a short-term business contract or 
school documents. Verification of intent to retain residency 
includes any one of the following provided it bears the name and 
address of the recipient: 

(1) a current rent or mortgage receipt; or 

(2) a current utility bill; or 

(3) a current telephone bill; or 

(A) any other form of documentation which the supervisor has 

determined verifies the continued residence or intent to retain 
residency, as appropriate, of the recipient. 

(E) Amount of Assistance 

Assistance shall be continued at the grant level received 
immediately prior to the temporary absence during such absence unless 
circumstances unrelated to the temporary absence warrant a change. 

(F) Address 

During a period of temporary absence checks shall be mailed to the 
address of the recipient's choice. 

320.550: Disqualifying Absences 

An applicant or recipient is not eligible while: 

(A) a patient in a private psychiatric institution unless the patient is 
a recipient whose absence meets the definition of temporary absence 
specified in 106 CMR 320.540; 

(B) an inmate of a penal institution; 

(C) absent from the United States; 

(D) permanently residing outside the Commonwealth; or 

(E) placed in family foster care or a group care facility by a Department 
of the Commonwealth or a private agency. 



• 



i 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 2/92 Page 320.600 

320.600: Citizens. Aliens, and Canadian-Born Indians 

To be eligible for assistance, the applicant or recipient must be either a 
citizen of the United States, an alien lawfully admitted for permanent 
residence or permanently residing in the United States under color of law, 
or an American Indian born in Canada. Verification of citizenship and/or 
alien status must be provided for each applicant and recipient required to 
be included in the assistance unit. 

320.610; Citizens 

(A) Requirements 

A person is a U.S. citizen. 

(B) Verification 

For a person born in the United States, citizenship is verified by a 
source that indicates the place of birth. 

For a person born outside of the United States, citizenship is 
verified by one of the following: 

(1) U.S. passport; 

(2) Naturalization certificate; 

(3) Military service papers; 

(4) U.S. Citizen Identity Card (Form 1-179); 

(5) U.S. Citizen Resident's Card (Form 1-197); 

(6) Proof that both parents were citizens at the time of the 
person's birth, and that one of them had been a resident of the 
United States prior to the birth of this person; 

(7) Proof that both parents became naturalized citizens prior to 
this person marrying or turning age 18; provided that at the 
time of the second parent's, or surviving parent's, 
naturalization the person was residing in the US pursuant to a 
lawful admission for permanent resident status, or thereafter 
begins to reside permanently in the US while under the age of 
18; or 

(8) Proof that one parent was a citizen of the US at the time of the 
person's birth and proof that such parent resided in the US for 
more than five years, two years of which were after the age of 
14. 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

,. CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (1 of 5) Page 320.620 



320.620: Aliens 

(A) Requirements 



An individual who is not a citizen may be eligible for assistance if he 
or she: 

(1) is a legal permanent resident; or 

(2) is permanently residing in the US under color of law. 

Permanently residing under color of law(PRUCOL) means that (i) the 
individual's presence in the US is known to INS; and, except as provided 
in 106 CMR 320.620, (ii) there is no evidence that INS is engaged in 
deportation proceedings against the individual. 

Aliens in lawful non-immigrant status, such as students, visitors and 
diplomats, are not eligible unless they otherwise satisfy the provisions 
of 106 CMR 320.620(B). 

(B) Verification of Aliens 

The status of an alien must be verified by the applicant or 
recipient. 

(1) The status of an individual lawfully admitted as a permanent 
resident is verified by: 

(a) An "Alien Registration Receipt Card" (INS-I-151), or a 
"Resident Alien Card" (INS-I-551). These are often referred 
to as "Green Cards" but may be issued in other colors. If 
the card has expired but it had been valid for 10 years, the 
card is still a valid form of verification. If the card has 
expired and it had been valid for two years, see 106 CMR 
320.620(B)(1)(d). 

(b) An unexpired "Re-entry Permit" (INS-I-327) used for travel 
purposes by persons who have been issued the INS-I-151 or 
the INS-I-551; 

(c) Official documentation from INS verifying that the alien has 
applied for a replacement INS-I-151 or INS- 1-551 in the 
event of loss, theft or expiration e.g., a receipt showing a 
request for replacement or a date-stamped copy of an INS-I- 
90; 

(d) Official documentation from INS verifying that the alien has 
filed for the removal of conditions on his or her permanent 
resident status, e.g., a receipt showing the filing of a 
form INS-I-751 or INS-I-752, or a date-stamped copy of an 
INS-I-751 or INS-I-752; 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (2 of 5) Page 320.620 

(e) A foreign passport, travel document or an Arrival Departure 
record (INS-I-94) stamped by INS to indicate that the 
document is to serve as temporary evidence of admission for 
or adjustment to permanent resident status. The stamp will 
have an expiration date, see 106 CMR 320.620(B)(1)(a) if the 
date has expired. 

(f) A temporary resident card (INS-I-688 or INS-I-688A) with a 
sticker (generally black) stating that the card is temporary 
evidence of admission for adjustment to permanent resident 
status; 

(g) Documentation from the INS, a court, or the Board of 
Immigration Appeals, that indicates that the alien has been 
granted a suspension of deportation pursuant to Section 244 
of the INA or an adjustment of status pursuant to Section 
245 of the INA; or 

(h) Any other official documentation from INS that indicates 
permanent resident status. 

(2) Verification that a person is permanently residing under color 
of law (PRUC0L) can be made by producing an Arrival Departure 
Record (INS-I-94) indicating one of the following statuses: 

(a) Refugee-conditional entry (pursuant to Section 203(a)(7) of 
the INA); 

(b) Refugee-paroled (pursuant to Section 207(c) of the INA, in 
effect after March 31, 1980); 

(c) Paroled (pursuant to Section 212(d)(5) of the INA); 

(d) Political asylum granted or pending and/or withholding of 
deportation granted or pending (pursuant to Sections 208 or 
243(h) of the INA) (An INS-I-94 that indicates that an INS- 
1-589 has been filed is sufficient verification of this 
status); 

(e) Cuban/Haitian entrant (status pending) or the initials 
"00E" or the words "Outstanding Order of Exclusion"; 

(f) Citizen of Cuba either entered in US or paroled after April 
20, 1980; 

(g) Citizen of Haiti granted "Voluntary Departure" status or 
paroled. (This person must have been in INS proceedings as 
of June 19, 1980.); 

(h) Temporary protected status (TPS) in accordance with Sections 
302 and 303 of the Immigration Act of 1990 (Public Law 101- 
649); 

(i) Voluntary departure status (granted for six months or more); 
or 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

..CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (3 of 5) Page 320.620 

( j ) Araerasian: a child fathered by a US citizen, who was born 
after 1950 and before October 22, 1982, in Korea, Vietnam, 
Laos, Kampuchea or Thailand. An INS-I-94 marked "AM-1", 
"AM-2" or "AM-3" indicates that a person is an Amerasian. 

(3) Verification that a person is permanently residing under color 
of law (PRUC0L) may be made by providing an Employment Authoriz- 
ation card (INS-I-688B) with one of the following notations 
(generally the number alone appears on the card): 



(a) 274a. 12(a)(3) (admitted as a refugee); 



(4) 



(b 
(c 
(d 
(e 
(f 

(g 
(h 

(i 
(j 
(k 

(1 
(m 

(n 
(o 



274a. 12(a) 

274a. 12(a) 

274a. 12(a) 

274a. 12(a) 

274a. 12(a) 

274a. 12(c) 

274a. 12(c) 

274a. 12(c) 

274a. 12(c) 

274a. 12(c) 
is clear f 

274a. 12(c) 

274a. 12(c) 

274a. 12(c) 

274a. 12(c) 



4) (paroled as a refugee); 

5) (asylum granted); 

10) (withholding of deportation); 

11) (extended voluntary departure granted); 

12) (temporary protected status granted); 

8) (asylum/withholding application pending); 

9) (adjustment of status pending); 

10) (suspension of deportation pending); 

11) (paroled into US); 

12) (voluntary departure granted, but only if it 
rom the card that it is for six months or more); 

14) (deferred action status granted); 

15) (registry pending)' 

18) (under an order of supervision); or 

19) (temporary protected status pending). 



PRUC0L status may also be demonstrated by the following documen- 
tation: 

(a) Documentation from INS verifying that the alien has filed a 
form A-102 or otherwise has applied for a replacement INS- 
1-94 indicating one of the statuses indicated in 106 CMR 
320.620(B)(2); 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



# 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

. CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (4 of 5) Page 320.620 

(b) Documentation from INS, a court, or the Board of Immigration 
Appeals, verifying a grant of voluntary departure status for 
six or more months, or a stay of deportation, or a grant of 
deferred action; or documentation that the alien has a 
pending request for a grant of voluntary departure status, a 
stay or suspension of deportation, or deferred action 
status, or for an extension of a voluntary departure; 

(c) Documentation of continuous residence in the US which 
commenced prior to January 1, 1972, including but not 
limited to rent receipts, library cards, bank statements, 
insurance policies, church membership, or an affidavit of a 
third person; 

(d) Documentation from INS, a court, or Board of Immigration 
Appeals verifying that the alien has been granted political 
asylum or has filed an application for political asylum 
(INS-I-589) which is currently pending; 

(e) Documentation that the person is a citizen of Cuba or Haiti 
who entered the US prior to 10/10/80; 

(f) Documentation from INS that lawful temporary resident status 
has been granted pursuant to Sections 201 or 302 of the 
Immigration and Reform Act of 1986 (INS-I-688 or INS-I- 
688A); 

(g) Documentation from INS that Temporary Protected Status (TPS) 
has been granted pursuant to Sections 302 or 303 of the 
Immigration Act of 1990 (INS-I-688B endorsed "Provisions of 
law 274A.12(A)(12)"); 

(h) Documentation from INS verifying that the alien has been 
registered for benefits pursuant to American Baptist 
Churches v. Thornburgh . 760 F. Supp 796 (N.D. Cal, 1991); 

(i) Documentation from INS that the alien has applied for or 

been granted voluntary departure status under Section 301 of 
the Immigration Act of 1990 (Family Unity and Temporary Pro- 
tected Status); 

(j) Documentation from INS that the alien is under an Order of 
Supervision; 

(k.) Documentation from INS that there is a pending application 
filed on behalf of the alien, who is a minor, for special 
immigration status pursuant to Section 101(a)(27)(J) of the 
INA; 

(1) Documentation from INS that the alien has a pending applica- 
tion for adjustment of status under Section 245 of the INA 
(INS-I-485 or INS-I-485A or INS-I-485C); or 



I 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 954 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 2/92 (5 of 5) Page 320.620 

(m) Any other official written documentation from INS that 

indicates the person is permanently residing under color of 
law (PRUCOL) in the US. 

(5) For purposes of 106 CMR 320.620(B), verification that an 
individual has filed a specified application with INS or that 
the individual has a specified pending request with INS may be 
provided by a notarized affidavit of an attorney stating that he 
or she has personal knowledge of such fact. 

(6) If an individual claims PRUCOL status, but cannot provide 
acceptable documentation, he or she shall only be determined 
eligible if he or she declares that he or she satisfies the 
PRUCOL requirements specified in 106 CMR 320. 620(B) (A) and sends 
a Freedom of Information ACT(FOIA) request pursuant to 5 USC 552 
to INS asking for verification of his or her status. The F0IA 
request shall be made on the form, or in the manner, prescribed 
by INS. This method of verification of PRUCOL status may be 
used by an individual only two times. If used twice, the 
individual in his or her second request must ask INS to send the 
response to the Department, in care of his or her worker. 
Verification that a F0IA request has been sent to INS and/or the 
second F0IA request names the Department as the intended 
recipient of INS' response shall be by one of the following: 

(a) the individual's worker reviewing and mailing (at the 
individual's cost) the F0IA request; or 

(b) a notarized affidavit of an attorney stating that he or she 
mailed and/or delivered the individual's FOIA request to INS 
and that the FOIA request contained the information as 
required by INS and the Department. 

(7) PRUCOL status is not established where: 

(a) an alien has been granted voluntary departure status of less 
than six months; or 

(b) INS has initiated deportation and such proceedings have not 
been stayed, suspended nor has an application for relief 
from deportation been filed. 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (1 of 5) Page 320.630 

320.630: Deeming of an Alien Sponsor 's Income and Assets 

(A) Definitions 

(1) Sponsor 

A sponsor is any person who, or public or private agency or 
organization that, executed an affidavit of support or similar 
agreement on behalf of an alien as a condition of that alien's 
entry into the United States. 

(2) Sponsored Alien 

A sponsored alien is an alien who has been admitted to the 
United States for permanent residence and for whom an affidavit 
of support was signed as a condition of entry. 

(B) Verification 

A sponsorship agreement must be verified. Verification shall be by 
one of the following: 

(1) a copy of the affidavit of support; 

(2) a copy of a similar agreement; 

>(3) other appropriate INS documents; 
(4) a statement signed by the sponsor; or 
(5) a statement signed by the sponsored alien applicant or 
recipient. 

(C) Aliens Who Are Exempt from Sponsored Alien Provisions 

The provisions of this section shall not apply to any alien who is: 

(1) the dependent child or step-child of the sponsor; 

(2) admitted as a conditional entrant refugee to the United States 
as a result of the application of the provisions of Section 
203(a)(7) (in effect prior to April 1, 1980) of the Immigration 
and Nationality Act; 

(3) admitted as a refugee to the United States as a result of the 
application of the provisions of Section 207(c) (in effect after 
March 31, 1980) of the Immigration and Nationality Act; 

(4) paroled into the United States as a refugee under Section 
212(d)(5) of the Immigration and Nationality Act; 

(5) granted political asylum by the Attorney General under Section 
208 of the Immigration and Nationality Act; 

| (6) a Cuban or Haitian entrant, as defined in Section 501(e) of the 

Refugee Education Assistance Act of 1980 (Public Law 96-422); 
or, 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



# 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (2 of 5) Page 320.630 

(7) the spouse, dependent child, relative or other household member 
of the sponsored alien's household not sponsored by the same 
sponsor or a different sponsor. 

9 

(D) Requirements 

(1) For the first three years after a sponsored alien enters the 
United States for permanent residence, the sponsored alien shall 
be deemed to receive support from his or her sponsor. 

(2) The sponsored alien applicant or recipient must cooperate in 
obtaining the necessary income and asset information from the 
sponsor. Failure of the sponsored alien applicant or recipient 
or the sponsor to cooperate in determining the amount of income 
and assets available to the sponsored alien applicant or 
recipient from the sponsor shall result in denial or termination 
of assistance. See also: 106 CMR 319.310: Responsibility for 
Verification . 

(E) Determination of Available Income from an Individual Sponsor 

(1) The total monthly gross earned and unearned income of a sponsor 
and sponsor's spouse (if the spouse is living with the sponsor) 
is deemed to be available to a sponsored alien subject to the 
following disregards: 

a. twenty percent of the total monthly gross earned income of 
the sponsor and of the sponsor's spouse (if living with the 
sponsor), not to exceed $175; 

b. the amount of the appropriate EAEDC Standard of Assistance 
for a family of the size and composition of the sponsor's 
family (see 106 CMR 321.420). Only those dependents who are 
living in the same household as the sponsor and who are or 
could be claimed by the sponsor as dependents for federal 
income tax purposes may be considered in calculating this 
disregard; 

c. any amount of money that the sponsor or sponsor's spouse 
actually pays to individuals who do not live in the same 
household as the sponsor, but who are or could be claimed as 
dependents for federal income tax purposes; and 

d. the amount actually paid by the sponsor or sponsor's spouse 
as child support or alimony payments, with respect to 
individuals not living in the household. 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (3 of 5) Page 320.630 

(2) No income may be deemed available from a sponsor or sponsor's 
spouse who receives of AFDC, RRP, EAEDC or SSI. 

(3) Verification 

The income of the sponsor or the sponsor's spouse, or both, 
shall be verified in accordance with Chapter 321. 

(F) Determination of Available Assets from an Individual Sponsor 

(1) The assets of the sponsor and the sponsor's spouse (if the 
spouse is living with the sponsor) shall be evaluated in 
accordance with 106 CMR 321.100 through 321. 140 and deemed 
available to the sponsored alien subject to the following 
disregard: the first $1500 of countable assets is not deemed 
available to the sponsored alien applicant or recipient. 

(2) Verification 

The assets of the sponsor or the sponsor's spouse, or both, 
shall be verified in accordance with 106 CMR 321.120. 

(G) Sponsorship of More Than One Alien 

(1) If an individual is the sponsor of more than one alien, the 
total amount of deemable income and assets shall be divided 
equally among the sponsored aliens. 

(2) Verification 

Sponsorship of more than one alien shall be verified in accor- 
dance with paragraph (B) above. 



♦ 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



> 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (4 of 5) Page 320.630 

(H) Sponsorship by a Public or Private Agency or Organization 

(1) A public or private agency or organization that sponsors an 
alien is presumed to be providing 'for the sponsored alien's 
financial needs. There are two exceptions to this rule: 

(a) An alien who is sponsored by a public or private agency or 
organization shall be eligible for EAEDC only when the 
public or private agency or organization no longer exists; 
or, 

(b) The amount of assistance provided by the public or private 
agency or organization is insufficient. 

(2) Verification 

(a) The nonexistence of a public or private agency or organ- 
ization shall be verified by a written statement, signed and 
dated by a third party, who would have knowledge that the 
agency or organization is no longer in existence. 

(b) A public or private agency's or organization's inability to 
provide sufficient support for the sponsored alien shall be 
verified by a written statement, signed and dated by an 
appropriate official of the agency or organization. This 
statement must include the reason for the agency's or 
organization's inability to provide sufficient support and 
the amount, if any, of support being provided to the 
sponsored alien. 

(3) Determination of Available Income from an Agency or Organization 

(a) To determine whether or not the available income from an 
agency or organization is sufficient to meet the needs of 
the sponsored alien, the income, if any, available from the 
agency or organization, shall be compared to the Standard of 
Need for a one-person household. 

If the income exceeds the Standard of Assistance for a one- 
person household, the income is sufficient to meet the needs 
of the sponsored alien. The sponsored alien is therefore 
ineligible. If the income is equal to or less than the 
Standard of Need for a one person household, see b. below. 

(b) The amount of income, if any, available from an agency or 
organization that is equal to or less than the standard of 
need for a one-person household is to be treated as unearned 
income in combination with any other countable income when 
determining eligibility for the sponsored alien and his or 
her assistance unit. (See Chapter 321.) 



I 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



# 



► 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

• CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 10/91 (5 of 5) Page 320.630 

(I) Repayment of Overpayments to Sponsored Aliens 

(1) If an overpayment is made to a sponsored alien during the time 
that the sponsor's income or assets, or both, are deemed to the 
alien and the overpayment was due entirely or in part to the 
sponsor's failure to provide correct income and asset informa- 
tion to the Department, both the sponsored alien and the sponsor 
shall be jointly and severally liable for repayment of the 
overpayment. The repayment of the overpayment shall be in 
accordance with 106 CMR 323.200, et seq. 

(2) The sponsor will not be liable for repayment of the overpayment 
if he or she can show good cause for failure to provide correct 
income and asset information or is found to be without fault in 
providing such information. 

Situations where a sponsor is without fault or has good cause 
for failure to provide correct income and asset information are: 

(a) The incorrect information relates to the sponsored alien 
only and not the sponsor; or 

(b) The incorrect information relates to the sponsor and 
evidence exists that the sponsor provided correct informa- 
tion to the sponsored alien who transmitted that information 
incorrectly to the Department; or 

(c) Evidence exists that the sponsored alien falsified verifica- 
tions) . 

If the sponsor is found to be without fault or has good cause 
for failure to provide correct income and asset information, the 
sponsored alien is liable for repayment of the overpayment. The 
repayment of the overpayment shall be in accordance with 106 CMR 
323.250, et seq. 

(3) The amount of the EAEDC overpayment shall be offset by any child 
support or other third party payments received by the Department 
during the time period in question. In no event may the 
Department recover more than the total overpayment. 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



I 



> 



Trans, by S.L. 9A6 

EMERGENCY AID TO THE ELDERLY AND DISABLED 

"CATEGORICAL REQUIREMENTS Chapter 320 
Rev. 12/91 Page 320. 6A0 

320. 6A0: American Indian Born in Canada 

(A) Requirements 

A person with at least 50 percent Indian blood who was born in Canada 
and who has maintained residence in the United States since his or 
her entry must be regarded as having been lawfully admitted for 
permanent residence. 

Persons with less than 50 percent Indian blood must satisfy the 
requirements of 106 CMR 320.620: Aliens , and, if appropriate, 
320.630: Deeming of an Alien Sponsor's Income and Assets. 

(B) Verifications 

This status must be verified. Canada-born Indian status is verified 
by one of the following: 

(1) a "band card" issued by the band council of a Canadian Indian 
reserve; 

(2) birth or baptism records; 

(3) a provincial Union of Indians card (such as a Union of Nova 
Scotia Indians card); or 

(A) an affidavit from a tribal official or other person knowledge- 
able about the applicant's or recipient's family ancestry. 

320.650: Decision of Alien to Apply for Assistance 

An alien who does not have immigrant status must be informed that receipt 
of public assistance may result in an adverse decision by INS when the 
person is eligible to apply for a change of status to permanently admitted 
alien. It is important that an individual fully understand the implica- 
tions of his or her immigration status before deciding whether or not to 
apply for or to receive public assistance. 

320.660: Disclosure of Information to INS 

The worker is prohibited from disclosing information regarding persons on 
EAEDC without their consent. The alien may request information from his 
or her own record and make a voluntary disclosure to INS. 



• 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 964 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-.CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 7/92 (1 of A) Page 320.700 

320.700; Social Security Number (SSN) 

(A) Social Security Number (SSN) Requirements 

As a condition of eligibility, each applicant or recipient must 
verify a social security number (SSN) for each person for whom 
assistance is requested or received. Each SSN shall also be verified 
by a computer match performed by the Department with the Social 
Security Administration (SSA). SSA sources that verify the SSN 
include, but are not limited to, BENDEX Title II and Title XVIII 
data, Numident and State Data Exchange information. 

(1) Verification of an SSN or application for an SSN shall be by: 

(a) the Social Security card of the applicant or recipient; 

(b) verification from SSA that he or she has applied for an SSN 
or applied to have an already-existing number validated; or 

(c) a copy of an SSN verified for another Department program. 

(2) Except as provided in 106 CMR 320.700(A)(4), any member of the 
assistance unit who is unable to verify an SSN, or for whom more 
than one SSN is verified, must provide verification from the 
SSA, in accordance with 106 CMR 320.700(B)(2), stating that he 
or she: 

(a) has applied for a number; 

(b) has applied to have an already-existing number validated; or 

(c) is unable to obtain an SSN because of his or her particular 
PRUC0L status. 

(3) Assistance may not be denied, delayed, or decreased pending the 
issuance or verification of an SSN if the applicant or recipient 
has complied with the requirements specified in 106 CMR 320.700 
(A) and/or (B). 

(4) An applicant or recipient who does not provide such verification 
of an SSN that the Department can verify by computer match with 
the SSA must be excluded from the assistance unit. The ap- 
plicant or recipient may, however, be the grantee-relative for 
those children for whom an SSN has been furnished or an applica- 
tion initiated. 

The only exception to this requirement shall be an EAEDC ap- 
plicant or recipient whose particular PRUC0L status (see 106 CMR 
320.620) precludes issuance of an SSN by SSA regulations. Such 
person shall either provide the verif ication(s) required by 106 
CMR 320.700(B) or otherwise prove to the satisfaction of the 
Department that he or she is unable to obtain an SSN because of 
his or her particular PRUC0L status. 



• 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 964 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

- CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 7/92 (2 of A) Page 320.700 

(B) Verification Requirements and Acceptable Verifications 

(1) Requirements 

The worker shall refer the applicant or recipient to the nearest 
SSA office when the applicant or recipient cannot verify the 
necessary SSN(s) because: 

(a) it has never been assigned; 

(b) the applicant or recipient has no verification of the SSN; 

(c) it is necessary to validate an already-existing number when 
two or more numbers are verified for a person; or 

(d) the applicant or recipient claims he or she is unable to 
obtain an SSN because of his or her particular PRUC0L 
status. 

Except as provided in 106 CMR 320.700(A)(4), the applicant or 
recipient must obtain verification from the SSA, as specified in 
106 CMR 320.700(B)(2), stating that: 

(e) he or she has applied for an SSN; 

(f) he or she has applied to have an already-existing number 
validated; or 

(g) issuance of an SSN to a person in his or her particular 
PRUC0L status is prohibited by SSA regulations. 

Upon delivery of such verification to the worker, the applicant 
or recipient shall be considered eligible to receive assistance, 
providing that he or she meets all other eligibility require- 
ments. 

The worker shall inform the applicant or recipient that the SSA 
office may require verification of age, identity, and citizen- 
ship or alien status. The worker shall provide the applicant or 
recipient upon request with any documents existing in the EAEDC 
case record that provide the verifications necessary to apply 
for an SSN or to apply to have an already-existing number 
validated. The worker shall retain a copy of any document(s) 
given to the applicant or recipient in the case record. 

(2) Verifications 

Verification that the applicant or recipient has applied for an 
SSN or has applied to have an already-existing number validated 



< 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 964 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

- CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 7/92 (3 of 4) Page 320.700 

or that he or she cannot obtain an SSN because of his or her 
particular PRUC0L status based on SSA's regulations for the 
issuance of an SSN shall be provided at the following times: 

(a) at application, when the applicant or recipient cannot 
verify the SSN for any of the reasons listed in 106 CMR 
320.700(B)(1); 

(b) when there is a match discrepancy, as specified in 106 CMR 
320.700(C); 

(c) when there is a question as to the validity of the number 
and/or the identity of the applicant or recipient; or 

(d) when the status of an alien changes such that SSA 
regulations would permit the issuance of an SSN to this 
person. 

The signature of an SSA employee on the ENUM-2 form is the 
preferred verification that an applicant or recipient has 
applied for an SSN or has applied to have an already-existing 
number validated. In the absence of the ENUM-2 form, one of the 
following shall be sufficient: 

(e) form 5028 from SSA; 

(f) form SSA 2853; 

(g) any other written communication from an SSA office verifying 
that the applicant or recipient has applied for an SSN or 
has applied to have an already-existing number validated; or 

(h) any written communication from an SSA office verifying that 
the applicant or recipient cannot be issued an SSN by the 
SSA because of his or her particular PRUC0L status. 

(C) Match Discrepancies 

When an applicant or recipient verifies a number that cannot also be 
verified by computer match with the SSA, in accordance with 106 CMR 
320.700(A), the worker shall refer the applicant or recipient to the 
nearest SSA office. 

An applicant or recipient whose SSN produces a match discrepancy must 
obtain verification from the SSA, as specified in 106 CMR 
320.700(B)(2), stating that he or she: 

(1) has applied for an SSN; 

(2) has applied to have an already-existing number validated; or 

(3) is unable to be issued an SSN because of his or her particular 
PRUC0L status. 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 964 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

- CATEGORICAL REQUIREMENTS Chapter 320 

Rev. 7/92 (4 of 4) Page 320.700 

Upon delivery of such verification to the worker, the applicant or 
recipient shall be considered eligible to receive assistance, 
provided that he or she meets all other eligibility requirements. 

The worker shall inform the applicant or recipient that the SSA 
office may require verification of age, identity, and citizenship or 
alien status. The worker shall provide the applicant or recipient, 
upon request, with any documents existing in the EAEDC case record 
that provide the verifications necessary to apply for an SSN or to 
apply to have an already-existing number validated. The worker shall 
retain a copy in the case record of any document(s) given to the 
applicant or recipient. 

An applicant or recipient whose SSN produces a match discrepancy 
shall only be referred to SSA once to obtain verification that he or 
she has applied for an SSN or has applied to have an already-existing 
number validated or that he or she is unable to obtain an SSN because 
of his or her particular PRUC0L status. Should a second match 
discrepancy occur after the applicant or recipient has provided the 
SSA verifications necessary to rectify the original match 
discrepancy, it will be assumed that the SSN furnished is valid and 
has been verified for purposes of eligibility, unless the identity of 
the applicant or recipient and/or the validity of the SSN become 
questionable. 

(D) Right to Know Uses of Social Security Numbers 

The applicant or recipient has the right to know how the Department 
will use his or her SSN and the numbers of all members of the 
assistance unit. At the time the applicant is given the application 
form, he or she will also be given written notice on a form 
prescribed by the Department explaining the following: 

(1) the purposes for which the numbers are sought; 

(2) that the SSN(s) will be computer cross-checked with SSNs 
appearing in other personal data files; 

(3) what those files are, whether within the Department, in other 
governmental agencies or elsewhere; and 

(4) that failure to meet Department requirements for verifying an 
SSN shall result in denial or termination of benefits. 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 Page 321. XXX 



SECTION 


321 


.XXX 


321, 


.000 


321 


.010 


321 


.100 


321, 


.110 


321, 


.120 


321, 


.125 


321, 


.130 


321, 


.135 


321, 


.140 


321, 


.200 


321, 


.210 


321 


.220 


321, 


.230 


321, 


.235 


321, 


.240 


321. 


,245 


321, 


.250 


321, 


.260 


321, 


.270 


321, 


.275 


321, 


.280 


321, 


,290 


321. 


.300 


321. 


,310 


321. 


,320 


321. 


,325 


321. 


,400 


321. 


,410 


321. 


,420 


321. 


,500 


321. 


,510 


321, 


,600 


321, 


,610 



TABLE OF CONTENTS 

Overview of Financial Eligibility 

General Requirements for Financial Eligibility 

Assets 

Asset Limitation 
Countable Assets 
Inaccessible Assets 
Joint Ownership of Assets 
Transfer of Assets 
Noncountable Assets 

Income 

Types of Countable Income 

Rules for Counting Income 

Circumstances Governed by Legal Support Obligations 

Eligibility Test for Person Caring for a Disabled Person 

Lump Sum Income 

Retroactive Social Security Benefits 

Noncountable Income 

Income Test of Eligibility 

Work-Related Expense Deduction 

Dependent Care Deduction 

Eligibility for the $30 and One-Third Disregard and the $30 Disregard 

Verification and Determination of Income 

Membership in the Assistance Unit and Filing Unit 
Composition of the Assistance Unit 
Composition of the Filing Unit 
Failure to Cooperate 

Introduction - Living Arrangement and Grant Calculation 
Living Arrangement 
Standards of Assistance 

Calculation of Grant Amount 
Guide for Income-In-Kind 

Payment of Assistance Grants 
Minimum Monthly Payment 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 Page 321.000 ' 

321.000; Overviev of Financial Eligibility 

In order to receive EAEDC, an applicant or recipient must meet financial 
eligibility requirements as well as the requirements specified in Chapter 
320: Categorical Requirements . 

An applicant or recipient meets the financial eligibility requirements if 
he or she has assets and income at or below levels specified by the 
Department. The purpose of this chapter is to show how financial 
eligibility is established. The topics covered are: 

(A) Assets, 106 CMR 321.100; 

(B) Income, 106 CMR 321.200; 

(C) Membership in the Assistance Unit and Filing Unit, 106 CMR 321.300; 

(D) Standards of Assistance, 106 CMR 321.420; 

(E) Calculation of the Grant Amount, 106 CMR 321.500; and 

(F) Payment of Grants, 106 CMR 321.520. 

321.010: General Requirements for Financial Eligibility 

There are two major elements in the determination of financial 
eligibility: an assets test and an income test. In order for the 
assistance unit to be eligible for EAEDC, the combined assets and the 
combined income of the filing unit may not be above the limits specified 
by the Department. 

The specific requirements of the test of financial eligibility are 
discussed in the following sections: 

(A) 106 CMR 321.300, 321.310, and 321.320 provide the requirements for 
determining who is in the filing unit, who is in the assistance unit, 
and whose assets, income, and needs are to be considered in 
determining eligibility. 

(B) 106 CMR 321.100: Assets provides the requirements for determining how 
assets are to be counted in the eligibility test. 

(C) 106 CMR 321.200: Income provides the requirements for determining 
how income is to be counted in the eligibility test. 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 1/92 Page 321.100 

(D) 106 CMR 321. 420: Standards of Assistance provides the maximum 
amounts that may be received as a monthly grant. 

The remaining sections provide the requirements for calculating and paying 
the grant once eligibility has been established. 

321.100: Assets 

Assets are objects of value, other than income as defined in 106 CMR 
321. 240, such as personal property, real estate, vehicles, the cash 
surrender value of life insurance, cash, bank deposits, and negotiable 
securities. Countable assets are all assets that are considered for 
eligibility determination. Noncountable assets are all assets that are 
exempt from consideration. All assets are considered countable unless 
inaccessible in accordance with 106 CMR 321.125 or noncountable in 
accordance with 106 CMR 321.140. 

321.110: Asset Limitation 

In order for the assistance unit to be eligible for assistance, the 
combined assets of the filing unit may not exceed: 

(A) $250 for an assistance unit of one; or 

(B) $500 for an assistance unit of two or more. 

The dollar value of an asset shall be its equity value. An asset's equity 
value is its fair market value minus any legal encumbrances or obliga- 
tions. 

321.120: Countable Assets 

Assets that shall be considered in determining financial eligibility 
include but are not limited to: 

(A) Cash 

(1) Definition 

Currency, checks, or bank drafts in the possession of or 
available to the filing unit. 

(2) Verification 

The amount of cash shall be counted at application, redeter- 
mination, and when a change is reported. 

The applicant's or recipient's declaration on the application or 
redetermination form stating the amount of cash available to the 
filing unit shall be sufficient evidence. 



• 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 951 ■ 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-.. FINANCIAL ELIGIBILITY Chapter 321 

Rev. 1/92 (1 of 9) Page 321.120 

(B) Bank Deposits 

(1) Requirement 

Bank deposits are deposits in a bank, savings and loan 
institution, credit union, or other financial institution. 
Bank deposits may be in the form of savings, checking, trust 
accounts, term certificates, or other types of accounts. 

Funds in a bank account shall be considered to be available only 
where and to the extent that a member of the filing unit has 
both ownership of and access to such funds. The determination 
of ownership of and access to funds in a bank account shall be 
made in conformity to Massachusetts State law, including common 
law. 

(2) Joint Accounts 

If a member of the filing unit is a co-holder of a joint bank 
account, the entire amount on deposit shall be considered 
available as an asset unless the member of the filing unit 
demonstrates otherwise. 

A member of the filing unit who states that he or she is not the 
owner, or is only partial owner, of the funds shall be required 
to demonstrate the ownership of the funds. A member of the 
filing unit who states that he or she has no access, or only 
partial access to the funds, shall be required to demonstrate 
such lack of access. 

(3) Verification of Access to and Ownership of Bank Deposits 

If lack of either access to or ownership of the funds in the 
account is verified, the funds shall not be considered available 
as an asset. 

Verification that a member of the filing unit lacks access to 
and ownership of the funds may be demonstrated by the member of 
the filing unit having his or her name removed from the account. 
If the member of the filing unit cannot remove or chooses not to 
remove his or her name from the account, then lack of either 
access or ownership must be verified. 

(a) Prior to determining lack of ownership, there shall be a 
determination of whether the member of the filing unit has 
access to the account (See 106 CMR 321.125: Inaccessible 
Assets ) . If lack of access is demonstrated, the funds are 
not available. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (2 of 9) Page 321.120 

If the verification submitted does not demonstrate lack of 
access, the worker shall proceed to determine ownership. 

(b) Verification that the member of the filing unit lacks 

ownership of, or has only partial ownership of, the funds in 
the account shall be demonstrated by at least two of the 
following: 

1. Documents showing the origin of the funds, who opened 
the account, or whose money was used to open the 
account; 

2. Documentation through federal or state tax records as to 
which of the joint account holders declares the tax on 
the interest credited to the account as income; 

3. Records of who makes deposits and withdrawals and, if 
appropriate, of how withdrawn funds are spent; 

4. Any reasonable evidence of written or oral agreements 
made between the parties listed on the account or by 
someone who established or contributed to the account, 
with respect to the ownership of the funds in the 
account ; 

5. When the member of the filing unit states that he or 
she does not own the account but is listed as a co- 
holder solely as a convenience to the other co-holder to 
conduct bank transactions on his or her behalf, evidence 
of the age, relationship, physical or mental condition, 
or place of residence of the co-holder shall be 
provided; 

6. Evidence as to why the member of the filing unit is 
listed on the account; 

7. A signed, notarized statement from the member of the 
filing unit and from at least one of (a) other indi- 
viduals listed on the joint account, or (b) a person who 
established or contributed to the account, stating that 
the member of the filing unit had no knowledge of the 
existence of the account; or 

8. If only one of the above is available and if the other 
individual(s) listed on the account or who had 
established or contributed to the account is 
unavailable or is unable or unwilling to provide a 
statement, the second proof may be a signed statement 
from the member of the filing unit attesting under 
penalties of perjury as to the ownership of funds in the 
account. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FIANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (3 of 9) Page 321.120 

A document or piece of evidence submitted to verify a particu- 
lar fact shall not count as more than one verification under 
the above subsections. However, a document, piece of evidence 
or a statement may address more than one fact needed for 
verification. 

If a member of the filing unit would be required to pay to 
obtain documents or other verification and no other method of 
verification is available, the Department, if it determines 
the document is necessary, shall obtain the documents. 

(A) Verification of Account Balances 

Verification of the current balance of each account is man- 
datory at application, at redetermination, and at times of 
reported change. 

The amount on deposit shall be verified by bank books or bank 
statements that show the bank balance within 45 days of the date 
of the application or redetermination interview. 

If, at redetermination, a member of the filing unit declares a 
balance of $25 or less in an account, other than a checking 
account, verification shall not be required provided a balance 
of $25 or less was verified for the same account at the last 
eligibility determination, and the account balance, in com- 
bination with other assets, would not affect continued eli- 
gibility of the assistance unit. The member of the filing 
unit's declaration shall be recorded in the case record. 

(C) Individual Retirement Accounts, Keogh Plans and Pensions 

(1) Requirement 

An Individual Retirement Account (IRA) is a tax-deductible 
savings program that sets aside money for retirement. Funds in 
an IRA are counted as an asset in their entirety less the amount 
of penalty for early withdrawal. 

A Keogh plan is a retirement plan established by a self- 
employed individual. A Keogh plan may be established for the 
self-employed individual alone or for the self-employed 
individual and his or her employees. If the Keogh plan was 
established for the self-employed individual alone, the funds in 
the Plan are counted as an asset in their entirety less the 
amount of penalty for early withdrawal. If the Keogh plan was 
established for employees who are not members of the filing unit 
as well as for the self-employed individual, the funds are not 
counted as an asset. 



• 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (4 of 9) Page 321.120 

Pensions funds are retirement plans established by employers to 
provide benefit payments to their employees upon retirement or 
disability. Pension funds that are being set aside by an 
individual's current employer shall not be countable as an 
asset. Pension funds from an individual's former employer shall 
be countable in their entirety less any penalties for 
withdrawal, provided that such funds are accessible. (See 106 
CMR 321.125: Inaccessible Assets .) 

(2) Verification 

Verification of the current value of the IRA, Keogh plan or 
pension is mandatory at application, redetermination, and when a 
change is reported. 

The amount of the funds available to members of the filing unit 
shall be verified by a written statement from the financial 
institution or employer, dated within 45 days of the date of the 
application or redetermination interview. 

(D) Securities 

(1) Requirement 

Stocks, bonds, options, futures contracts, debentures, mutual 
and money market fund shares, government, bank, corporate or 
promissory notes, and other financial instruments are countable 
assets. Tradeable securities are valued at the most recent 
closing bid price, and non-tradeable securities are valued at 
current equity value. A security for which there is no market 
or which is inaccessible in accordance with 106 CMR 321.125 
shall be noncountable. 

(2) Verification 

Verification of the current value of each security is mandatory 
at application, redetermination, and when a change is reported. 
The number of securities owned shall be substantiated by the 
written statement of the applicant or recipient. 

Any one of the following shall be sufficient verification of the 
value of a security: 

(a) a statement from the individual, corporation, licensed 
stockbroker, bank or government agency that issued the 
security; 

(b) a clipping from a current daily newspaper showing the date 
and closing bid price; 



• 



I 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (5 of 9) Page 321.120 

(c) a statement from any bank or other financial services 
institution able to verify the current value of a par- 
ticular security; or 

(d) documentation from a current financial publication. 

A claim that a particular security has no market value shall be 
verified by one of the above. 

A claim that a particular security is inaccessible shall be 
verified in accordance with 106 CMR 321.125: Inaccessible 
Assets . 

(E) Cash Surrender Value of Life Insurance Policies 

(1) Requirement 

The total cash surrender value of all life insurance policies is 
a countable asset. The cash surrender value of a life insurance 
policy is the amount the issuing company has agreed to pay the 
owner of the policy upon its cancellation. 

(2) Verification 

The verification of the cash surrender value (CSV) of all life 
insurance policies is mandatory at application and at times of 
reported change. Cash surrender value shall also be reverified 
at least once a year. 

Cash surrender value shall be verified by the table of loan and 
cash surrender value amounts located on the actual policy, or by 
a written statement from the issuing company or its 
representative. If the total cash surrender value of all 
policies owned by the filing unit, combined with the value of 
all other countable assets, is within $150 of the asset limit, 
or, if the policy is paid up or has been in effect longer than 
the number of years covered by the table, verification of the 
CSV must be obtained from the issuing company or agent. 

(F) Burial Insurance 

(1) Requirement 

The cash surrender value of a burial insurance policy is a 
countable asset. 

(2) Verification 

The verification of the cash surrender value of burial insurance 
is mandatory at application and at times of reported change and 
shall be by the table of cash surrender values in the policy 
itself, or by a signed statement from the seller. 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (6 of 9) Page 321.120 

(G) Vehicles 

(1) Requirements 

The first $1500 of the equity value of a vehicle is noncountable. 
Any equity value in excess of $1500 is a countable asset. 

The full equity value of all other vehicles owned by the assistance 
unit (including vehicles that are used primarily for recreational 
purposes such as snowmobiles, boats, trailers, jeeps, vans, and 
motorcycles) shall be countable. When the assistance unit owns more 
than one vehicle, the $1500 equity limit shall be applied to the 
vehicle having the greatest equity value, provided it is used 
primarily for the transportation of the assistance unit. 

(2) Verification 

The equity value and fair market value of all countable vehicles 
shall be verified at application and when another vehicle is 
acquired. Equity value and fair market value shall also be verified 
at redetermination if the Department has reason to believe that the 
value has increased or changed so that, combined with other assets, 
the value affects or may affect continued eligibility. 

(a) Equity Value 

Equity value is determined by subtracting the balance of any 
liens or legal encumbrances from the fair market value of the 
vehicle. 

The balance of an outstanding lien or legal encumbrance shall 
be verified by the payment book or a statement from the bank, 
finance company, or lender showing the payment schedule and the 
outstanding balance. 

(b) Fair Market Value 

Fair market value is the price for which the vehicle will 
sell on the open market. 

The fair market value shall be verified by one of the 
following and in the following order of preference: 

1. the wholesale value (for cars and trucks) and finance 
value (for recreational vehicles) tables in the most 
recent vehicle valuation book used by the Department; or 

2. the low value in an older car valuation book (for cars 
and trucks); if the car or truck is too old to be listed 
in an older car valuation book, it shall be assigned a 
value of $250; or 



< 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 '_ (7 of 9) Page 321.120 '• 

3. the written appraisal of a licensed automobile dealer 
who deals with classic, custom-made or antique vehicles 
if the vehicle is considered a classic, custom-made, or 
antique; or 

4. for recreational vehicles, the projected loan value as 
quoted by a bank or other lending institution; 
documents showing the value of the vehicle for insurance 
purposes; or a written estimate of the cash value of the 
vehicle from a licensed recreational vehicle dealer. 

If a vehicle is specially equipped with apparatus for the 
handicapped, has low mileage, or has other optional 
equipment, these factors shall not increase the value of 
the vehicle. 

If the fair market value, as determined in items 1 through 4 
above, in combination with other assets, exceeds the EAEDC 
asset limitation, the Department shall notify the household 
of the method by which the value was determined and the 
procedures to rebut the valuation. 

The applicant or recipient may rebut the valuation assigned 
by the Department by submitting evidence such as the written 
estimate of a licensed automobile dealer; at least two 
current newspaper advertisements showing the amount for 
which like vehicles are being sold; or a more recent and/or 
different vehicle valuation book. 

(c) Ownership 

When joint ownership by two or more persons is claimed, 
verification of ownership of the vehicle shall be mandatory 
at application and when a change regarding joint ownership 
of vehicles is reported. Ownership and distribution of 
ownership shall be determined and verified in accordance 
with 106 CMR 321.130. 

(H) Real Estate (Other Than the Home ) 

(1) Requirement 

The equity value of all real property owned by a member(s) of 
the filing unit other than the principal place of residence and 
the land on which it rests, shall be a countable asset except as 
specified in 106 CMR 321.140. 



• 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

,. FINANCIAL ELIGIBILITY Chapter 321 

Rev. 1/92 (8 of 9) Page 321.120 

Equity value is the fair market value less any legal 
encumbrances or obligations. 

Fair market value is the price for which the real property will 
sell on the open market in the geographic area involved, taking 
into consideration the size, location, condition and other 
factors affecting the property's value. 

(2) Verification 

The fair market value and equity value of all countable real 
estate owned by the filing unit shall be verified at 
application, and at times of reported change when it affects or 
may affect eligibility. 

Fair market value shall be verified by a copy of the most recent 
tax bill or the property tax assessment that was most recently 
issued by the taxing jurisdiction provided that this assessment 
is not: 

(a) a special purpose assessment; 

(b) based on a fixed rate per acre method; or 

(c) based on an assessment ratio or providing only a range. 

If the lender(s) is an organization, the verification of 
encumbrances or legally enforceable obligations on the prop- 
erty shall be a copy of loan instruments or other binding 
documents that evidence the outstanding balance of the loan. If 
the lender is an individual, the amount of the encumbrances or 
obligations shall be verified by either a copy of the loan 
instrument and a signed statement from the lender setting forth 
the payment schedule and outstanding balance of the loan, or 
other document that evidences the outstanding balance of the 
loan. 

In the event that a current property tax assessment is not 
available or the applicant or recipient wishes to rebut the fair 
market value determined by the Department, a comparable market 
analysis or a written appraisal of the value of the property 
from a knowledgeable source shall establish the fair market 
value. A knowledgeable source shall be a licensed real estate 
agent or broker; a real estate appraiser; bank, savings and loan 
association or similar lending organization; or an official of 
the local real property tax jurisdiction. The applicant or 
recipient may rebut the fair market value determined by the 
Department at any time by presenting a new appraisal that 
reflects changes in the property and/or the market for the 
property. 



« 



( 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 '" (9 of 9) Page 321.120 

(I) Income Tax Refunds 

(1) Requirements 

Income tax refunds, except for the portion, if any, that is 
received as an earned income credit, shall be considered a 
countable asset and noncountable as income. 

(2) Verification 

An income tax refund shall be verified at the time of receipt by 
one of the following: 

(a) a copy of the check or payment document; or 

(b) a written statement from the agency making the payment; or 

(c) a copy of the tax return. 



♦ 



( 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (1 of 2) Page 321.125 



321.125: Inaccessible Assets 
(A) Requirements 



> 



An inaccessible asset is an asset to which the individual has no 
ready access and is not counted when determining eligibility for 
EAEDC. 

(1) Inaccessible assets include, but are not limited to, property 
the ownership of which is the subject of legal proceedings and 
irrevocable trust funds. 

(2) Any funds in a trust and the income produced by that trust to 
the extent it is not available to the assistance unit shall be 
considered inaccessible to the assistance unit if all of the 
conditions listed below are met by the trust arrangement. 

(a) No member of the assistance unit has the power to revoke the 
trust arrangement or change the name of the beneficiary. 

(b) The trustee administering the trust is either (1) a court 
or an institution, corporation, or organization that is not 
under the direction or ownership of any assistance unit 
member; (2) an individual appointed by the court who has 
court imposed limitations placed on his or her use of the 
funds; or (3) an individual whose responsibilities are 
governed by the terms of the irrevocable trust and who is 
not under the direction or control of any assistance unit 
members. 

(c) Trust investments made on behalf of the trust do not 
directly involve or assist any business or corporation under 
the control, direction, or influence of a member of the 
assistance unit. 

(3) All assets to which the applicant or recipient is legally 
entitled shall be considered accessible to the applicant or 
recipient 

(a) from the date of application or acquisition, whichever is 
later, if the applicant or recipient does not meet the 
condition specified in 106 CMR 321.125(A)(3)(b); or 

(b) from the period beginning six months after the date of 
application or acquisition, whichever is later, if the 
applicant or recipient is incapable of competently 
representing his or her own interests, has no guardian or 
conservator capable of representing the applicant's or 
recipient's interests, and the representative (who may be a 
provider) of such applicant or recipient is making a good 
faith effort to secure the appointment of a competent 
guardian or conservator. 



I 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 -•■ (2 of 2) Page 321.125 -' 

(B) Verifications 

Verification of inaccessibility of an asset is mandatory at 
application or whenever a change in circumstances regarding the 
accessibility of the asset has changed. The following documents 
may be used, as appropriate, to verify inaccessibility: 

(1) A copy of the original legal instrument that established the 
inaccessibility of the asset; 

(2) Relevant legal or financial statements that document the 
inaccessibility of the asset, if the original legal instrument 
is not available. 

(3) Documents showing how the holder's name(s) appears on the bank 
account or security. 

(a) If the account is titled A or B, both individuals have full 
access to the account; 

(b) If the account is titled A and B, neither individual has 
access to the account without the consent of the coholder. 
The applicant or recipient must submit a written statement 
from the coholder denying such consent. If the applicant or 
recipient is unable to obtain such a statement, he may 
submit an affidavit stating that he does not have the 
coholders consent; 

(c) If the account is titled A in trust for B, or A for B, A has 
full access to the account and B has no access to the 
account; 

(d) If the account title contains only one name, that individual 
has full access to the account. 

(4) A copy of the trust or other legal document that verifies that 
it is an irrevocable trust and it meets all of the conditions 
specified in 106 CMR 321.125(A)(2); 

(5) A written statement from a competent medical authority verifying 
that, and describing the medical reason(s) why, 

(a) the applicant or recipient is incapable of competently 
representing his or her own interests; or 

(b) the guardian or conservator, if any, is incapable of 
competently representing the applicant's or recipient's 
interests. 

If an applicant or recipient demonstrates lack of ownership, 
inaccessibility to the asset, or both, the asset is not considered in 
the determination of eligibility. 



( 



106 CMR: DEPARTMENT OF PUBLIC VELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 Page 321.130 ' 

321.130: Joint Ownership of Assets 

(A) Definition 

Any asset, other than a bank account, jointly owned by two or more 
persons is considered to be owned in equal shares unless a different 
distribution of ownership is verified. If joint ownership exists, 
only that portion of the asset owned by persons included in the 
filing unit is countable. Refer to 106 CMR 321.120(B) for treatment 
of joint bank accounts. 

(B) Verification 

Documents that verify other than equal ownership include, but are not 
limited to, titles, contracts, or other certificates of ownership. 

321.135: Transfer of Assets 

(A) Transfer of Assets Other Than Real Property 

Assistance shall not be granted to an individual or family who at any 
time within one year immediately prior to application for EAEDC has 
made an assignment or transfer of assets so as to render the 
individual or family eligible for assistance. 

The Department must demonstrate that the applicant transferred the 
asset(s) for the purpose of obtaining eligibility for by 
consideration of such factors as the following: 

(1) whether the individual would have been eligible for EAEDC if the 
asset had not been transferred; 

(2) whether the individual retained sufficient assets after the 
transfer to provide for his/her maintenance based on his/her age 
and physical condition at the time of the transfer; 

(3) whether the transfer was made to satisfy a legally enforceable 
debt or to reimburse someone other than a legally responsible 
person for care or services provided with the understanding that 
reimbursement would be made; and/or 

(4) whether the individual had knowledge of the EAEDC program at the 
time of the transfer. 

(B) Transfer of Real Property 

(1) Any sale or transfer of real property by an applicant or recip- 
ient for which fair market value was not received shall make the 
individual or family ineligible for one year after the transfer. 

(2) The verification of fair market value shall be in accordance 
with 106 CMR 321.120(H). 

(3) The verification of the value received for the property shall be 
a notarized copy of the bill of sale or deed. 



( 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (1 of 3) Page 321. 140 



321.140; Noncountable Assets 



The following are not countable assets for EAEDC purposes. Their 
possession has no effect on eligibility: 

(A) Highway relocation assistance payments, urban renewal assistance 
payments, disaster relief payments used for relocation, and payments 
from private agencies used for relocation; 

(B) The filing unit's home and the undivided land on which it rests; 

(C) First $1,500 of equity value of one automobile in accordance with 106 
CMR 321.120(G); 

(D) Household belongings such as furniture, appliances, household 
decorations, linens and cookware; personal belongings such as 
jewelry, books and toys, even if of more than usual value; 

(E) Property to which the filing unit has no ready access, such as 
property the ownership of which is the subject of legal proceedings 
(probate, divorce suits, etc.), and irrevocable trust funds; 

(F) Home produce grown or preserved by the filing unit for its own 
consumption; 

(G) Food stamps; 

(H) A loan verified by a written document, signed by the borrower, that 
expresses the borrower's intent to repay; 

(I) Any grant, including, but not limited to, scholarships the terms of 
which preclude its use for current maintenance; 

(J) Any grant or loan to an undergraduate student for educational 

purposes made or insured under any program administered by the U.S. 
Commissioner of Education (these include the Basic Educational 
Opportunity Grants, National Student Loans, and Supplemental 
Educational Opportunity Grants); 

(K) Assets of any member of the household who is an SSI recipient; 

(L) Lands held in trust for Native Americans; 

(M) Property purchased with payments made to Native Americans under 
Public Laws 92-254, 93-134, 94-540 and 94-114; 



I 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



$ 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (2 of 3) Page 321. UP : 

(N) For each member of the assistance unit: 

(1) one burial plot, and 

(2) the value of a prepaid funeral arrangement, not to exceed 
$1,500; 

A prepaid funeral arrangement may include a contract with a funeral 
director or a separately identifiable trust fund. Use of any portion 
of this asset for any purpose other than funeral or burial 
arrangements shall render the balance of the asset countable under 
the provisions of 106 CMR 321.120. 

(0) Real estate that is not the principal residence of the assistance 

unit, but which the assistance unit is making a good faith effort to 
sell, provided: 

(1) The owner of the real estate signs an agreement on a form 
specified by the Department to repay from the net proceeds of 
the sale the amount of EAEDC benefits received while the real 
estate was owned by the assistance unit. The amount of the 
repayment shall be the net proceeds from the sale or the amount 
of EAEDC benefits paid, whichever is less. The net proceeds of 
the sale, when added to all other countable assets at the time 
of the sale, must exceed the EAEDC asset limit specified in 106 
CMR 321.110 for repayment to occur. 

(2) The real estate may be excluded for no more than nine months 
from the date of the signing of the agreement specified in 
106 CMR 321.140(0)(1). 

(3) A good faith effort to sell shall be defined as an offer to sell 
at or about fair market value by methods, including, but not 
limited to, listing with a licensed real estate salesperson or 
through a newspaper or other type of advertisement. 

The good faith offer must be verified. Verification shall be by 
a copy of the newspaper advertisement, letter from a licensed 
real estate person, or other appropriate document(s). 

(A) If the assistance unit becomes ineligible during the nine-month 
period for categorical or financial reason(s) other than 
ownership of real estate, or if the assistance unit fails to 
sell the real estate at the end of the nine months, assistance 
shall be terminated, and all EAEDC benefits paid shall be 
treated as an overpayment. 

(5) A recipient who fails to report acquisition of a piece of real 
estate, other than that used as the principal residence, within 
10 days of taking title to the real estate, has been overpaid 
between the date title was acquired and the date the ownership 
of the real estate was reported to the Department, provided that 



I 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

. . FINANCIAL ELIGIBILITY Chapter 321 

Rev. 1/92 (3 of 3) Page 321.140 

the equity value of the real estate when added to the total of all 
other countable assets exceeds the applicable EAEDC asset limit as 
specified in 106 CMR 321.110. The Department must pursue recovery in 
accordance with 106 CMR 323.200 et seq. 

(P) Any portion of a Workers' Compensation, property damage, personal 

injury, Compensation to Victims of Violent Crimes Act, death settle- 
ment or award, except for compensation for lost wages, that is 
received as a reimbursement for specified item(s) and used to pay for 
such item(s). See 106 CMR 321. 240 for verification. 

(Q) Property that is essential to employment or self-employment shall 

include, but is not limited to, work-related equipment such as tools 
of a tradesperson, machinery of a farmer, and property such as farm 
land. Income derived from such property shall be countable. 

(R) Earned income tax credits whether received as advance payments of 

earned income tax credits or as part or all of an income tax refund. 

(S) Payments to eligible individuals of Japanese ancestry or their 
survivors under the Civil Liberties Act of 1988 and payments to 
eligible Aleuts (who were former residents of the Aleutian and 
Pribilof Islands) or their survivors under the Aleutian and Pribilof 
Islands Restitution Act in accordance with Public Law 100-383. 

(T) Agent Orange Settlement Fund payments made to Vietnam veterans or 
their survivors, in accordance with Public Law 101-201, effective 
January 1, 1989. 

(U) The value of public-assistance check(s) for the remainder of the 
cyclical month of issuance. If any or all of the money from such 
check(s) is retained beyond the cyclical month of issuance, the 
amount of money retained becomes a countable asset, except as 
specified in 106 CMR 323.210 for the correction of an underpayment. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

... FINANCIAL ELIGIBILITY Chapter 321 
Rev. 1/92 Page 321.200 

321.200: Income 

Income may be countable or noncountable for determination of financial 
eligibility or calculation of the grant amount. 

All countable income is considered on a monthly basis and is applied to 
the determination or redetermination of eligibility and calculation of the 
grant amount in the cyclical month. Amounts of income paid in other than 
monthly amounts must be converted to monthly amounts. 

The most current monthly income information provided to the Department is 
used as the basis for the grant calculation until information is received 
indicating a change in income or eligibility, or until a redetermination 
is due. If verified income information indicates an underpayment, an 
adjustment shall be made. 

321.210; Types of Countable Income 

The types of countable income generally are as follows: 

(A) Earned Income 

Earned income is income, in cash or in kind, earned through 
employment or self-employment. Earned income may be received as 
wages, salary, tips, commissions, or in kind. For employees, earned 
income is the total gross amount received. 

With respect to self-employment, earned income is the total gross 
income less total business expenses. Business expenses do not 
include personal expenses, such as lunches and transportation to and 
from work. See 106 CMR 321.210(E) and (F) below for an explanation 
of income from real estate, roomers and boarders, and business 
expenses. 

(B) Unearned Income 

Unearned income is all income that a person does not earn by the 
application of his own efforts, or by the application of his own 
managerial skills. Unearned income includes, but is not limited to: 

(1) Dividends; 

(2) Interest; 

(3) Unemployment Compensation payments; 

(4) Pensions; 

(5) Social Security (RSDI) benefits; 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (1 of 5) Page 321.210 : 

(6) Veterans' benefits, except as specified in 106 CMR 319.720; 

(7) Contributions, except as provided in 106 CMR 321.120 and 
321.250; 

(8) Certain income from real estate. See 106 CMR 321.210(E) belov. 

(C) In-Kind Income 

In-kind income is income in any form other than money. It may 
consist of a share of crops, free services, free rent, free 
utilities, clothing, or food, but it is not necessarily limited to 
these. It may be earned or unearned. 

For purposes of financial eligibility and calculation of the grant 
amount, shelter (including rent, mortgage, fuel, or utilities) and 
food provided at no cost to the applicant or recipient shall be 
valued at the Department's standard value. See 106 CMR 321.510. 

(D) Deemed Income 

(1) The income, excluding the types of noncountable income listed in 
106 CMR 321.250, of the spouse of the EAEDC applicant or 
recipient, who lives in the same household with the EAEDC 
applicant or recipient, is deemed to the filing unit in 
determining eligibility and the amount of the grant in 
accordance with 106 CMR 321.230. 

(2) The income and assets, excluding the types of noncountable 
income listed in 106 CMR 321.250 and the noncountable assets 
listed in 106 CMR 321.140, of the spouse who lives in the same 
household, are deemed to the filing unit in determining 
eligibility in accordance with 106 CMR 321.230 for income and in 
accordance with 106 CMR 321.110 for assets. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



ft 



I 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (2 of 5) Page 321.210 

(E) Real Estate Income 

(1) Vhen an applicant or recipient receives income from rented 
apartments or a house, he or she shall be considered to be 
self-employed. This income can be earned or unearned. 

The income is unearned if the property is managed by a rental 
agency that forwards a check to the applicant or recipient who 
has no specific responsibility for the income-producing 
property. This unearned income, less business expenses only, 
shall be considered in determining eligibility and the amount of 
assistance. 

The income is earned if the applicant or recipient manages the 
property by collecting rents and providing services to maintain 
the income-producing property. 

Deductions from unearned and earned income shall be allowed for 
all or part of certain business expenses as defined and 
explained below. 

(2) Business expenses include carrying charges, the cost of fuel and 
utilities provided to tenants, maintenance and repair costs. 
These expenses are explained as follows: 

(a) Carrying Charges 

Carrying charges include current taxes less any abatements, 
betterment taxes, interest and principal payments on the 
mortgage, water bills, and fire insurance premiums. 
Carrying charges must be expressed as monthly amounts and 
must be verified. 

(b) Fuel and Utilities 

The cost of fuel and utilities provided to tenants may be 
based on actual costs averaged on a yearly basis and 
expressed as a monthly amount or on projected monthly costs. 
If actual costs are used, they must be verified. If 
projected amounts are used, verification shall be by a 
written statement of the projected costs from the applicant 
or recipient. 

(c) Maintenance and Repair Costs 

Maintenance and repair costs of $20 per month per rented 
unit may be routinely allowed. If the applicant or 
recipient shows documentation that the maintenance or 
repair costs exceed an average of $20 per month, the excess 
amount shall be allowed in determining the amount of 
available income. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



# 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 :__ (3 of 5) Page 321.210 

(3) If the applicant or recipient occupies an apartment in the same 
house from which he or she receives rental income, the business 
expenses shall be partially deducted in determining income in 
the following ways: 

(a) If a two-family house, one-half the carrying charges will be 
allowed as a business expense; if a three-family house, 
two-thirds will be allowed, and so forth. 

(b) When the applicant or recipient provides his or her own heat 
and that of the tenants from a single heating unit, the fuel 
expense will be prorated as in item (a) above. 

(c) When an applicant or recipient provides his or her own 
utilities and that of the tenants from the same meter(s) the 
utility expenses shall be prorated as in item (a) above. 

(4) If the applicant or recipient occupies an apartment in the same 
house from which he or she receives rental income and he or she 
provides heat to the tenants from separate heating units or 
utilities from separate meters, these expenses shall be totally 
deducted in determining income. 

If the applicant or recipient receives rental income from 
property in which he or she does not reside, the business 
expenses shall be totally deducted from the total rental income. 

(5) Work-related expenses are allowable as deductions from income 
that is earned by the rental of income property. The deductions 
for work-related expenses must be in accordance with 106 CMR 
321.270, and the deductions for the $30 and one-third disregard, 
if applicable, in accordance with 106 CMR 321.280. 

(F) Roomer and Boarder Income 

When an applicant or recipient provides a room or room and board in 
his or her home or rented dwelling to a person not included in the 
assistance plan, he or she shall be considered to be self-employed. 
The amount received from the roomer or boarder, less the applicable 
business expenses specified in (1), (2), or (3) below, shall be 
available gross earned income. The applicant or recipient shall be 
informed that he or she may choose whether the standard or 
nonstandard business expenses are to be considered. However, if the 
applicant or recipient chooses the nonstandard business expenses, he 
or she must show documentation that the business expenses exceed the 
standard business expenses. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (A of 5) Page 321.210 

(1) The standard business expenses that shall be allowed are: 

(a) 25 percent of the income from roomers; 

(b) 75 percent of the income from boarders. 

(2) The nonstandard business expenses (explained below) shall be 
allowed for an applicant or recipient who owns his or her own 
home and who can show documentation that these business expenses 
exceed the standard business expenses. 

(a) The business expenses include carrying charges, the cost of 
fuel and utilities, maintenance and repair costs, the cost 
of laundry or cleaning or both, and the cost of meals for 
boarders as explained below: 

1. Carrying charges include current taxes less any abate- 
ments, betterment taxes, interest and principal 
payments on the mortgage, water bills, and fire 
insurance premiums. Carrying charges must be verified 
and expressed in monthly amounts. 

2. The cost of fuel and utilities provided to the tenants 
may be based on actual costs averaged on a yearly basis 
and expressed in monthly amounts or on projected 
monthly costs. If actual costs are used, they must be 
verified. If projected costs are used, verification 
shall be by a written statement from the applicant or 
recipient. 

3. Maintenance and repair costs of $20 per month per roomer 
or boarder may be routinely allowed. If the applicant 
or recipient can show documentation that the maintenance 
or repair costs exceed an average of $20 per month, the 
excess amount shall be allowed. 

4. The monthly cost of laundry or cleaning or both 
provided to the roomer or boarder as part of the room 
or board arrangement shall be verified by a written 
statement from the applicant or recipient. 

5. The monthly cost of meals provided to a boarder shall 
be verified by a written statement from the applicant 
or recipient. 



< 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



It 



I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 -• (5 of 5) Page 321.210 

(b) The business expenses in 1., 2., and 3. under paragraph (a) 
above, shall be prorated in the following manner and 
deducted to determine the income from a roomer or a boarder. 

1. If there is one roomer or boarder, one-half the 
carrying charges shall be allowed as a business 
expense; if there are two roomers or boarders, two- 
thirds shall be allowed, and so forth. 

2. The heat and utility expenses shall be prorated as in 1. 
above. 

3. The maintenance and repair costs shall only be prorated 
as in 1. above if the applicant or recipient documents 
that the average exceeds the $20-per-month allowance. 

(3) The nonstandard business expenses (explained below) shall be 
allowed for an applicant or recipient who resides in a rented 
dwelling and who can show documentation that these business 
expenses exceed the standard business expenses. 

(a) The business expenses include the rental charge, the cost 
of fuel or utilities or both, if paid separately from the 
rental charge, the cost of laundry or cleaning or both, and 
the cost of meals for boarders as explained below: 

1. The rental charge for the rented dwelling. The rental 
charge must be verified and expressed in monthly 
amounts. 

2. The costs for fuel or utilities or both must be 
verified if either or both these costs are the 
responsibility of the applicant or recipient as a 
separate charge in addition to the rental charge. The 
costs may be based on actual costs averaged on a yearly 
basis and expressed in monthly amounts or on projected 
costs. If actual costs are used, they must be verified. 
If projected amounts are used, verification shall be by 
a written statement of the projected costs from the 
applicant or recipient. 

3. The monthly cost of laundry or cleaning or both provided 
to the roomer or boarder as part of the room or board 
arrangement shall be verified by a written statement 
from the applicant or recipient. 

4. The monthly cost of providing meals to a boarder shall 
be verified by a written statement from the applicant or 
recipient. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 !_ Page 321.220 • 

(b) The business expenses in 1. and 2. under paragraph (a) 
above shall be prorated in the following manner and 
deducted to determine the income from a roomer or a 
boarder. 

1. If there is one roomer or boarder, one-half the rental 
charge shall be allowed as a business expense; if there 
are two roomers or boarders, two-thirds shall be 
allowed, and so forth. 

2. The heat or utility expenses or both if the applicant or 
recipient is responsible for either or both these costs, 
shall be prorated as in 1. above. 

(4) The applicant or recipient who receives income from a roomer or 
boarder shall be allowed the work-related expense deduction in 
accordance with 106 CMR 321.270 and the $30 and one- third 
disregard or the $30 disregard, if applicable, in accordance 
with 106 CMR 321.280. 

321.220; Rules for Counting Income 

In general, income that is countable in determining whether an assistance 
unit is eligible for EAEDC is also countable in determining the amount of 
its grant. 

There are, however, several exceptions to the usual method of counting 
income. These exceptions are explained in the sections that follow. In 
summary, they are the following: 

(A) Income from a person who has a legal obligation to support an EAEDC 
applicant or recipient is counted in accordance with 106 CMR 321.230. 

(B) A payment that represents accumulated recurring or nonrecurring 
income, such as a retroactive Social Security check, is countable 
as monthly income according to special rules (see 106 CMR 321.240: 
Lump-Sum Income and 106 CMR 321.245: Retroactive Social Security 
Benefits ). As described in 106 CMR 321.120(1), other kinds of 
one-time lump-sum payments are counted as assets rather than as 
income. 

(C) 106 CMR 321.280 describes circumstances under which certain portions 
of earned income are not countable either in determining or 
redetermining eligibility or in calculating the grant. 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 969 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 7/92 Page 321.230 

321.230; Circumstances Governed by Legal Support Obligations 

(A) Circumstances in which legal obligations or rights to support exist 
include the following: 

(1) Natural or Adoptive Parents 

Natural or adoptive parents have a legal obligation to support 
their children. If a natural or adoptive parent(s) of the child 
is living in the same household as the dependent child, his or 
her income and assets must be considered in determining 
eligibility for EAEDC. 

(2) Spouses 

Husbands and wives have a legal obligation to support their 
spouses and at the same time have a right to receive support 
from them. If the spouse of an applicant or recipient is living 
in the same household, his or her income and assets must be 
considered in determining the eligibility of the applicant or 
recipient. 

(B) Income, excluding the types of noncountable income listed in 106 CMR 
321.250, of the spouse or the natural or adoptive parent who lives in I 
the same household as the EAEDC applicant or recipient but who is not 
himself or herself an applicant or recipient of EAEDC, shall be 
deemed to the assistance unit according to the following: 

(1) If there is earned income, the work-related expense deduction 
specified in 106 CMR 321.270 shall be deducted from the monthly 
gross earned income and an amount equal to the sharing standard jj 
for one specified in 106 CMR 321. 420. 

(2) If there is unearned income, an amount equal to the sharing J 
standard for one specified in 106 CMR 321.420 shall be deducted. 

(3) If there is both earned and unearned income, the amount to be 
deemed to the assistance unit shall be the gross monthly earned 
income minus the work-related expense deduction plus the gross 
monthly unearned income minus the sharing standard for one I 
specified in 106 CMR 321.420. 

321.235: Eligibility Test for Person Caring for a Disabled Person 

The income and assets of a disabled person being cared for by an EAEDC 
applicant or recipient pursuant to 106 CMR 320.300 must not exceed the 
following limits: 

(A) the disabled person's countable income cannot exceed $1000 monthly; 
and 

(B) the disabled person's countable assets cannot exceed $2000. 

The rules for counting this income and assets are the same rules as for an 
EAEDC applicant or recipient. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 ' (1 of 5) Page 321.240 

321.240: Lump-Sum Income 

(A) Definition 

(1) Income is considered to be lump sum when it is otherwise 
countable according to the provisions of this chapter and when 
it is received as a one-time, nonrecurring payment. Exclusions 
from the lump-sum income provisions are specified in 106 CMR 
321.240(B). 

(2) Lump-sum income includes, but is not limited to, the following 
types of income: 

(a) Accumulation of retroactive income such as Railroad 
Retirement, Federal Veterans' Benefits, Workers' Compensa- 
tion that represents loss of income, Unemployment Compensa- 
tion, retroactive wages, and/or compensation for lost wages 
received under the Compensation to Victims of Violent Crimes 
Act. 

(b) Other payments in the nature of a windfall, such as 
lottery winnings, inheritances, settlements and awards, that 
are not totally or partially received as a reimbursement for 
specified item(s) and used to pay for such item(s). 
Whatever portion of the lump-sum income that is received as 
a reimbursement for a specified item(s) and used to pay for 
such item(s) shall be considered a noncountable asset. 

(See 106 CMR 321.140.) 

(B) Exclusions From Lump-Sum Income 

The following types of lump-sum income are excluded from the provisi- 
ons of this section: 

(1) Lump-sum income received by a spouse who is not a member of the 
assistance unit is noncountable as lump sum income to the 
assistance unit. It is available income that is applied to the 
EAEDC eligibility and grant determination in accordance with 106 
CMR 321.230: Circumstances Governed by Legal Support 
Obligations ; 

(2) Lump-sum income that is noncountable in accordance with 106 CMR 
321.250; 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



> 



Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

... FINANCIAL ELIGIBILITY Chapter 321 

Rev. 1/92 (2 of 5) Page 321.240 

(3) Any portion of a Workers' Compensation, property damage, 
personal injury, Compensation to Victims of Violent Crimes Act, 
or death settlement or award, except for compensation for lost 
wages, that is received as a reimbursement for specified item(s) 
and used to pay for such item(s) is excluded as an asset, in 
accordance with 106 CMR 321.140, or as income, in accordance 
with 106 CMR 321.250. See 106 CMR 321.240(G) for acceptable 
verifications; 

(4) The proceeds from the sale of an asset, such as the sale of the 
home in which the assistance unit lives, shall not be considered 
lump-sum income. The proceeds shall be considered the 
conversion of an asset to a cash asset and shall be counted as 
an asset; 

(5) Any portion of the lump-sum income that can be verified as 
having been used to pay for back bills resulting from the costs 
of day-to-day living expenses incurred while awaiting the 
receipt of the lump-sum income. For purposes of this 
subsection, day-to-day living expenses of the assistance unit 
shall include such costs as shelter, fuel, utilities, food, 
clothing, essential furniture and appliances, transportation, 
and health, education and employment-related expenses. See 106 
CMR 321.240(G) for acceptable verifications; 

(6) Any portion of the lump-sum income that is placed directly in an 
irrevocable trust before a member of the assistance unit has 
access to it and which otherwise meets the requirements of 106 
CMR 321.125: Inaccessible Assets; or 

(7) Retroactive Social Security payments shall not be considered 
lump-sum income but shall be treated as countable unearned 
income. See 106 CMR 321.245: Retroactive Social Security 
Benefits. 

(C) Availability for Needs 

Lump-sum income, as specified in 106 CMR 321.240(A) and not excluded 
in 106 CMR 321.240(B), shall be considered available income to meet 
the needs of all members of the assistance unit at the time of the 
receipt of the lump-sum income for a specified period of ineligi- 
bility in accordance with 106 CMR 321.240(D). 

(D) Calculation of Period of Ineligibility 

(1) The following calculation is used to determine eligibility or 
ineligibility due to lump-sum income: 

(a) Add the assistance unit's earned lump-sum income to any 
other earned income received by the unit and deduct 
applicable disregards in accordance with 106 CMR 321.270, 
321.275, and 321.280. Add the result of this calculation to 
the unearned lump-sum income and any other countable 
unearned income received by the assistance unit. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (3 of 5) Page 321.240 : 

(b) If the total of 106 CMR 321.240(D)(1)(a) is less than or 
equal to the appropriate standard of assistance, the 
assistance unit remains eligible and the income is deducted 
from the standard of assistance for its family size. 

(c) If the total of 106 CMR 321.240(D)(1)(a) is greater than the 
appropriate standard of assistance, the assistance unit is 
ineligible. 

(2) The period of ineligibility is determined as follows: 

(a) Divide the total income in 106 CMR 321.240(D)(1)(a) by the 
appropriate standard of assistance. The result will be the 
number of months in the period of ineligibility that will be 
imposed. 

(b) Any remainder in 106 CMR 321.240(D)(2)(a) shall be 
considered unearned income in the first month following the 
period of ineligibility and is deducted from the appropriate 
standard of assistance provided there is a reapplication for 
assistance during that month. 

(c) The period of ineligibility begins with the first day of the 
cyclical month of receipt of the lump-sum income. Any 
assistance received during the ineligibility period shall be 
considered an overpayment in accordance with 106 CMR 
323.200, et. seq. 

(E) Change in Circumstances 

Once a determination of the period of ineligibility is made in 
accordance with 106 CMR 321.240(D), the period of ineligibility 
remains in effect for all members of the assistance unit except in 
situations resulting in recalculation in accordance with 106 CMR 
321.240(F). Changes in income for members of the assistance unit 
shall not alter the period of ineligibility for any of the members of 
the ineligible assistance unit. 

During the period of ineligibility, a new member(s) to the assistance 
unit, if otherwise eligible, shall receive a grant amount equal to 
the Standard of Assistance incremental less any countable deductible 
income during the remainder of the period of ineligibility. 

(F) Situations Resulting in Recalculation 

The period of ineligibility cannot be altered or recalculated for any 
member(s) of the ineligible assistance unit, except in the situations 
described below. Recalculation can only be done retroactive to the 
month in which the event that caused the recalculation occurred. The 
ineligibility period may only be eliminated or shortened for the 
remaining months when: 

(1) The standard of assistance is increased or changed for the 
ineligible assistance unit; 



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106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 _ (4 of 5) Page 321. 240 ' 

(2) The lump-sum income was used to pay for medical expenses 
including health insurance premiums and medical treatment or 
services for members of the ineligible assistance unit to the 
extent that such payments were not covered by any health 
insurance or Medicaid; or 

(3) All or a portion of the lump-sum income is unavailable to the 
ineligible assistance unit for reasons beyond the control of the 
ineligible assistance unit including, but not limited to, the 
following: 

(a) the income was lost or stolen or made unavailable to the 
assistance unit, without its permission, including income 
taken by a member(s) of the assistance unit who leaves the 
home; or 

(b) the ineligible assistance unit is faced with a life- 
threatening circumstance, such as an inability to pay for 
day-to-day living expenses as specified in 106 CMR 
321.240(B)(5) due to dire financial need. The assistance 
unit must establish that the lump-sum income was or will be 
spent on day-to-day living expenses for the assistance unit. 

The local welfare office director or designee must approve the 
recalculation or the denial of a recalculation. 

(G) Verifications 

(1) Verification of lump-sum income shall be by a document 
appropriate to the circumstances, such as: 

(a) a copy of the benefit or award letter; 

(b) a copy of the check or payment document; 

(c) a written statement from the agency or person making the 
payment; 

(d) a written statement from the agency, person making the 
payment, or attorney representing the client, that states 
what specific item(s) are being reimbursed as part of the 
lump-sum payment if the lump-sum payment includes 
reimbursement for specific item(s); and receipts from the 
assistance unit that verify the payment for the specific 
item(s); or 

(e) if all or a portion of the lump-sum income is to be excluded 
because it has been used to pay back bills for day-to-day 
living expenses as specified in 106 CMR 321.240(B)(5), 
verification shall include: 

1. receipt for payment of the day-to-day living expenses; 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 -■ (5 of 5) Page 321. 240 : 

2. written statements from the person or entity to whom the 
payment was made for such day-to-day living expenses; 

3. if receipts or the statements are unavailable for some 
of the day-to-day living expenses, a combination of 
l.,2., and a written statement from a member of the 
assistance unit specifying the type(s) of day-to-day 
living expenses, the amount paid, the person or entity 
to whom paid, and the approximate date of such 
payment (s) . 

(2) Verification of situations resulting in recalculations shall be 
by one or more of the following: 

(a) copies of paid medical bills, health insurance premium 
payments, or both; 

(b) copy of the police report that the lump-sum income was lost 
or stolen; 

(c) any documentation that verifies that the lump-sum income 
was made unavailable to the assistance unit without its 
permission, other than being lost or stolen; 

(d) copies of the paid bills or receipts for the day-to-day 
living expenses when the ineligible assistance unit was 
faced with a life-threatening circumstance or when paid 
bills or receipts are not available for some of the day- 
to-day living expenses, a combination of paid bills and 
receipts and a written statement from a member of the 
assistance unit specifying the type of expense, the amount, 
the person or entity to whom paid and the approximate date 
of such payment(s); 

(e) documentation of insurance payments or denial of insurance 
payments by the insurance company for items destroyed or 
damaged in a disaster, if appropriate. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 Page 321.245 

321.245: Retroactive Social Security Benefits 

The retroactive Social Security payment shall be considered available 
unearned income in determining the needs of all members of the assistance 
unit until such time as the funds are no longer available to the 
assistance unit. 

Retroactive Social Security income shall be considered as unavailable to 
the assistance unit when the income has been used as an expenditure for 
the assistance unit in accordance with 106 CMR 321.240(B)(5) and (6) or 
321.240(F)(2) and (3). Verification of such expenditures shall be in 
accordance with 106 CMR 321.240(G)(2). 

Verification of the retroactive Social Security benefit shall be by: 

(A) a copy of the benefit or award letter; 

(B) a copy of the check or payment document; or 

(C) a written statement from the agency or person making the payment. 



> 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (1 of 3) Page 321. 250 : 

321.250: Noncountable Income 

This section lists income that shall not be counted in either the test of 
financial eligibility or the calculation of the grant amount. 106 CMR 
321.280 lists additional income that is not countable under certain 
circumstances but is countable under others. The following types of 
income are never countable: 

(A) All income of persons receiving Supplemental Security Income (SSI); 

(B) An SSI emergency advance payment or one-time payment made pending an 
SSI eligibility determination; 

(C) The cash value (face amount) of food stamps; 

(D) The cash value of USDA-donated food stamps or surplus commodities; 

(E) Payments under the Nutrition Program for the Elderly (Title VII of 
the Older Americans Act of 1965); 

(F) The value of assistance received under the Child Nutrition Act of 
1966 and the National School Lunch Act; 

(G) Home produce for consumption by members of the filing unit and their 
families; 

(H) Expense allowances and weekly incentive payments of up to $30 from 
the Department of Employment and Training; 

(I) Training stipends not to exceed $120 monthly; 

(J) Incentive payments of $30 per week or less received under a 

vocational rehabilitation program of the Massachusetts Rehabilitation 
Commission; 

(K) Reimbursement payments for education and/or training-related expenses 
received from participation in JTPA programs, or from other agencies 
and organizations that are nonduplicative of EAEDC payments and are 
provided for specific goods or services. Such reimbursement payments 
include, but are not limited to, transportation allowances, child 
care costs, and the costs of books, supplies, or uniforms; 

(L) Any grant including, but not limited to, scholarships, the terms of 
which preclude its use for current maintenance; 

(M) Any grant or loan to an undergraduate student for educational 

purposes made or insured under any program administered by the U.S. 
Commissioner of Education; 



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106 CMR; DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (2 of 3) Page 321.250 ■' 

(N) Irregular or infrequent income, such as gifts, that cannot be 

reasonably projected over a period of time and that is less than $30 
per recipient in any quarter; 

(0) Experimental Housing Allowance Program payments made under contracts 
entered into prior to 1975; 

(P) Payments to, or reimbursement given to, volunteers serving as foster 
grandparents, senior health aides, or senior companions, or serving 
in the Service Corps of Retired Executives, or in VISTA, or in any 
other program established under the Domestic Service Act of 1973; 

(Q) Funds distributed to or held in trust for members of any Indian tribe 
pursuant to a judgment of the Indian Claims Commission; 

(R) The tax-exempt portions of payments made under the Alaska Native 
Claims Settlement Act; 

(S) Payments to Native Americans under Public Lavs 92-254, 93-134, 

94-114, and 94-540 including interest income from these payments. 

Property purchased with these funds is a noncountable asset (see 106 
CMR 321.140); 

(T) Relocation payments as described in 106 CMR 304.140; 

(U) Housing subsidies received under any Massachusetts or Federal housing 
program including utility allowances paid under such programs; 

(V) A loan verified by a written document, signed by the borrower, that 
expresses the borrower's intent to repay; 

(V) Work, study income of undergraduate students under a federally- 
assisted work study program; 

(X) Earned income of a dependent child: 

(1) all earned income of a dependent child under age 14; 

(2) all earned income of a dependent child age 14 or older who is a 
full-time student, or a part-time student and a part-time 
employee; 

(3) the earned income of a dependent child age 14 or older who is 
not a student, or is a part-time student and a full-time 
employee is noncountable for six months in a calendar year when 
the earned income is derived from participation in a JTPA 
program; 

(Y) Foster parent payments made by any public or licensed private non- 
profit child welfare agency; 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 _ (3 of 3) Page 321.250 ' 

(Z) Cash contributions from a nonlegally responsible person(s) that: 

(1) are restricted for a specific purpose; and 

(2) provide for a portion of any of the needs specified in 106 CMR 
321.510: Guide for Income-In-Kind or provide for needs not included 
in 106 CMR 321.510. 

A contribution from a nonlegally responsible person(s) that meets 
the entire cost of one or more of the needs specified in 106 CMR 
321.510: Guide for Income-In-Kind is countable income and is 
deducted using the standard values in 106 CMR 321.510; 

(AA) Payments from the Home Energy Assistance Program; 

(BB) Assistance from other social service agencies or organizations that 
does not duplicate assistance received under EAEDC; 

(CC) EAEDC payments resulting from a correction of an underpayment or a 
fair hearing decision; 

(DD) Refunds from a utility company, landlord or other vendor that were 
originally from EAEDC benefits, fuel assistance, or other 
noncountable income funds; 

(EE) Any portion of a Workers' Compensation, property damage, personal 
injury, Compensation to Victims of Violent Crimes Act, or death 
settlement or award that is spent for the purpose for which it was 
originally earmarked and is not compensation for lost wages; 

(FF) Earned income tax credits whether received as advance payments of 

earned income tax credits or as part or all of an income tax refund; 

(GG) Payments to eligible individuals of Japanese ancestry or their 
survivors under the Civil Liberties Act of 1988 and payments to 
eligible Aleuts (who were former residents of the Aleutian and 
Pribilof Islands) or their survivors under the Aleutian and Pribilof 
Islands Restitution Act, Public Law 100-383; 

(HH) Agent Orange Settlement Fund payments made to Vietnam veterans or 
their survivors, in accordance with Public Law 101-201, effective 
January 1, 1989; and 

(II) Money received from a loan secured by the equity in the home of an 
individual who is aged 60 or over (so-called "reverse mortgage"). 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 Page 321.260 

321.260: Income Test of Eligibility 

Financial eligibility with regard to income is determined at application, 
redetermination, and when a change in income is reported. For filing 
units whose income does not exceed the applicable Standard of Assistance 
specified in 106 CMR 321.420, a grant calculation is performed as 
specified in 106 CMR 321.500. 

321.270: Work-Related Expense Deduction 

(A) Requirements 

An applicant or recipient who is employed is entitled to a $90 
monthly deduction from gross wages in determining eligibility and in 
determining the amount of the assistance grant. 

A person who meets the provisions of 106 CMR 321.230, whose income is 
deemed to the filing unit, is entitled to a $75 monthly deduction 
from gross wages for a work-related expense deduction. 

(B) Restrictions 

(1) An applicant or recipient who meets the provisions of 106 CMR 
321.280(C) shall not be eligible for the work-related expense 
deduction. 

(2) An applicant or recipient who is required to be in the filing 
unit, but is not included in the assistance unit, shall not be 
eligible for the work-related expense deduction. 



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106 CMR: DEPARTMENT OF PUBLI C WELFARE 



Trans, by S.L. 942 



EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 



FINANCIAL ELIGIBILITY 



Rev. 10/91 



Chapter 321 
Page 321.275 



321.275: Dependent Care Deduction 
(A) Requirements 



An applicant or recipient who is employed may receive a deduction 
from income equal to the expenditure for the care of a dependent 
child, as defined in 106 CMR 318.500, or an incapacitated individual 
requiring such care. 

If the applicant or recipient is eligible for the $30 and one-third 
disregard (106 CMR 321.280), the dependent care deduction shall be 
made after the $30 and one-third has been deducted. The dependent 
child or incapacitated individual must be a member of the assistance 
unit. For an applicant or recipient who is employed full-time, the 
amount allowed as a deduction shall be the actual cost of dependent 
care, including the cost of transporting dependents to and from 
dependent care, but shall not exceed $175 per dependent child, age 
two or older, or incapacitated individual, per month. For a 
dependent child under the age of two, the monthly maximum allowable 
deduction shall not exceed $200. 

An applicant or recipient who is employed less than full-time may 
receive a proportionate share of the maximum allowable deduction. 
For an applicant or recipient employed less than full-time, the 
following standards shall be used to determine the maximum 
proportionate share of the maximum deduction, per dependent child or 
incapacitated individual, for which they are eligible. In all 
situations, the amount allowed for dependent care shall be the actual 
expenditure for dependent care, including the cost of transporting 
dependents to and from dependent care, or the maximum allowable 
deduction, whichever is less. 







MAXIMUM 


DEDUCTIONS 






DEPENDENT 


CHILD 


WEEKLY HOURS 


MONTHLY HOURS 


TV0 OR OVER 


UNDER TWO 


1 - 10 


1 - A3 


$44 


$50 


11 - 20 


44 - 87 


$88 


$100 


21 - 30 


88 - 130 


$132 


$150 


31 - above 


131 - above 


$175 


$200 



(B) Restrictions 

(1) An applicant or recipient who meets the provisions of 106 CMR 
321.280(C) shall not be eligible for the dependent care 
deduction. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 10/91 -_ Page 321.280 ' 

(2) An applicant or recipient who is required to be in the filing 
unit, but is not included in the assistance unit, shall not be 
eligible for the dependent-care deduction. 

(3) The dependent-care deduction is not applied to income from a 
renter, roomer, or boarder. 

(C) Verification 

The expenses for which the dependent-care deduction is claimed shall 
be verified as follows: 

(1) The only acceptable verifications for dependent-care expenses 
are: 

(a) a signed and dated statement from the dependent-care 
provider; and/or 

(b) a cancelled check or money order payable to the dependent- 
care provider. 

If none of the above documents is available, verification of 
dependent-care expenses shall be a signed and dated statement 
from the employed individual of the actual cost of dependent 
care. 

(2) The verification of the cost of transporting dependents to and 
from dependent care shall be a signed and dated statement from 
the employed individual of the actual cost of such transporta- 
tion. 

(3) The incapacity of an individual in the assistance unit other 
than a dependent child for whom dependent-care costs are being 
claimed must be verified. Incapacity is verified by a current 
statement from a competent medical authority as defined in 106 
CMR 318.500. 

321.280: Eligibility for the $30 and One-Third Disregard and the $30 Disregard 

An applicant or recipient is eligible to have $30 and one-third of the 
remaining gross earned income, after work-related expenses, but before 
dependent-care deductions, disregarded if the following requirements are 
met: 



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Trans, by S.L. 951 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

... FINANCIAL ELIGIBILITY Chapter 321 

Rev. 1/92 (1 of 2) Page 321.290 

(A) An employed applicant or recipient shall be eligible to receive the 
$30 and one-third disregard for four consecutive calendar months and 
a $30 disregard for eight consecutive calendar months following the 
four consecutive calendar months of the $30 and one-third disregard. 
Eligibility for the $30 disregard during the eight consecutive 
calendar months following the four consecutive calendar months of the 
$30 and one-third disregard remains in effect even though the $30 
disregard may not have been applied for each of the eight consecutive 
calendar months. Once the $30 and one- third disregard has been 
applied for four consecutive calendar months, the recipient is 
ineligible to receive it again for as long as he or she continues to 
receive EAEDC. 

(B) If the $30 and one-third disregard has been applied for four 
consecutive calendar months and the recipient subsequently stops 
receiving EAEDC, he or she shall be ineligible to receive the $30 and 
one-third disregard until the expiration of a period of 12 
consecutive calendar months without receipt of EAEDC. 

(C) This disregard does not apply to the earned income of a member of the 
assistance unit for the month in which one of the following 
conditions apply: 

(1) An applicant or recipient who reduced his or her income or 
terminated his or her employment without good cause within the 
30 days prior to the month for which the grant amount is 
calculated or who refused a bona fide job offer without good 
cause in the same period. See 106 CMR 307.180 for acceptable 
good cause reasons. 

(2) An applicant or recipient who failed without good cause to make 
a timely report of income received. Good cause for failure to 
make a timely report shall be limited to demonstrated serious 
illness on the part of the applicant or recipient, or a 
dependent child. See 106 CMR 318.420: Responsibility for 
Notification of Changes for the definition of a timely report. 

321.290: Verification and Determination of Income 

(A) Verification and Determination of Income 

Earned income from wages shall be verified at application, 
redetermination, and at any time a member of the filing unit reports 
he or she has commenced employment or his or her earnings have 
changed. Earned income shall be verified by pay stubs, pay 
envelopes, or a written statement signed by an employer. The 
verification must show the gross wages (including tips, if 
applicable) and the number of hours worked when necessary to verify 
dependent care expenses. 



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I 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 

Rev. 10/91 (2 of 2) Page 321.290 

(1) If the employee is paid weekly, the average of the four 
consecutive weeks' pay received prior to the application date 
will be multiplied by 4 1/3 or 4.333 to obtain an average 
monthly wage. If the filing unit member has worked less than 
four weeks, any wage information that is available will be used 
initially, and the figure will be revised if necessary when wage 
information for four consecutive weeks is available. 

(2) If the employee is paid bi-weekly, an average of the last two 
consecutive pay periods will be multiplied by 2 1/6 or 2.167 to 
obtain a monthly figure. If the employee is paid twice a month, 
the last two consecutive pay periods will be added to obtain a 
monthly figure. 

(3) If the employee is paid monthly, the monthly figure is used. 

(4) If the employee receives a contractual annual salary, the amount 
to be used is the contractual annual salary divided by 12. 
Verification of the annual salary should be obtained in the form 
of a signed copy of the contract or a signed letter stating the 
annual salary to be received. 

(5) Pay stubs, pay envelopes, or a written statement signed by an 
employer showing wages paid and the number of hours worked in 
the year to date may be used to determine an anticipated monthly 
wage provided the number of weeks' pay represented is shown or 
can be computed. The average weekly earnings derived are 
multiplied by 4 1/3 or 4.333 to obtain a monthly figure. 

(B) Verification and Determination of Self-Employment Income 

Earned income must be verified. Self-employment income is verified 
by means of business records and tax returns that show the total 
amount of income and the total business expenses associated with the 
gross income earned. The three most current months' records must be 
used. Business expenses may be verified by records of bank deposits, 
records of wages paid to employees, and Social Security and other 
taxes paid on and withheld from those wages; rent receipts, utility 
payments receipts, bills of lading, receipts for purchase of stock, 
and Workers' Compensation payment records. 

(C) Unearned Income 

Unearned income shall be verified at application, at redetermination, 
and at the time of a change in income. Income that is received on 
other than a monthly basis shall be converted to a monthly amount in 
accordance with 106 CMR 321.290. Unearned income shall be verified 
by a copy of the benefit payment check, a copy of a benefit or award 
letter, retirement fund documents, social security benefit 
statements, a written statement from the agency or person making the 
payment that indicates the amount and frequency of the payment, or 
information received by the Department through a computer match from 
agencies such as the Social Security Administration (SSA) or the 
Department of Employment and Training (DET) that indicates the 
current amount and frequency of the payment. 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



i» 



Trans, by S.L. 946 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 12/91 ,_ Page 321.300 

321.300: Membership in the Assistance Unit and Filing Unit 

An assistance unit is composed of those persons whose needs are considered 
in determining eligibility and the amount of the grant, and who are 
eligible to receive benefits under EAEDC. All persons in the assistance 
unit must be included in the filing unit. 

A filing unit is composed of those persons whose income and assets must be 
considered in determining the eligibility and/or amount of the grant for 
the assistance unit, regardless of whether they are included in the 
assistance unit. 

A household is the total group of persons who live together. The 
household may include persons who are not in the filing unit. In order 
for the assistance unit to be eligible for EAEDC, the filing unit may not 
have: 

(A) assets greater than the asset limitation (106 CMR 321.110); or 

(B) income, including income deemed to it, greater than the allowable 
limits for income specified in 106 CMR 321.420. 

321.310: Composition of the Assistance Unit 

(A) Whenever an application is made by an elderly person as specified in 
106 CMR 320.100, the assistance unit shall include the elderly 
person; 

(B) Whenever an application is made by a disabled person as specified in 
106 CMR 320.200, the assistance unit shall include the disabled 
person; 

(C) Whenever an application is made by a person participating in MRC as 
specified in 106 CMR 320.250, the assistance unit shall include the 
person participating in MRC; 

(D) Whenever an application is made by a person who is caring for a 
disabled person as specified in 106 CMR 320.300, the assistance unit 
shall include the person caring for the disabled person; 

(E) Whenever an application is made by a natural or adoptive parent(s) of 
a dependent child(ren) as specified in 106 CMR 320.400(A), the 
following persons must be included in the assistance unit unless one 
or more of these persons meets one of the exceptions specified in 106 
CMR 320.400(A)(2): 

(1) the dependent child(ren) as defined in 106 CMR 318.500; and 

(2) the siblings and half-siblings of the dependent child(ren); and 

(3) the natural and adoptive parent(s) of such child(ren). 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 946 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

..FINANCIAL ELIGIBILITY Chapter 321 
Rev. 12/91 Page 321.320 

(F) Whenever an application is made by an adult caretaker for dependent 
children as specified in 106 CMR 320.400(B), the following persons 
must be included in the assistance unit unless one or more of these 
persons meets one of the exceptions specified in 106 CMR 320.400(B) 
(2): 

(1) the dependent child(ren) as defined in 106 CMR 318.500: and 

(2) the siblings and half-siblings of the dependent child(ren). 

The adult caretaker specified in 106 CMR 320.400(B) has the option of 
inclusion or exclusion from the assistance unit for himself or 
herself only. 

(G) Whenever an application is made by a person who is a student as 
specified in 106 CMR 320.450, the assistance unit must include the 
student. 

321.320: Composition of the Filing Unit 

The following persons must be included in the filing unit and their income 
and assets must be included in determining the assistance unit's eligibil- 
ity and the amount of the grant. 

(A) persons in the assistance unit (106 CMR 321.310: Composition of the 
Assistance Unit ) ; 

(B) the spouse living in the home of a person in the assistance unit who 
is applying for or receiving EAEDC pursuant to 106 CMR 320.100, 
320.200, 320.250, 320.300 or 320.450; 

(C) the disabled person who is being cared for pursuant to 106 CMR 
320.300. The income and assets of this person shall be considered in 
determining the eligibility of the person providing the care in 
accordance with 106 CMR 321.235; 

(D) the natural or adoptive parents whether or not they are married to 
each other of a dependent child(ren) for whom EAEDC benefits are 
being applied for or received pursuant to 106 CMR 320.400(A); and 

(E) the spouse of a natural or adoptive parent of a dependent child(ren) 
for whom EAEDC benefits are being applied for or received pursuant to 
106 CMR 320.400(A). 

321.325: Failure To Cooperate 

If the eligibility of the assistance unit cannot be determined because of 
the failure or refusal of any member of the filing unit to provide 
information and/or verification, the entire assistance unit is ineligible 
and assistance shall be denied or terminated. 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



Trans, by S.L. 969 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

-. FINANCIAL ELIGIBILITY Chapter 321 
Rev. 7/92 Page 321.400 

321.400; Introduction - Living Arrangement and Grant Calculation 

The assistance grant of EAEDC applicants or recipients is based on the 
living arrangement of the assistance unit. Sections 106 CMR 321.410, 
321.420, and 321.500 describe the living arrangements, the Standards of 
Assistance for the living arrangements, and the grant calculation. 

321.410: Living Arrangement 

(A) Definition 

The living arrangement of EAEDC applicants or recipients shall be one 
of the following: 

(1) Living Arrangement A describes an EAEDC individual or EAEDC 
family who is responsible for a shelter cost, including but not 
limited to rent, mortgage, real estate taxes, insurance, fuel or 
utility expenses or room or board expenses from a licensed 
lodging house, and who: 

(a) Lives alone; or 

(b) Lives with others, except as specified in 106 CMR 
321.410(A)(2) or (A)(3). 

(2) Living Arrangement B describes an EAEDC individual or EAEDC 
family who lives with another assistance unit who is applying 
for or receiving AFDC or RRP, including spouses, and a legal 
obligation to support exists between a member(s) of the AFDC or 
RRP assistance unit and a member(s) of the EAEDC assistance 
unit, except as described in 106 CMR 321.410(A)(3)(b). 

(3) Living Arrangement H describes the EAEDC individual or EAEDC 
family, who is responsible for a shelter cost as specified in 
106 CMR 321.410(A)(1), and is in one of the following 
circumstances: 

(a) Lives with a spouse, except as specified in 106 CMR 
321.410(A)(2) or (A)(3)(b); or 

(b) Lives with a spouse and a child who is not the natural or 
adoptive child of the spouse and the spouse is receiving 
AFDC or RRP for himself or herself and/or the child. 

(4) Living Arrangement C describes an EAEDC individual who resides 
in a halfway house, licensed chronic hospital, licensed nursing 
home, approved public medical institution, licensed intermediate 
care facility, residential treatment center or public 
psychiatric institution. 

(5) Living Arrangement D describes an EAEDC individual or EAEDC 
family in one or more of the following circumstances: 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 969 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

FINANCIAL ELIGIBILITY Chapter 321 
Rev. 7/92 Page 321.410 

(a) An individual or a family, including an individual or family 
with no established place of abode, who pays no shelter 
costs as specified in 106 CMR 321.410(A)(1); or 

(b) An individual or family in an emergency shelter. 

(6) Living Arrangement E describes an EAEDC individual who resides 
in a licensed rest home, also known as a residential care 
facility. 

(7) Living Arrangement F describes an EAEDC individual who resides 
in a therapeutic community center. 

(8) Living Arrangement G describes an EAEDC individual who resides 
in a detoxification center. 

(B) Verification 

The verification of living arrangement is mandatory and shall be by: 

(1) A written, dated, and signed statement from the applicant or 
recipient and any other appropriate individual; and 

(2) The applicant or recipient shall be required to provide addi- 
tional verification, as follows: 

Living Arrangement Verification Required 

A a rent or mortgage statement; and/or proof of 

responsibility for any other shelter cost; 
and/or a room and/or board receipt; and/or a 
written statement from the individual or family 
with whom the individual or family shares the 
shelter expenses that specifies how the shelter 
expenses are shared. 

B a written statement from the AFDC/RRP worker. 

H a written statement from the individual with 

whom the applicant/recipient shares the shelter 
costs that specifies the shelter costs are 
shared. 

C a statement from an authorized person at the 

halfway house, licensed chronic hospital, 
approved public medical institution, licensed 
intermediate care facility, public psychiatric 
institution or residential treatment center. 

D a statement from an authorized representative of 

the shelter if a resident of an emergency 
shelter; or 

a signed and dated statement from the applicant 
or recipient that he or she has no shelter 
costs. 



i 



i 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 969 

EMERGENCY AID TO THE ELDERLY AND DISABLED 

-.. FINANCIAL ELIGIBILITY Chapter 321 

Rev. 7/92 (2 of 2) Page 321.420 | 

(D) Living Arrangement D 

Assistance 

Unit Size Standard of Assistance 

1 $ 92.80 

2 184.40 

3 275.70 

4 367.30 

5 458.90 

6 534.30 
Incremental 91.60 

(E) Living Arrangement E: Licensed Rest Homes 

Individuals in licensed rest homes shall receive $60.00 per month 
plus the per diem established for the facility by the Rate Setting 
Commission, minus countable income, provided that all of the 
following conditions are met: (1) the per diem amount is not paid 
by another Department mechanism; (2) the individual is not eligible 
for any other form of cash assistance; and (3) the per diem cost is 
charged to the individual. 

Under no circumstances shall laundry costs be charged to the 
personal needs allowance of a recipient specified in 106 CMR 
321.420(E). 

(F) Living Arrangement F: Therapeutic Community Center 

Assistance Standard of Assistance 

Unit Size 

1 $196.00 

(G) Living Arrangement G: Detoxification Center 

Assistance Standard of Assistance 
Unit Size 

1 No grant but payment of detoxification center 

and other eligible medical services. 

(H) Living Arrangement H 

Assistance Standard of Assistance Standard of Assistance 
Unit Size No Rent Allowance with Rent Allowance 

1 $202.50 $237.50 

2 263.40 298.40 

3 324.40 359.40 

4 385.50 420.50 

5 446.60 481.60 

6 507.40 542.40 
Incremental 61.10 61.10 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



> 



Trans, by S.L. 969 
Rev. 7/92 



EMERGENCY AID TO THE ELDERLY AND DISABLED 
FINANCIAL ELIGIBILITY 



Chapter 321 
Page 321.500 



) 



321.500: Calculation of Grant Amount 

The grant amount is calculated as follows: 

(A) Identify the countable income of the members of the assistance unit. 
(See 106 CMR 321.200 through 321.250.) 

(B) Subtract work-related expenses, as defined in 106 CMR 321.270, and, 
if applicable, the $30 and one-third disregard or $30 disregard, as 
specified in 106 CMR 321.280, and/or, if applicable, the dependent 
care deduction, as specified in 106 CMR 321.275, from earned income, 
and add the result to the unearned income. 

(C) Subtract the result of 106 CMR 321.500(B) from the standard of 
assistance appropriate to the assistance unit. If the result is less 
than zero, then the assistance unit is financially ineligible. If 
the result is greater than or equal to zero, the assistance unit is 
financially eligible. 

321.510: Guide for Income-in-Kind 

Income-in-kind is income other than cash provided to the assistance unit. 
It may consist of free rent, free utilities, or free food. 

TABLE OF MONTHLY VALUES FOR INCOME-IN-KIND 



INCOME-IN-KIND 


VALUE PER 
LIVING ALONE 


ASSISTANCE 


UNIT 
SHARING 


SHELTER: 


$110 per month 




$56 per month 


FUEL: 


$23 per month 




$12 per month 


UTILITIES: 


$17 per month 




$9 per month 


FOOD: 


$42 per month 




$42 per month 


CLOTHING: 


$18 per month 




$18 per month 



) 



321.520: Payment of Assistance Grant 

After the eligibility has been established, assistance payments 
are normally to be made directly to the recipient. In those circum- 
stances where the recipient has indicated an inability to manage the 
assistance payment, the procedures outlined for vendor payments are 
to be applied. Total vendor payments under this provision shall not 
exceed the current monthly assistance payment. 

321.530: Minimum Monthly Payment 

The smallest monthly grant paid is $2. If the grant amount is greater 
than $0 but less than $2, the monthly grant paid shall be $2 except as 
specified in 106 CMR 321.420(G). 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



Trans, by S.L. 942 



EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 



FINANCIAL ELIGIBILITY 



ll 



Rev. 10/91 



Chapter 321 
Page 321 



510 



(C) Subtract the result of 106 CMR 321.500(B) from the standard of assistance 
appropriate to the assistance unit. If the result is less than zero, 
then the assistance unit is financially ineligible. If the result is 
greater than or equal to zero, the assistance unit is financially 
eligible. 

321.510; Guide for Income-In-Kind 

Income-in-kind is income other than cash provided to the assis- 
tance unit. It may consist of free rent, free utilities, or free food. 



> 



TABLE OF MONTHLY VALUES FOR INCOME-IN-KIND 



INCOME-IN-KIND 



VALUE 



SHELTER 



FUEL: 



UTILITIES: 



FOOD: 



CLOTHING 



$110 per month per assistance unit 



$23 per month per assistance unit 



$17 per month per assistance unit 



$42 per month per individual 



$18 per month per individual 



321.520: Payment of Assistance Grant 

After the eligibility has been established, assistance payments 
are normally to be made directly to the recipient. In those circum- 
stances where the recipient has indicated an inability to manage the 
assistance payment, the procedures outlined for vendor payments are 
to be applied. Total vendor payments under this provision shall not 
exceed the current monthly assistance payment. 

321.530: Minimum Monthly Payment 

The smallest monthly grant paid is $2. If the grant amount is greater 
than $0 but less than $2, the monthly grant paid shall be $2 except as 
specified in 106 CMR 321.420(G). 



) 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



I) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 
Rev. 10/91 Page 322. XXX 

SECTION 

322. XXX TABLE OF CONTENTS 

322.000 Overview of Related Benefits 

322.100 EAEDC Medical Services 
322.200 Medical Assistance 

322.300 Food Stamps 

322.310 Obtaining Food Stamps 

322.320 Amount of Food Stamps 

322. 400 Emergency Assistance 

322.500 Infant Benefits 

322.600 Funeral and Burial Expenses 

322.610 Payment for Funeral and Burial Expenses 

322.700 Transportation Assistance 

322.710 Eligibility for Transportation Assistance 

322.720 Voluntary Participation in Transportation Assistance 

322.730 Limitation on Transportation Assistance 

322.800 Rent Allowance 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



Trans, by S.L. 951 • 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 
Rev. 1/92 Page 322.000 

322.000: Overviev of Related Benefits 



This chapter contains a description of the benefits provided by the 

Department which EAEDC applicants or recipients may be eligible to 

receive. Some benefits are available to all recipients; others are 
intended for special needs or situations. 

These benefits are described under the following headings: 



) 



(A 
(B 
(C 
(D 
(E 
(F 
(G 



EAEDC Medical Services, 106 CMR 322.100; 

Medical Assistance, 106 CMR 322.200; 

Food Stamps, 106 CMR 322.300; 

Emergency Assistance, 106 CMR 322.400; 

Infant Benefits, 106 CMR 322.500; 

Funeral and Burial Benefits, 106 CMR 322.600; 

Transportation Assistance, 106 CMR 322.700; 



(H) Rent Allowance, 106 CMR 322.800 
322.100: EAEDC Medical Services 



The EAEDC program provides limited medical services to recipients of 
EAEDC. These services shall be specified by the Department. 



322.200: Medical Assistance 



Certain recipients of EAEDC may also be eligible for Medical Assistance in 
accordance with the requirements of the Medical Assistance Program 
specified in 106 CMR 501 through 106 CMR 507.600. An applicant or 
recipient of EAEDC who is under the age of 18 or aged 65 or older must 
apply for Medical Assistance as a condition of initial and continuing 
eligibility for EAEDC. Failure to cooperate in the Medical Assistance 
application and redetermination process for these persons shall result in 
the denial or termination of EAEDC. An applicant or recipient of EAEDC 
who is between the ages of 18 and 65 may apply for MA/DA if he or she 
chooses to complete such application. 



I 



< 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 
Rev. 10/91 Page 322.300 ; 

322.300: Food Stamps 

The purpose of the Food Stamp Program is to ensure adequate nutrition for 
low income households. The program is administered by the Department. 

322.318; Obtaining Food Stamps 

An EAEDC applicant or recipient may also apply for and be eligible for 
food stamps. The worker must inquire whether the applicant wants to apply 
for food stamps, and if so, must either process the food stamp application 
or in the instance of the NPA food stamp household make the appropriate 
referral to the food stamp unit. 

322.320: Amount of Food Stamps 

The amount of food stamps for which an assistance unit is eligible depends 

upon the amount of income available to it, including the EAEDC grant. 

When there is a change in the grant, or in the assistance unit, there may 

be a corresponding change in the food stamp allotment. 

322.400: Emergency Assistance 

The Emergency Assistance Program provides assistance to families in 
certain emergency or disaster situations. An assistance unit may receive 
authorization for Emergency Assistance for only one 30-day period in any 
12 consecutive calendar months, except as provided in 106 CMR 309 for 
disasters. 

The specific requirements and benefits of the EA program are found in 106 
CMR 309: Emergency Assistance . 

322.500: Infant Benefits 

The purpose of Infant Benefits is to provide a one-time payment for 
equipment needed to care for an infant. If the equipment is not available 
to the applicant or recipient from any other source, and if payment for 
the equipment is requested within the six months following the birth of 
the eligible infant, the following benefits must be authorized at rates 
set by the Department: 

(A) payment for a crib or mattress for a newborn infant; and 

(B) payment for a layette for a newborn infant. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 

Rev. 10/91 Page 322.600 ■' 

322.600: Funeral and Burial Expenses 

The Department may provide payment for funeral and burial expenses of a 
deceased EAEDC applicant, recipient, or a person whose identity is unknown 
and found dead, in accordance with Massachusetts General Laws, chapter 18. 
If payment is made for such expenses, the Department has preferred claims 
against the estate and existing resources of the deceased applicant or 
recipient for the amount of any such payment. 

Existing resources include, but are not limited to, savings, life 
insurance, RSDI and Veterans' Administration death benefits. In all 
instances where an applicant/recipient has ever been employed or was a 
Veteran, eligibility for these death benefits must be explored before 
payment is authorized. 

The worker must determine the resources that exist to meet the expenses. 
When RSDI lump sum death benefits appear to be available, a claim must be 
filed by the widow(er), if any, and recovery made by the Department. 

Veterans' death benefits will not be paid if the Department has already 
assumed the cost of funeral and burial. Therefore, it is essential that 
this claim be filed before the Department makes a commitment concerning 
the amount for which it will be responsible. 

322.610: Payment for Funeral and Burial Expenses 

The Department may pay a sum not to exceed $1,100 for the funeral and 
burial of an applicant or recipient provided that the total cost of the 
funeral and burial, including but not limited to the provision of a 
suitable grave marker, does not exceed $1500. Any resources available for 
funeral and burial expenses must be deducted from the maximum allowable 
cost ($1500); the Department then pays the balance, if any, up to $1,100. 

To receive payment the funeral director must submit an itemized bill and a 
signed statement that the total cost of the funeral and burial and 
suitable grave marker does not exceed $1500. He or she must also report 
any money paid or to be paid by sources other than the Department. 

The Department's payment is made in the form of a vendor payment to the 
funeral director. 

322.700: Transportation Assistance 

The Department provides transportation assistance to recipients of EAEDC 
benefits who have requested assistance to move outside the Commonwealth. 
Transportation assistance is provided through agencies under contract to 
the Department. 

The worker must refer an individual or family to the contracting agency if 
they indicate an interest in moving outside the Commonwealth and appear to 
meet the eligibility criteria. The referral will be made in writing on a 
form prescribed by the Department. The determination of eligibility shall 
be made by the contracting agency pursuant to standards set by the 
Department . 



( 



{ 



106 CMR; DEPARTMENT OF PUBLIC WELFARE 



) 



) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 
Rev. 10/91 •_ Page 322.710 ' 

322.710: Eligibility for Transportation Assistance 

The contracting agency will determine eligibility for transportation 
assistance in accordance with the following criteria. The individual or 
family must: 

(A) have a significant social, medical or financial problem which may be 
substantially alleviated by moving outside the Commonwealth; 

(B) be receiving EAEDC, AFDC, SSI, MA or RRP benefits; 

(C) have insufficient resources of their own to move outside the 
Commonwealth; and 

(D) not have been a previous participant in the Transportation Assistance 
Program. 

322.720: Voluntary Participation in Transportation Assistance 

The decision of an individual or family to accept referral for 
transportation assistance and to accept transportation assistance, based 
on the contracting agency's agreement to the soundness of the moving plan, 
must be voluntary. 

322.730: Limitation on Transportation Assistance 

Transportation assistance is limited to personal transportation for the 
family or the individual. The cost of moving household goods or 
furnishings, or costs for luggage or baggage in excess of the 
transportation carrier's stated limitations for personal effects or 
belongings, will not be authorized. 

322.800: Rent Allowance 

Applicants and recipients who are in Living Arrangement A shall be 
entitled to a Rent Allowance of $35 monthly per assistance unit, provided: 
(1) the applicant or recipient does not live in public or state or 
federally subsidized housing; and (2) the applicant or recipient has rent, 
mortgage, or room and/or board expenses. 

Public housing is housing owned and operated by a housing authority in 
which the rent is based on a percentage of the income of at least one of 
the occupants. 

Subsidized housing is housing occupied under a Section 8 or Chapter 707 
lease or agreement or other state or federally funded program in which the 
rent of at least one of the occupants is based in whole or in part on a 
percentage of his or her income. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323. XXX 

SECTION 

323. XXX TABLE OF CONTENTS 



323.000 Overview of Auxiliary Activities 

323.100 Inquiries, Requests, and Complaints 

323.110 Inquiries 

323.120 Requests 

323.130 Complaints 

323.140 Oral Complaints 

323.150 Written Complaints 

323.200 Overpayments and Underpayments 

323.210 Correction of Overpayments and Underpayments 

323.220 Causes of Overpayments 

323.230 Bureau of Special Investigations 

323.240 Referral to the Bureau of Special Investigations 

323.250 Recovery 

323.260 Recovery of Overpayments Resulting from Department Error and Payments 

Pending a Fair Hearing Decision 

323.270 Recovery of Overpayments Resulting from Recipient Error and 

Misrepresentation or Withholding of Information 

323.280 Recovery from Previous Recipients 

323.290 Recovery from Current Recipients 

323.300 Prevention of False or Erroneous Representation 

323.400 Delivery of Checks 

323.410 Ensuring the Proper Direction of Checks 

323.500 Lost or Stolen Checks 

323.510 Authorization of a Replacement Check 

323.520 Issuance of a Replacement Check 

323.530 Immediate Assistance Pending Replacement 

323.600 Vendor Payments 

323.610 Vendor Payments for Mismanagement of Funds 

323.620 Voluntary Vendor Payments 

323.630 Vendor Payments for AFDC-Related Benefits 

323.640 Determination of Amount of Vendor Payments 

323.650 Vendor Payments for Housing 

323.660 Notification of Request for Vendor Payments 

323.670 Notification of Vendor Payment Status 

323.700 Quality Control 

323.710 Requirement of Cooperation with Quality Control Reviews 



I 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



"i 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.000 *• 

323.000: Overviev of Auxiliary Activities 

This chapter describes activities that affect the delivery of benefits and 
are required to ensure the proper and accurate direction of funds. 

Auxiliary activities and the circumstances in which they are required are 
described in the following sections: 

(A) Inquiries, Requests, and Complaints, 106 CMR 323.100; 

(B) Overpayments, Underpayments, and Recovery, 106 CMR 323.200; 

(C) Referral to Bureau of Special Investigations, 106 CMR 323.240; 

(D) Delivery of Checks, 106 CMR 323.400; 

(E) Lost or Stolen Checks, 106 CMR 323.500; 

(F) Vendor Payments, 106 CMR 323.600; and 

(G) Quality Control, 106 CMR 323.700. 

323.100: Inquiries, Requests, and Complaints 

The worker must respond to all appropriate inquiries, requests, and 
complaints regarding the EAEDC Program or EAEDC cases for which he or she 
is responsible. These responses must be made within the limitations of 
the Massachusetts Freedom of Information Act as contained in 106 CMR 100: 
Fair Information Practices , and the regulations which follow. 

323.110: Inquiries 

An inquiry is an oral or written request for information about the EAEDC 
Program in general. Inquiries must be responded to by workers in the area 
offices or branch offices to which such inquiries are directed. 

323.120: Requests 

Under certain circumstances, defined in 106 CMR 100-108, information about 
a specific case may be released. If the worker is uncertain as to whether 
information may be disclosed, he or she must consult with the supervisor. 
When requests for information about a specific case may not be met, the 
reasons for the unavailability of information must be explained in writing 
to the person or institution making the request. 



( 



106 CMR: DEPARTMENT OF PUBLIC VELFARE 



"> 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.130 



323.130: Complaints 



A complaint is an oral or written communication expressing dissatisfaction 
with the policies and procedures of the Department or its administration. 
Complaints may be made by persons, institutions, or other agencies. 



323.140: Oral Complaints 



In the case of an oral complaint, the worker must attempt to address the 
complaint's dissatisfaction by providing a prompt interpretation of agency 
policy. In the event the complainant is not satisfied with the worker's 
explanations and wishes to go beyond the worker for assurance that he or 
she is receiving equitable treatment, the worker's immediate supervisor 
must be available for a three-way discussion of the problem. 

The applicant, recipient or institution must be informed of the right to 
appeal and have a fair hearing or to have a review without a hearing. 



323.150: Written Complaints 



In the case of a written complaint, the complaint must be reviewed by the 
worker to determine its validity. After the review is completed, a 
summary must be made of the facts and the action to be taken. The 
worker's decision must be reviewed by the immediate supervisor. 

A letter must then be sent to the complainant informing such individual or 
institution of appropriate action in relation to the complaint. The 
letter must inform the complainant of the right to appeal and have a fair 
hearing or to have a review without a hearing. 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



) 



Trans, by S.L. 975 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 11/92 Page 323.200 

323.200: Overpayments and Underpayments 

An overpayment exists when an assistance unit receives assistance for 
which it is not eligible or which exceeds the amount for which it was 
eligible. 

An overpayment may result from Department error, recipient error, mis- 
representation or withholding of information, or payment of assistance 
pending implementation of a fair hearing decision upholding the 
Department's proposed action. 

An underpayment exists when: 

(A) a financial assistance payment received by or for an assistance 
unit for the month is less than the amount for which the assistance 
unit was eligible; or 

(B) the Department fails to issue a financial assistance payment for the 
month to an eligible assistance unit, if such payment should have 
been issued. 

323.210: Correction of Overpayments and Underpayments 

The Department has the responsibility to identify and to correct over- 
payments and underpayments of assistance. The Department must promptly 
correct underpayments to current recipients and to those recipients who 
would be current recipients if the mistake causing the underpayment had 
not occurred. 



) 



I 



i 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



) 



) 



Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.220 

When an underpayment is established, the Department shall send written 
notice to the recipient that 1) includes the amount and 2) informs the 
recipient of the right to request a fair hearing. Before an action to 
recoup an overpayment, as provided in 106 CMR 323.290, is taken, the 
Department shall notify the recipient in accordance with 106 CMR 319.500. 

If both an underpayment and an overpayment exist, the Department may 
offset one against the other before correcting the payment if the 
existence and amount of both the underpayment and the overpayment can be 
promptly determined. Otherwise, the Department shall proceed to correct 
the underpayment and overpayment independently. 

Retroactive corrective underpayments shall not be considered income or a 
resource for purposes of determining continued eligibility and amount of 
assistance either in the month paid or in the following month. 

All overpayments are subject to recovery by the Department. Overpayments 
involving possible fraud shall be referred to the Bureau of Special 
Investigations (BSI). 

323.220: Causes of Overpayments 

(A) Department Error 

An overpayment may occur as a result of Department error. 
Department error includes failure of the worker to act on infor- 
mation that affects eligibility or the amount of assistance. 

(B) Payments Pending a Fair Hearing Decision 

An overpayment occurs when the Department's position is upheld on an 
appeal by a recipient of a reduction or termination, and aid was paid 
pending the implementation of the decision. 

The overpayment in a split fair hearing decision, where the action of 
the Department is only partly upheld, is the amount found in the fair 
hearing decision to be incorrectly paid. 

(C) Recipient Error, Misrepresentation or Withholding of Information 

An overpayment may occur as a result of recipient error. Recipient 
error may occur when the recipient, because of a misunderstanding of 
his or her responsibilities, fails to notify the Department of a 
change in his or her resources or other circumstances within the 
prescribed 10 days of such a change. 

An overpayment may also occur because the applicant or recipient 
knowingly misrepresents or withholds information from the Department. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.230 

323.230: Bureau of Special Investigations 

The Bureau of Special Investigations (BSI) is authorized to investigate 
all overpayments that are the result of recipient error and possible 
misrepresentation or withholding of information. The worker shall not 
investigate these cases. The BSI has the responsibility to determine if 
an overpayment is the result of recipient error or possible misrepresenta- 
tion or withholding of information. 

BSI investigators may enter any Department office to conduct an investiga- 
tion or review procedures to determine if there has been a fraudulent 
claim or wrongful receipt of money under any assistance program by the 
Department. BSI employees may, in conjunction with such an investigation, 
examine all records, files, books, and accounts within the scope of their 
investigation. Department workers shall cooperate fully with BSI represe- 
ntatives. 

323.240: Referral to the Bureau of Special Investigations 

All cases of possible misrepresentation or withholding of information and 
error on the part of a recipient, applicant, or non-medical vendor shall 
be referred to the Bureau of Special Investigations(BSI) . 

All cases of overpayment not the result of Department error or payment 
pending implementation of a fair hearing decision shall be referred to the 
BSI . 

All cases of actual or suspected medical vendor fraud or abuse must be 
referred to the Provider Review and Sanctions Unit, 600 Washington Street, 
Boston, MA 02111. 

323.250: Recovery 

(A) The Department shall act promptly to recover all overpayments from 
current recipients and from previous recipients who apply for and are 
determined eligible for current assistance. 

The Department shall refer overpayments resulting from recipient 
error, withholding of information, or possible misrepresentation to 
the Bureau of Special Investigations (BSI). In such cases no 
recovery may take place until the BSI notifies the Department that it 
has decided not to investigate or its investigation is complete. 

(B) The Department will recover overpayments only from the assistance 
unit that was overpaid. 



106 CMR: DEPARTMENT OF PUBLIC WELFARE 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.260 



(C) In cases where assistance has been terminated, the Department shall 
act to recover overpayments of amounts exceeding $35.00. When the 
overpayment amount owed by an individual no longer receiving cash 
assistance is $35.00 or more, the unit designated by the Department 
to administer recovery for cases that have closed can determine when 
it is no longer cost-effective to continue recovery efforts, provided 
it has made reasonable efforts to recover the overpayment. If BSI 
determines that the overpayment involves fraud, or if the assistance 
unit again begins to receive EAEDC, the Department must attempt to 
recover the overpayment even if less than $35.00. 

(D) If through recoupment the monthly grant amount is reduced to zero, 
the assistance unit shall be considered to be still receiving 
assistance. The minimum monthly payment shall be $2.00. 

323.260: Recovery of Overpayments Resulting from Department Error and Payments 
Pending a Fair Hearing Decision 

(A) Overpayments resulting from Department error shall be recovered. 

(B) Overpayments resulting from assistance paid pending implementation of 
a fair hearing decision following an appeal of reduction or 
termination in benefits shall be recovered if the fair hearing 
decision confirms the reduction or termination. The overpayment in a 
split fair hearing decision, where the action of the Department is 
only partly upheld, is the amount found in the fair hearing decision 
to be incorrectly paid. 

(1) The Department shall inform the recipient that the Department 
will recover any aid paid pending implementation of a decision 
following a fair hearing decided in the Department's favor. 

(2) The Department shall provide on the notification form letter the 
option for the appellant to waive the receipt of aid pending the 
hearing. 

323.270: Recovery of Overpayments Resulting from Recipient Error and 
Misrepresentation or Withholding of Information 

All overpayments that appear to have been the result of recipient error, 
possible misrepresentation or withholding of information shall be referred 
to the Bureau of Special Investigations (BSI). 



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Trans, by S.L. 975 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 11/92 Page 323.280 

Recovery of overpayments resulting from recipient error, possible mis- 
representation or withholding of information may be made only after review 
by the BSI. If a recipient has entered into an agreement with the BSI as 
to the amount to be recovered by a grant reduction, the worker shall use 
this amount in effecting the recovery. 

If the BSI indicates the cause of the overpayment to be other than recipi- 
ent error, misrepresentation or withholding of information, the worker 
shall institute recovery according to the provisions of 106 CMR 323.250, 
323.280, and 323.290. 

323.280; Recovery from Previous Recipients 

Recovery shall continue after a case closes when the amount of the over- 
payment is $35 or more, unless the unit designated by the Department to 
administer recovery for cases that have closed determines it is no longer 
cost effective. When the Bureau of Special Investigations (BSI) has 
determined that the case involved fraud, recovery efforts must be made 
regardless of the amount of the overpayment. Upon agreement by the 
Department and former recipient, the former recipient may be allowed to 
make a lump-sum payment or monthly installment payments. Recovery must be 
made if the overpaid assistance unit again begins to receive assistance, 
regardless of the amount of the overpayment. 

323.290: Recovery from Current Recipients 

(A) Method of Recovery 

(1) Recovery of an overpayment shall be sought from current recipi- 
ents and previous recipients who apply for and are determined 
eligible for EAEDC. Such recovery shall be 

subject to the amounts specified in 106 CMR 323.290(B). 

(2) Except as specified in 106 CMR 323.290(A)(3), the methods of 
recovery shall be by: 

(a) recoupment which is the recovery of an overpayment by means 
of a reduction in the recipient's grant; 

(b) a lump sum payment; 

(c) installment payments; or 

(d) a combination of the three. 

(3) If a recipient who refuses or fails to pay or who has been 
repaying his or her overpayment to the Department through a lump 
sum payment and/or installment payments or a combination of 
methods specified in 106 CMR 323.290(A)(2) misses one of his or 
her payments, he or she shall be required to repay the remaining 
overpayment by recoupment as specified in 106 CMR 323.290(A) 
(2)(a) subject to the amounts specified in 106 CMR 323.290(B). 



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Trans, by S.L. 975 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 

Rev. 11/92 Page 323.300 

(B) Amount of Recovery 

(1) Effective 11/1/92, the Department shall recover overpayments as 
long as the assistance unit retains from its assistance grant 
and other gross income combined a monthly amount equal to 90 
percent of the appropriate standard of assistance (See 106 CMR 
321.420) except as specified in 106 CMR 323.290 (B)(2) or (3). 

A recipient may agree, through an arrangement with the Bureau of 
Special Investigations (BSI) (see 106 CMR 323.270) or the De- 
partment, to an amount that exceeds the amount specified in 106 
CMR 323.290(B)(1). 

(2) Except as specified in 106 CMR 323.290(B)(3), for recovery of 
overpayments initiated prior to 11/1/92, the Department shall 
recover overpayments as long as the assistance unit retains from 
its assistance grant and other gross income combined a monthly 
amount equal to 99 percent of the appropriate standard of assis- 
tance (See 106 CMR 321.420). 

A recipient may have agreed or may now agree, through an ar- 
rangement with the Bureau of Special Investigations (BSI) (see 
106 CMR 323.270) or the Department, to an amount that exceeds 
the amount specified in 106 CMR 323.290(B)(1) or (2). 

(3) Whenever a recipient meets the conditions specified in 106 CMR 
323.290(A)(3), the Department shall recover overpayments as long 
as the assistance unit retains from its assistance grant and 
other gross income combined a monthly amount equal to 90 percent 
of the appropriate standard of assistance (See 106 CMR 321.420). 

A recipient may agree, through an arrangement with the Bureau of 
Special Investigations (BSI) (see 106 CMR 323.270) or the De- 
partment, to an amount that exceeds the amount specified in 106 
CMR 323.290(B)(1). 

In determining the gross income, earned income shall be considered 
without application of the Work-Related Expense Deduction (106 CMR 
321.270), the Dependent Care Deduction (106 CMR 321.275) and the $30 
and One-Third Disregard or the $30 Disregard (106 CMR 321.280). 

323.300: Prevention of False or Erroneous Representation 

The Department shall periodically inform recipients of their responsibili- 
ty for prompt and complete reporting of changes that may affect their 
eligibility and the amount of their assistance grant. 



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Trans, by S.L. 970 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 8/92 Page 323.400 



323.400: Delivery of Checks 



) 



(A) Checks are mailed to the home address of the recipient unless the 
recipient is on direct deposit for his or her checks. The local 
office director or designee may authorize delivery to a U.S. Post 
Office box, a private mailbox service or to the local office for 
pickup by the recipient in the following situations: 

(1) two or more checks have been lost or stolen and the recipient 
has signed a form prescribed by the Department in each instance; 

(2) the recipient resides in an area where the post office does not 
provide direct mail deliveries to homes; or 

(3) the recipient is in a temporary emergency shelter. 

(B) A recipient who is not receiving his or her checks at his or her home 
address must provide two of the verifications specified in 106 CMR 
323.400(E)(2) to prove residence at his or her given home address. 

(C) A recipient who picks up his or her checks at the local office must 
present proof of identity and sign a receipt for the check(s). 

(D) Prior to the authorization for delivery to a U.S. Post Office box or 
private mailbox service, the recipient must provide written verific- 
ation from the Postmaster of the U.S. Post Office where the U.S. Post 
Office box is located or an official of the private mailbox service 
where the private mailbox is located. The verification must contain: 



(1) the box number; and 

(2) a statement that the U.S. Post Office box or private mailbox is 
recorded in the recipient's name. 

The worker shall not authorize reimbursement for U.S. Post Office or 
private mailbox fees. 

(E) When a recipient is temporarily absent from the Commonwealth (see 106 
CMR 320.540), the local office director or designee may authorize 
delivery of checks to the temporary out-of-state address. 

(1) In cases where checks are sent to a temporary out-of-state 
address, continued residence or intent to retain residency, as 
appropriate, must be verified as specified in 106 CMR 323.400 
(E)(2). 

(2) One of the following documents, provided it bears the name and 
Massachusetts address of the recipient, constitutes acceptable 
verification: 

(a) a current rent receipt; 

(b) a current gas bill; 

(c) a current electric bill; 

(d) a current telephone bill; or 



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Trans, by S.L. 970 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 8/92 Page 323. 410 

(e) any other form of documentation that the supervisor has 
determined verifies the continued residence or intent to 
retain residency, as appropriate, of the recipient. 

323.410: Ensuring the Proper Direction of Checks 

To avoid the misdirection of checks, the worker must require verification 
of address from an applicant or recipient who moves and requests a change 
of address. 

Acceptable verification includes a rent receipt, statement from the new 
landlord, or a gas, electric or telephone bill that shows the new address. 

323.500: Lost or Stolen Checks 

When a recipient reports that a check is lost or has not been received, 
the worker must determine the address to which the check was mailed and 
whether or not the check has been returned to the Department. If the 
recipient has reason to believe that the check has been stolen, he or she 
must report the theft to the police. 

If a check has not been returned to the Department and four days 
(including the check date) have elapsed, the recipient may request a 
replacement check by signing a form prescribed by the Department. If he 
or she does so, he or she must be advised of the need to return the 
original check if it is received at a later date. 

323.510: Authorization of a Replacement Check 

Unless the Department has reason to doubt the validity of the claim, the 
Department must approve a request for a replacement check when: 

(A) the original check is reported lost or stolen and four days 
(including the check date) have elapsed; or 

(B) the original check has been returned to the Department and the 
recipient has corrected the circumstances that made the check 
undeliverable; and 

(C) the approval process for the replacement of the original check is as 
follows: 

(1) If fewer than 30 days have elapsed since the issuance of the 
original check, the supervisor must approve the replacement; or 

(2) If 30 or more days have elapsed since the issuance of the 
original check, the local office director or designee must 
approve the replacement. 

| 323.520: Issuance of a Replacement Check 

(A) Before issuing a replacement check, the Department shall: 



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Trans, by S.L. 970 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 8/92 Page 323.530 

(1) request a stop payment order on the original check if the 
original check has not been cashed; or 

(2) require the recipient to sign a form prescribed by the 
Department that the endorsement is not his or hers if the 
original check has been cashed. 

323.530: Immediate Assistance Pending Replacement 

If immediate assistance is needed, pending the arrival of the replacement 
check, food or shelter invoices, or both, must be authorized. The amount 
of such invoices must be deducted from the amount of the replacement 
check. If the check is not subsequently replaced, the amount of such 
invoices shall be considered an overpayment. This overpayment shall be 
subject to the overpayment regulations specified in 106 CMR 323.200 
through 323.290. 

323.600: Vendor Payments 

Vendor payments are money payments made directly to a provider of goods 
and services on behalf of recipients of EAEDC. Financial assistance in 
the form of vendor payments must be provided when: 

(A) The recipient has demonstrated an inability to manage funds, or a 
presumption of mismanagement exists, as specified in 106 CMR 
323.610(A) below; 

(B) The recipient requests that vendor payments be established; or 

(C) Certain EAEDC-related benefits are authorized. 

All plans for assistance in the form of vendor payments must be approved 
by the supervisor. Uhen vendor payments are authorized as an alternative 
to full, direct money payments, the recipient must be given the 
opportunity to participate in the determination of the payment plan and in 
the selection of the vendor, to the extent that this is possible. 

323.610: Vendor Payments For Mismanagement of Funds 

Vendor payments are required when a recipient has demonstrated an 
inability to manage funds. This means that the recipient has misused 
funds to such an extent that allowing him or her to manage the EAEDC grant 
is a threat to the health or safety of the assistance unit. Mismanagement 
must have continued for a period of at least one month before a finding of 
financial mismanagement may be made by the Department. 

When it appears that a recipient has demonstrated an inability to manage 
funds, he or she shall be afforded the opportunity to request the 
establishment of voluntary vendor payments. (See 106 CMR 323.620.) 
\ If he or she does not request voluntary vendor payments, the worker must 

/ proceed to establish vendor payments on the basis of mismanagement. 

(A) Presumption of Mismanagement 

The Department reserves the right to presume mismanagement when one 



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Trans, by S.L. 963 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 7/92 . Page 323.520 

323.520: Issuance of a Replacement Check 

If the original check has not been cashed, the Department shall request a 
stop payment order on the original check before issuing a replacement. 

If the original check has been cashed, the recipient must sign a form 
prescribed by the Department that the endorsement is not his or hers 
before a replacement check will be issued. 

323.530; Immediate Assistance Pending Replacement 

If immediate assistance is needed, pending the arrival of the replacement 
check, food or shelter invoices, or both, must be authorized. The amount 
of such invoices must be deducted from the amount of the replacement 
check. 

323.600: Vendor Payments 

Vendor payments are money payments made directly to a provider of goods 
and services on behalf of recipients of EAEDC. Financial assistance in 
the form of vendor payments must be provided when: 

(A) The recipient has demonstrated an inability to manage funds, or a 
presumption of mismanagement exists, as specified in 106 CMR 
323.610(A) below; 

(B) The recipient requests that vendor payments be established; or 

(C) Certain EAEDC-related benefits are authorized. 

All plans for assistance in the form of vendor payments must be approved 
by the supervisor. When vendor payments are authorized as an alternative 
to full, direct money payments, the recipient must be given the 
opportunity to participate in the determination of the payment plan and in 
the selection of the vendor, to the extent that this is possible. 

323.610: Vendor Payments For Mismanagement of Funds 

Vendor payments are required when a recipient has demonstrated an 
inability to manage funds. This means that the recipient has misused 
funds to such an extent that allowing him or her to manage the EAEDC grant 
is a threat to the health or safety of the assistance unit. Mismanagement 
must have continued for a period of at least one month before a finding of 
financial mismanagement may be made by the Department. 

When it appears that a recipient has demonstrated an inability to manage 
funds, he or she shall be afforded the opportunity to request the 
establishment of voluntary vendor payments. (See 106 CMR 323.620.) 
If he or she does not request voluntary vendor payments, the worker must 
proceed to establish vendor payments on the basis of mismanagement. 

(A) Presumption of Mismanagement 

The Department reserves the right to presume mismanagement when one 



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Trans, by S.L. 951 ■ 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

RELATED BENEFITS Chapter 322 
Rev. 1/92 Page 322.600 

322.600: Funeral and Burial Expenses 

The Department may provide payment for funeral and burial expenses of a 
deceased EAEDC applicant, recipient, a person who was without sufficient 
resources or financially responsible relatives to pay for funeral and 
burial expenses or a person whose identity is unknown and found dead, in 
accordance with Massachusetts General Laws, chapter -18. If payment is 
made for such expenses, the Department has preferred claims against the 
estate and existing resources of the deceased applicant or recipient for 
the amount of any such payment. 

Existing resources include, but are not limited to, savings, life 
insurance, RSDI and Veterans' Administration death benefits. In all 
instances where an applicant/recipient has ever been employed or was a 
Veteran, eligibility for these death benefits must be explored before 
payment is authorized. 

The worker must determine the resources that exist to meet the expenses. 
When RSDI lump sum death benefits appear to be available, a claim must be 
filed by the widow(er), if any, and recovery made by the Department. 

Veterans' death benefits will not be paid if the Department has already 
assumed the cost of funeral and burial. Therefore, it is essential that 
this claim be filed before the Department makes a commitment concerning 
the amount for which it will be responsible. 

322.610: Payment for Funeral and Burial Expenses 

The Department may pay a sum not to exceed $1,100 for the funeral and 
burial of an applicant or recipient provided that the total cost of the 
funeral and burial, including but not limited to the provision of a 
suitable grave marker, does not exceed $1500. Any resources available for 
funeral and burial expenses must be deducted from the maximum allowable 
cost ($1500); the Department then pays the balance, if any, up to $1,100. 

To receive payment the funeral director must submit an itemized bill and a 
signed statement that the total cost of the funeral and burial and 
suitable grave marker does not exceed $1500. He or she must also report 
any money paid or to be paid by sources other than the Department. 

The payment shall be a vendor payment to the funeral director. 

322.700: Transportation Assistance 

The Department provides transportation assistance to recipients of EAEDC 
benefits who have requested assistance to move outside the Commonwealth. 
Transportation assistance is provided through agencies under contract to 
the Department. 

The worker must refer an individual or family to the contracting agency if 
they indicate an interest in moving outside the Commonwealth and appear to 
meet the eligibility criteria. The referral will be made in writing on a 
form prescribed by the Department. The determination of eligibility shall 
be made by the contracting agency pursuant to standards set by the 
Department. 



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Trans, by S.L. 963 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 7/92 Page 323.620 

of the following situations exists: shelter costs, including, but 
not limited to, rent, heat, fuel, and utilities, have not been met; 
or an EA payment for arrearages (rent, mortgage, fuel, or utilities) 
is received by, or made on behalf of, the assistance unit. 

Although other relevant considerations may be taken into account, the 
Department shall consider the following situations as exceptions to a 
presumption of mismanagement. 

(1) The assistance unit has experienced some emergency or 
extraordinary event for which it was appropriate for 
available funds to be spent; or 

(2) The assistance unit has withheld payment as a reasonable 
exercise of consumer rights when there is a legitimate 
dispute as to whether the terms of an agreement have been 
met. 

(B) Number of Vendor Payments 

The number of vendor payments authorized in cases of mismanagement 
depends on the circumstances of the case. If the recipient has had 
difficulty with the management of all budgetary items, the worker 
must provide for assistance for all items, except personal care, in 
the form of vendor payments. 

If the recipient has had difficulty with only certain items, such as 
rent, the worker may make vendor payments for such selected items 
only. 

(C) Review of Cases Involving Mismanagement 

Cases in which vendor payments are based on financial mismanagement 
must be reviewed, for the purpose of determining whether the need for 
vendor payments continues, as frequently as is indicated by the 
individual circumstances, but no less frequently than every six 
months. The worker, with the approval of the supervisor, must 
terminate vendor payment status when there is evidence that the 
recipient is able to manage direct money payments. 

323.620; Voluntary Vendor Payments 

An applicant or recipient may at any time request that vendor payments be 
established. The request must be made in writing by the applicant or 
recipient and must be filed in the case record. Voluntary vendor payments 
shall continue until the applicant or recipient requests in writing that 
they be terminated. 






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Trans, by S.L. 963 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 7/92 Page 323.630 

323.630: Vendor Payments for EAEDC-Related Benefits 

Vendor payments are also used to provide certain EAEDC-related benefits. 
106 CMR 322 includes a description of these benefits. 

If the benefit is provided as an advance on the grant, the amount of the 
vendor payment must be deducted from the amount of the grant on which it 
was drawn. Other benefits are provided in addition to the grant and are 
provided for in the amount prescribed in 106 CMR 322. 

323.640: Determination of Amount of Vendor Payments 

A vendor payment for housing must be made in the amount of the rent or 
mortgage payment contracted for by the applicant or recipient. 

A vendor payment for fuel or utilities must be made in the amount of the 
monthly cost of the fuel or utility averaged over a 12-month period, as 
determined by the applicant's or recipient's arrangement with the fuel or 
utility company. 

Regardless of the number of individual vendor payments made, the recipient 
must be provided with an allowance for personal care in the form of a 
direct money payment. The total amount provided by vendor payments and 
the direct money payment must not exceed the total amount of the grant for 
which the assistance unit is eligible. 

323.650: Vendor Payments for Housing 

When a vendor payment is made for rental housing, the worker must obtain 
written certification from the city, the town Board of Health, or, if in 
Boston, the Commissioner of Housing Inspection, stating that the housing 
complies with the minimum standards for health and safety established by 
that agency. 

If the housing does not meet these requirements, vendor payments will not 
be made. 

323.660: Notification of Request for Vendor Payments 

An applicant or recipient must be given written notification whenever the 
local office receives a vendor's request that vendor payments for 
mismanagement be established on the basis of nonpayment of bills. The 
applicant or recipient, upon receipt of such notice, must be afforded the 
opportunity to request the establishment of voluntary vendor payments. 
(See 106 CMR 323.620.) If the applicant or recipient does not request the 
establishment of voluntary vendor payments, and a presumption of 
mismanagement exists, or if the Department otherwise finds that 
mismanagement exists, the local office shall establish vendor payments. 
(See 106 CMR 323.610.) The applicant or recipient must be given written 
notification of the disposition of the vendor's request. 



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Trans, by S.L. 942 

EMERGENCY AID TO THE ELDERLY, DISABLED AND CHILDREN 

AUXILIARY ACTIVITIES Chapter 323 
Rev. 10/91 Page 323.670 

323.670; Notification of Vendor Payment Status 

An applicant or recipient whose grant is provided in the form of vendor 
payments must be given written notification of the payment status, the 
reasons for the status, and the right to a fair hearing. 

A vendor must be given written notification whenever a vendor payment is 
initiated or terminated. 

323.700: Quality Control 

Quality Control is a system of continuing review designed to measure the 
accuracy of decisions on eligibility and the amount of assistance for 
AFDC, Medical Assistance, Food Stamps, and EAEDC. 

The Division of Quality Control has responsibility for administering the 
review system. 

323.710: Requirement of Cooperation with Quality Control Reviews 

When a case is selected for review, the recipient is required to cooperate 
with the Quality Control review process as a condition of continued 
eligibility. Cooperation includes, but is not limited to, a personal 
interview with the Quality Control reviewer and the furnishing of informa- 
tion and verifications necessary to determine eligibility and the amount 
of assistance. 



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