us-ma/regulation/106-cmr/367/275 — 275 Continuation of Benefits

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If a household requests a fair hearing within the period provided in 106 CMR 343.250: Continuation of Benefits Pending Appeal, and its certification period has not expired, the household's participation in the program shall continue on the basis authorized immediately before the Notice of Adverse Action unless the household specifically waives continuation of benefits. The appeal form shall contain space for the household to indicate whether or not continued benefits are requested. If the form does not positively indicate that the household has waived continuation of benefits, the Department shall assume that such continuation is desired and the benefits shall be issued accordingly. If the Department action is upheld by the hearing decision, a claim against the household shall be established for all overissuances. If a hearing request is not made within the time period provided in 106 CMR 343.250, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes that its failure to make a timely request was for good cause, as defined by 106 CMR 343.320(D)(1) and (2), the Department shall reinstate the benefits to the prior level until a decision is made. When benefits are reduced or terminated due to a mass change, participation at the prior level shall be reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly calculated or that federal law or regulations are being misapplied or misinterpreted by the Department.

name: continuation_of_benefits_pending_appeal_applies kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- the household's participation in the program shall continue on the basis authorized immediately before the Notice of Adverse Action unless the household specifically waives continuation of benefits versions: - effective_from: '0001-01-01' formula: |- household_requested_fair_hearing_within_period and not household_certification_period_has_expired and not household_specifically_waived_continuation_of_benefits

name: benefits_reinstated_to_prior_level_for_untimely_request kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- if the household establishes that its failure to make a timely request was for good cause, as defined by 106 CMR 343.320(D)(1) and (2), the Department shall reinstate the benefits to the prior level until a decision is made versions: - effective_from: '0001-01-01' formula: |- not household_requested_fair_hearing_within_period and household_established_good_cause_for_untimely_request

name: mass_change_prior_level_reinstatement_applies kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- When benefits are reduced or terminated due to a mass change, participation at the prior level shall be reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly calculated or that federal law or regulations are being misapplied or misinterpreted by the Department. versions: - effective_from: '0001-01-01' formula: |- benefits_reduced_or_terminated_due_to_mass_change and (contested_issue_is_improper_calculation or contested_issue_is_misapplication_of_federal_law)

- name: continuation_of_benefits_pending_appeal_applies kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- the household's participation in the program shall continue on the basis authorized immediately before the Notice of Adverse Action unless the household specifically waives continuation of benefits versions: - effective_from: '0001-01-01' formula: |- household_requested_fair_hearing_within_period and not household_certification_period_has_expired and not household_specifically_waived_continuation_of_benefits

- name: benefits_reinstated_to_prior_level_for_untimely_request kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- if the household establishes that its failure to make a timely request was for good cause, as defined by 106 CMR 343.320(D)(1) and (2), the Department shall reinstate the benefits to the prior level until a decision is made versions: - effective_from: '0001-01-01' formula: |- not household_requested_fair_hearing_within_period and household_established_good_cause_for_untimely_request

- name: mass_change_prior_level_reinstatement_applies kind: derived entity: Household dtype: Judgment period: Month source: 106 CMR 367.275 metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us-ma/regulation/106-cmr/367/275/block-1 excerpt: >- When benefits are reduced or terminated due to a mass change, participation at the prior level shall be reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly calculated or that federal law or regulations are being misapplied or misinterpreted by the Department. versions: - effective_from: '0001-01-01' formula: |- benefits_reduced_or_terminated_due_to_mass_change and (contested_issue_is_improper_calculation or contested_issue_is_misapplication_of_federal_law)

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