loading…
loading…
loading…
(A) Income Available to the Filing Unit
Earned and unearned monthly income of a person living in the same household as the dependent child, that exceeds the sum of the following, is deemed to be available as unearned income to the filing unit on a monthly basis:
(1) An amount equal to the person’s monthly work-related-expense deduction that would be applied to the person’s monthly earned income in accordance with 106 CMR 704.270;
(2) An amount equal to the Need Standard for a family composed of: the person and those individuals living in the same household who are or could be claimed as dependents for federal tax purposes, and who are not required to be included in the TAFDC filing unit;
(3) The monthly amounts actually paid by the person to individuals not living in the same household, if the person claimed, or could have claimed such individuals as dependents for federal tax purposes; and
(4) Actual monthly payments by the person of alimony or child support, to individuals not living in the same household, when these payments do not duplicate those payments in (A)(3) above.
(B) Verification
(1) Earned and Unearned Income
The monthly earned and unearned income of the person defined in 106 CMR 704.210(D)(1) is verified in accordance with 106 CMR 704.290, with the exception that a person shall also be required to verify earned income from wages and unearned income at eligibility reviews. Earned Income Credits that the person receives are also treated in accordance with 106 CMR 704.290. Changes in the person’s income must be reported to the Department within 10 days.
(2) Living Arrangement
The living arrangement of the person’s household shall be verified in accordance with 106 CMR 703.330.
(3) Work-Related-Expenses
The work-related-expense deduction shall be calculated in accordance with 106 CMR 704.270.
Tr ansitional Cash Assistance Programs
Financial Eligibility | Chapter | 704 .00
3/2018 | (2 of 3) | Page | 704.235
(4) Individuals Claimed as Dependents
The number of individuals claimed as dependents for federal tax purposes is verified by one of the following:
(a) A copy of the most recent federal income tax return; or
(b) A copy of the most current federal income tax withholding form, if the person is not self-employed.
(5) Individuals Living in the Applicant’s or Client’s Household Who Could Have Been Claimed as Dependents
If certain individuals living in an applicant’s or client’s household as dependents for federal tax purposes could have been claimed, but were not, the person shall submit the following verifications:
(a) A signed and dated statement listing the additional individuals claimed to be dependents, but who are not listed on his or her most current tax return or federal income tax withholding form; and
(b) An affidavit signed and dated by the applicant or client that he or she is providing over 50 per cent of the support for each dependent listed in the above statement.
(6) Individuals Not Living in the Applicant’s or Client’s Household Who Could Have Been Claimed as Dependents
If certain individuals not living in an applicant’s or client’s household as dependents for federal tax purposes could have been claimed but were not, the person shall submit the following verifications:
(a) A signed and dated statement listing the names, social security numbers and addresses of those individuals living outside the person’s household, who could have been claimed as dependents for federal tax purposes; and
(b) An affidavit signed by the person that he or she is providing over 50 percent of the support for each dependent listed in the signed and dated statement; and
(c) Canceled personal or bank checks or money orders signed by the person and made payable to the dependent, or to the dependent’s natural or adoptive parent or legal guardian, or made payable to a party who signs a dated statement that the check or money order was in payment for goods or services provided to the dependent; or
Tr ansitional Cash Assistance Programs
Financial Eligibility | Chapter | 704 .00
3/2018 | (3 of 3) | Page | 704.235
(d) If the items specified in 106 CMR 704.235(B)(6)(c) are unavailable, an affidavit signed by the dependent or by the dependent’s natural or adoptive parent or legal guardian verifying the amount of the cash payment.
(7) Amount of Alimony or Child Support
Monthly alimony or child support paid immediately prior to an application or an eligibility review shall be verified in accordance with 106 CMR 704.235(B)(6), or if appropriate, by online Child Support Enforcement Division (CSED) data.
(C) Income Deemed to a Pregnant Woman
The spouse, if any, living with an otherwise eligible pregnant woman must be included in the determination of the eligibility of the pregnant woman.
The income of the spouse must be included in the 185 percent Test of Eligibility and the Second Test of Eligibility. The grant amount is determined using an assistance unit of one and only the income of the pregnant woman.
Transitional Cash Assistance Programs
Financial Eligibility | Chapter | 704
3/2018 | (1 of 2) | Page | 704.236