66. Does DTA count gifts or contributions?

If you get regular gifts from non-legally responsible friends or relatives (such as your parents if you are over 18, or your aunts and uncles), these gifts do NOT count as income as long as the money is designated for a specific living expense and does not exceed the amount of the expense. Living expenses include but are not limited to: rent, mortgage, fuel, utilities, or transportation. 106 CMR §363.230(A).

But, unlike loans you plan to repay, DTA may calculate your deductible expenses at a lower amount if the gift lowers the amount you are responsible to pay for shelter, dependent care, or medical costs. 

Contributions made for a portion of other basic living needs – such as transportation or toiletries – also do not count (and do not lower your deductible costs). 

Example 1:  Jill’s rent is $1,200 per month. Jill explains that her aunt regularly gives her $400 per month toward her rent. DTA does not count the $400 as income, but DTA calculates Jill’s rent at $800/month in determining her SNAP benefits. This reduces her shelter cost deduction. 

Example 2: Jeff’s work hours were cut. His cousin gives him $200 per month to help pay for his car payment and insurance. He needs his card to get to work. Jeff’s rent is $900 per month. DTA does not count the $200 as income. DTA does not decrease his shelter costs because the contribution is for Jeff’s car costs and not his rent.

Verifying contribution 

DTA policy states that households who get a cash gift or contributions from non-legally responsible persons must provide proof of the contribution, including information on who the payments are made to, the amounts, what the payments are intended to cover, and how often the payments are made. 

DTA must accept the best evidence available if the person making the contribution is unwilling or unable to make a statement about the gift. See Question 16.

There are many situations where you may not be able to get this verification. For example:

• You are concerned that asking for proof from a friend or relative will cause the person to stop gifting you money. 
• The friend or relative is unwilling to go on record with DTA about the money they give you. 

If you cannot get a letter from the person giving you the money – for whatever reason – explain this to DTA in writing. In your statement, you can explain what the payments are for, and how often you get them. If DTA denies or terminates your benefits due to a contribution issue, you can ask to speak to a Supervisor, the DTA Ombuds Office, or file an appeal.  
 
If the money you receive from others is considered a loan, be sure to clarify that you plan to pay back the money with DTA. Loans are non-countable income. 106 C.M.R. §363.230(E). DTA may require verification in the form of a statement signed by the lender and the recipient indicating the payment is a loan and must be repaid. If the loan is recurring, DTA may ask for an affidavit from the loan provider regarding repayment details.

DTA Online Guide Section  

See Appendix G for links to the DTA’s BEACON Online Guide for this section.