Hotline Focus 02/08

TAFDC and EAEDC: Recalculating lump sum disqualification periods when there has been domestic violence.

Hotline Focus February 2008

Q.  Twelve months ago, a TAFDC client in our TAO reported that she received a lump sum payment from her insurance company. The amount of this payment closed the TAFDC case until December 11, 2009.  Today, the client has requested that we recalculate her period of ineligibility because of recent personal problems, including an abusive relationship.  What should I do?

A. According to 106 CMR 204.240(F), there are certain situations when a recalculation of the lump sum ineligibility period may be completed.  A client who has been in an abusiverelationship may request a recalculation if as a result of anabusiverelationship:the ineligible assistance unit needed to spend the lump sum payment on day-to-day living expenses as defined in 106 CMR 204.240(B) or spent it on  shelter, fuel, utilities, food or clothing; orthe ineligible assistance unit no longer has access to the lump sum and is therefore unable to pay for day-to-day living expenses as defined in 106 CMR 204.240(B) or is unable topay for shelter, fuel, utilities, food or clothing.Refer to 106 CMR 204.240(B) and 106 CMR 204.240(F) for acceptable verifications.If you have any questions on this, please have your Hotline designee call the Policy Hotline at 617-348-8478.

Q. If a recalculation of a lump sum ineligibility period is performed due to an abusive relationship, must the TAFDC client also request a good cause domestic violence waiver as specified in 106 CMR 203.110?

A. No.   In this situation,while a good cause domestic violence waiver request(s) should be explored with your client, it is not required.  Remember, however, that any instance requiring a recalculation of a lump sum ineligibility period due to an abusive relationship should be accompanied bya referral to your TAO's domestic violence specialist.

Q.  Can I recalculate the lump sum ineligibility period due to an abusive relationship, even if the abuse is no longer ongoing?

A. It depends on the circumstances. While your client may not currently be in danger as a result of an ongoing abusive relationship, the recalculation of the lump sum ineligibility period may still be appropriate, if as a result of the past abusive relationship the regulation requirements are met.

Q. Since the lump sum regulations are also in the EAEDC manual, does the same policy apply to clients in the EAEDC Program?

A.Yes.  An abusive relationship is an example of a situation that can result in the recalculation of a lump sum ineligibility period in the EAEDC Program as well. For more information, please refer to 106 CMR 321.240(F).

NOTE: In the Food Stamp Program, a nonrecurring lump sum payment is excluded as income and considered an asset in the month received, unless otherwise excluded.  Refer to 106 CMR 363.230 and 106 CMR 363.140 for details.