106 CMR, § 365.620

Current through Register 1536, December 6, 2024
Section 365.620 - Group Living Arrangements

A group living arrangement is defined as a community-based residential facility operated by a public or private nonprofit organization or institution authorized to serve no more than 16 residents. The facility shall be certified by an appropriate state agency under regulations issued pursuant to section 1616(e) of the Social Security Act, or under standards determined by the Secretary of Agriculture, to be comparable to standards implemented by appropriate state agencies under such section. To be eligible for SNAP benefits, residents of group living arrangements, not including Teen Parent Structured Living Programs (TLPs), must be blind or disabled as defined in 106 CMR 361.240: Ineligible Households.

Before certifying a resident of a group living arrangement, the worker must verify that the facility is operated by a nonprofit organization or institution certified by the appropriate State agency and authorized to serve no more than 16 residents.

(A)Application Procedures for Group Living Arrangements Not Including Teen Parent Structured Living Programs (TLPs). Residents of group living arrangements, not including TLPs, may apply and be certified through the use of an authorized representative who is an employee of and designated by the facility; or apply and be certified on their own behalf or through the use of an authorized representative of their own choice. The facility shall make the determination whether a resident must apply through the facility's authorized representative, or may apply on his or her own behalf or through the use of an authorized representative of his or her own choice. The determination shall be based on the resident's physical and mental ability to handle his or her own affairs. All of the residents of the group living arrangement do not have to be certified using the same method.
(1)Group Living Arrangement as Authorized Representative. Residents that apply through the use of the facility's authorized representative shall have their eligibility determined as one-person households. The facility shall receive and spend the residents' SNAP benefit allotment for food to be prepared and served to the eligible residents, or may allow the residents to use any portion of their allotments on their own behalf.
(2) When a resident, or group of residents, applies and is certified on their own behalf or through the use of an authorized representative of their own choice, they must authorize the transfer of their monthly SNAP benefit to the facility through the use of an on-site POS Terminal or EBT Manual Voucher System. The facility shall receive and spend the residents' SNAP benefit allotment for food to be prepared and served to the eligible residents, or may allow the residents to use any portion of their allotments on their own behalf.
(B)Application Procedures for Teen Parent Structured Living Programs (TLPs). Residents shall either apply and be certified on their own or through the use of an authorized representative employed and designated by the TLP.
(1) If the facility has an on-site POS Terminal or EBT Manual Voucher System the resident or the facility as authorized representative must authorize the transfer of the monthly SNAP benefit allotment to the TLP. The TLP may either receive and spend the SNAP benefit allotment for food prepared by and/or served to the resident, or allow the resident to use all or any portion of the SNAP benefit allotment on his/her own behalf.
(2) If the facility does not have an on-site POS Terminal or EBT Manual Voucher System, the facility as authorized representative may either receive and spend the SNAP benefit allotment for food prepared by and/or served to the resident, or allow the resident to use all or any portion of the SNAP benefit allotment on his or her own behalf.

106 CMR, § 365.620

Amended by Mass Register Issue 1330, eff. 1/13/2017.