Section 366.130 - Mass ChangesCertain changes initiated by the state or federal government may affect all or a significant portion of the caseload. These changes include, but are not limited to: annual adjustments to the maximum gross monthly income standards, maximum allowable monthly net income standards, the shelter deduction, the dependent care deduction, the standard deduction, the standard utility allowance deductions and the maximum monthly allotments; periodic cost-of-living adjustments in Social Security, SSI, and other federal benefits; periodic adjustments to PA grants; and other changes in the eligibility criteria based on legislative or regulatory amendments.
(A)Supplemental Nutrition Assistance Program Changes. Federal adjustments to eligibility standards, benefit levels, income deductions, and adjustments to the standard utility allowance shall be publicized through the news media, posters in certification offices, issuance locations, or other sites frequented by certified households, or by mailing general notices to households. A notice of adverse action shall not be used for these changes. The household shall be notified of the change in accordance with 106 CMR 366.130(D).(B)Changes to Grant Amounts of PA Households. When the Department makes an overall adjustment such as a cost-of-living increase to public assistance grants, including EAEDC, corresponding adjustments in the household's SNAP benefits shall be handled as a mass change. The household shall be notified of the change in accordance with 106 CMR 366.130(D). If the Department has at least 30 days advance knowledge of the amount of PA adjustments, SNAP benefits shall be recomputed and the new monthly allotment will be effective in the same month as the PA change. If the Department does not have sufficient notice, the SNAP change shall be effective no later than the month following the month the PA change was made.
(C)Changes in Federal Benefit Payments. Changes in federal benefits, such as Social Security, SSI, and Veterans' Administration benefits, shall be treated as a mass change. The Department shall be responsible for automatically adjusting a household's SNAP benefit level. The change shall be reflected no later than the second allotment issued after the month in which the change becomes effective. Households shall be notified of the change in accordance with 106 CMR 366.130(D).
(D)Notice for Mass Changes. (1) A Notice of Adverse Action is not required when a household's SNAP benefits are reduced or terminated as a result of a mass change in the public assistance grant. However, the Department shall send individual notices to households to inform them of the change. The notice shall inform the household of:(a) The general nature of the change;(b) The effect of the change on the household's allotment;(c) The month in which the change will take effect;(d) The household's right to a fair hearing;(e) The household's right to continue benefits and under what circumstances benefits will be continued pending a fair hearing;(f) General information on whom to contact for additional information; and(g) The liability the household will incur for any overissued benefits if the fair hearing decision is adverse.(2) The Department shall notify the household of the mass change no later than the date the household is scheduled to receive the allotment that has been changed. However, the Department shall notify the household of the mass change as much before the household's scheduled issuance date as reasonably possible, although the notice need not be given any earlier than the time required for advance notice of adverse action.(3) The household shall be entitled to request a fair hearing when it is aggrieved by the mass change.(4) A household that requests a fair hearing due to a mass change shall be entitled to continued benefits at its previous level only if the household meets the following three criteria: (a) The household does not specifically waive its right to a continuation of benefits;(b) The household requests a fair hearing in accordance with 106 CMR 366.220; and(c) The household's fair hearing is based upon improper computation of SNAP eligibility or benefits, or upon misapplication or misinterpretation of federal law or regulation.Amended by Mass Register Issue 1330, eff. 1/13/2017.Amended by Mass Register Issue 1480, eff. 10/14/2022.