General Eligibility Requirements

---

Who is eligible for TAFDC?

Who is not eligible for TAFDC?

What is the family cap rule?

Can noncitizens get TAFDC?

Can seniors get TAFDC?

Can teen parents who live on their own get TAFDC?

Who is eligible for TAFDC?

TAFDC is for families with children and for pregnant women.

You must be in one of these categories:

• Families with a child under 18 living in the home (or age 18 and a full time student) and the child is living with one or both parents or a close relative (for example, aunt, uncle, grandparent, or first cousin)

• Pregnant women in their last four months of pregnancy

AND you must:

• be a resident of Massachusetts (homeless families can qualify)
• be a U.S. citizen or eligible noncitizen
• have a Social Security number (or have applied for one) for everyone applying for TAFDC
• meet the financial eligibility requirements
• meet the work requirements (unless you are exempt from the work requirements)
• meet school attendance requirements for children and teen parents.

In general, you can only get TAFDC benefits for children who were born before you first applied for TAFDC, or for children who were born less than 10 months after you applied. See What is the family cap rule?

If you are a relative caring for a child, you do not have to have legal custody or guardianship to get TAFDC for that child.

Who is not eligible for TAFDC?

You are not eligible for TAFDC:

• if you have an outstanding default warrant (for example, if you did not pay a fine or if you missed a court date)
• if you are an undocumented noncitizen
• if you violated probation or parole assigned to you after September 25, 1996
• if you are fleeing prosecution or punishment for a felony.

Note: If you were convicted of a drug felony for conduct that occurred after August 22, 1996 AND you served prison time, there is a 12-month waiting period after your release from prison before you are eligible for TAFDC. This rule does NOT apply if your family is exempt from the 2-year time limit (See For how long can I get TAFDC? ), or if you received a domestic violence waiver.

The rest of your family can still get TAFDC benefits even if you are not eligible.

What is the family cap rule?

Every family applying for TAFDC has a family cap date. The family cap date is 10 months after you first applied for TAFDC. Any child born after your family cap date is not eligible for TAFDC cash benefits, unless the child qualifies for an exception. Children excluded by the family cap rule can still get food stamps, WIC, and MassHealth.

Under certain circumstances, such as rape, the first child of a teen parent, or other extraordinary circumstances, the family cap rule is waived for a dependent child. Ask your caseworker at DTA for more details about the family cap rule.

Note: If the only child in your family is excluded from getting cash benefits because of the family cap rule, you can still get cash benefits for yourself.

Can noncitizens get TAFDC?

If you are not a U.S. citizen but you meet all of the other eligibility requirements for TAFDC, you may be able to get TAFDC if you are in one of the following eligible noncitizen categories:

• Veterans and active duty personnel
  (includes Hmong and Highland Lao veterans who fought on behalf of the U.S. Armed Forces during the Vietnam conflict)
• Legal permanent residents (LPRs), if one of the following applies:
  • LPR status was granted before 8/22/96
  • five years have passed since granting of LPR status
  • you were a refugee, asylee, noncitizen with deportation withheld, Cuban/Haitian entrant, or Amerasian immigrant prior to LPR status
  • you entered the U.S. before 8/22/96 and were continuously present in the U.S. until LPR status was granted
• Refugees
• Asylees
• Withholding of deportation noncitizens
• Parolees, if one of the following applies:
  • parolee status was granted before 8/22/96
  • five years have passed since parolee status was granted
  • you entered the U.S. before 8/22/96 and were continuously present in the U.S. until parolee status was granted
• Conditional entrants, if one of the following applies:
  • conditional entrant status was granted before 8/22/96
  • five years have passed since conditional entrant status was granted
  • you entered the U.S. before 8/22/96 and were continuously present in the U.S. until conditional entrant status was granted
• Certain battered noncitizens who are lawfully in the U.S.
• Cuban/Haitian entrant (known to be in the U.S., but not facing deportation)
• Amerasians from Vietnam
• Victims of severe forms of trafficking
• American Indians born in Canada
• Iraqi and Afghan noncitizens with special immigrant status

Your eligibility may also depend on other factors. You must be able to show proof of your immigration status to be eligible for TAFDC. In certain limited cases, getting cash assistance like TAFDC can affect your chances of becoming a legal permanent resident. Undocumented noncitizens and nonimmigrants (for example, visitors and foreign students) are not eligible for TAFDC.

If you are a sponsored noncitizen and your sponsor signed an affidavit of support, you are subject to sponsor deeming. See Are there special financial eligibility rules for noncitizens?

Rules for noncitizens are complicated and subject to change. Your DTA worker will be able to explain the rules that apply to you. If you have a question about your immigration status, you should get Legal Assistance before applying for TAFDC.

Can seniors get TAFDC?

If you are a senior, you can get TAFDC only if you are the primary caregiver of a child under 19 living in your home. The child must be closely related, such as a grandchild. You do not have to have legal custody or guardianship of the child.

To get benefits for yourself and the child living with you, you must meet TAFDC eligibility requirements, including income and asset limits. You do not have to meet the work requirement if you are age 60 or older. To get TAFDC benefits for the child only, your income and assets are not counted.

You must be able to prove that the child is related to you and lives with you.

Can teen parents who live on their own get TAFDC?

Teen parents under 18 (minors) must meet special "living arrangement" rules to be eligible for TAFDC. Adult teen parents (those 18 or 19) do not have to meet these rules if they are in high school or a GED program, or if they have graduated.

In general, minor teen parents must:

• live with one or both parents unless there is evidence of abuse, neglect, addiction, or other special circumstances,
• OR live with another adult relative over 20 or a legal guardian,
• OR live in a teen group home.

However, DTA might allow you to live on your own if you are:

• married and living with your spouse,
• OR a graduate of a DCF (DSS) "independent living program,"
• OR 17 years old, and a teen specialist has determined that your living situation is safe and healthy for your baby, and that you have enough support and parenting skills to live on your own. You must be in school or a GED program, have reliable child care, and attend a teen-parenting program.