Resources For Massachusetts Grandparents and Grandchildren

 GOVERNMENT ASSISTANCE

What services and/or benefits are available to me and my grandchildren?

If you are the primary caregiver for your grandchild, you may be entitled to get cash assistance, health insurance, food stamp benefits or food checks (WIC), and/or other benefits on behalf of your grandchild. The rules for each program differ, so read about each program carefully. In addition, your legal relationship with your grandchild (i.e., whether you are the child’s legal guardian, foster parent, adoptive parent, or none of the above) may affect your ability to obtain benefits for your grandchild. For more information on legal relationships, you should refer to the section on custody within this guide. If you have any questions, you should get help before you apply for benefits and/or before you make any decision regarding the legal relationship to your grandchild. You may be able to get help from local support groups, legal services offices, or the Probate and Family Court.

AID TO FAMILIES WITH DEPENDENT CHILDREN (M.G.L. c. 118) (106 CMR 304.000)

What is my grandchild eligible for if there is no financial support from the parents?

The child may be eligible for Transitional Aid to Families with Dependent Children (TAFDC) and Food Stamp Benefits through the Department of Transitional Assistance, MassHealth through the Division of Medical Assistance, or Supplemental Security Income (SSI) through Social Security. Also, Women Infants Children Nutrition Program (WIC) or Children’s Medical Security Plan (CMSP) insurance through the Department of Public Health.

What is TAFDC?

"TAFDC" stands for Transitional Aid to Families with Dependent Children. TAFDC is a program that provides cash assistance to help care for children who lack parental support. A child lacks parental support when one or both parents is: absent from the home; physically or mentally incapacitated and unable to work; unemployed and cannot find work; or deceased. This program is often referred to as "welfare".

Who can receive TAFDC?

Both you and your grandchild(ren) may be eligible for TAFDC benefits, but the requirements for you are different than the requirements for your grandchild(ren). 

 Do I have to reveal the names of my grandson’s parents in order to receive TAFDC benefits for him?

When a grandparent or other relative applies for TAFDC for a child in their care, it is required to give the names and addresses of the biological parents, (if you have this information). This information is in turn given to the Department of Revenue, who will contact the parents for child care support. There are certain situations in which there is "just cause" for not contacting the parents. If you have serious concerns regarding this requirement, such as the safety of your grandchild or yourself you should discuss it when you apply. Be prepared to submit a statement from a doctor, counselor or other credible source to support your concern.

Does the grandparents' income count in determining the amount of the grant a child receives from TAFDC?

A grandparent may apply for TAFDC benefits in caring for the child in either one of two ways:

1) on behalf of the grandchild alone, or

2) for the grandparent and the grandchild.

If the application is for the grandchild(ren) only, then the grandparents’ income will not be counted in determining TAFDC eligibility. If application is for both grandparent and grandchild, then the grandparents' income will be counted. 

My adult son gives me fifty dollars a month for the support of his child whom I’m raising. It is very difficult for me to make ends meet. My son is doing the best he can, I know he can’t afford any more than what he is giving me now. Can I still apply for TAFDC?

Yes. If it is determined that the amount which he is giving you now is less than the TAFDC benefit, your grandchild will be eligible to receive TAFDC benefit. If it is determined that he can afford to give more support, he will be legally responsible for that amount. The Department of Revenue would be involved in such a situation. Your grandchild’s parent must give child support payments to the Department of Revenue if the child is receiving TAFDC.

How do I get clothing and shoes for my grandchild if I do not have the money?

TAFDC provides an annual clothing allowance for eligible dependent children. Moreover, if you are a DSS foster parent, you will receive a quarterly clothing allowance, at rates established by the Department of Transitional Assistance based upon the age of the child. 110 CMR 7.130(2).

Can I get help with moving costs?

Subject to available funding, the DTA provides transportation assistance to applicants or recipients of TAFDC who have asked for help moving outside the Commonwealth. Transportation assistance is provided through agencies under contract with the Department of Transitional Assistance. Transportation assistance is limited to personal transportation for the family or the individual. You are responsible for all other moving expenses (i.e., goods or furnishings, or costs for luggage or baggage). 106 CMR 705.800.

How long will it take for my application for TAFDC to be processed?

Your signed and completed application will be processed within approximately thirty days from the date it is received by DTA. You have a right to receive an official written notice from the DTA when a decision is made on your application and each time there is a change on the case. M.G.L. c.118, § 2.

If my application for TAFDC is denied, do I have the right to appeal?

Yes. You have the right to file an appeal if you disagree with any action taken on your case. You will find appeal instructions on the notices you receive. If you do not receive an official notice and an action is taken on your case, contact your local Department of Transitional Assistance office to obtain the appeal form and instructions. Additionally, if your TAFDC application is denied, you may still file separate applications for Emergency Aid to the Elderly, Disabled and Children (EAEDC), for Medical Assistance and for Food Stamps. 106 CMR 107.000.

Am I subject to the time limits and the work limits of TAFDC?

Again, this will depend on whether you are receiving benefits for yourself and your grandchildren or only for your grandchildren. If you are receiving benefits for yourself, you may be subject to the time limit and work requirement rules. There are exceptions based on age and disability that may exempt you even if you are receiving benefits for yourself.

 I am raising my son’s daughter. I have been told that I cannot get TAFDC for my granddaughter because my son’s name is not on her birth certificate. Is this correct?

No, the fact that your son’s name is not on your granddaughter’s birth certificate is not a bar on your receiving TAFDC for her; however, it will make it more difficult to prove that you are eligible to get benefits for your granddaughter. To get the TAFDC for a grandchild, you must prove that you are related to your grandchild. If your son’s name is not on your grandchild’s birth certificate, ask your caseworker what other forms of verification you can provide.

DTA should accept court papers that show the relationship; therefore one way around this problem is to get appointed as your grandchild’s legal guardian.

If you are unable to prove your relationship to your grandchild, ask about EAEDC benefits. You do not need to be related to a child to receive EAEDC benefits for the child.

I tried to get TAFDC for my grandchildren, but was told that their mother is already getting TAFDC benefits for them. What should I do?

To get TAFDC for a child, you must prove that the child is living with you. Therefore, if you can show that the children are living with you, you should be able to get the benefits to come to you instead of the children’s mother. One way to prove where the child is living is to get a letter from the child’s mother or the school. Ask your worker about other acceptable verification.

Do I need to have legal guardianship in order to get TAFDC for my grandchild?

If the child’s parent was subject to the 24-month time limit and the case was closed due to the 24-month time limit, then the grandparent may need legal custody or guardianship. If the child’s parent was not subject to the 24-month time limit or the 24-month time limit has not expired, then legal custody or guardianship is not required. You need to prove that the child lives with you, that you are related to the child, and that the child lacks the support of a parent. Getting legal guardianship of the child may be helpful in proving these things.

Where do I apply for TAFDC?

You can apply for TAFDC at a Department of Transitional Assistance (DTA) in your area. There is a list of offices and phone numbers in the back of this guide.

How can I make the application process as easy as possible?

Call ahead and ask what documents and information you should bring with you.

Fill out an application even if you don’t have all the information needed to complete the application. This is very important because your application date establishes the date that you will become eligible for benefits. Even if it takes an additional six weeks for you to complete the application process and start getting benefits, you will be paid back to the date of your application. Everyone has the right to fill out an application, even if it is unlikely that you will qualify or if your application will be incomplete.

Get names and phone numbers - - Department of Transitional Assistance is a large agency and the person who does your intake probably will not be the same person that is assigned as the caseworker on your case. For your own records, you should get the name and phone number of each person you speak with. That way if there is any confusion regarding your application, you can help the Department retrace its steps and resolve the problem quickly. 

Are there other benefits I can apply for at the same time that I apply for TAFDC?

If TAFDC is approved, there is automatic approval for MassHealth. Food stamp benefits may be approved as part of the TAFDC application if the grandparent is requesting TAFDC for him or herself. Otherwise, a separate application may be completed for food stamp benefits.

---

What is EAEDC?

EAEDC, which stands for Emergency Aid to the Elderly, Disabled, and Children is another financial benefit program for which your grandchild(ren) may be eligible.

 What are food stamp benefits and who is eligible to receive them?

The Food Stamp Program provides assistance to low income families to purchase food. The benefits are issued monthly, and the amount is based on income and expenses of the household in which the child resides. In addition, many households in which each person receives either SSI or TAFDC are considered automatically eligible for food stamp benefits. You can have income and still qualify for food stamp benefits. Please note, the following sources of income are counted for eligibility: a job, child support payments, unemployment benefits, Social Security, and public assistance.

Will my income be counted if I apply for food stamp benefits for my grandchild(ren)?

Yes. Unlike the TAFDC program, the Food Stamp Program will consider the income of every other person in the child’s household, even if you are applying for the child only. There is a small exception to this rule for families in which members must purchase food and prepare meals separately. For example, if a family member has serious dietary restrictions, you may be entitled to have that family member’s income excluded from your application. 

---

SOCIAL SECURITY

How and when do I get a Social Security card for my grandchild?

You may apply for a Social Security card at any local Social Security office. Everyone is required to have a Social Security number, so applications are generally made on the child's behalf. Proof of identification showing name, age, date of birth, proof of citizenship or immigrant status of the child must be submitted with the application. The individual filing the application may also be asked to show proof of his or her identity. In some instances, applications may also be made by mail. It generally takes two to three weeks to process the applications.

Some examples of acceptable forms of identification viewed by the Social Security Administration may include:

1) Driver's license;

2) Clinic, doctor, or hospital records;

3) U.S. government or state employee ID card;

4) Passport;

5) School ID card, record or report card;

6) Marriage or divorce record;

7) Health Insurance Card;

8) Military records;

9) Adoption records;

10) Court order of name change;

11) Church membership or confirmation record (if not used as evidence of age)

Insurance policy.

The Social Security office will NOT accept a birth certificate or hospital record as proof of your identity. It will accept other documents if they have enough information to identify you. Remember, the Social Security office must see original documents or copies certified by the county clerk or other official who keeps the record. Otherwise, call your local Social Security office.

SUPPLEMENTAL SECURITY INCOME (SSI) (M.G.L c.118, I' 1-7A)

Is my grandchild eligible for SSI?

Eligibility for SSI is based on age, blindness, or disability, either as an adult or a child, and the recipient's living arrangements. The parents' income and resources will be used to determine the child's eligibility for SSI. For example, if his/her parents are financially ineligible s/he would also be, unless the parent receives public assistance. However, once a child attains age 18, marries, is no longer a student, or becomes a head of household, their parents' income and resources will not be used to determine his eligibility.

But if the child continues to live at home or otherwise receives support, benefits may be reduced if s/he does not pay a fair share of the household expenses. The parents should report whether the child pays room and board. If the parents fail to make such report or if the child does not pay a fair share, then parental assistance is assessed a value and is counted as "in-kind" support and maintenance.

If a child under age 18 is not living with his or her parents, then the parents' income and resources will not be used to determine the child's eligibility for SSI if the child resides in a private medical institution or in a foster home. It is possible that SSI benefits could be reduced if the child receives support and maintenance or in-kind income from the parents or from some other source (e.g., a trust established for the child's benefit by his or her grandparents).

Moreover, benefits are reduced for any recipient (child) who does not have an independent living arrangement and is not institutionalized, but lives in the household of another without paying a pro rata share of household expenses. M.G.L c.118A, §1-7A.

What is Supplemental Security Disability Income (SSDI)?

SSDI is a program run by the Social Security Administration that provides a monthly cash benefit to disabled workers and/or to family members of disabled or deceased workers. The benefit is based on the amount of time worked and the amount of money earned.

Is my grandchild eligible for these benefits?

If either parent of your grandchild is deceased and that parent had a work history, your grandchild may be entitled to benefits. If you think your child may be eligible, you should call the Social Security Administration.

HEALTH INSURANCE

Can my grandchild be covered under my health insurance?

Generally yes, but it really depends on your carrier and the type of policy purchased. Many times an insurance carrier has already provided you with a separate medical insurance card for the dependent child. A hospital may bill you after the treatment for any services rendered should your insurance not cover the child being admitted for treatment. However, any contract which provides coverage, between subscriber and corporation under an individual or group hospital plan which is delivered or renewed in Massachusetts shall include as insured members:

1) adoptive children from the date of filing the petition;

2) foster children for whom the foster parent receives payments; and

3) children who have been placed by a licensed placement agency for purposes of adoption.

Such insurance will provide benefits for expenses arising from illness, injury, congenital malformation, or premature birth. Any policy as described will also provide for a child's preventive and primary care services.

Health insurers require some grandparents who have an individual policy with them to name the dependent child(ren) on their policy. For a grandparent to have the child(ren) covered under a group policy the grandparent must submit all the applicable paperwork. As long as the child's name was submitted under the policy and the necessary paperwork is submitted the child will be covered until the age of 19.

If the child does not qualify for MassHealth, are there other types of health insurance for which s/he might qualify?

There are different types of health programs that provide services for free or reduced cost such as Children’s Medical Security Plan (CMSP). See the sections on Health Information and the section on Additional Resources.

 I am on MassHealth. Are my grandchildren entitled to MassHealth benefits?

They may eligible for MassHealth provided they meet income guidelines and are age 18 or younger. 

How do I get health insurance for my grandchild?

You may be able to get health insurance for your grandchild through MassHealth, the Children’s Medical Security Plan (CMSP), or your own health plan. You should call MassHealth at 1-800-841-2900 for information.

Is my grandchild eligible for health care coverage through the State?

Any child who is eligible for either SSI or TAFDC is also eligible for MassHealth. Children who are eligible for this reason are considered "categorically eligible". In addition, some children who have incomes above the " categorically needy" limits may still qualify as "medically needy".

What is CMSP?

The Children’s Medical Security Plan (CMSP) is a health insurance program for children who are not eligible for MassHealth, and still do not have private health insurance. The CMSP program is not as extensive as MassHealth, so you should try to get your grandchild on MassHealth first. 

Where do I apply for MassHealth or CMSP?

Where you apply depends on whether or not you plan to apply for TAFDC for your grandchild as well. If you plan to apply for TAFDC, then the TAFDC application includes MassHealth. If you are not applying for TAFDC benefits, then you should call MassHealth at 1-800-841-2900, TTY 800-497-4548 or the Children’s Medical Security Plan application phone number at 1-800-909-2677.

---

UNEMPLOYMENT INSURANCE (M.G.L. c.151lA)

If I have to quit my job in order to care for my grandchild, will I be eligible for unemployment?

Unemployment insurance is temporary income for eligible workers who become unemployed through no fault of their own and who are looking for new jobs. You must also have earned at least $2,400 during a specified period of time, set by law. To remain eligible, you must actively look for full-time job. This means that you must let the State Division of Employment and Training (DET) know if you were unable to work during any week you are claiming benefits. To show DET that you are actively seeking full-time work, you must establish a worksheet plan, maintain records of your worksheet and report this information to DET periodically as required.

You may be disqualified from receiving benefits if DET determines that you:

1) left your job voluntarily without good cause;

2) were fired from your job for deliberate misconduct or violation of a company rule;

3) were suspended from your job because you broke company rules or regulations;

4) left your job because you were convicted of a felony or misdemeanor;

5) are not able and available to work full time or did not look for full time work; or

6) are unemployed because you are participating in a work stoppage due to a labor dispute.

The grandparent supporting the grandchild cannot quit his or her job voluntarily and recover unemployment compensation without just cause. See also M.G.L c.151A, § 29B. There are exceptions, however, and you should be encouraged to apply for unemployment.

Will I get extra unemployment if I support a grandchild?

Yes. If you are the whole or main source of support of your grandchildren, you may be eligible for a weekly dependency allowance. The allowance cannot be more than half your benefit rate, and you must provide documentation, such as a birth certificate for each child claimed. Your dependent child(ren) must be either under 18; under 24 and attending an educational institution full-time; or any age, but unable to earn wages due to mental or physical incapacity. M.G.L c.151A. §29B