Continuation of Benefits Pending Appeal
Effective Dec 16, 2016Mass. Register #1328MGL c. 6, § 206 MGL c. 6, § 207 MGL c. 30AOffice for Refugees and Immigrants
(1) If a refugee requests a hearing (postmarked or delivered to ORI or the refugee's Case Management Provider) within the ten-day timely notice period, Refugee Cash Assistance shall not be reduced or terminated until a decision is made after a hearing, unless:
- (a) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the computation of the grant is not an issue;
- (b) A change affecting the participant's grant occurs while the fair hearing decision is pending and the participant fails to request a hearing after notice of the change;
- (c) The participant requests that he or she not receive continued assistance pending appeal; or
- (d) The reason for termination is the expiration of time eligibility unless there is a factual dispute about the dates of eligibility, but see 121 CMR 2.655 for resolution of disputes regarding dates of entry.
- (2) Refugee Cash Assistance paid while an appeal is pending is subject to recoupment if the decision to reduce or terminate is upheld.