Grandparent Deeming Exception Under 106 CMR in Massachusetts

What Grandparent Deeming Actually Means

Grandparent deeming is a specific TAFDC regulation — 106 CMR 704.236 — that counts a portion of a grandparent's income against a benefit grant. The name alone scares kinship caregivers, because it sounds like it means DTA will count your retirement income or Social Security when you apply for a child-only grant on behalf of a grandchild.

It does not. The deeming rule has a narrow scope, and most grandparents raising grandchildren are completely outside it.

When Deeming Applies (and When It Does Not)

Grandparent deeming under 106 CMR 704.236 applies in exactly one scenario:

A minor teen parent under age 18 lives in the same household as their own parent (the grandparent), and both the teen parent and the baby receive TAFDC.

In that situation, DTA "deems" a portion of the grandparent's income to the teen parent's grant. The calculation deducts 200% of the Federal Poverty Level for the grandparent's own dependents from the grandparent's gross income, then counts whatever remains against the teen's TAFDC amount.

Deeming does not apply if:

• The teen parent is 18 or 19 (deeming ends at age 18)
• The grandparent is raising the grandchild directly — without the teen parent living in the home
• The grandparent applies for a child-only grant as a non-needy caretaker relative

That last point is the one that matters to most kinship caregivers. When you apply for a TAFDC child-only grant as a grandparent or other relative, your income and assets are completely excluded from the eligibility calculation. The child-only pathway and the deeming regulation operate in different parts of the TAFDC code, and they do not overlap.

Why This Causes Confusion

The confusion is understandable. Frontline DTA workers sometimes reference deeming rules incorrectly during intake interviews, or caregivers read about deeming online and assume it applies to all grandparent-grandchild TAFDC cases. Public forum posts regularly show grandparents who delayed applying for months because they believed their pension or Social Security would be counted.

The regulatory distinction is clear: deeming applies to the income of a grandparent who lives with their own minor teen child and that teen's baby. It does not apply to a grandparent who is the primary caregiver applying on behalf of a grandchild whose parent does not live in the household.

If a DTA worker tells you that your income will be counted under deeming rules, ask them to check whether the case is coded as a child-only unit with a non-needy caretaker relative. If it is, 106 CMR 704.236 does not apply. If they insist otherwise, you have the right to request a DTA fair hearing.

The Regulation in Context

106 CMR is the full body of DTA regulations governing TAFDC, SNAP, and other transitional assistance programs. The sections most relevant to kinship caregivers include:

• 106 CMR 704.236 — Grandparent deeming (teen parent scenario only)
• 106 CMR 704.420 — Grant calculation schedules (the payment tables for child-only amounts)
• 106 CMR 702.110 — Application processing timelines (DTA must act within 30 days)

You do not need to memorize regulation numbers. But knowing that 704.236 has a narrow scope — and that it does not touch child-only cases — can save you from abandoning an application that would have been approved.

For a plain-language walkthrough of every TAFDC rule that affects kinship caregivers, including income exemptions, grant amounts, and appeal rights, the Massachusetts Kinship Financial Help guide translates the regulations into step-by-step instructions.

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