If you cannot meet a welfare rule because of current or past domestic violence, you can ask for a "domestic violence waiver" of that rule. A "domestic violence waiver" will stop the rule from applying to you. You can get a domestic violence waiver of the welfare time limit, the work requirement, the family cap exclusion, school attendance rules, and other rules.
To get a domestic violence waiver, you need to show that applying the rule to you would:
- put you or your child at risk of more domestic violence;
- make it harder to escape domestic violence;
- make it harder to heal from domestic violence; or
- be harder on you than it would for someone who has not lived with domestic violence.
Example
Perhaps you can not meet the welfare work rules because you need to be in hiding to be safe or you need to go to court, counseling, or other medical appointments because of the violence. Perhaps you are suffering physical or emotional injuries or maybe you are just not ready to be off welfare because it took you time to heal, or go to school, or get ready to work. These are all reasons you can use to explain why you are asking for a waiver of the welfare work rules. You can also use them to explain why you need a waiver of the welfare time limit, or of the teen school attendance requirement.
You can apply for a waiver by filling in a form and gathering proof of the domestic violence and your situation. Proof can include a restraining order, police reports, medical records, or a signed statement by someone who knows your situation.
Each DTA office has a Domestic Violence Specialist who can help you get a "domestic violence waiver." You can ask to speak to a Domestic Violence Specialist and complete the form with her.
You do not have to fill out the form in the DTA office if you do not want to. You can bring it home. You can have someone help you.
If your request for a waiver is denied, you can appeal. Call your local legal services office for help.
Produced by Massachusetts Law Reform Institute Last updated June 2008