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HOUSE DOCKET, NO. 983 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 217
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul A. Schmid, III
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to income calculation of certain benefits.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul A. Schmid, III8th Bristol1/17/2023 1 of 2
HOUSE DOCKET, NO. 983 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 217
By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 217) of Paul
A. Schmid, III relative to income calculation for certain benefits paid for necessary work-related
travel expenses for certain persons with developmental or intellectual disabilities. Children,
Families and Persons with Disabilities.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to income calculation of certain benefits.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 123B Section 16 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by adding following 2 paragraphs: -
3 For the purposes of this section, the term “necessary work-related travel expenses” shall
4mean any expenses incurred for the purposes of commuting to work.
5 The department shall deduct certain necessary work-related travel expenses for persons
6with a developmental disability or an intellectual disability when calculating an individual’s
7income for the purposes of determining charges pursuant to this section. Necessary work-related
8travel expenses shall be deducted if:
9 (i) an individual uses a vehicle to travel to work and that vehicle requires structural or
10operational modifications that are directly related to the individual’s disability and critical to the
11individual’s operation or use of the vehicle. The department shall deduct the costs of the 2 of 2
12modifications and a mileage allowance at a rate determined by the Federal Highway
13Administration;
14 (ii) an individual uses driver assistance, taxicabs, or other hired vehicles to travel to work.
15The department shall deduct amounts paid for the hired vehicle service;
16 (iii) an individual uses public transportation to travel to work. The department shall
17deduct amounts paid for public transportation services; or
18 (iv) an individual is unable to use public transportation or a hired vehicle service to travel
19to work due to their disability and uses an unmodified vehicle to travel to work. The department
20shall request documentation from a physician or other source to verify that the need to drive is
21caused by the individual’s disability. If the department receives verification, the department shall
22deduct a mileage allowance at a rate determined by the Federal Highway Administration.
23 SECTION 2. Section 9A of chapter 118E of the General Laws, as so appearing, is hereby
24amended by adding the following paragraph:-
25 (17) For the purposes of determining financial eligibility for persons with a
26developmental disability or an intellectual disability, as defined in section 1 of chapter 123B, the
27division shall deduct certain necessary work-related travel expenses pursuant to section 16 of
28chapter 123B from the applicant’s income, if applicable.