Subtitle 03 FAMILY INVESTMENT ADMINISTRATION › Chapter 17 Food Supplement Program

.04 Ineligible Household Members. A. The local department: (1) May not include ineligible household members in the household: (a) When determining the household's size for assigning a benefit level to the household, or (b) For comparing the household's monthly income with the inc…

.05 Boarders. A. An individual required to be included in the household as described in Regulation .03C of this chapter is not considered a boarder. B. A boarder is an individual residing with others and paying them reasonable compensation for lodging and meals. C. Reasonable Com…

.06 Residents of Institutions. A. A resident of an institution may not participate in the Program, except for: (1) A resident of federally subsidized housing for the elderly; (2) A drug addict or alcoholic regularly participating in a drug or alcohol treatment and rehabilitation …

.07 Work Striker. A. A striker is an individual who participates in a strike or a concerted stoppage of work or interruption of operations by employees. B. If a household member is a striker, the household is ineligible for benefits unless the household was eligible for benefits:…

.08 Residency. A. The household shall provide: (1) The address of the household's dwelling; and (2) Verification that the household resides in the political subdivision served by the local department where the household is applying. B. A homeless applicant who is present in the l…

.09 Citizenship and Immigrant Status. A. An individual may not participate in the Program unless the individual is: (1) A United States citizen; (2) A United States non-citizen national as defined in Regulation .02B of this chapter; (3) A Native American born in Canada who posses…

.09-1 Immigrant Sponsored under an Affidavit of Support. A. When an immigrant is sponsored under an affidavit of support Form I-864 or I-864A in accordance with Immigration and Nationality Act §213A, the local department shall consider available to the household the monthly incom…

.10 Students. A. Except as specified in §D of this regulation, a student is ineligible to participate in the Program. B. A student is an individual who is: (1) 18 years old or older but younger than 50 years old; (2) Physically and mentally fit; and (3) Enrolled at least half tim…

.11 Social Security Number. A. To be eligible for the Program the household shall: (1) Provide a Social Security number for each member; or (2) Show documentary evidence that each member has applied for a number. B. The local department shall verify the number through the Social …

.12 Categorical Eligibility. A. A household is categorically eligible for Program benefits if all members of the household are receiving or are authorized to receive: (1) Cash benefits funded in full or in part with federal money under Title IV-A or with State money counted for m…

.13 Head of Household. The local department: A. May not impose special requirements on the household, such as requiring that the head of household rather than another responsible member of the household appear at the local department; and B. May designate the head of household if…

.14 Filing an Application for the Program. A. The household: (1) Shall file a Program application by submitting the form to the local department either in person, through an authorized representative, by fax, by mail, through SAIL, or by completing an on-line electronic applicati…

.15 Interview. A. The interview may take place: (1) When the applicant comes to the local department to request benefits; (2) When the local department representative visits the applicant’s residence if §C of this regulation applies; (3) When the local department representative m…

.16 Notices to Applicants. The local department shall provide applicants with one of the following written notices as soon as a determination is made, but not later than 30 days after the filing date: A. A notice of eligibility which shall include: (1) The benefit level and the c…

.17 Household Cooperation. A. Refusal to Cooperate. (1) The local department shall deny the application for refusal to cooperate if the household refuses to cooperate with the local department in completing the process described in Regulation .14 of this chapter. (2) To make a de…

.18 Delays in the Application Process. A. Notice of Pending Status. (1) The local department shall send a notice of pending status to the applicant if the: (a) Application is not complete; or (b) Local department does not make a decision on eligibility within 30 days after filing…

.19 Expedited Service. A. A household shall have expedited service if: (1) The household has less than $100 in liquid resources and less than $150 in gross monthly income; (2) The household's combined monthly gross income and liquid resources are less than the household's monthly…

.20 Verification. A. Verification is the use of third-party information or documentation to establish the accuracy of statements on the application. B. The local department shall assist the household to obtain the necessary verification. C. At initial application, and before cert…

.21 Work Requirements. A. An individual who is not exempt for a reason described in §B of this regulation is not eligible to participate if the individual: (1) Refuses, at the time of application and every 12 months after that, to be registered for work; (2) Refuses without good …

.22 Failure to Comply with Work Requirements. A. If the local department determines that an individual has refused or failed without good cause to comply with the work requirements or employment and training program requirements, the individual is ineligible to participate in the…

.23 Work Requirement for Able-Bodied Adults Without Dependents. A. Except as described in §§B(6) and (7) and G of this regulation, an individual may not participate in the Program as a member of a household if, during a 36-month period, the individual received Program benefits fo…

.24 Voluntary Quit and Reduction of Work Effort. A. Determining Voluntary Quit or Reduction of Work Effort. (1) The voluntary quit provision applies if: (a) The employment: (i) Involved 30 hours or more per week; or (ii) Provided weekly earnings at least equivalent to the federal…

.25 Resource Eligibility. A. A household may retain countable resources up to $2,000 except as described in §B of this regulation and Regulation .12 of this chapter. B. A household may retain countable resources up to $3,000 if the household includes a member who is: (1) 60 years…

.26 Included Resources. Countable resources include: A. Cash on hand; and B. Money in a checking or savings account. Cross References 07.03.17.09-1C(1) 07.03.17.20C(7) 07.03.17.27

.27 Excluded Resources. Resources are excluded except as described in Regulation .26 of this chapter.

.28 Vehicles. The local department may not include the value of a vehicle in calculating resource eligibility as described in Regulation .25 of this chapter.

.29 Transfer of Resources. A. At the time of application, the local department shall ask if any household member, or ineligible or disqualified individual whose resources are considered available to the household, transferred resources within the 3-month period immediately preced…

.30 Income. A. “Income” means all income from any source excluding only the income types specified in §D of this regulation. B. Earned income includes: (1) Wages, salaries, tips, and commissions; (2) Income from self-employment as described in Regulation .39 of this chapter; (3) …

.31 Educational Assistance. A. Educational assistance includes grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veterans' benefits, and other opportunities which are awarded to a household member enrolled: (1) At a recognized institut…

.32 Earned Income and Self-Employment Deductions. A. Earned Income Deduction. The local department: (1) Shall allow a deduction from income in the amount of 20 percent of any gross earned income; and (2) May not include in the calculation of the earned income deduction any earnin…

.33 Medical Expenses. A. Medical expenses are counted only for individuals who are elderly or disabled as defined in Regulation .02B of this chapter. Medical expenses include: (1) Medical and dental care by a licensed practitioner; (2) Hospitalization or outpatient treatment, inc…

.34 Dependent Care Expenses. The local department shall allow payments for the actual cost for the care of children or other dependents when necessary for a household member to: A. Seek, accept, or continue employment; B. Comply with the employment and training requirements as de…

.35 Child Support Deduction. A. A household member who has verification of having made legally obligated child support payments to or for an individual living outside the household is allowed a deduction. B. To be entitled to the deduction, the household member shall: (1) Have a …

.36 Homeless Shelter Allowance. A. The local department shall allow a deduction in the amount set forth in Schedule L in Regulation .45 of this chapter for a household which: (1) Is homeless; and (2) Incurs shelter costs. B. A household receiving the homeless shelter allowance ma…

.37 Shelter Costs. A. Shelter costs are limited to the following: (1) Continuing charges for the shelter occupied by the household, which include rent or mortgage, condominium fees, association fees, or other continuing charges leading to or resulting from the ownership of the sh…

.38 Utility Expenses. A. Utilities are limited to the expenses described in Regulation .37A(5) of this chapter. B. Utility Allowances. (1) Utility costs included in the utility allowances are listed in Regulation .37A(5) of this chapter. (2) Except as described in §§C and D of th…

.39 Self-Employment Income. A. Calculation. The local department shall: (1) Annualize self-employment income that represents a household's annual income even if the income is received within a short period of time or the household receives income from another source; (2) Calculat…

.40 Income and Resources of an Ineligible Household Member. A. The local department shall count the countable income and resources of an individual who resides with the household but has been excluded from the household because the individual is: (1) An ineligible immigrant as de…

.41 Failure to Comply with Another Assistance Program's Requirements. A. The local department may not increase a household's allotment during the period the household's benefits received under another means-tested federal, State, or local public assistance program have been reduc…

.42 Income Eligibility Standards. A. A household that includes an elderly or disabled member shall meet the net income eligibility standards for the Program in Schedule B of Regulation .45 of this chapter. B. A household that does not include an elderly or disabled member shall m…

.43 Calculation of Household Net Monthly Income. The local department shall compute net monthly income in the following manner: A. Compute gross monthly income; B. Subtract from the gross self-employment income the amount allowed by Regulation .39B and C of this chapter; C. Subtr…

.44 Calculation of the Allotment. A. The household's monthly allotment shall equal the thrifty food plan for the household's size reduced by 30 percent of the household's net monthly income as calculated in Regulation .43 of this chapter. B. Calculation. The local department shal…

.45 Schedules for Income and Deductions. Schedules for income and deductions effective October 1, 2009, as established or approved by the United States Department of Agriculture Food and Nutrition Service, are as follows: Household Size A. Gross MonthlyIncome (130% of poverty) B.…

.46 Certification Actions and Certification Period Length. A. Certification Period. (1) The local department shall: (a) Certify an eligible household for a definite period of time; and (b) Assign the longest certification period possible, based on the household's circumstances. (…

.47 Changes in Household Circumstances. A. Except as described in §C of this regulation, a household is required to report only when the household's total gross monthly income exceeds 130 percent of the federal poverty rate as described in Regulation .45, Schedule A, of this chap…

.48 Reporting Time Limits. A. Households shall report a required change not later than 10 days after the end of the calendar month in which the change occurred. B. The household shall report any change listed in Regulation .47 of this chapter that occurs after the interview but b…

.49 Local Department Action on Changes. A. When a household circumstance change is reported, the local department shall: (1) Document in the case file the change and the date the change is reported to the local department; (2) Act on the change as described in §§C—F of this regul…