Ala. Admin. Code r. 660-4-7-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-4-7-.04 - Determining Eligibility And Allotments For Simplified Reporting Households

(1) Determination of Eligibility and Benefit Levels. A household's eligibility shall be determined for the month of application by considering the household's circumstances for the entire calendar month of application.

(a) Households who are not in certification the month of application shall be the month in which the household filed its application.

(b) Households who are in certification and apply for recertification in the last month of their certification have their eligibility determined for the first month following the end of the certification period.

Applicant household consisting of residents of a public institution who apply jointly for SSI and food assistance prior to their release from the public institution will have their eligibility determined for the month in which the applicant household is released from the institution.

(2) Proration of Benefits. Benefits for an initial month of certification shall be prorated based on the day of the month the household applies through the end of the month. An initial month means the first month for which a household is certified for participation following at least one day's break in certification. Households who reapply in the month following the end of their certification period shall be entitled to a prorated allotment except for migrant and seasonal farm worker households.

Migrant and seasonal farm workers shall receive the full allotment for the month of application when the household has participated in the food assistance program within 30 days prior to the date of application. If the benefit amount for the prior month was $0 due to recoupment or other reasons, but the household was certified and eligible for the program, the household is considered to have participated.

Once a household moves from a project area in which it is currently certified, eligibility for the food assistance program terminates and must be reestablished by application in the new project area. A household currently certified in another state, who applies in Alabama and is entitled to expedited service, and for whom nonparticipation in the other state cannot be established within the expedited time frame, shall be allowed to sign a statement avowing that it did not and will not participate in the other state in the month of application.

The proration of benefits is automated. If proration results in an allotment of less than $10, no issuance shall be made for an initial or beginning month to any household, including one and two-person households and categorically eligible households.

(3) Application for Recertification: Eligibility for recertification for all households shall be determined based on circumstances anticipated for the certification period starting the month following the expiration of the current certification period. The level of benefits for recertification shall be based on the same anticipated circumstances.

If an application for recertification is submitted in the month after the household's certification period has expired, benefits for that month shall be prorated.

If a household submits an application for recertification prior to the end of its certification period but is found ineligible for the first month following the end of the certification period then the first month of any subsequent participation shall be considered an initial month. The same application shall be used in this situation (see C. below) and proration would not be applicable if the household were approved within the appropriate processing standard.

If a household submits an application for recertification prior to the end of its certification period and is found eligible for the first month following the end of the certification period, then that month shall not be an initial month.

(a) Timely Application for One or Two Month Certifications. Any household which receives the notice of expiration at the time of certification shall not be subject to proration for the first month of their new certification period if the deadline for filing an application for recertification falls after the end of their current certification period. However, such households found ineligible for the first month following the end of the certification shall have the first month of any subsequent participation considered an initial month.

(b) Verification Provided After the Certification Period. For all households for which the timeframe for providing verification falls after the end of the household's current certification period the household shall not be subject to proration for the first month following the end of its current certification period if it has provided the missing verification and is otherwise eligible.

(4) Determining Resources for Prospectively Budgeted Households: Available resources at the time the household is interviewed shall be used to determine the household's eligibility. Future resources for which the month and amount of anticipated receipt are known shall be used in determining the household's continued eligibility at the time of certification.

(5) Determining Income for Prospectively Budgeted Households:

(a) Anticipating Income: The county department shall take into account the income already received by the household during the certification period and any anticipated income the household and the county department are reasonably certain will be received during the remainder of the certification period. If the amount of income that will be received, or when it will be received, is uncertain, that portion of the household's income that is uncertain shall not be counted. For example, a household anticipating income from a new source, such as recently applied for public assistance benefits, may be uncertain as to the timing and amount of the initial payment. These moneys shall not be anticipated unless there is reasonable certainty concerning the month in which the payment will be received and in what amount. If the exact amount of the income is not known, that portion of it which can be anticipated with reasonable certainty shall be considered as income.

Income received during the past 30 days should be used as an indicator of the income that is and will be available to the household during the certification period. However, this income should not be used if changes have occurred or can be anticipated. Under no circumstances should the worker automatically attribute to the household amounts of any past income without discussion with the household.

If the household states the income in the past 30 days is representative of the normal fluctuations in income and the total monthly income is relatively stable (although the income may vary within the month) then it is appropriate to use this income to anticipate the income for the certification period. Use of a month's income to anticipate the monthly income to show in the food assistance budget does not constitute averaging, even if it involves the determination of income received more often than monthly which is then converted to monthly income using the appropriate conversion factor.

If income fluctuates to the extent that a 30-day period alone cannot provide an accurate indication of anticipated income, the worker and household may determine that a longer period of past time will more accurately represent the anticipated fluctuations in future income. If income fluctuates from month to month over a period of time, income averaging may be a more accurate method to use to determine the monthly income to budget. See Section 1002C for the policies concerning income averaging.

(b) Income Only in the Month Received: Income anticipated during the certification period shall be counted as income only in the month it is expected to be received, unless the income is averaged.

Nonrecurring lump-sum payments shall be counted as a resource starting in the month received and shall not be counted as income.

Wages held at the request of the employee shall be considered income to the household in the month the wages would otherwise have been paid by the employer. However, wages held by the employer, as a general practice, even if in violation of law, shall not be counted as income to the household unless the household anticipates that it will ask for and receive an advance, or that it will receive income from wages that were previously held by the employer as a general practice and that were, therefore, not previously counted as income.

Advances on wages shall count as income in the month received only if reasonably anticipated.

Income received monthly or semi-monthly (twice a month, not every two weeks) is counted in the month it is intended to cover rather than the month in which it is received when an extra check is received in one month because of changes in pay dates or mailing cycles for reasons such as weekends or holidays.

(c) Income Averaging: Income averaging is appropriate for any source of income that fluctuates from month to month so that anticipation based on recent past income cannot accurately reflect the appropriate income to show in the food assistance budget. Examples of income that may be averaged include fluctuating child support, FA income that fluctuates due to receipt of child support or wages, SSI that fluctuates due to wages or combinations of UCB and wages.

It is the worker's decision to use income averaging when fluctuations in income make anticipation inappropriate. Income averaging may not be used for destitute households, as averaging would result in assigning to the month of application income from future periods not available to the destitute household for its current food needs.

A minimum of two months of income must be used to determine an average. If two months of income does not accurately reflect the fluctuations in income, a longer period of time may be used to arrive at an average.

Income which has been averaged must be recalculated at recertification or at a report of changes that cause an increase in the allotment. At certification the household must be advised of the averaged amount of income budgeted, as this becomes the basis upon which changes in income must be reported.

Households which by contract or self-employment derive their annual income in a period of time shorter than one year shall have that income averaged over a 12-month period provided the income from the contract is not received on an hourly or piecework basis.

(6) Determining Deductions for Prospectively Budgeted Households:

(a) Disallowed Expenses: An expense covered by an excluded reimbursement or vendor payment, except an energy assistance vendor payment made under the Low-Income Home Energy Assistance Program (LIHEAP) shall not be deductible. For example the portion of rent covered by excluded vendor payments shall not be calculated as part of the household's shelter cost.

Utility expenses which are reimbursed or paid by an excluded payment, including HUD and FHA utility payments shall not be deductible. Households are entitled to use either the SUA or BUA (as appropriate) or actual costs in excess of the excluded payments.

That portion of an allowable medical expense which is not reimbursable shall be included as part of the household's medical expenses. Households entitled to the medical deduction shall have the non-reimbursable portion considered at the time the amount of reimbursement is received or can otherwise be verified.

Expenses shall only be deductible if the service is provided by someone outside of the household and the household makes a money payment for the service.

(b) Billed Expenses: A deduction shall be allowed only in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense.

1. A particular expense may only be deducted once in prospectively budgeted households. Amounts carried forward from past billing periods are not deductible, even if included with the most recent billing and paid by the household. For example, rent which is due each month shall be included in the household's shelter costs, even if the household has not yet paid the expense.

2. An on-going medical expense, such as prescription drugs or attendant care, is to be budgeted at the point it is reported and verified. A deduction cannot be given for any ongoing medical expense incurred in a prior billing period. When an ongoing medical expense is reported and verified the medical deduction will be recalculated to include this expense.

3. Medical expenses billed on a monthly basis because of contract or agreement shall have only the monthly payment bill budgeted as a medical deduction rather than averaging the entire non-reimbursed expense.

(7) Calculating Net Income and Benefit Level: The calculation of net income and benefit level is automated.

(8) Eligibility and Benefits: Households which contain elderly or disabled have their net income calculated and compared to the net monthly income eligibility standards for the appropriate household size to determine eligibility.

In addition to meeting the net income eligibility standards, households which do not contain an elderly or disabled member shall have their gross income, as calculated in Section 1004 A above, compared to the gross monthly income standards defined for the appropriate household size to determine eligibility for the month.

Except for initial months in which proration is a factor, and the provision precluding issuances of less than $10 in an initial month, the household's monthly allotment shall be equal to the Thrifty Food Plan for the household's size reduced by 30% of the household's net monthly income.

(9) Allotment of Less than $10 in an Initial Month: When the calculation of benefits for an initial month yields an allotment of less than $10 no benefits shall be issued to the household for the initial month.

Except during an initial month all eligible one and two-person households shall receive minimum monthly allotments equal to the minimum benefit.

Ala. Admin. Code r. 660-4-7-.04

Emergency adoption effective January 1, 1984. Permanent adoption effective March 12, 1984. Emergency repealer effective April 20, 1990. Emergency new rule effective April 20, 1990. Succedent permanent repealer effective July 11, 1990. Succedent permanent adoption effective July 11, 1990. Repealed: Filed November 1, 1995; effective December 6, 1995.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 11/23/2018.

Author: Amy Plunkett

Statutory Authority:7 C.F.R. 273.12.