16 Del. Admin. Code § 9000-9015

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9015 - Residents of Institutions

Individuals will be considered residents of an institution where the institution provides them with the majority of their meals (over 50% of three meals daily) as part of the institution's normal services.

Residents of institutions are not eligible for participation in the program with the following exceptions:

1. Residents of federally subsidized housing for the elderly. "Federally subsidized housing for the elderly" includes housing built under either Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act.

2. Narcotics addicts or alcoholics, and their children, who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center. Resident addicts or alcoholics, and their children, will be treated as one household for purposes of eligibility determination.

3. Blind or disabled individuals who are covered under the Food Stamp Act's definition of a disabled person in DSSM 9013, b through k, and who reside in properly certified public or private non-profit group living arrangements serving no more than 16 residents. Processing standards, verification requirements, lost benefit entitlement, and rights to fair hearings, and advance notice will apply to the households in (2) and (3) as they do to all other households. See DSSM 9078.

4. Women or women with their children temporarily residing in a shelter for battered women and children. Persons temporarily residing in shelters for battered women and children will be considered individual household units for the purposes of applying for and participating in the program. A shelter for battered women and children is a public or private non-profit residential facility that serves battered women and their children. If such a facility services other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and children.

5. Residents of public or private nonprofit shelters for homeless persons.

Residents of public institutions who apply for SSI prior to their release from an institution under the Social Security Administration's Pre-release Program for the Institutionalized [42 U.S.C. 1383(j)] can apply for food stamps at the same time they apply for SSI. Process these pre-release applicants in accordance with the provisions in DSSM 9028, 9039, 9042, 9043, 9061, and 9081, as appropriate.

16 Del. Admin. Code § 9000-9015