16 Del. Admin. Code § 9000-9016

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

Section 9000-9016 - Authorized Representatives

[273.2(n)]

Representatives may be authorized to act on behalf of a household in the application process, in obtaining food stamp benefits, and in using food stamp benefits.

5 DE Reg. 894 (10/01/01)

9016.1 Application Processing and Reporting

Inform applicants that a nonhousehold member may be designated as the authorized representative for application processing purposes. The authorized representative may carry out household responsibilities during the certification period such as reporting changes in the household's income or other circumstances. Inform the household that the household will be held liable for any overissuances that results from erroneous information given by the authorized representative.

A nonhousehold member may be designated as an authorized representative for the application process provided that the person is an adult who is sufficiently aware of relevant household circumstances. The authorized representative designation must be made in writing by the head of the household, the spouse, or another responsible member of the household. DSSM 9016.4 contains more restrictions on who can be designated an authorized representative.

Residents of drug or alcohol treatment centers must apply and be certified through the use of authorized representatives in accordance with DSSM 9078.1.

Residents of group living arrangements have the option to apply and be certified through the use of authorized representatives in accordance with DSSM 9078.2.

9016.2 Obtaining Food Stamps Benefits

An authorized representative may be designated to obtain benefits. Encourage households to name an authorized representative for obtaining benefits in case of illness or other circumstances which might prevent the household from obtaining their benefits. The name of the authorized representative must be recorded in the household's case record and in DCIS.

The authorized representative for obtaining benefits may or may not be the same individual designated as an authorized representative for the application process or for meeting reporting requirements during the certification period.

When a household needs someone to obtain their food stamp benefits for a particular month, the household may designate an emergency authorized representative. The emergency authorized representative is designated to obtain the household's allotment when none of the persons specified on the ID card are available.

Form 105, Emergency Authorized Representative Designation Form, is used by the household to designate an emergency authorized representative. DSS will fill out and send the Emergency Authorized Representative Designation Form to the client when requested. Do not require households to come into the office to get the Emergency Authorized Representative Designation Form.

The designated emergency authorized representative must present the form that contains the signature of the household member on the ID card and the signature of the emergency authorized representative and the food stamp ID card to the food stamp issuance site. The form must be signed by both the household member and the designated emergency authorized representative before going to the issuance site. A separate written designation is required each time an emergency representative is authorized.

9 DE Reg. 799 (11/01/05)

9016.3 Using Benefits

A household may allow any household member or nonmember to use its ID card and benefits to purchase food or meals, if authorized, for the household. Drug or alcohol treatment centers and group living arrangements which act as authorized representatives for residents of the facilities must use food stamp benefits for food prepared and served to those residents participating in the Food Stamp Program, except when residents leave the facilities as provided in DSSM 9078.1.

9016.4 Restrictions on Designations of Authorized Representatives

DSS must restrict the use of authorized representatives for purposes of application processing and obtaining food stamp benefits as follows:

1. DSS employees who are involved in the certification and/or issuance processes and retailers that are authorized to accept food stamp benefits may not act as authorized representatives without the specific written approval of the Operations Administrator and only if the Operations Administrator determines that no one else is available to serve as an authorized representative.

2. Individuals disqualified for an intentional Program violation cannot act as authorized representatives during the period of disqualification unless the individual disqualified is the only adult member of the household able to act on its behalf and the agency has determined that no one else is available to serve as authorized representative. In this case it will be determined whether the authorized representative is needed to apply on behalf of the household, or to obtain benefits on behalf of the household.

3. Homeless meal providers may not act as authorized representatives for homeless food stamp recipients. A "homeless meal provider" is a public or private nonprofit establishment (e.g., soup kitchen, temporary shelter) approved by DHSS, that feeds homeless persons.

4. If DSS determines that an authorized representative has knowingly provided false information about household circumstances or has made improper use of food stamp benefits, it may disqualify that person from being an authorized representative for up to one year. DSS will send written notification to the affected household(s) and the authorized representative 30 days prior to the date of disqualification. The notification must specify the reason for the proposed action and the household's right to request a fair hearing. This provision is not applicable in the case of drug and alcohol treatment centers and those group homes that act as authorized representatives for their residents. However, drug and alcohol treatment centers and the heads of group living arrangements that act as authorized representatives for their residents, and which intentionally misrepresent households circumstances, may be prosecuted under applicable Federal and State statutes for their acts.

There is no limit on the number of households an authorized representative may represent.

In the event that employers, such as those that employ migrant or seasonal farmworkers, are designated as authorized representatives or if any one authorized representative has access to a large number of food stamp benefits, caution should be exercised to assure that the household has freely requested the assistance of the authorized representative, the household's circumstances are correctly represented, and the household is receiving the correct amount of benefits. DSS should make sure that the authorized representative is properly using the food stamp benefits.

Any suspected improper use should be reported to the Chief Social Service Administrator, Program Implementation Unit, who will in turn report the circumstances to FNS for investigation.

16 Del. Admin. Code § 9000-9016