16 Del. Admin. Code § 9000-9042
[273.2(j)]
Households applying for food stamps whose gross income is at or below 200 percent of the Federal poverty level are categorically eligible unless specifically excluded in DSSM 9042.2 or 9042.3. The household is categorically eligible because Delaware uses TANF funds to provide pregnancy prevention information. Reduction of out-of-wedlock pregnancies is the 3rd purpose of the TANF program.
The authorization to receive information and/or services for pregnancy prevention is included on all applications for food stamps as follows:
AUTHORIZATION FOR RECEIPT OF PREGNANCY PREVENTION INFORMATION
You are authorized to receive pregnancy prevention information. If you wish to receive this information you can call Planned Parenthood at 1-800-230-PLAN (7526). If you wish to get teen pregnancy prevention information, you may also call the Alliance for Adolescent Pregnancy Prevention at 1-800-499-WAIT (9248). You can also call the Delaware Helpline at 1-800-464-4357 for the Public Health Family Planning clinic in your area.
Conduct a single interview at initial certification for TANF/GA/RCA and food stamp purposes. A household's eligibility for food stamp out- of- office interview provisions in DSSM 9030 does not relieve the household of any responsibility for a face-to-face interview to be certified for TANF/GA/RCA.
For households applying for both TANF/GA/RCA and food stamps, follow the verification procedures described in DSSM 9032 for those factors of eligibility needed solely for purposes of determining the household's eligibility for food stamps. For those factors of eligibility needed to determine both TANF/GA/RCA and food stamp eligibility, use TANF/GA/RCA verification rules. Do not delay the household's food stamp benefits if, at the end of 30 days following the date the application was filed, DSS has sufficient verification to meet the requirements in DSSM 9032, but does not have sufficient verification to meet the TANF/GA/RCA verification rules.
To determine if a household will be eligible due to its status as a recipient TANF/GA/RCA/SSI household, temporarily postpone, within the 30- day processing standard, the food stamp eligibility determination if the household is not entitled to expedited service and appears to be categorically eligible. Postpone denying a potentially categorically eligible household until the 30th day in case the household is determined eligible to receive TANF/GA/RCA benefits.
Once the TANF/GA/RCA application is approved, consider the household categorically eligible if it meets all the criteria concerning categorical eligibility in DSSM 9042. If DSS can anticipate the amount and date of receipt of the initial TANF/GA/RCA payment, but the payment will not be received until a subsequent month, vary the household's food stamp benefit level according to the anticipated receipt of the payment and notify the household. Disregard portions of initial TANF/GA/RCA payments intended to retroactively cover a previous month as lump sum payments.
If the amount or date of receipt of the initial TANF/GA/RCA payment cannot be reasonably anticipated at the time of the food stamp eligibility determination, handle the TANF/GA/RCA payments as a change in circumstances and issue a notice through DCIS to explain the adverse action.
Ensure that the denied application of a potentially categorically eligible household is easily retrievable. For a household filing a joint application for food stamps and TANF/GA/RCA benefits or a household that has a TANF/GA/RCA application pending and is denied food stamps, but is later determined eligible to receive TANF/GA/RCA benefits and is otherwise categorically eligible, provide benefits using the original application and any other pertinent information occurring subsequent to that application. Except for residents of public institutions who apply jointly for SSI and food stamp benefits prior to their release from a public institution in accordance with DSSM 9015, pay benefits from the beginning of the period for which TANF/GA/RCA or SSI benefits are paid, the original food stamp application date, or December 23, 1985, whichever is later. Residents of public institutions who apply jointly for SSI and food stamp benefits prior to their release from the institution are to be paid benefits from the date of their release from the institution. Use any available information to update the application and/or make mail or phone contact with the household or authorized representative to determine any changes in circumstances. If any information obtained from the household differs from that which DSS obtained from available information or the household provided additional changes in information, arrange for the household or its authorized representative to initial all changes, re-sign, and date the updated application and provide necessary verification.
Any household determined TANF/GA/RCA eligible within the 30- day food stamp processing time will be provided benefits back to the date of the food stamp application. Do not pay food stamp benefits for a month in which such household is ineligible for receipt of any TANF/GA/ RCA benefits for the month, unless the household is eligible for food stamp benefits as an NPA case. Pro- rate benefits accordingly.
Households filing joint applications that are found categorically eligible after being denied NPA food stamps, should have their benefits pro- rated from the date TANF/GA/RCA benefits are payable, or the date of the original food stamp application, whichever is later. Re-evaluate the original application either at the household's request or when it becomes otherwise aware of the household's TANF/GA/RCA/SSI eligibility. (Notices of denial for NPA food stamps should inform the household to notify DSS of subsequent approval for SSI benefits.)
Households who file joint applications for food stamps and TANF/GA/RCA and whose TANF/GA/RCA applications are subsequently denied may have their food stamp eligibility determined or continued on the basis of the original application and any other documented information obtained subsequent to the application which is relevant to food stamp eligibility or level of benefits. If more than 30 days lapses between filing of the original joint application and the household's indication that they want to reapply, a new application will be required.
Do not require households whose TANF/GA/RCA applications are denied to file new food stamp applications. Their food stamp eligibility should be continued or determined on the basis of the original applications filed jointly for TANF/GA/RCA and food stamp purposes and any other documented information obtained subsequent to the application which may have been used in the TANF/GA/RCA determination and which is relevant to food stamp eligibility or level of benefits.
Any household in which all members receive or are authorized to receive TANF/GA/RCA and/or SSI benefits are considered eligible for food stamps because of their status as TANF/GA/ RCA and/or SSI recipients unless the entire household is institutionalized as defined in DSSM 9015 or disqualified for any reason from receiving food stamps. Residents of public institutions who apply jointly for SSI and food stamp benefits prior to their release from the institution in accordance with DSSM 9015 are not categorically eligible upon a finding by SSA of potential SSI eligibility prior to such release. Consider the individuals categorically eligible. At such time as a final SSI eligibility determination has been made and the individual has been released from the institution. The eligibility factors which are deemed for food stamp eligibility without the verification required in DSSM 9032 because of PA/SSI status are the resource, gross and net income limits, Social Security Number information, sponsored alien information and residency. If any of the following factors are questionable, verify that the household which is considered categorically eligible:
Contains only members that are TANF/GA/RCA or SSI recipients (as defined in DSSM 9042);
Meets the household definition in DSSM 9013.1;
Includes all persons who purchase and prepare food together in one food stamp household regardless of whether or not they are separate units for TANF/GA/RCA or SSI purposes; and
Includes no persons who have been disqualified.
Assume categorical eligibility at recertification in the absence of a timely redetermination. If a recertified household is subsequently terminated from TANF/GA/RCA benefits, follow the procedures in DSSM 9089 as appropriate.
Under no circumstances will any household be considered categorically eligible if any member of that household is disqualified for an intentional Program violation in accordance with DSSM 2023, 2024, 2026, and 2027.
These households are subject to all food stamp eligibility and benefit provisions and cannot be reinstated in the Program on the basis of categorical eligibility provisions.
Do not include any person as a member in any household which is otherwise categorically eligible if that person is:
An ineligible alien as defined in DSSM 9007;
Ineligible under the student provisions in DSSM 9010;
Ineligible under the fleeing felon or probation violator provisions in DSSM 2025;
Institutionalized in a non-exempt facility as defined is DSSM 9015; or
Ineligible because of failure to comply with a work requirement of DSSM 9018.
For the purposes of work registration, apply the exemptions in DSSM 9018.3 to individuals in categorically eligible households. Any such individual who is not exempt from work registration is subject to the other work requirements in DSSM 9018.1.
16 Del. Admin. Code § 9000-9042