16 Del. Admin. Code § 9000-9043
Current through Register Vol. 28, No. 7, January 1, 2025
Section 9000-9043 - SSI Households[273.2(k)]
To facilitate their participation in the Program, households in which all members are applying for or receiving SSI may apply for food stamp benefits in Social Security Administration (SSA) offices if:
1. They are not presently participating in the Food Stamp Program;2. They have not applied for food stamps in the thirty (30) preceding days;3. They do not have pending food stamp applications. Households applying simultaneously for SSI and food stamps are subject to food stamp eligibility criteria. Base benefit levels solely on food stamp eligibility criteria until the household is considered categorically eligible. However, households in which all members are either TANF/GA/RCA or SSI recipients or authorized to receive TANF/GA/RCA or SSI benefits as defined in DSSM 9042 are food stamp eligible based on their TANF/GA/RCA/SSI status as provided for in that section. Households denied NPA food stamps that have an SSI application pending will be informed on the DCIS notice of denial of the possibility of categorical eligibility if they become SSI recipients.
9043.1 Initial Application and Eligibility Determination 1) Whenever a member of a household consisting only of SSI applicants or recipients transacts business at an SSA office, the SSA will inform the household of: a) Its right to apply for food stamps at the SSA office without going to the food stamp office; andb) Its right to apply at a food stamp office if it chooses to do so.2) The SSA will accept and complete food stamp applications received at the office from SSI households and forward them, within one working day after receipt of a signed application, to the designated DSS office, along with a transmittal form.3) SSA will complete joint SSI and food stamp applications for residents of public institutions in accordance with DSSM 9015.4) Except for applications taken in accordance with item (3), make an eligibility determination and issue food stamp benefits to eligible SSI households within 30 days following the date the application was received by SSA. Make an eligibility determination and issue food stamp benefits to a resident of a public institution who applies jointly for SSI and food stamps within 30 days following the date of the applicant's release from the institution. Expedited processing time standards for an applicant who has applied for food stamps and SSI prior to release also begin on the date of the applicant's release from the institution. SSA will notify DSS of the release date. If, for any reason, DSS is not notified on a timely basis of the applicant's release date, restore benefits in accordance with DSSM 9011 to such applicant back to the date of release. Applications will be considered filed for normal processing purposes when the signed application is received by SSA. Expedited processing time standards will begin on the date DSS receives a food stamp application.
Food Stamp applications and supporting documentation sent to an incorrect DSS office will be sent by DSS within one working day of receipt of the application, to the correct office.
Applications and accompanying information must be forwarded to the agreed upon address in accordance with the time standards contained in (2) above.
5) Households in which all members are applying for or participating in SSI will not be required to see a DSS worker, or otherwise be subjected to an additional State interview. The food stamp application will be processed by DSS. Do not contact the household further in order to obtain information for certification for food stamp benefits unless: a) The application is improperly completed;b) Mandatory verification required by DSSM 9032 is missing; orc) DSS determines that certain information on the application is questionable. In no event would the applicant be required to appear at the food stamp office to finalize the eligibility determination. Further contact made in accordance with this section will not constitute a second food stamp verification interview.
6) SSA will refer non-SSI households to the correct food stamp office. Process these applications in accordance with the procedures noted in DSSM 9027 and DSSM 9028 . Applications from such households will be considered filed on the date the signed application is taken at the correct DSS office, and the normal and expedited processing time standards will begin on that date.
7) SSA will prescreen all applications for entitlement to expedited services on the day the application is received at the SSA office and will mark "Expedited Processing" on the first page of all households' applications that appear to be entitled to such processing. SSA will inform households which appear to meet the criteria for expedited service that benefits may be issued a few days sooner if the household applies directly at the food stamp office.8) Prescreen all applications received from SSA for entitlement to expedited service on the day the application is received at the correct food stamp office. All SSI households entitled to expedited service will be certified in accordance with DSSM 9041 except that the expedited processing time standard will begin on the date the application is received at the correct DSS office.
9) Develop and implement a method to determine if members of SSI households whose applications are forwarded by SSA are already participating in the Food Stamp Program directly through DSS.10) If SSA takes an SSI application or redetermination on the telephone from a member of a pure SSI household, a food stamp application will also be completed during the telephone interview. In these cases, the food stamp application will be mailed to the claimant for signature for return to the SSA office or DSS office. SSA will then forward any food stamp applications it receives to DSS. Do not require the household to be interviewed again in the food stamp office. Do not contact the household further in order to obtain information for certification for food stamp benefits except in accordance with (5) above.
11) To SSI recipients redetermined for SSI by mail, SSA will send a stuffer informing them of their right to file a food stamp application at the SSA office (if they are members of a pure SSI household) or at their local food stamp office, and their right to an out-of-office food stamp interview to be performed by DSS if the household is unable to appoint an authorized representative.12) DSS will provide and SSA will distribute information to all jointly processed households. This material will inform the household of the following:
Address and telephone number of the household's correct food stamp office, the remaining actions to be taken in the application process, and a statement that a household should be notified of the food stamp determination within thirty (30) days and can contact DSS if it receives no notification within thirty days, or has other questions or problems. It will also include the client's rights and responsibilities (including fair hearings, authorized representatives, out-of-office interviews, reporting changes and timely reapplication), information on how to obtain food stamp benefits, and how to use food stamp benefits.
9043.2 Verification 1) Ensure that information required by DSSM 9032 is verified prior to certification for households initially applying. Households entitled to expedited services will be processed in accordance with DSSM 9041.2) Verify SSI benefit payments though the State Data Exchange (SDX), the Beneficiary Data Exchange (BENDEX) and/or through verification provided by the household. Information verified through SDX or BENDEX will not be reverified unless it is questionable. Households will be given the opportunity to provide verification from another source if all necessary information is not available on the SDX or the BENDEX, or if the SDX/BENDEX information is contradictory to other household information.
9043.3 Certification Period 1) Certify jointly processed households for up to twelve months, according to the standards in DSSM 9068.2) In cases jointly processed in which the SSI determination results in denial, and DSS believes that food stamp eligibility or benefit levels may be affected, send the household a notice of expiration advising that the certification period will expire the end of the month following the month in which the notice is sent and that it must reapply if it wishes to continue to participate. The notice will also explain that its certification period is expiring because of changes in circumstances which may affect food stamp eligibility or benefit levels and that the households may be entitled to an out-of-office interview, in accordance with DSSM 9030.
9043.4 Changes in Circumstances 1) Households will report changes in accordance with the requirements in DSSM 9085 . Process changes in accordance with the same section.2) Within ten (10) days of learning of the determination of the application for SSI through SDX, the household, or from any other source, take required action in accordance with DSSM 9085.3) Process adjustments to SSI cases resulting from mass changes, in accordance with provisions of DSSM 9086.9043.5 SSI Households Applying at the Food Stamp Office Allow SSI households to submit food stamp applications to DSS offices rather than through SSA if the household chooses.
In such cases, all verification, including that pertaining to SSI program benefits, will be provided by the household, by SDX or BENDEX, or obtained by the State agency rather than being provided by SSA.
9043.6 Restoration of Lost Benefits Restore to the household benefits which were lost whenever the loss was caused by an error by DSS or by SSA through joint processing.
Such an error will include, but not be limited to, the loss of an applicant's food stamp application after it had been filed with SSA. Lost benefits will be restored in accordance with DSSM 9011.
9043.7 Recertification Complete application process and approve or deny timely applications for recertification in accordance with DSSM 9091.
Jointly processed households which have received a food stamp notice of expiration and go to an SSA office for an SSI redetermination will be entitled to make a timely application for recertification at the SSA office. SSA will forward the completed application, transmittal form, and any available verification to the designated food stamp office.
A face-to-face interview will be waived if requested by a household consisting entirely of SSI participants unable to appoint an authorized representative. Provide SSI households with a notice of expiration in accordance with DSSM 9006, except that such notification will inform households consisting entirely of SSI recipients that they are entitled to a waiver of a face-to-face interview if the household is unable to appoint an authorized representative.
Such households will not be required to appear at a second office interview, although DSS may conduct an out-of-office interview, if necessary.
16 Del. Admin. Code § 9000-9043