16 Del. Admin. Code § 9000-9076
Current through Register Vol. 28, No. 7, January 1, 2025
Section 9000-9076 - Treatment of Income and Resources of Certain Non-Household Members7 CFR 273.11(c)
During the period of time that a household member cannot participate for the reasons below, determine the eligibility and benefit level of any remaining household members in accordance with sections 9076.1 through 9076.4.
The household member cannot participate because he or she is:
| 2. | Disqualified for an intentional Program violation |
| 3. | Disqualified for or refusal to obtain or provide an SSN. |
| 4. | Ineligible for failing to sign the application attesting to his/her citizenship or alien status. |
| 5. | Ineligible because of having made a fraudulent statement or misrepresentation of his or her identity in order to receive multiple benefits at the same time per DSSM 2024. |
| 6. | Ineligible because of having made a fraudulent statement or misrepresentation about his or her place of residence in order to receive multiple benefits at the same time per DSSM 2024. |
| 7. | Ineligible for being a fleeing felon or probation/parole violator per DSSM 2025. |
| 8. | Ineligible for being convicted of trafficking food benefits of $500 or more per DSSM 2026. |
9. Ineligible due to work requirements per DSSM 9018.10. Ineligible due to the time limit for Able-bodied Adults without Dependents per DSSM 9018.2. 15 DE Reg. 1027 (01/01/12)
9076.1 Intentional Program Violation Fleeing Felon Disqualifications and Work Requirement Sanctions 7 CFR 273.11(c)
For households containing individuals determined ineligible because of the disqualifications or sanctions listed below, determine the eligibility and benefit level of any remaining household members as follows:
Disqualifications or Sanctions
| 1. | Disqualified for an intentional Program violation. |
| 2. | Ineligible because of having made a fraudulent statement or misrepresentation of his or her identity in order to receive multiple benefits at the same time. |
| 3. | Ineligible because of having made a fraudulent statement or misrepresentation about his or her place of residence in order to receive multiple benefits at the same time. |
| 4. | Ineligible for being a fleeing felon or probation/ parole violator. |
| 5. | Ineligible for being convicted of trafficking food benefits of $500 or more. |
Eligibility and Benefit Determination
| 1. | Income, resources and deductible expenses |
| 2. | Count all the income and resources of the ineligible household member(s) in the eligibility and benefit determination. |
| 3. | Apply all allowable earned income and deductions to the entire household. Include all deductions the ineligible household member would receive if he or she was included in the household size. Count the following deductions: |
| 9. | Eligibility and benefit level |
Do not include the ineligible member when determining the household's size when:
| A. | Assigning a benefit level to the household. |
B. Comparing the household's monthly income with the income eligibility standards.C. Comparing the household's resources with the resource eligibility limits. Ensure that no household's food benefit is increased as a result of the exclusion of one or more household members. 15DE Reg. 1027 (01/01/12)
9076.2 SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs Determine the eligibility and benefit level of remaining household members of a household containing individuals determined ineligible due to:
| · | disqualification for refusal to obtain or provide an SSN; |
| · | non-cooperation with the Division of Child Support Enforcement; or |
| · | meeting the time limit for able-bodied adults without dependents. |
1) Resources - The resources of such ineligible members continue to count in full to the remaining household members.2) Income - Count a prorata share of the income of such ineligible members as income to the remaining members. To get the prorated share, subtract the allowable income exclusions from the ineligible member's income, divide the amount by the household size, and use all the income except for the prorated share of the ineligible household member.3) Deductible expenses - Allow the earned income deduction for the prorated share of income used by the remaining household members. Divide the household's allowable child support payment, shelter (except any utility allowances), and dependent care expenses, which are either paid by or billed to the excluded members evenly among the household's members including the ineligible members. Allow all but the ineligible member's share as a deductible child support payment, shelter (except any utility allowances), or minor care expense for the remaining household members.4) Eligibility and benefit level - Ineligible members will not be included in determining their household's size when: a) Assigning a benefit level to the household;b) Comparing the household's monthly income with the income eligibility standards; orc) Comparing the household's resources with the resource eligibility limits. 11 DE Reg. 1243 (03/01/08)
9076.3 Ineligible Alien Determine as follows the eligibility and benefit level of remaining household members of a household containing individuals determined ineligible.
For being an ineligible alien.
1) Resources - The resources of such ineligible members continue to count in their entirety to the remaining household members.2) Income - Count a prorata share of the income of such members as income to the remaining members. This prorata share is calculated by first subtracting the allowable exclusions from the ineligible member's income and dividing the income evenly among the household members, including the ineligible members. All but the ineligible member's share is counted as income for the remaining household members.3) Deductible expenses - The earned income deduction applies to the prorated income earned by such ineligible members, which is attributed to their households. That portion of the household's allowable child support payment, shelter (excluding any utility allowances), and dependent care expenses which are either paid by or billed to the excluded members, will be divided evenly among the household's members including the ineligible members. All but the ineligible member's share is counted as a deductible child support payment, shelter (excluding any utility allowances), or dependent care expense for the remaining household members.4) Eligibility and benefit level - Such ineligible members will not be included when determining their household's size for the purposes of: a) Assigning a benefit level to the household;b) Comparing the household's monthly income with the income eligibility standards; orc) Comparing the household's resources with the resource eligibility limits.9076.4 Reduction or Termination of Benefits Within the Certification Period Whenever an individual is determined ineligible within the household's certification period, determine the eligibility or ineligibility of the remaining household members based, as much as possible, on information in the case file:
a) Excluded for Intentional Program Violation Disqualification - If a household's benefits are reduced or terminated within the certification period because one of its members was excluded because of disqualification for intentional Program violation, notify the remaining members of their eligibility and benefit level at the same time the excluded member is notified of his or her disqualification. The household is not entitled to a notice of adverse action, but may request a fair hearing to contest the reduction or termination of benefits, unless the household has already had a fair hearing on the amount of the claim as a result of a consolidation of the administrative disqualification hearing with the fair hearing.b) Disqualified or determined ineligible for reasons other than intentional Program violation - If a household's benefits are reduced or terminated within one certification period for reasons other than an intentional Program violation disqualification, issue a notice of adverse action in accordance with DSSM 9006, informing the household of the ineligibility, the reason for the ineligibility, the eligibility and benefit level of the remaining members and the action the household must take to end the ineligibility.16 Del. Admin. Code § 9000-9076