16 Del. Admin. Code § 9000-9078
Narcotics addicts or alcoholics who regularly participate in publicly operated or private non- profit drug or alcoholic treatment and rehabilitation programs on a resident basis may voluntarily apply for the Food Stamp Program.
Resident addicts and alcoholics and their children, will have their eligibility determined as one household. Certify residents of addictlcoholic treatment centers by using the same provisions that apply to all other applicant households except that certification must be accomplished through an authorized representative who is employed by the program.
Prior to certifying any residents, verify that the treatment center is authorized by FNS as a retailer if the center wishes to use food stamp benefits through a wholesaler, or, if it is not authorized by FNS as a retailer that it is under Part B of Title XIX of the Public Health Service Act (42 USC 300 X et seg.)
Each treatment and rehabilitation center must provide DSS with a list of current participating residents on a periodic basis. This list will include a statement signed by a responsible center official attesting to the validity of the list. The agency will conduct periodic random on-site visits to the center to assure the accuracy of the listings and that the agency's records are consistent and current.
Prior to certifying any residents for food stamps, verify that the treatment center is authorized by FNS as a retailer or is funded under part B of Title XIX of the Public Health Service Act.
The following provisions apply to residents of treatment centers:
9 DE Reg. 799 (11/01/05)
Disabled or blind residents of a group living arrangement who are covered under the Food Stamp Act's definition of a disabled person in DSSM 9013.1, (b through k) may voluntarily apply for the Food Stamp Program. The GLA must determine if a resident may apply on his or her own behalf based on the resident's physical and mental ability to handle his or her own affairs. Residents may apply through the use of the facility's authorized representative per DSSM 9016.1. Their eligibility will be determined as one-person households. Residents can apply on their own behalf or through an authorized representative of their choice. Certify these residents using the same provisions that apply to all other households.
Prior to certifying any residents for food stamps, verify that the group living arrangement is authorized by FNS or is certified by DHSS and that the center is a nonprofit organization.
Shelter and Medical Expenses for Group Home Residents
Room and medical costs which can be separately identified are allowable shelter and medical expenses. Normally the group home will identify the part of the payment that is being charged for separate costs.
If the amount the resident pays for room and meals is combined into one amount, the amount which exceeds the food stamp maximum allotment for a one-person household can be allowed as an identified shelter expense.
For example, a resident is charged $350 a month for room and meals. If the maximum food stamp allotment is $120 for a one-person household, then $120 is subtracted from the $350 monthly charge. The remainder $230 is allowed as the shelter cost.
If more than one resident applies as part of the same food stamp household, the food stamp maximum allotment amount for a one-person household would be deducted from the room and board payment for each person.
For example, two residents apply as one food stamp household. They each pay $350 a month for room and meals. If the maximum food stamp allotment for one-person household is $120, each resident has the $120 amount subtracted from the $350 payment. The remainder $230 for each person is used for the shelter costs, a $460 monthly room charge.
Some group homes charge a basic rate for room and board and they have higher rates depending on the amount of medical care that may be needed. In such instances, if a person is charged a higher rate, the basic rate minus the food stamp maximum allotment amount for a one-person household may be used to determine the shelter costs for that person, and the difference between the basic rate and the higher rate may be determined to be medical costs.
For example, a resident is charged a higher rate of $500 a month for room, meals and medical care. If the maximum food stamp allotment for one-person households is $120, the $120 is subtracted from the basic rate of $350 which leaves $230 for the shelter cost. The $350 basic rate is subtracted from the $500 higher rate to determine the medical costs of $150.
If the amount paid for medical and shelter costs cannot be separately identified, no deduction is allowed for the costs.
These procedures apply to residents making their own payments and to those instances where a protective payee is handling the payments but is using the resident's own funds.
Each group living arrangement shall provide DSS with a list of currently participating residents on a periodic basis. This list will include a statement signed by a responsible center official attesting to the validity of the list. DSS will conduct periodic random on-site visits to assure the accuracy of the list and that the Division's records are consistent and current.
Processing standards, processing of changes and recertifications and household rights are the same as in DSSM 9078.1 when the facility acts as the resident's authorized representative.
If the resident has made application on his/her own behalf, the household is responsible for reporting changes per DSSM 9085. If the group living arrangement is acting as authorized representative, the group living arrangement must notify DSS of all changes and must return any household's benefit which is received after the household has left the group living arrangement.
When the household leaves the facility, the group living arrangement either acting as an authorized representative or retaining use of the food stamp benefits on behalf of the residents will provide residents with their EBT card. The departing household will receive its full allotment if issued and if no food stamp benefits have been spent on behalf of that individual household. These procedures are applicable at any time during the month. If the food stamp benefits have already been issued and any portion spent on behalf of the individual, and the household leaves the facility prior to the 16th day of the month, the facility will provide the household with its EBT card and one-half of its monthly allotment. If the household leaves on or after the 16th of the month and the food stamp benefits have already been issued and used, the household does not receive any food stamp benefits. If a group of residents have been certified as one household and have returned the food stamp benefits to the facility to use, the departing residents will be given a prorata share of one-half of the household's allotment if leaving prior to the 16th of the month, and will be instructed to obtain EBT cards. Once the resident leaves, the group living arrangement no longer acts as his/her authorized representative.
The group living arrangement will, if possible, provide the household with a change report form and will advise the household to return the form to the appropriate DSS office within ten (10) days.
If a resident or a group of residents apply on their own behalf and if they retain use of their own food stamp benefits, they are entitled to keep the food stamp benefits when they leave. If a group of residents have applied as one household, a prorata share of the remaining food stamp benefits will be provided to any departing household members. The group living arrangement will, if possible, provide the household with a change report form and will advise the household to return the form to the appropriate DSS office within ten (10) days. The group living arrangement will return to DSS any food stamp benefits not provided to departing residents at the end of each month. These returned food stamp benefits will include those not provided to departing residents because they left on or after the 16th of the month or they left prior to the 16th and the facility was unable to provide them with food stamp benefits.
The same provisions applicable to drug and alcoholic treatment centers in DSSM 9078.1 regarding misrepresentation or fraud and overissuances and institutional disqualification also apply to group living arrangements when acting as an authorized representative. A resident applying on his/her own behalf will be responsible for overissuances as would any other household.
The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at or from a central location. If residents purchase and/or prepare food for home consumption, the group living arrangement will ensure that each resident's food stamps are used for meals intended for that resident. If the resident retains use of his/her own coupon allotment, coupons may be used either to purchase meals prepared by the facility or to purchase food to prepare meals for their own consumption.
16 Del. Admin. Code § 9000-9078