218 R.I. Code R. 218-RICR-20-00-1.13

Current through September 22, 2024
Section 218-RICR-20-00-1.13 - Ongoing Case Management
1.13.1Changes
A. For reporting changes during a SNAP household's certification period, there are two (2) classifications:
1. Change Reporters: A household that is designated as a "change reporter" must report any change in circumstances, income, resources, and expenses which occur during their certification period within ten (10) days of the date the change becomes known to the household.
a. The following types of households are change reporters:
(1) Households with no earned income and in which all members are elderly or disabled (ESAP); or
(2) Households which include migrant and seasonal farmworkers.
b. The ten (10) day reporting period begins with the date the change becomes known to the household.
c. Changes may be reported in person, by telephone, or by mail, or by using the Change Report Form.
d. Change reporters must report the following changes within ten (10) days:
(1) A change in the source of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;
(2) A change in wage rate or salary, or change in full-time or part-time employment status (as determined by the employer).
(3) Changes in the amount of unearned income of more than one hundred twenty-five dollars ($125.00), except for a change in RI Works or GPA cash assistance;
(4) All changes in household composition, such as the addition or loss of a household member;
(5) Changes in residence and the resulting change in shelter costs;
(6) Acquisition of a licensed vehicle not excluded under § 1.5.5 of this Part;
(7) A change in liquid resources, such as cash, stocks, bonds and bank accounts that reach or exceed the resource limits as described in §§ 1.5.5(B)(1)(a) and (b) of this Part, unless these assets are excluded under §§ 1.5.5(D) and (G) of this Part.
(AA) RI Works/SNAP change reporting households must report changes in assets when they exceed the RI Works resource limit of five thousand dollars ($5,000.00).
(8) Changes in the legal obligation to pay child support.
(9) Whenever a member of the household wins substantial lottery or gambling winnings.
(AA) RI Works/SNAP change reporting households must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.
e. For households comprised entirely of migrant and seasonal farmworkers, the agency representative will send the household a Mid-Certification Reminder Letter on or about the fifteenth (15th) day of the twelfth (12th) month of its certification.
(1) The letter reminds the household of its responsibility to report any changes within ten (10) days.
f. All ESAP households are required to report changes within ten (10) days of the date the change becomes known to the household, (See § 1.13.1 of this Part).
2. Simplified Reporters: All other households are simplified reporters.
a. With the exception of the interim report and lottery/gambling winnings (see below), a simplified reporting household's sole reporting requirement is to report changes in income which bring the household's gross income in excess of the gross income eligibility standard for that size household by the tenth (10th) day of the month following the month in which the change occurred.
(1) If a household has an increase in its income, it must determine its total gross income at the end of the month. If the total gross income exceeds the household's SNAP gross income eligibility standard, the household must report the change no later than ten (10) days from the end of the calendar month in which the change occurred, provided that the household receives the payment with at least ten (10) days remaining in the month.
(AA) If there are not ten (10) days remaining in the month, the household must report within ten (10) days from receipt of the payment.
(2) Whenever a member of the household wins substantial lottery or gambling winnings.
(AA) Simplified reporting households must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.
(3) No other change reporting is required during the certification period.
b. A "simplified reporter" household must submit an Interim Report Form in its sixth (6th) month of certification.
B. Public Assistance (PA) Household Changes
1. Households are not required to report changes in the assistance payment grant.
a. Since the agency representative has prior knowledge of all changes in the assistance payment grant, action must be taken on this information.
2. PA households which report a change in circumstances to the PA worker are considered to have reported the change for SNAP purposes.
3. A household must be notified whenever its benefits are altered as a result of changes in the PA benefits.
a. Adequate time for the agency representative to send a notice of expiration and for the household to timely reapply must be allowed.
b. If the PA benefits are terminated but the household is still eligible for SNAP benefits, members of the household must be advised of SNAP work registration requirements, as appropriate.
4. Whenever a change results in the reduction or termination of the household's PA benefits within its SNAP certification period, and the agency representative has sufficient information to determine how the change affects the household's SNAP eligibility and benefit level, the agency representative takes the following actions:
a. If a change in household circumstances requires both a reduction or termination in the PA payment and a reduction or termination in SNAP benefits, the agency representative must issue a notice of adverse action for both the PA and SNAP actions.
(1) If the household requests a hearing within the period provided by the notice of adverse action, the household's SNAP benefits should be continued on the basis authorized immediately prior to sending the notice.
(AA) If the hearing is requested for both programs' benefits, the hearing is conducted according to PA procedures and timeliness standards.
(BB) However, the household must reapply for SNAP benefits if the SNAP certification period expires before the hearing process is completed.
(CC) If the household does not appeal, the change is made effective in accordance with the procedures specified in this Section.
b. If the household's SNAP benefits are increased as a result of the reduction or termination of PA benefits, the agency representative issues the PA notice of adverse action but does not take any action to increase the household's SNAP benefits until the household decides whether it will appeal the adverse PA action.
(1) If the household decides to appeal and its PA benefits are continued, the household's SNAP benefits may continue at the previous basis.
(2) If the household does not appeal, the agency representative makes the change effective in accordance with the procedures specified in this Part except that the time limits for the agency representative to act on changes which increase a household's benefits are calculated from the date the PA notice of adverse action period expires.
5. Whenever a change results in the termination of a household's PA benefits within its SNAP certification period, and the agency representative does not have sufficient information to determine how the change affects the household's SNAP eligibility and benefit level (such as when a non-custodial parent returns to a household, rendering the household ineligible for public assistance, and the agency representative does not have any information on the income of the new household member), the agency representative does not terminate the household's SNAP benefits but instead takes the following action:
a. If the situation requires a reduction or termination of PA benefits, the agency must issue a request for documentation at the same time it sends a PA notice of adverse action.
b. Before taking further action, the agency must wait until the household's PA notice of adverse action period expires or until the household requests a fair hearing, whichever occurs first.
c. If the household requests a fair hearing and elects to have its PA benefits continued pending the appeal, the agency must continue the household's SNAP benefits at the same level.
d. If the household decides not to request a fair hearing and continuation of its PA benefits, the agency must resume action on the changes.
e. If the situation does not require a PA notice of adverse action, the agency must issue a request for documentation.
(1) Depending on the household's response to the request for documentation, the agency must take appropriate action, if necessary, to close the household's case or adjust the household's benefit amount.
6. When a mass change to public assistance payments is made, corresponding adjustments in households' SNAP benefits are handled as a mass change.
a. When there is at least thirty (30) days advance knowledge of the amount of the public assistance adjustment, SNAP benefits must be recalculated to be effective in the same month as the public assistance change.
b. If there is not sufficient notice, the SNAP change must be effective not later than the month following the month in which the public assistance change was made.
c. A notice of adverse action is not required when a household's SNAP benefits are reduced or terminated as a result of a mass change in the public assistance grant.
(1) However, the agency sends individual notices to such households to inform them of the change.
(2) If a household requests a fair hearing, benefits are continued at the former level only if the issue being appealed is that SNAP eligibility or benefits were improperly computed.
C. Failure to Report Changes
1. If a household failed to report a required change and, as a result, received benefits to which it was not entitled, the agency representative refers a claim of over issuance against the household in accordance with § 1.17 of this Part.
2. Individuals are not terminated for failing to report a change, unless the individual is disqualified in accordance with the intentional program violation disqualification procedures specified in § 1.9 of this Part.
D. Action on Changes
1. The agency is required to take prompt action on all changes of which it becomes aware to determine if the change affects the household's eligibility or allotment.
a. Exception: during the certification period, the agency representative shall not act on changes in the medical expenses of households eligible for the medical expense deduction if the information comes from a source other than the household and which, in order to take action, require the worker to contact the household for verification.
b. The agency shall act on those changes that it learns about from a source other than the household if those changes are verified upon receipt and do not necessitate contact with the household.
c. Restoration of lost benefits is provided to any household if the agency representative fails to take action on a change which increases benefits within the specified time limits.
2. For changes which result in an increase in a household's benefits, the agency representative makes the changes effective no later than the first (1st) allotment issued ten (10) days after the date the change was reported.
a. However, in no event must these changes take effect any later than the month following the month in which the change is reported.
b. Therefore, if the change is reported after the twentieth (20th) of the month, and it is too late for the agency representative to adjust the following month's allotment, the agency representative must approve a supplement for the household to obtain the increase in benefits by the tenth (10th) day of the following month, or the household's normal issuance cycle in that month, whichever is later.
c. For changes which result in an increase in a household's benefits and do not require the issuance of a supplementary allotment as required in § 1.18 of this Part, the agency representative makes the change effective no later than with the first (1st) allotment issued ten (10) days after the date the change was reported to the agency.
3. If the household's benefit level decreases or the household becomes ineligible as a result of the change, the agency must issue a notice of adverse action within ten (10) days of the date the change was reported unless one (1) of the exemptions to the notice of adverse action in § 1.14(C) of this Part applies.
a. When a notice of adverse action is used, the decrease in the benefit level must be made effective no later than the allotment for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested.
b. When a notice of adverse action is not used because one (1) of the exemptions in § 1.14(C) of this Part applies, the decrease must be made effective no later than the month following the change. Required verification must be obtained prior to recertification.
4. When there is an overall adjustment, to public assistance payments, RI Works or GPA, corresponding adjustments in the household's SNAP benefits are handled as a mass change.
a. When the agency has at least thirty (30) days advance knowledge of the amount of the RI Works and/or GPA adjustment, the agency makes the change in benefits effective in the same month as the RI Works and/or GPA change.
b. If the agency does not have sufficient notice, the SNAP change is effective no later than the month following the month the RI Works and/or GPA change was made.
c. A notice of adverse action is not required when a household's SNAP benefits are reduced or terminated as a result of a mass change in the RI Works and/or GPA grant.
(1) However, an individual notice is sent to the household informing them of the change.
(2) If a household requests a hearing, benefits are continued at the former level only if the issue being appealed is that SNAP eligibility or benefits were improperly computed.
E. Unclear Information
1. The agency must pursue clarification and verification (if applicable) of household circumstances from which the agency cannot readily determine the effect on the household's continued eligibility for SNAP, or in certain cases, benefit amounts. The agency may receive such unclear information from a third (3rd) party.
a. Unclear information is information that is not verified but the agency needs additional information to act on the change such as electronic data matches that are not considered to be verified upon receipt.
2. The agency must pursue clarification and verification (if applicable) of household circumstances if unclear information is:
a. Fewer than sixty (60) days old relative to the current month of participation; and would, if accurate, have been required to be reported under § 1.13.1 of this Part based on the reporting system to which the household has been assigned; or
b. The information appears to present significantly conflicting information from that used by the agency at the time of certification.
3. The agency shall issue a written request for documentation that advised the household of the verification it must provide or the actions it must take to clarify its circumstances, which affords the household at least ten (10) days to respond.
a. If the household does not respond, or does respond but refuses to provide sufficient information to clarify its circumstances, the agency must issue a notice of adverse action as described in § 1.14 of this Part indicating that the case will close, and the household will need to submit a new application in order to continue participating in the program.
b. If the household responds to the request for documentation and provides sufficient information, the agency must act on the new circumstances.
c. If the unclear information does not meet the criteria in §§ 1.13.1(E)(1)(a) and 1.13.1(E)(2)(a) of this Part, then the agency shall not act on the information or require the household to provide information until the household's next certification action or interim report form is due.
4. Unclear information resulting from certain data matches:
a. If the agency receives match information from an electronic data source, that agency shall notify the household of the match results. The notice shall explain what information is needed from the household and the consequences for failing to respond to the notice.
b. For households subject to change reporting, if the household fails to respond to the notice of match results or does respond but refused to supply sufficient information to clarify its circumstances, the agency shall issue a notice of adverse action that closes the case.
c. For households not subject to change reporting, if the household fails to respond to the notice of match results or does not respond but refused to provide sufficient information to clarify its circumstances, the agency shall remove the subject individual and the individual's income from the household and adjust benefits accordingly.
1.13.2Interim Reporting
A. All SNAP households are subject to Interim reporting requirements, with the exception of the following households:
1. Households with no earnings and in which all members are elderly or disabled (ESAP households); and
2. Households which include migrant and seasonal farmworkers.
B. Household composition and financial circumstances at the time of application will be the basis of the SNAP benefit amount for the first (1st) half of the certification period unless the household reports a change during the certification period before the Interim Report period.
1. The household composition and financial circumstances reported on the Interim Report will be the basis of the SNAP benefit amount for the remainder of the certification period unless the household reports additional changes following the filing of the Interim Report.
2. In the fifth (5th) month of certification, households subject to interim reporting will receive an Interim Report Form in the mail.
3. Households must complete the form in its entirety and mail the form along with the required verifications back to the agency by the fifth (5th) day of the sixth (6th) month of certification.
a. A household that submits an Interim Report by the fifth (5th) day of the sixth (6th) month of the certification period is considered to have made timely report.
b. Failure to return the Interim Report Form will result in closure of SNAP benefits.
c. An application can be accepted in lieu of an Interim Report Form if it is received in the month the Interim Report is due, or the following month.
(1) If an application in lieu of an Interim Report is used to reinstate benefits, an interview is not required, and all verification Rules applicable to Interim Report processing instead of application processing apply.
4. If a household fails to return the Interim Report Form by the fifth (5th) day of the sixth (6th) month of the certification period, the agency must send a warning notice to the household.
a. The household will have ten (10) days from the mail date to return the Interim Report Form, along with all of the necessary verifications or the case will close by the end of the sixth (6th) month of the household's certification period.
5. An Interim Report form is incomplete if:
a. The case name, head of household, responsible household member or authorized representative has not signed the form;
b. The household fails to submit verification of changes in earned income, changes in unearned income, or residency; or
c. The household fails to provide information needed to determine eligibility or benefit level.
6. If an eligible household files a complete interim report after the case has been closed, but before the end of the report month (month in which the report is due), the agency shall reopen the case without requiring the household to file an application and shall approve benefits no later than ten (10) days after the household normally receives benefits.
7. If a household files a complete interim report after the end of the report month but before the end of the month following the month in which it was due, the agency shall reinstate assistance, and if otherwise eligible, approve benefits within thirty (30) days from the date the interim report is received.
8. In order to determine eligibility for the second (2nd) half of the household's certification period, the household must supply the following information:
a. Changes of more than one hundred twenty-five dollars ($125.00) in unearned income (excluding changes in public assistance or general assistance programs when jointly processed with SNAP cases);
b. Changes in the source of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;
c. Changes in wage rate or salary, or change in full-time or part-time employment status (as determined by the employer);
d. Changes in household composition;
e. Changes in residence and resulting changes in shelter costs;
f. Acquisition of a non-excluable vehicle;
g. Resources that reach or exceed three thousand dollars ($3,000.00), or four thousand five hundred dollars ($4,500.00), if a household includes a member who is age sixty (60) or over, or is disabled unless the household is categorically eligible as defined in § 1.5.1 of this Part; and
h. Changes in legally obligated child support payments;
i. Whenever a member of the household wins substantial lottery or gambling winnings.
(1) Any household, including non-elderly/disabled households, must report a cash prize won in a single game, before taxes or other amounts withheld, which is equal to or greater than the maximum allowable elderly and/or disabled resource limit as defined in § 1.5.5 of this Part.
9. If verification of changes in earned or unearned income is not provided, benefits shall be terminated.
a. If the household fails to provide sufficient information or verification regarding a deductible expense (dependent care, shelter, medical or child support expenses) the following applies:
(1) A notice requesting verification is issued and if the household does not respond within the ten (10) day timeframe with required documentation to support the change, the case continues to be processed.
(AA) If this occurs, the household must be notified that a deduction or deductions were not allowed since verification was not provided, and that benefits will be redetermined if the verification is subsequently provided.
(BB) If there is an existing verified deduction in the case record for the certification period under review, the agency uses such verified deduction in the calculation of benefits for reported increases that are not verified.
(CC) Reports of a decrease in a deductible expense can be changed without verification by the client.

218 R.I. Code R. 218-RICR-20-00-1.13

Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023
Amended effective 9/22/2024