Section 1240-01-14-.09 - APPLICATION PROCESS - FOOD STAMPS ONLYHouseholds found eligible after consideration of the non-financial criteria section 1240-1-3 should have their food stamp income compared to the monthly income eligibility standards for the appropriate household size to determine if the household is eligible based on financial criteria. Households which do not contain a member who is elderly or disabled (see definition of "elderly" and "disabled" in 1240-1-8-.01) are subject to a gross income limit of 130 percent of the Office of Management and Budget nonfarm poverty guideline. To determine this limit, nonexempt gross income shall be added together, and this sum shall be compared to the eligibility limit for the appropriate household size. If the monthly income exceeds the amount shown on Table I, section 1240-1-4-.27, the household is ineligible. If the monthly income is less than or equal to the gross income limit, normal procedures allowing deductions shall be followed. All households including households containing an elderly or disabled member (as defined in section 1240-1-8-.01) are subject to the net monthly income standards in Table II, section 1240-1-4-.27.
(1) Determining the Monthly Allotment - Food Stamps Only.(a) General. The household's monthly allotment shall be equal to the Thrifty Food Plan as defined in section 1240-1-4-.27 for the household's size reduced by 30 percent of the household's net monthly income as calculated in section 1240-1-4-.27. After multiplying the net income 30 percent, the result shall be rounded by using the appropriate rounding procedures prior to subtracting the amount from the Thrifty Food Plan.(2) Proration of Initial Month's Benefits. The amount of the household's benefits for the initial month of certification will be based on the day of the month it applies for benefits. The following procedures shall be used to determine the amount or initial benefits: (a) A household's benefit level for the initial month of certification will be based on the day of the month it applies for benefits. Using a 30-day calendar month, households shall receive benefits prorated from the day of application to the end of the month. A household applying on the 31st of a month will be treated as though it applied on the 30th of the month. The term certified for participation in the Food Stamp Program or the first month following any period which the household was not certified for participation. If the prorated initial month's benefits are computed to be less than $10.00, no benefits will be issued for the initial month.(3) If an application for recertification is submitted after the household's certification period has expired, that application shall be considered an initial application and benefits for that month will be prorated.(4) Eligible households which are entitled to no benefits shall be denied participation on the grounds that their net income exceeds the level below which benefits are issued. (a) For those eligible households which are entitled to no benefits in their initial month of application, but are entitled to benefits in subsequent months, the period of certification will begin with the month of application.(b) With an Unverified Deductible Expense. If a household is claiming actual utility expenses in excess of the State Agency's utility standard and the expense would actually result in a deduction, the expenses must be verified. If the actual utility expenses cannot be verified before the 30 days allowed to process the application expire, the State Agency shall use the standard utility allowance, provided the household is entitled to use the standard. If the household wishes to claim expenses for an unoccupied home, the worker shall verify the actual utility expenses for the unoccupied home in every case and shall not use the standard utility allowance.(c) Other Deductible Expenses. If a deductible expense must be verified and obtaining the verification may delay the Food Stamp certification, the worker shall advise the household that the eligibility and benefit level may be determined without providing a deduction for the claimed but unverified expense. Shelter costs would be computed without including the unverified components. The standard utility allowance shall be used if the household is entitled to claim it and has not verified higher actual costs. If the expense cannot be verified within 30 days of the date of application, the worker shall determine the eligibility and benefit level without providing a deduction for the unverified expense. If the household subsequently provides the missing verification, the worker shall redetermine the benefits and provide increased benefits, if any, in accordance with the timeliness standards. The household shall be entitled to the restoration of lost benefits as a resulting of the disallowance of the expense only if the expense could not be verified within the 30 days processing standard because the worker failed to allow the household sufficient time to verify the expense.Tenn. Comp. R. & Regs. 1240-01-14-.09
Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 10, 1981; effective January 25, 1982. Amendment filed March 28, 1983; effective April 27, 1983.Authority: T.C.A. §§ 14-8-106, 14-8-108, 14-27-104, and 14-27-105; PL 97-35; 7 CFR 273.2, 273.10(2).