Section 1240-01-19-.05 - MASS CHANGES - FOOD STAMPS ONLYCertain changes are initiated by the Department or Federal Government which may affect the entire caseload or significant portions of the caseload. These changes include annual adjustments to the net income eligibility standards and the shelter/dependent care deduction; semiannual adjustment to the Thrifty Food Plan and standard deductions; annual and seasonal adjustments to AFDC and other changes in the eligibility criteria based on legislative or regulatory actions.
(1) Federal Food Stamp Program Changes. These include federal adjustments to eligibility standards, allotments, and deductions. These adjustments shall go into effect for all households at a specific point in time. Semi-annual adjustments to the Thrifty Food Plan and the standard deduction shall be effective for all issuances in January and July. Annual adjustments to the shelter/dependent care deduction and the eligibility standards shall be effective for all July issuances.(2) Food Stamp Program Changes. (a) State annual adjustments and seasonal variations to the utility standard shall be effective for all issuances in the month specified by the state office. Although a Notice of Disposition (Form HS-0751) is not required, prior publicity of adjustments shall be made from the state office:1. Through the news media;2. By printing posters for certification offices, issuance locations or other sites frequented by certified households; or3. Notices will be included with all ATP cards and PA checks.(b) Households whose certification periods overlap a seasonal variation in the utility standard shall be advised at the time of initial certification when the adjustment will occur and what the variation in the benefit level will be, if known.(3) Mass Changes Resulting From Implementation Of The Food Stamp Act Of 1977. The worker shall send an individual Notice of Disposition (Form HS-0751) to each household that receives a reduction or termination in benefits during its certification period due to these regulations. The Notice of Disposition shall explain to the household that the change is the result of changes in federal law and that although the household has the right to request a fair hearing, benefits will be continued pending the fair hearing only if the household believes its eligibility or benefit level was computed incorrectly under the new law, or that the new law is being misapplied or misinterpreted.(4) Mass Changes In Federal Benefits. Households shall not be responsible for reporting changes in their federal benefits such as Social Security and SS1 payments. County offices shall treat cost-of-living increases and other mass changes in federal benefits, such as Social Security and SSI payments, as a mass change in accordance with procedures provided by the state office. If not handled as a mass change, individual Advance Notice of Disposition shall be required as described in 1240-1-19-.07.(5) Mass Changes In Public Assistance - Food Stamp Only. When the Department makes an overall adjustment to AFDC payments, corresponding adjustments in the household's Food Stamp benefit shall be handled as a mass change. When the county office has at least 30 days advance knowledge of the amount of the AFDC adjustment, the county office shall recompute Food Stamp benefits to be effective in the same month as the AFDC change. If the county office does not have sufficient notice, the Food Stamp change shall be effective not later than the month following the month in which the AFDC change was made. Form HS-0751 (Notice of Disposition) is not required when a household's Food Stamp benefits are reduced or terminated as a result of a mass change in the AFDC grant. However, a statement will be included with all ATP cards and AFDC checks giving individual notices to households to inform them of a change. If a household requests a fair hearing, benefits shall be continued at the former level only if the issue being appealed is that Food Stamp eligibility or benefits were improperly computed and not the fact that benefits are reduced because of the mass change.Tenn. Comp. R. & Regs. 1240-01-19-.05
Original rule filed August 15, 1980; effective September 29, 1980.Authority: T.C.A. §§ 14-8-106 and 14-8-111; 45 CFR 205.10.