13-005 Code Vt. R. 13-170-005-X
The SNAP program is designed to promote the general welfare and to safeguard the health and well being of the Nation's population by raising the levels of nutrition among low-income households. Section 2 of the Food Act of 2008 states, in part:
Congress hereby finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who will apply for participation.
"Access Device" means any card, plate, code, account number, or other means of access that can be used alone, or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under the Food and Nutrition Act of 2008, as amended.
"Active case" means a household which was certified prior to, or during, the sample month and issued SNAP benefits for the sample month.
"Active case error rate" means an estimate of the proportion of cases with an error in the determination of eligibility or basis of issuance. This estimate will be expressed as a percentage of the completed active quality control reviews excluding all results from cases processed by SSA personnel or participating in a demonstration project identified by FNS as having certification rules that are significantly different from standard requirements.
"Adequate notice" in a periodic reporting system such as monthly reporting or quarterly reporting means a written notice that includes a statement of the action the agency has taken or intends to take; the reason for the action; the household's right to request a fair hearing; the name of the person to contact for additional information; the availability of continued benefits; and the liability of the household for any over issuances received while awaiting a fair hearing if the hearing official's decision is adverse to the household. Depending on the timing of a State's system and the timeliness of report submission by participating households, such notice may be received prior to agency action, at the time reduced benefits are received, or, if benefits are terminated, at the time benefits would have been received if they had not been terminated. In all cases, however, participants will be allowed ten days from the mailing date of the notice to contest the agency action and to have benefits restored to their previous level. If the 10-day period ends on a weekend or a holiday and a request is received the day after the weekend or holiday, the State agency shall consider the request to be timely.
"Allotment" means the total value of benefits a household is authorized to receive during each month or other time period.
"Application form" means:
"Assessment" An in-depth evaluation of employability skills coupled with counseling on how and where to search for employment. If combined with work experience, employment search or training, an assessment of this nature could constitute part of an approvable employment and training component.
"Authorization to participate card (ATP)" means a document which is issued by the State agency to a certified household to show the allotment the household is authorized to receive on presentation of such document.
VERMONT NOTE : Vermont does not use an ATP.
"Base of Eligibles" Employment and training mandatory participants plus persons who volunteer for employment and training participation.
"Beginning month(s)" in a Monthly Reporting and Retrospective Budgeting system means either the first month for which the household is certified for SNAP benefits (where the State agency has adopted a one-month accounting system) or the first month for which the household is certified for SNAP benefits and the month thereafter (where the State agency has adopted a two-month accounting system). For a household which applies for Food Stamps at the same time that it applies for TANF and is eligible in both Programs, the State agency may extend the household an additional beginning month if necessary, to coincide with the household's AFDC budgeting system. Except for beginning months in sequence as described in the preceding sentences, a beginning month cannot be any month which immediately follows a month in which a household is certified. The month following the month of termination resulting from a one-month temporary change in household circumstances shall not be considered a beginning month.
VERMONT NOTE: Monthly Reporting is not applicable in Vermont.
"Budget month" in a Monthly Reporting and Retrospective Budgeting system means the fiscal or calendar month from which the State agency uses income and other circumstances of the household to calculate the household's SNAP allotment to be provided for the corresponding issuance month.
VERMONT NOTE: Monthly Reporting is not applicable in Vermont.
"Bulk storage point" means an office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has assigned responsibility for, the security and storage of food coupons.
"Communal dining facility" means a public or nonprofit private establishment, approved by FNS, which prepares and serves meals for elderly persons, or for supplemental security income (SSI) recipients, and their spouses, a public or private nonprofit establishment (eating or otherwise) that feeds elderly persons or SSI recipients, and their spouses, and federally subsidized housing for the elderly at which meals are prepared for and served to the residents. It also includes private establishments that contract with an appropriate State or local agency to offer meals at concessional prices to elderly persons or SSI recipients, and their spouses.
"Coupons" means any coupon, stamp, type of certificate, authorization card, cash or check issued in lieu of a coupon, or access device, including an electronic-benefit transfer card or personal identification number.
"Coupon issuer" means any office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has assigned responsibility for, the issuance of coupons to households.
"Department" means the U. S. Department of Agriculture.
"Drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private, nonprofit organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U. S. C. 300x et seq.). Under part B of title XIX of the Public Health Service Act is defined as meeting the criteria which would make it eligible to receive funds, even if it does not actually receive funding under part B of title XIX.
"Elderly or disabled member" means a member of a household who:
"Eligible foods" means
"Employment and Training Component (E&T)" A work experience, work training or job search program, as described in section 6(d)(B)(iv) of the Food and Nutrition Act of 2008 [7 U. S. C. 2014(2)(4)(B)] designed to help SNAP recipients move promptly into unsubsidized employment.
"Employment and Training Mandatory Participant (E&T)" A SNAP program applicant or participant who is required to work register under 7 U. S. C. 2014(d)(1) or (2) and who the State determines should not be exempted from participation in an employment and training program.
"Employment and Training Program (E&T)" A program operated by each State agency consisting of one or more work, training, education or job search components.
"Exempted" For purposes of 273.7 excluding paragraphs (a) and (b)--this term refers to a work-registered person or persons excused by the State, under the conditions in 273.7(f) from participation in an employment and training program.
"Expunged EBT benefits" means unused benefits that revert to the SNAP Program from the
EBT benefit account when they have not been accessed by a household for 270 days. A household loses its entitlement to expunged EBT food account benefits and they cannot be reactivated. Expunged EBT benefits are sometimes referred to as being "aged-off."
"Federal fiscal year" means a period of 12 calendar months beginning with each October 1 and ending with September 30 of the following calendar year.
"Firm's practice" means the usual manner in which personnel of a firm or store accept food coupons as shown by the actions of the personnel at the time of the investigation. "FNS" means the Food and Consumer Service of the U.S. Department of Agriculture.
"Food Stamp Act" means the Food Stamp Act of 1977 (Pub.L- 95-113), including any subsequent amendments thereto.
"General Assistance (GA)" means cash or another form of assistance, excluding in-kind assistance, financed by State or local funds as part of a program which provides assistance to cover living expenses or other basic needs intended to promote the health or well-being of recipients.
"Group living arrangement" means a public or private nonprofit residential setting that serves no more than sixteen residents that is certified by the appropriate agency or agencies of the State under regulations issued under Section 1616(e) of the Social Security Act or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under section 1616(e) of the Social Security Act. To be eligible for SNAP benefits, a resident of such a group living arrangement must be blind or disabled as defined in paragraphs 2 through 11 of the definition of "Elderly or disabled member" contained in this section.
"Homeless individual" means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:
"Homeless meal provider" means
" House-to-house trade route" means any retail food business operated from a truck, bus, pushcart, or other mobile vehicle.
"Identification (ID) Card" means a card which identifies the bearer as eligible to receive and use food coupons.
"Immigration and Naturalization Service (INS)" means the Immigration and Naturalization Service, U. S. Department of Justice.
"Insured financial institution" means a financial institution insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC).
"Insured financial institution" means a financial institution insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC).
"Issuance month" in a Monthly Reporting and Retrospective Budgeting system means the fiscal or calendar month for which the State agency shall issue a SNAP benefits. Issuance is based upon income and circumstances in the corresponding budget month. In prospective budgeting, the budget month and issuance month are the same. In retrospective budgeting, the issuance month follows the budget month and the issuance month shall begin within 32 days after the end of the budget month. (NOTE: Issuance month corresponds to payment month in TANF.)
"Meal delivery service" means a political subdivision, a private nonprofit organization, or a private establishment with which a State or local agency has contracted for the preparation and delivery of meals at concessional prices to elderly persons, and their spouses, and to the physically or mentally handicapped and persons otherwise disabled, and their spouses, such that they are unable to adequately prepare all of their meals.
"Medicaid" means medical assistance under title XIX of the Social Security Act as amended.
"Minimum benefit" means the minimum monthly amount of SNAP benefits that one- and two-person households receive.
"Newly Work Registered" SNAP participants work registered at the point of application.
"Nonprofit cooperative food purchasing venture" means any private nonprofit association of consumers whose members pool their resources to buy food.
"Offset year" means the calendar year during which offsets may be made to collect certain recipient claims from individuals' federal income tax refunds.
"Overissuance" means the amount by which SNAP benefits issued to a household exceeds the amount it was eligible to receive.
"Overpayment error rate" means the percentage of the value of all allotments issued in a fiscal year that are either:
"Payment error rate" means the sum of the point estimates of two component error rates: an overpayment error rate and an underpayment error rate. Each component error rate is the value- of SNAP benefits either overissued or underissued expressed as a percentage of all allotments issued to completed active sample cases, excluding those cases processed by SSA personnel or participating in certain demonstration projects designated by FNS.
"Placed in an Employment and Training Program (E&T)" A State agency may count a person as "placed" in an employment and training program when the individual commences a component or is sent a Notice of Adverse Action (NOAA) for noncompliance with a SNAP employment and training requirement. Persons who refuse to work register or who voluntarily quit a job and are sent a NOAA may not be considered "placed".
"Program" means the Supplemental Nutrition Assistance Program_conducted under the Food and Nutrition Act and regulations.
"Project area" means the county or similar political subdivision designated by a State as the administrative unit for program operations. Upon prior FNS approval, a city, Indian reservation, welfare district, or any other entity with clearly defined geographic boundaries, or any combination of such entities, may be designated as a project area, or a State as a whole may be designated as a single project area.
"Prospective budgeting" in a Monthly Reporting and Retrospective Budgeting system means the computation of a household's SNAP benefit for an issuance month based on an estimate of income and circumstances which will exist in that month.
"Public Assistance (PA)" means Supplemental Security Income/Aid to the Aged, Blind, or Disabled (SSI/AABD) combined benefits, the AABD state supplement to SSI, and Reach Up financial assistance.
"Qualified Alien" means an alien who, at the time of application or receipt of SNAP benefits, is one of the following:
"Quality control review" means a review of a statistically valid sample of active and negative cases to determine the extent to which households are receiving the SNAP benefits to which they are entitled, and to ensure that negative cases are not incorrectly denied or terminated.
"Record-for-issuance file" means a file which is created monthly from the master issuance file, which shows the amount of benefits each eligible household is to receive for the issuance month, and the amount actually issued to the household.
"Regulations" means the provisions of this subchapter. Regulatory citations refer to provisions of the subchapter unless otherwise specified.
"Reservation" means the geographically defined area or areas over which an ITO exercises governmental jurisdiction so long as such area or areas are legally recognized by the Federal or a State government as being set aside for the use of Indians.
"Retail food store" means
"Retrospective budgeting" in a Monthly Reporting and Retrospective Budgeting system means the computation of a household's SNAP benefits for an issuance month based on actual income and circumstances which existed in a previous month, the "budget month".
VERMONT NOTE: Monthly Reporting is not applicable in Vermont.
"Review date" for quality control active cases means a day within the sample month, either the first day of the calendar or fiscal month or the day the household was certified, whichever is later. The "review date" for negative cases is the date of the agency's decision to deny or terminate program benefits. For no case is the "review date" the day the QC review is conducted.
"Review period" means the 12-month period from October 1 of each calendar year through September 30 of the following calendar year.
"Sample frame" means a list of all units from which a sample is actually selected.
"Sample month" means the month of the sample frame from which a case is selected (e.g., for all cases selected from a frame consisting of households participating in January, the sample month is January).
"Screening" means an evaluation by the eligibility worker as to whether a person should or should not be referred for participation in an employment and training program. This activity would not be considered an approvable E & T component.
"Secretary" means the Secretary of the U. S. Department of Agriculture.
"Shelter for battered women and children" means a public or private nonprofit residential facility that serves battered women and their children. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and children.
"Spouse" refers to either of two individuals:
"Supplemental Nutrition Assistance Program (SNAP)" means the food program conducted under the Food and Nutrition Act of 2008.
VERMONT NOTE: In Vermont, this is known as the Three Squares Vermont (3SVT) and formerly known as the Food Stamp Program.
"SSA processed/demonstration case" means a case that is participating or has been denied based upon processing by SSA personnel or is participating or has been denied/terminated based upon the rules of a demonstration project with significantly different certification rules (as identified by FNS).
"Stale EBT benefits" means unused benefits that have become inactive because a SNAP household has not used any benefits from the EBT benefit account for a 90-day period. A household retains its entitlement to stale benefits, sometimes referred to as "aged" benefits, and may have the benefits reactivated at any time within 180 days of becoming stale. After 180 days, stale EBT food benefits are expunged from the EBT account and cannot be reactivated.
"Staple food" means those food items intended for home preparation and consumption, which include meat, poultry, fish, bread and breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products. Accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices are not staple foods for the purpose of qualifying a firm to participate in the program as a retail store or as a wholesale food concern.
"State" means any one of the 50 States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservation of an Indian tribe whose ITO meets the requirements of the SNAP Act for participation as a State agency.
"State agency" means the agency of the State government, including the local offices thereof, which has the responsibility for the administration of the federally aided' public assistance programs within the State and in those States where such assistance programs are operated on a decentralized basis, it includes the counterpart local agencies which administer such assistance programs for the State agency.
VERMONT NOTE: The state agency is the Division of Economic Services.
"State Income and Eligibility Verification System (IEVS)" means a system of information acquisition and exchange for purposes of income and eligibility verification which meets the requirements of Section 1137 of the Social Security Act, generally referred to as the IEVS.
"State Wage Information Collection Agency (SWICA)" means the State agency administering the State unemployment compensation law, another agency administering a quarterly wage reporting system, or a State agency administering an alternative system which has been determined by the Secretary of Labor, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, to be as effective and timely in providing employment related income and eligibility data as the two just mentioned agencies.
"Shelter for battered women and children" means a public or private nonprofit residential facility that serves battered women and their children. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and children.
"Spouse" refers to either of two individuals:
"Supplemental Nutrition Assistance Program (SNAP)" means the food program conducted under the Food and Nutrition Act of 2008.
VERMONT NOTE: In Vermont, this is known as the Three Squares Vermont (3SVT) and formerly known as the Food Stamp Program.
"SSA processed/demonstration case" means a case that is participating or has been denied based upon processing by SSA personnel or is participating or has been denied/terminated based upon the rules of a demonstration project with significantly different certification rules (as identified by FNS).
"Stale EBT benefits" means unused benefits that have become inactive because a SNAP household has not used any benefits from the EBT benefit account for a 90-day period. A household retains its entitlement to stale benefits, sometimes referred to as "aged" benefits, and may have the benefits reactivated at any time within 180 days of becoming stale. After 180 days, stale EBT food benefits are expunged from the EBT account and cannot be reactivated.
"Staple food" means those food items intended for home preparation and consumption, which include meat, poultry, fish, bread and breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products. Accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices are not staple foods for the purpose of qualifying a firm to participate in the program as a retail store or as a wholesale food concern.
"State"means any one of the 50 States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservation of an Indian tribe whose ITO meets the requirements of the SNAP Act for participation as a State agency.
"State agency" means the agency of the State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within the State and in those States where such assistance programs are operated on a decentralized basis; it includes the counterpart local agencies which administer such assistance programs for the State agency.
VERMONT NOTE: The State agency is the Economic Services Division,
"State Income and Eligibility Verification System (IEVS)" means a system of information acquisition and exchange for purposes of income and eligibility verification which meets the requirements of Section 1137 of the Social Security Act, generally referred to as the IEVS.
"State Wage Information Collection Agency (SWICA)" means the State agency administering the State unemployment compensation law, another agency administering a quarterly wage reporting system, or a State agency administering an alternative system which has been determined by the Secretary of Labor, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, to be as effective and timely in providing employment related income and eligibility data as the two just mentioned agencies.
"Sub-units" means the physical location of an organizational entity within a project area/management unit involved in the operation of SNAP, excluding Post Offices.
"Supplemental Security Income (SSI)" means monthly cash payments made under the authority of:
"Systematic Alien Verification for Entitlements (SAVE)" means the INS program whereby State agencies may verify the validity of documents provided by aliens applying for SNAP benefits by obtaining information from a central data file.
"Thrifty Food Plan" means the diet required to feed a family of four persons consisting of a man and a woman 20 through 50, a child 6 through 8, and a child 9 through 11 years of age, determined in accordance with the Secretary's calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition. In order to develop maximum SNAP allotments, the Secretary shall make household size and other adjustments in the Thrifty Food Plan taking into account economies of scale and other adjustments as required by law.
"Trafficking" means:
"Underissuance" means the amount by which the allotment to which the household was entitled exceeds the allotment which the household received.
"Underissuance error rate" (See Underpayment error rate.)
"Underpayment error rate" means the ratio of the value of allotments underissued to recipient households to the total value of allotments issued in a fiscal year by a State agency.
"Universe" means all units for which information is desired.
"Variance" means the incorrect application of policy and/or a deviation between the information that was used to authorize the sample month issuance and the verified information that should have been used to calculate the sample month issuance.
VERMONT NOTE:
-- "Cash-Out" means the SSI/Elderly Cash-Out Demonstration Project. Vermont was a test site for this one-year project. Legislation has provided for continuance.
-- "Cash-Out Household" means a SNAP household in which all members are either in receipt of SSI/AABD or 65 years old or older.
"Wholesale food concern" means an establishment which sells eligible food to retail food stores or to meal services for resale to households. Section 271.7 Allotment Reduction Procedures.
This section sets forth the procedures to be followed if the monthly Food Stamp allotments determined in accordance with the provisions of § 273.10 must be reduced, suspended or cancelled to comply with Section 18 of the Food Stamp Act of 1977, as amended. The best available data pertaining to the number of people participating in the program and the amounts of benefits being issued shall be used in deciding whether such action is necessary.
Action to comply with Section 18 of the Food Stamp Act of 1977, as amended, may be a suspension or cancellation of allotments for one or more months, a reduction in allotment levels for one or more months or a combination of these three actions. If a reduction in allotments is deemed necessary, allotments shall be reduced by reducing Thrifty Food Plan amounts for each household size by the same percentage. This results in all households of a given size having their benefits reduced by the same dollar amount. The dollar reduction would be smallest for one-person households and greatest for the largest households. Since the dollar amount would be the same for all households of the same size, the rate of reduction would be lowest for zero net income households and greatest for the highest net income households. All one and two-person households affected by a reduction action shall be guaranteed a minimum benefit unless the action is a cancellation of benefits, a suspension of benefits, or a reduction of benefits of 90 percent or more of the total amount of benefits projected to be issued in the affected month.
If a reduction in allotments is deemed necessary, the Thrifty Food Plan amounts for all household sizes shall be reduced by a percentage specified by FNS. For example, if it is determined that a 25 percent reduction in the Thrifty Food Plan amount is to be made, the reduction for all four-person households would be calculated as follows: The Thrifty Food Plan amount for a four-person household ($ 209 in November 1980) would be reduced by 25% to $ 157. Then 30 percent of the household's net Food Stamp income would be deducted from the reduced Thrifty Food Plan Amount. For example, 30 percent of a net Food Stamp income of $ 200, $ 60, would be deducted from the reduced Thrifty Food Plan Amount ($ 157), resulting in a reduced allotment of $ 97.
Whenever a reduction of allotments is ordered for a particular month, reduced benefits shall be calculated for all households for the designated month. However, any household with one or two members whose reduced benefits would be less than $ 10 shall receive a minimum benefit except as provided in 273.10e2. Allotments or portions of allotments representing restored or retroactive benefits for a prior unaffected month would not be reduced, suspended or cancelled, even though they are issued during an affected month.
Reductions, suspensions and cancellations of allotments shall be considered to be Federal adjustments to allotments. As such, State agencies shall notify households of reductions, suspensions and cancellations of allotments in accordance with the notice provisions of § 273.12(c)(1), except that State agencies shall not provide notices of adverse action to households affected by reductions, suspensions, or cancellations of allotments.
Households whose allotments are reduced or cancelled as a result of the enactment of these procedures are not entitled to the restoration of the lost benefits at a future date. However, if there is a surplus of funds as a result of the reduction or cancellation, FNS shall direct State agencies to provide affected households with restored benefits unless the Secretary determines that the amount of surplus funds is too small to make this practicable. The procedures implemented by State agencies for reducing and cancelling benefits shall be designed so that in the event FNS directs the restoration of benefits, such benefits are issued promptly.
Any household that has its allotment reduced, suspended or cancelled as a result of an order issued by FNS in accordance with these rules may request a fair hearing if it disagrees with the action, subject to the following conditions. State agencies shall not be required to hold fair hearings unless the request for a fair hearing is based on the household's belief that its benefit level was computed incorrectly under these rules or that the rules were misapplied or misinterpreted. State agencies shall be allowed to deny fair hearings to those households who are merely disputing the fact that a reduction, suspension or cancellation was ordered. Furthermore, since the reduction, suspension or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by Congress, households do not have a right to a continuation of benefits pending the fair hearing. A household may receive retroactive benefits in an appropriate amount if it is determined that its benefits were reduced by more than the amount by which the State agency was directed to reduce benefits.
State agencies must have issuance services available to serve households receiving restored or retroactive benefits for a prior, unaffected month.
Notwithstanding any other provision of this subchapter, FNS may take one or more of the following actions against a State agency that fails to comply with a directive to reduce, suspend or cancel allotments in a particular month.
A household is composed of one of the following individuals or groups of individuals provided they are not residents of an institution (except as otherwise specified in paragraph (e) of this section), are not residents of a commercial boarding house, or are not boarders (except as otherwise specified in paragraph (c) of this section):
VERMONT - In Vermont, the Department of Health inspects boarding houses but there is no licensing. Profit making intent would have to be determined by the amount boarders pay, statements by the applicant and boarding house owner, and finally by tax records.
The State agency shall provide written notice to all households at the time of application and as otherwise appropriate that specifies the household's right to select its head of household in accordance with this paragraph. The written notice shall identify which households have the option to select their head of household, the circumstances under which a household may change its designation of head of household, and how such changes must be reported to the State agency.
If all adult household members do not agree to the selection or decline to select an adult parent as the head of household, the State agency may designate the head of household or permit the household to make another selection. In no event shall the household's failure to select an adult parent of children or an adult who has parental control over children as the head of household delay the certification or result in the denial of benefits of an otherwise eligible household.
For households that do not consist of adult parents and children or adults who have parental control of children living in the household, the State agency shall designate the head of household or permit the household to do so.
The head of household, spouse, or any other responsible member of the household may designate an authorized representative to act on behalf of the household in making application for the program, in obtaining benefits, and/or in using benefits at authorized retail food firms and meal services. Rules pertaining to the use of authorized representatives to obtain household benefits or to use household benefits are in 274.5. Rules pertaining to designating authorized representatives to apply for the program are specified in this section.
When the head of the household or the spouse cannot make application, another household member may apply or an adult nonhousehold member may be designated as the authorized representative for that purpose. The head of household or the spouse should prepare or review the application whenever possible, even though another household member or the authorized representative will actually be interviewed. In conjunction with those provisions, another household member, or the household's authorized representative, may complete work registration forms for those household members required to register for work. The State agency shall inform the household that the household will be held liable for any overissuance which results from erroneous information given by the authorized representative, except as provided in 273.11(e) and 273.16(a). Adults who are nonhousehold members may be designated as authorized representatives for certification purposes only under the following conditions:
VERMONT - Authorized representatives will act in the same capacity in Cash-Out as in the rest of the program.
Narcotic addicts or alcoholics who regularly participate in a drug or alcoholic treatment program (as defined in 271.2) and their children who live with them on a resident basis and disabled or blind residents of group living arrangements (as defined in 271.2) who receive benefits under Title II or Title XVI of the Social Security Act may elect to participate in the Food Stamp Program.
VERMONT - Treatment centers shall receive the Food Stamp allotment for Cash-Out households.
VERMONT - Financial assistance protective payees, including CVP, are hereby specifically approved by the Commissioner's signature in adoption of this policy.
The application process includes filing and completing an application form being interviewed, and having certain information verified. The State agency shall act promptly on all applications and provide Food Stamp benefits retroactive to the month of application to those households that have completed the application process and have been determined eligible. Expedited service shall be available to households in immediate need. Specific responsibilities of households and State agencies in the application process are detailed below.
All applicants for Food Stamp benefits shall be notified at the time of application and at each recertification through a written statement on or provided with the application form that information available through the State income and eligibility verification (IEVS) will be requested, used and may be verified through collateral contact when discrepancies are found by the State agency, and that such information may affect the household's eligibility and level of benefits. All applicants shall also be notified on the application form that the alien status of any household member may be subject to verification by INS through the submission of information from the application to INS, and that the submitted information received from INS may affect the household's eligibility and level of benefits.
All State agencies shall use an application form designated by FNS. FNS may approve a deviation (design/contents) from that form to accommodate the use of a multi-program application form, the requirements of a computer system (including the use of on-line applications), or other exigencies for which the State agency can submit adequate justification, provided the form is brief, understandable to applicants, easy to use, and, for multi-program applications, clear enough to afford applicants the option of answering only those questions relevant to the program or programs for which they are applying. State agencies may request assistance from FNS in the development of a brief, simply-written and readable application, including application forms which cover the Food Stamp Program and the Aid to Needy Families with Dependent Children Program or the Medicaid Program.
The department shall provide all households applying and being recertified for food stamp benefits with notice of the following information.
The requirement to provide a SSN to receive benefits may be waived for individuals who are members of a religious organization that objects to furnishing a SSN.
Households must file Food Stamp applications by submitting the forms to the Food Stamp Office either in person, through an authorized representative or by mail. The length of time a State agency has to deliver benefits is calculated from the date the application is filed in, the Food Stamp Office designated by the State agency to accept the household's application, except when a resident of a public institution is jointly applying for SSI and Food Stamps prior to his/her release from an institution in accordance with 273.1(e)(2). Residents of public institutions who apply for SNAP benefits prior to their release from the institution shall be certified in accordance with 273.2(g)(1) or 273.2(i)(3)(i), as appropriate. Each household has the right to file an application form on the same day it contacts the SNAP Office during office hours. The household shall be advised that it does not have to be interviewed before filing the application and may file an incomplete application form as long as the form contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative. State agencies shall document the date and application was filed by recording on the application the date it was received by the SNAP Office. When a resident of an institution is jointly applying for SSI and SNAP benefits prior to leaving the institution, the filing date of the application to be recorded by the State Agency on the SNAP application is the date of release of the applicant from the institution.
VERMONT NOTE: Time calculations and dating shall be from date received by a District Office or by the Application Document Processing Center.
VERMONT NOTE: SSI-only households may also apply at the Social Security Office. Time calculations and dating shall be from the date received at Social Security.
The State Agency shall make application forms readily accessible to potentially eligible households.
The State Agency shall also provide an application form to anyone who requests the form.
VERMONT NOTE: Applications will be made readily available to those groups and organizations involved in outreach efforts.
The State agency shall post signs in the certification office which explain the application processing standards and the right to file an application on the day of initial contact. The State agency shall include similar information about same day filing on the application form.
The State agency shall provide each household at the time of application for certification and recertification with a notice that informs the household of the verification requirements the household must meet as part of the application process. The notice shall also inform the household of the State agency's responsibility to assist the household in obtaining required verification provided the household is cooperating with the State agency as specified in (d)(1) of this section. The notice shall be written in clear and simple language and shall meet the bilingual requirements designated in 272.4(b) of this chapter. At a minimum, the notice shall contain examples of the types of documents the household should provide and explain the period of time the documents should cover.
The household may voluntarily withdraw its application at any time prior to the determination of eligibility. The State agency shall document in the case file the reason for withdrawal, if any was stated by the household, and that contact was made with the household to confirm the withdrawal. The household shall be advised to its right to reapply at any time subsequent to a withdrawal.
VERMONT NOTE: For an application or recertification to be considered complete, the applicant or recipient must provide information about whether any members of the household have been convicted of a felony involving possession, use, or distribution of a controlled substance for an act committed after August 22, 1996.
NOTE: Policy sections 275.3(c)(5) and 275.12(g)(1)(ii) are not part of the State policy manual. These sections of Federal regulations explain that refusal to cooperate means that the household must be able to cooperate and is unwilling to do so, after having been given every reasonable opportunity, and that Federal reviews will meet the same standards as State reviews.
VERMONT NOTE:
- Case by case waiver decisions shall be made by the District Director or the Director's designee.
- Unable, as used above, shall not be used to require an applicant to divulge confidential information to a third party if they object to doing so.
- There is no area in Vermont not served by a certification office as provided in 7 R 272.5.
SNAP certification may be done in conjunction with a non-scheduled PA home visit. The recipient has the right to refuse the SNAP portion of the interview, but cannot be certified unless all SNAP eligibility factors are met.
VERMONT NOTE: Home visits to persons without a telephone listing screened potentially eligible for expedited service, may be made without advance schedule. The applicant has the right to refuse this nonscheduled interview, but by doing so forfeits their rights to expedited service. The household must subsequently meet interview requirements prior to certification.
SNAP certification may be done in conjunction with a non-scheduled PA home visit. The recipient has the right to refuse the SNAP portion of the interview, but cannot be certified unless all SNAP eligibility factors are met.
Verification is the use of third-party information or documentation to establish the accuracy of statements on the application.
State agencies shall verify the following information prior to certification for households initially applying:
Gross nonexempt income shall be verified for all households prior to certification. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate with the household and the State agency, and all other sources of verification are unavailable, the eligibility worker shall determine an amount to be used for certification purposes based on the best available information.
If the INS form I 94 does not bear any of the above annotations and the alien has no other verification of alien classification in his or her possession, the State agency shall advise the alien to submit form G 641, Application for Verification of Information from Immigration and Naturalization Service Records, to INS. State agencies shall accept this form when presented by the alien and properly annotated at the bottom by an INS representative as evidence of lawful admission for permanent residence or parole for humanitarian reasons.
The alien shall also be advised that classification under Section 207, 208, 212(d)(5), or 243(h) of the Immigration and Nationality Act shall result in eligible status; that the alien may be eligible if acceptable verification is obtained; and that the alien may contact INS, as stated previously, or otherwise obtain the necessary verification or, if the alien wishes and signs a written consent, that the State agency will contact INS to obtain clarification of the alien's status. If the alien does not wish to contact INS, the household shall be given the option of withdrawing its application or participating without that member.
The State agency shall verify a household's utility expenses if the household wishes to claim expenses in excess of the State agency's utility standard and the expense would actually result in a deduction. If the household's 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 as specified in Section 273.9(d). If the household wishes to claim expenses for an unoccupied home, the State agency shall verify the household's actual utility expenses for the unoccupied home in every case and shall not use the standard utility allowance.
The amount of any medical expenses (including the amount of reimbursements) deductible under 273.9(d)(3) shall be verified prior to initial certification. Verification of other factors, such as the allowability of services provided or the eligibility of the person incurring the cost, shall be required if questionable.
The State agency shall verify the Social Security Number(s) (SSN) reported by the household by submitting them to the Social Security Administration (SSA) for verification according to procedures established by SSA. The State agency shall not delay certification for issuance of benefits to an otherwise eligible household solely to verify the SSN of a household member.
Once an SSN has been verified, the State shall make a permanent annotation to its file to prevent the unnecessary reverification of the SSN in the future. State agencies shall accept as verified a SSN which has been verified by another program participating in the IEVS described in 272.8. If an individual is unable to provide a SSN or does not have a SSN, the State Agency shall require the individual to submit Form SS 5, Application for a Social Security Number, to the SSA in accordance with procedures in 273.6. A completed SSA Form 2853 shall be considered proof of application for a SSN for a newborn infant.
VERMONT NOTE: Section 272.8 is a section of the Code of Federal Regulations (R) that is not a part of the 3SquaresVT Rules Manual. It details State requirements for an Income and Eligibility Verification System (IEVS).
The residency requirements of 273.3 shall be verified except in unusual cases (such as homeless households, some migrant farm worker households or households newly arrived in a project area) where verification of residency cannot reasonably be accomplished. Verification of residency should be accomplished to the extent possible in conjunction with the verification of other information such as, but not limited to, rent and mortgage payments, utility expenses, and identity. If verification cannot be accomplished in conjunction with the verification of other information, then the State Agency shall use a collateral contact or other readily available documentary evidence. Documents used to verify other factors of eligibility should normally suffice to verify residency as well. Any documents or collateral contact which reasonably establishes the applicant's residency must be accepted and no requirement for a specific type of verification may be imposed. No durational residency requirement shall be established.
The identity of the person making application shall be verified. Where an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household shall be verified. Identity may be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact. Examples of acceptable documentary evidence which the applicant may provide include, but are not limited to, a driver's license, a work or school ID, an ID for health benefits or for another assistance or social services program, a voter registration card, wage stubs, or a birth certificate. Any documents which reasonably establish the applicant's identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed.
State agencies shall verify factors affecting the composition of a household, if questionable. Individuals who claim to be a separate household from those with whom they reside shall be responsible for proving that they are a separate household to the satisfaction of the State agency. Individuals who claim to be a separate household from those with whom they reside based on the various age and disability factors for determining separateness shall be responsible for proving a claim of separateness (at the State agency's request) in accordance with the provisions of 273.2(f)(1)(viii).
Homeless households claiming shelter expenses greater than the standard estimate of shelter expenses (as defined in 273.9(d)(5)(i)) must provide verification of these shelter expenses. If a homeless household has difficulty obtaining traditional types of verification of shelter costs, the caseworker shall use prudent judgment in determining if the verification obtained is adequate. For example, if a homeless individual claims to have incurred shelter costs for several nights and the costs are comparable to costs typically incurred by homeless people for shelter, the caseworker may decide to accept this information and not require further verification.
VERMONT NOTE: Homeless households with shelter expenses will provide verification of their actual shelter costs, if questionable. The department does not use a standard estimate of homeless shelter expenses, made optional by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
The State agency shall obtain verification of the household's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays. Documents that are accepted as verification of the household's legal obligation to pay child support shall not be accepted as verification of the household's actual monthly child support payments. State agencies may and are strongly encouraged to obtain information regarding a household member's child support obligation and payments from Child Support Enforcement (CSE) automated data files. The State agency shall give the household an opportunity to resolve any discrepancy between household verification and CSE records in accordance with paragraph (f)(9) of this section.
VERMONT NOTE: The denial option has been adopted. Vermont will deny households at the end of 30 days for failure to provide requested verification if the interview and request for needed verification has taken place within 10 calendar days of the date the application was received along with an offer of assistance if the applicant is having a problem in obtaining the verification. No further action is required after the notice of denial is sent, but in accordance with 273.2(h)(2)(i)(A), if verification is provided after 30 days but before 60 days, the case will be reopened without requiring a new application. If eligible, benefits would commence from the thirty-first calendar day following the date the application was received and the household would not be entitled to benefits for the month of application.
VERMONT NOTE: Guidelines to be followed in determining what shall be considered questionable will be established as required and will appear in the Procedures Manual.
In addition to the verification required in paragraphs (f)(1) and (f)(2) of this section, the State agency may elect to mandate verification of any of the other factor which affects household eligibility or allotment level, including household size where not questionable.
State agencies shall use documentary evidence as the primary source of verification for all items except residency and household size. These items may be verified either through readily available documentary evidence or through a collateral contact without a requirement being imposed that documentary evidence must be the primary source of verification. Documentary evidence consists of a written confirmation of a household's circumstances. Examples of documentary evidence include wage stubs, rent receipts, and utility bills. Although documentary evidence shall be the primary source of verification, acceptable verification shall not be limited to any single type of document and may be obtained through the household or other source. Whenever documentary evidence cannot be obtained or is insufficient to make a firm determination of eligibility or benefit level, the eligibility worker may require collateral contacts or home visits. For example, documentary evidence may be considered insufficient when the household presents pay stubs which do not represent an accurate picture of the household's income (such as outdated pay stubs) or identification papers appear to be falsified.
A collateral contact is a verbal confirmation of a household's circumstances by a person outside of the household. The collateral contact may be made either in person or over the telephone. The State agency may select a collateral contact if the household fails to designate one or designates one which is unacceptable to the State agency. Examples of acceptable collateral contacts may include employers, landlords, social service agencies, migrant service agencies, and neighbors of the household who can be expected to provide accurate third party verification.
Home visits may be used as verification only when documentary evidence is insufficient to make a firm determination of eligibility or benefit level, or cannot be obtained, and the home visit is scheduled in advance with the household.
Where unverified information from a source other than the household contradicts statements made by the household, the household shall be afforded a reasonable opportunity to resolve the discrepancy prior to a determination of eligibility or benefits. The State agency may, if it chooses, verify the information directly and contact the household only if such direct verification efforts are unsuccessful. If the unverified information is received through the IEVS, as specified in 272.8, the State agency may obtain verification from a third party as specified in paragraph (f)(9)(v) of this section.
VERMONT NOTE: Section 272.8 is a section of the Code of Federal Regulations (R) that is not a part of the 3 SquaresVT Policy Manual. It details State requirements for an Income and Eligibility Verification System (IEVS).
Case files must be documented to support eligibility, ineligibility, and benefit level determinations. Documentation shall be in sufficient detail to permit a reviewer to determine the reasonableness and accuracy of the determination.
The State agency shall not verify income if the source has not changed and if the amount is unchanged or has changed by $ 25 or less, unless the information is incomplete, inaccurate, inconsistent or outdated. The State agency shall also not verify total medical expenses, or actual utility expenses claimed by households which are unchanged or have changed by $ 25 or less, unless the information is incomplete, inaccurate, inconsistent or outdated. The State agency shall require a household eligible for the child support deduction to verify any changes in the legal obligation to pay child support, the obligated amount, and the amount of legally obligated child support a household member pays to a nonhousehold member. The State agency shall verify reportedly unchanged child support information only if the information is incomplete, inaccurate, inconsistent or outdated.
Changes reported during the certification period shall be subject to the same verification procedures as apply at initial certification, except that the State agency shall not verify changes in income if the source has not changed and if the amount has changed $ 25 or less, unless the information is incomplete, inaccurate, inconsistent or outdated. The State agency shall also not verify total medical expenses or actual utility expenses which are unchanged or have changed $ 25 or less, unless the information is incomplete, inaccurate, inconsistent or outdated.
VERMONT NOTE: If both members of a household indicate wage raises, and the combined raises total an income increase more than $ 25, the wages must be verified and documented. Similar increases in utility costs do not need to be verified if the household uses the fuel and utility standard deduction or if the utility increases do not result in a deduction.
VERMONT NOTE: Section 272.8 is a section of the Code of Federal Regulations (R) that is not a part of the 3Squares VT Policy Manual. It details State requirements for an Income and Eligibility Verification System (IEVS).
VERMONT NOTE: Part 272 is a part of the Code of Federal Regulations (R) that is not in the 3SquaresVT Policy Manual. It details requirements for participating State agencies.
When participating in the INS SAVE Program to verify the validity of documents presented by applicant aliens, State agencies shall use the following procedures:
The State agency shall provide eligible households that complete the initial application process an opportunity to participate [as defined in 274.2(b)] as soon as possible, but no later than 30 calendar days following the date the application was filed, except for residents of public institutions who apply jointly for SSI and SNAP benefits prior to release from the institution in accordance with 273.1(e)(2). An application is filed the day the appropriate SNAP Office receives an application containing the applicant's name and address, which is signed by either a responsible member of the household or the household's authorized representative. Households entitled to expedited processing are specified in paragraph (i) of this section. For residents of public institutions who apply for SNAP benefits prior to their release from the institution in accordance with 273.1(e)(2), the State agency shall provide an opportunity to participate as soon as possible but no later than 30 calendar days from the date of release of the applicant from the institution.
VERMONT NOTE: For instance, if an application is received on June 1st, notice of benefits would have to be mailed by June 28th (allowing two days for delivery) to provide the household an opportunity to participate within 30 days.
VERMONT NOTE: If processing is delayed, see section 273.2(h)(3).
Households which apply for initial month benefits (as described in 273.10(a) after the 15th of the month, are processed under normal processing timeframes, have completed the application process within 30 days of the date of application, and have been determined eligible to receive benefits for the initial month of application and the next subsequent month, may be issued a combined allotment at State agency option which includes prorated benefits for the month of application and benefits for the first full month of participation. The benefits shall be issued in accordance with 274.2(c) of this chapter.
VERMONT NOTE: Vermont does not choose this option.
Households that are found to be ineligible shall be sent a notice of denial as soon as possible but no later than 30 days following the date the application was filed. If the household has failed to appear for two scheduled interviews and has made no subsequent contact with the State agency to express interest in pursuing the application, the State agency shall send the household a notice of denial on the 30th day following the date of application. The household must file a new application if it wishes to participate in the program. In cases where the State agency was able to conduct an interview and request all of the necessary verification on the same day the application was filed, no subsequent requests for verification have been made, the State agency may also deny the application on the 30th day if the State agency provided assistance to the household in obtaining verification as specified in paragraph (f)(5) of this section, but the household failed to provide the requested verification.
If the State agency does not determine a household's eligibility and provide an opportunity to participate within 30 days following the date the application was filed, the State agency shall take the following action:
The State agency shall first determine the cause of the delay using the following criteria:
If the household has failed to appear for the first interview and a subsequent interview is postponed at the household's request until after the 30th day following the date the application was filed, the delay shall be the fault of the household. If the household has missed both scheduled interviews and requests another interview, any delay shall be the fault of the household.
VERMONT NOTE: The option of denial on the 30th day has been selected, if the delay was caused by the household. If the notice of denial is sent and the household takes the required action within 60 days following the date the application was filed, the case shall be reopened without requiring a new application. If eligible, benefits would commence from the thirty-first calendar day following the date the application was received and the household would not be entitled to benefits for the month of application. If the notice of denial was sent and the household failed to take the required action within 60 days following the date the application was filed, no further action by the Department is required.
The following households are entitled to expedited service:
The State agency's application procedures shall be designed to identify households eligible for expedited service at the time the household requests assistance. For example, a receptionist, volunteer, or other employee shall be responsible for screening applications as they are filed or as individuals come in to apply.
All households receiving expedited service, except those receiving it during months in which allotments are suspended or canceled, shall have their cases processed in accordance with the following provisions. Those households receiving expedited service during suspensions or cancellations shall have their cases processed in accordance with the provisions of 271.7(e)(2).
For households entitled to expedited service, the State agency shall make SNAP benefits available to the recipient no later than the seventh calendar day following the date an application was filed. For the resident of a public institution who applies for benefits prior to his/her release from the institution in accordance with 273.1(e)(2) and who is entitled to expedited service, the date of filing his/her SNAP application is the date of release of the applicant from the institution. (The remainder of this paragraph referencing EBT cards has been omitted.)
For residents of drug addiction or alcoholic treatment and rehabilitation centers and residents of group living arrangements who are entitled to expedited service, the State Agency shall make SNAP benefits available to the recipient no later than the seventh calendar day following the date the application was filed.
If a household is entitled to expedited service and is also entitled to a waiver of the office interview, the State agency shall conduct the interview (unless the household cannot be reached) and complete the application process within the expedited service standards. The first day of this count is the calendar day following application filing. If the State agency conducts a telephone interview and must mail the application to the household for signature, the mailing time involved will not be calculated in the expedited service standards. Mailing time shall only include the days the application is in the mail to and from the household and the days the application is in the household's possession pending signature and mailing.
If the prescreening required in paragraph (i)(2) of this section fails to identify a household as being entitled to expedited service and the State agency subsequently discovers that the household is entitled to expedited service, the State agency shall provide expedited service to households within the processing standards described in paragraph (i)(3)(i) and (ii) of this section, except that the processing standard shall be calculated from the date the State agency discovers the household is entitled to expedited service.
Residents of shelters for battered women and children who are otherwise entitled to expedited service shall be handled in accordance with the time limits in paragraph (i)(3)(i) of this section.
State agencies should attempt to obtain as much additional verification as possible during the interview, but should not delay the certification of households entitled to expedited service for the full timeframes specified in paragraph (i)(3) of this section when the State agency has determined it is unlikely that other verification can be obtained within these timeframes.
Households entitled to expedited service will be asked to furnish a Social Security number for each person or apply for one for each person before recertification. Those household members unable to provide the required SSNs or who do not have one prior to recertification shall be allowed to continue to participate only if they satisfy the good cause requirements with respect to SSNs specified in 273.6(d), except that households with a newborn may have up to 6 months following the month the baby was born to supply an SSN or proof of an application for an SSN for the newborn in accordance with 273.6(b)(4).
With regard to the work registration requirements specified in 273.7, the State agency shall, at a minimum, require the applicant to register [unless exempt or unless the household has designated an authorized representative to apply on its behalf in accordance with 273.1(f)]. The State agency may attempt to register other household members but shall postpone the registration of other household members if it cannot be accomplished within the expedited service timeframes. The State agency may attempt registration of other household members by requesting that the applicant complete the work registration forms for other household members to the best of his or her ability. The State agency may also attempt to accomplish work registration for other household members in a timely manner through other means, such as calling the household. The State agency may attempt to verify questionable work registration exemptions, but such verification shall be postponed if the expedited service timeframes cannot be met.
For subsequent months, the household must reapply and satisfy all verification requirements which were postponed or be certified under normal processing standards. If the household does not satisfy the postponed verification requirements and does not appear for the interview, the State agency does not need to contact the household again.
VERMONT NOTE: Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Vermont chooses not to implement combined allotments. PRWORA made combined allotments an option that Vermont did not elect.
VERMONT NOTE: Households eligible for expedited service that apply on or before the 15th of the month and have postponed verification will be certified for one month. Those applying after the 15th of the month with postponed verification will be certified for two months.
Households applying for public assistance (PA) as defined at 271.2 shall be notified of their right to apply for SNAP benefits at the same time, and shall be allowed to apply for SNAP benefits at the same time they apply for PA benefits. The applications of these households shall be processed in accordance with the requirements of paragraph (j)(1) of this section, and their eligibility shall be based solely on SNAP eligibility criteria unless the household is categorically eligible, as provided in paragraph (j)(2) of this section. The benefit levels of all households shall be based solely on SNAP criteria. Jointly processed and categorically eligible households shall be certified in accordance with SNAP procedural, timeliness, and notice requirements, including the 5-day expedited service provisions of 273.2(i) and normal 30-day application processing standards of 273.2(g). Individuals authorized to receive PA benefits but who have not yet received payments are considered recipients of benefits from those programs. In addition, individuals are considered recipients of PA if their PA benefits are suspended or recouped. Individuals entitled to PA benefits but who are not paid such benefits because the grant is less than a minimum benefit are also considered recipients. Individuals not receiving PA benefits who are entitled to Medicaid only shall not be considered recipients.
PA grant amounts that cannot be anticipated will be processed as changes of circumstances as specified in (j)(1)(iv).
If the State agency can anticipate the amount and the date of receipt of the initial PA payment, but the payment will not be received until a subsequent month, the State agency shall vary the household's SNAP benefit level according to the anticipated receipt of the payment and notify the household. Portions of initial PA payments intended to retroactively cover a previous month shall be disregarded as lump sum payments under § 273.9(c)(8). If the amount or date of receipt of the initial PA payment cannot be reasonably anticipated at the time of the SNAP eligibility determination, the PA payments shall be handled as a change in circumstances. If the receipt of the PA grant reduces, suspends or terminates the household's SNAP benefits, a notice of adverse action is sent.
The case may be terminated if the household is not categorically eligible. The State agency shall ensure that the denied application of a potentially categorically eligible household is easily retrievable. For a household filing a joint application for SNAP and PA benefits or a household that has a PA application pending and is denied SNAP benefits but is later determined eligible to receive PA benefits and is otherwise categorically eligible, the State agency shall provide benefits using the original application and any other pertinent information occurring subsequent to that application.
Except for residents of public institutions who apply jointly for SSI and SNAP benefits prior to their release from a public institution in accordance with 273.1(e)(2), benefits shall be paid from the beginning of the period for which PA benefits are paid, the original SNAP application date or December 23, 1985, whichever is later. Residents of public institutions who apply jointly for SSI and SNAP benefits prior to their release from the institution shall be paid benefits from the date of their release from the institution. In situations where the State agency must update and reevaluate the original application of a denied case, the State agency shall not reinterview the household, but shall use any available information to update the application. The State agency shall then contact the household by phone or mail to explain and confirm changes made by the State agency and to determine if other changes in household circumstances have occurred. If any information obtained from a household differs from that which the State agency obtained from available information or the household provided additional changes in information, the State agency shall arrange for the household or its authorized representative to initial all changes, resign and date the updated application and provide necessary verification. In no event can benefits be provided prior to the date of the original SNAP application filed on or after December 23, 1985.
Any household that is determined to be eligible to receive PA benefits for a period of time within the 30-day SNAP processing time, shall be provided SNAP benefits back to the date of the SNAP application. However, in no event shall SNAP benefits be paid for a month for which such household is ineligible for receipt of any PA benefits for the month, unless the household is eligible for SNAP benefits as an NPA case. Benefits shall be prorated in accordance with 273.10(a)(1)(ii) and (e)(2)(ii)(B). Households that file joint applications that are found categorically eligible after being denied NPA SNAP benefits shall have their benefits for the initial month prorated from the date from which the PA benefits are payable, or the date of the original SNAP application, whichever is later. The State agency shall act on reevaluating the original application either at the household's request or when it becomes otherwise aware of the household's PA eligibility. The household shall be informed on the notice of denial required by 273.10(g)(1)(ii) to notify the state agency if its PA benefits are approved.
Households who file joint applications for SNAP benefits and PA and whose PA applications are subsequently denied will not be required to file new SNAP application. PA payments which cannot be reasonably anticipated will be handled as changes in circumstances.
PA recipient households are households in which all household members receive public assistance, as defined in the introductory paragraph of 273.2 (j). For the purposes of this section, households with children receiving the Vermont EITC are defined as:
Residents of public institutions who apply jointly for SSI and SNAP benefits prior to their release from the institution in accordance with 273.1 (e) (2), shall not be categorically eligible upon a finding by SSA of potential SSI eligibility prior to such release. These individuals shall be considered categorically eligible at such time as a final SSI eligibility determination has been made and the individual has been released from the institution.
The eligibility factors that are deemed for SNAP eligibility without the verification required in 273.2 (f) because of PA status are the resource, gross and net income limits; Social Security number information; sponsored alien information; and residency. If any of the following factors are questionable, the State agency shall verify, in accordance with 273.2 (f), that the household is considered categorically eligible:
Categorical eligibility will be conferred on any otherwise eligible household with children that has received the Vermont EITC in accordance with paragraph (j)(2)(i), and will remain in effect for the remainder of the certification period, not to exceed 12 months.
State agencies that use the joint application processing procedures in paragraph (j)(1) of this section may apply these procedures to a SNAP applicant household in which some, but not all, members are in the PA filing unit, except for procedures concerning categorical eligibility.
For purposes of this paragraph, SSI is defined as Federal SSI payments made under Title XVI of the Social Security Act, federally administered optional supplementary payments under section 1616 of that Act, or federally administered mandatory supplementary payments made under 212(a) of Pub. L. 93-66. Except in cash-out states (273.20), households which have not applied for SNAP benefits in the thirty preceding days, and which do not have applications pending, shall apply and be certified for SNAP benefits in accordance with the procedures described in 273.2(k)(1)(i) or 273.2(k)(1)(ii) and with the notice, procedural and timeliness requirements of the Food and Nutrition Act of 2008 and its implementing regulations. Households applying simultaneously for SSI and SNAP benefits shall be subject to SNAP eligibility criteria, and benefit levels shall be based solely on SNAP eligibility criteria until the household is considered categorically eligible. However, households in which all members are either PA or SSI recipients or authorized to receive PA or SSI benefits as discussed in 273.2(j) shall be SNAP eligible based on their PA/SSI status as provided for in 273.2(j)(1)(iv) and (j)(2). Households denied NPA SNAP benefits that have an SSI application pending shall be informed on the notice of denial of the possibility of categorical eligibility if they become SSI recipients. The State agency shall make an eligibility determination based on information provided by SSA or by the household.
At each SSA office, the State agency shall either arrange for SSA to complete and forward SNAP applications, or the State agency shall outstation State SNAP eligibility workers at the ,SSA Offices with SSA's concurrence, based upon an agreement negotiated between the State agency and the SSA.
SSA shall approve, deny, or comment upon FNS approved State SNAP applications within thirty days of their submission to SSA.
VERMONT NOTE: Economic Services Division staff will not be outstationed in SSA offices. SSA staff will use FNS approved State application forms.
The State agency shall ensure the information required by 273.2(f) is verified prior to certification for households initially applying. Households entitled to expedited certification services shall be processed in accordance with 273.2(i).
The State agency has the option of verifying SSI benefit payments through the State Data Exchange (SDX), the Beneficiary Data Exchange (BENDEX) and/or through verification provided by the household.
State agencies may verify other information through SDX and BENDEX but only to the extent permitted by data exchange agreements with SSA. Information verified through SDX or BENDEX shall not be reverified unless it is questionable. Households shall be given the opportunity to provide verification from another source if all necessary information is not available on the SDX or the BENDEX, or if the SDX/BENDEX information is contradictory to other household information.
Information verified through SDX or BENDEX shall not be reverified unless it is questionable. Households shall be given the opportunity to provide verification from another source if all necessary information is not available on the SDX or the BENDEX, or if the SDX/BENDEX information is contradictory to other household information.
State agencies shall certify households under these procedures for up to twelve months, according to the standards in § 273.10(f), except for State agencies which must assign the initial certification period to coincide with adjustments to the SSI benefit amount as designated in § 273.10(f)(3) (iii).
In cases jointly processed in which the SSI determination results in denial, and the State agency believes that SNAP eligibility or benefit levels may be affected, the State agency shall send the household a notice of expiration advising that the certification period will expire the end of the month following the month in which the notice is sent and that it must reapply if it wishes to continue to participate. The notice shall also explain that its certification period is expiring because of changes in circumstances which may affect SNAP eligibility or benefit levels and that the household may be entitled to an out-of-office interview, in accordance with § 273.2(e)(2).
Households shall report changes in accordance with the requirements in § 273.12. The State agency shall process changes in accordance with § 273.12.
Within ten days of learning of the determination of the application for SSI through SDX, the household, advisement from SSA where SSA agrees to do so for households processed under § 273.2(k)(1)(i), or from any other source, the State agency shall take required action in accordance with § 273.12. State agencies are encouraged to monitor the results of the SSI determination through SDX and BENDEX to the extent practical.
The State agency shall process adjustments to SSI cases resulting from mass changes, in accordance with provisions of § 273.12(e).
The State agency shall allow SSI households to submit SNAP applications to local SNAP offices rather than through the SSA if the household chooses. In such cases all verification, including that pertaining to SSI program benefits, shall be provided by the household, by SDX or BENDEX, or obtained by the State agency rather than being provided by the SSA.
The State agency shall restore to the household benefits which were lost whenever the loss was caused by an error by the State agency or by the Social Security Administration through joint processing. Such an error shall include, but not be limited to, the loss of an applicant's SNAP application after it has been filed with SSA or with a State agency's outstationed worker. Lost benefits shall be restored in accordance with § 273.17.
An applicant for or recipient of Social Security benefits under Title II of the Social Security Act shall be informed at the SSA office of the availability of benefits under the SNAP program and the availability of a SNAP program application at the SSA office. The SSA office is not required to accept applications and conduct interviews for Title II applicants/recipients unless the State agency has chosen to outstation eligibility workers at the SSA office and has an agreement with SSA to allow the processing of such households at SSA offices. In these cases, processing shall be in accordance with 273.1(k)(1)(ii)
An applicant for or recipient of SSI shall be informed at the SSA office of the availability of benefits under the SNAP program and the availability of a SNAP application at the SSA office. The SSA office is not required to accept applications or to conduct interviews for SSI applicants or recipients who are not members of households in which all are SSI applicants or recipients unless the State agency has chosen to outstation eligibility workers at the SSA office. In this case, processing shall be in accordance with 273.2(k)(1)(ii).
VERMONT NOTE: Eligibility workers will not be outstationed in SSA offices.
VERMONT NOTE : Vermont elects to have statewide residency and will transfer the household's certification without requiring reapplication.
State agencies shall allow participation in the program by any person, otherwise eligible, who is a resident of the United States and one of the following:
The term "qualified alien" is defined at 271.1.
In determining the number of qualifying quarters of coverage as defined under title II of the Social Security Act, an alien shall be credited with:
No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under (1) or (2) above if the parent or spouse (as the case may be) of such alien received any federal means-tested public benefit (as defined below) during the period for which such qualifying quarter of coverage is so credited.
Federal means-tested benefits for this purpose do not include:
* emergency medical assistance;
* short-term, non-cash, in-kind emergency disaster relief;
* assistance under the National School Lunch Act or the Child Nutrition Act of 1966;
* public health assistance for immunizations or testing and treatment of symptoms of communicable diseases not paid by Medicaid;
* payments for foster care and adoption assistance under parts B and E of Title IV of the Social Security Act, under certain conditions;
* programs, services, or assistance specified by the Attorney General;
* programs of student assistance specified by the Attorney General; Education Act of 1965, and titles III, VII and VIII of the Public Health Service Act;
* means-tested programs under the Elementary and Secondary Education Act of 1965;
* benefits under the Head Start Act;
* benefits under the Job Training Partnership Act.
Aliens other than those described in paragraph (a) of this section shall not be eligible to participate. This includes, but is not limited to, alien visitors, tourists, diplomats and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country.
The income and resources of an ineligible alien shall be handled as outlined in § 273.11(c)(2).
If verification of eligible alien status as required by § 273.2(f) is not provided on a timely basis, the eligibility of the remaining household members shall be determined. The income and resources of the individual whose alien Status is unverified shall be handled as outlined in § 273.11(c) and considered available in determining the eligibility of the remaining household members. If verification of eligible alien status is subsequently received, the State agency shall act on the information as a reported change in household membership in accordance with timeliness standards in § 273.12.
An individual who is enrolled at least half time in an institution of higher education shall be ineligible to participate in the Food Stamp program unless the individual qualifies for one of the exemptions contained in paragraph (b) of this section. An individual is considered to be enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.
To be eligible for the program a student as defined in paragraph (a) of the section must meet at least one of the following criteria:
The state agency shall require that a household participating or applying for participation in the Food Stamp Program provide the State agency with the Social Security number (SSN) of each household member or apply for one before certification. If individuals have more than one number, all numbers shall be required. The State agency shall explain to applicants and participants that refusal or failure without good cause to provide an SSN will result in disqualification of the individual for whom an SSI is not obtained.
VERMONT NOTE : Option (ii) is used as Vermont has no enumeration agreement and the individuals must apply at SSA.
If the State agency determines that a household member has refused or failed without good cause to provide or apply for an SSN, then that individual shall be ineligible to participate in the Food Stamp Program. The disqualification applies to the individual for whom the SSN is not provided and not to the entire household. The earned or unearned income and resources of an individual disqualified from the household for failure to comply with this requirement shall be counted as household income and resources to the extent specified in § 273.11(c) of these regulations.
In determining if good cause exists for failure to comply with the requirement to apply for or provide the State agency with an SSN, the State agency shall consider information from the household member, SSA and the State agency (especially if the State agency was designated to send the SS-5 to SSA and either did not process the SS-5 or did not process it in a timely manner). Documentary evidence or collateral information that the household member has applied for an SSN or made every effort to supply SSA with the necessary information to complete an application for an SSN shall be considered good cause for not complying timely with this requirement. Good cause does not include delays due to illness, lack of transportation or temporary absences, because SSA makes provisions for mail-in applications in lieu of applying in person. If the household member car, show good cause why an application for a SSN has not been completed in a timely manner, that person shall be allowed to participate for one month in addition to the month of application. If the household member applying for an SSN has been unable to obtain the documents required by SSA, the State agency caseworker should make every effort to assist the individual in obtaining these documents. Good cause for failure to apply must be shown monthly in order for such a household member to continue to participate. Once an application has been filed, the State agency shall permit the member to continue to participate pending notification of the State agency of the household member's SSN.
The household member(s) disqualified may become eligible upon providing the State agency with an SSN.
The State agency is authorized to use SSNs in the administration of the Food Stamp Program. To the extent determined necessary by the Secretary and the Secretary of Health and Human Services, State agencies shall have access to information regarding individual Food Stamp Program applicants and participants who receive benefits under Title XVI of the Social Security Act to determine such a household's eligibility to receive assistance and the amount of assistance, or to verify information related to the benefit of these households. State agencies shall use the State Data Exchange (SDX) to the maximum extent possible. The State agency should also use the SSNs to prevent duplicate participation, to facilitate mass changes in Federal benefits as described in § 273.12(e)(3) and to determine the accuracy and/or reliability of information given by households. In particular, SSNs shall be used by the State agency to request and exchange information on individuals through the IEVS as specified in § 272.8.
NOTE : Section 272.8 is a section of the Code of Federal Regulations (R) that is not a part of the Vermont Food Stamp Policy Manual. It details State requirements for an Income and Eligibility Verification System (IEVS).
State agencies with automated Food Stamp data bases containing household information shall enter all SSNs obtained in accordance with § 273.6(a) into these files.
Each household member who is not exempt by paragraph (b)(1) of this section shall be registered for employment by the State agency at the time of application, and once every twelve months after initial registration, as a condition of eligibility. The registration form need not be completed by the member required to register.
If the participant fails to return the form, the State agency shall issue a notice of adverse action stating that the participant is being terminated and why, but that the termination can be avoided by returning the form.
VERMONT NOTE: A work registration form is used.
(Federal cost sharing, participant reimbursement, funding mechanism and fiscal recordkeeping and reporting requirements not applicable to the Policy Manual.)
Work registrants shall:
Persons required to register for work and not exempted by the State agency from placement in an employment and training program shall be subject to the requirements imposed by the State agency for that individual. Such individuals are referred to in this section as E&T mandatory participants. Requirements may vary among participants. Failure to comply without good cause with the requirements imposed by the State agency shall result in disqualification as specified in § 273.7(g). The state may apply these employment and training requirements to a program applicant at the time of application.
Each component of an employment and training program carried out under this paragraph shall be delivered through a statewide workforce development system, unless the component is not available locally through such a system. To be considered acceptable by FCS, any component offered by a State agency shall entail certain levels of effort by the participants. The level of effort should be comparable to spending approximately 12 hours a month for two months (or less in workfare or work experience components if the household's benefit divided by the minimum wage is less than this amount) making job contacts; however, FCS may approve components which do not meet this guideline which it determines will advance program goals. An initial screening by an eligibility worker to determine whom to place in an employment and training program does not constitute a component. An employment and training program offered by a State agency must offer one or more of the following components:
Subject to the requirements for overall plan approval by the Secretary, State agencies may exempt categories of individuals from employment and training participation. Individual exemption
s shall be evaluated at each recertification and exemptions granted to categories of persons should be reviewed no less frequently than annually to determine whether they remain valid. If a State recognizes that because of changes in its caseload the exemption limit set forth in its approved plan is insufficient, the State may seek to amend its State plan during the year. FNS will consider changes in a State's caseload in determining whether a State has complied with its exemption limit.
The second time that an individual becomes ineligible to participate in the Food Stamp program, as described above, the individual shall remain ineligible until the later of:
The third or subsequent time that an individual becomes ineligible to participate in the Food Stamp program, as described above, the individual shall remain ineligible until the later of:
Within this conciliation period, the State agency shall, at a minimum, contact the noncomplying household member to ascertain the reason(s) for the noncompliance and determine whether good cause for the noncompliance exists, as discussed in paragraph (m) of this section. If good cause does not exist, the State agency shall inform the household member of the pertinent E&T requirements and the consequences of failing to comply. The household member shall be informed of the action(s) necessary for compliance and the date by which compliance must be achieved to avoid the notice of adverse action. This day may not exceed the end of the conciliation period.
To avoid the notice of adverse action, the noncomplying household member must perform a verifiable act of compliance, such a attending a job search training session or submitting a report of job contacts. Verbal commitment by the household member is not sufficient, unless the household member is prevented from complying by circumstances beyond the household member's control, such as the unavailability of a suitable component.
If it is apparent that the individual will not comply (i.e., the individual refuses to comply and does not have good cause), the State agency may end the conciliation period early and proceed with the issuance of the notice of adverse action under paragraph (g)(1)(iii) of this section. The individual's refusal to comply shall be documented in the case file.
The State agency or its designee operating the relevant component shall receive sufficient advance notice to either permit the attendance of a representative or ensure that a representative will be available for questioning over the phone during the hearing. A representative of the appropriate agency shall be available through one of these means.
A household shall be allowed to examine its E&T component case file at a reasonable time before the date of the fair hearing, except for confidential information (which may include test results) that the agency determines should be protected from release. Confidential information not released to a household may not be used by either party at the hearing. The results of the fair hearing shall be binding on the State agency.
A household member who has refused or failed without good cause to comply with a Reach Up work requirement or unemployment compensation requirement shall still be considered exempt from work registration in accordance with paragraph (b)(1)(iii) or (b)(1)(v) of this section.
The policy that immediately follows and is indicated by a different font and bold type shall end effective:
VERMONT NOTE - Individuals in Group 3 of the ANFC Welfare Restructuring Project sanctioned under ANFC for failure to meet the demonstration's work requirements are exempt from the Food Stamp failure to comply without good cause and voluntary quit sanctions. Minor parents in any group sanctioned under ANFC for failure to meet Reach Up participation requirements are also exempt.
VERMONT NOTE - The WIN Program is now obsolete and has been replaced by the Job Opportunities and Basic Skills program (JOBS) known as Reach Up in Vermont. The policy above now applies to JOBS requirements.
Following the end of the disqualification period for noncompliance with the work registration or employment and training requirements described at 273.7(g)(1)(i), participation may resume if a disqualified individual or household applies again and is determined eligible. An individual who has been disqualified for noncompliance may be permitted to resume participation during the disqualification period (if otherwise eligible) by becoming exempt from work registration.
An individual who has met the minimum disqualification may then become eligible by complying with the following appropriate requirements:
Strikers whose households are eligible under the criteria in 273.1g shall be subject to the work registration requirements unless exempt under paragraph (b) of this section at the time of application.
VERMONT - Not Requested, all Food Stamp households must meet work registration requirements.
Household members who are applying for SSI and for Food Stamps under § 273.2(k)(1)(i) shall have the requirement for work registration waived until:
The State Agency shall be responsible for determining good cause in those instances where the work registrant has failed to comply with the work registration, employment and training, and voluntary quit requirements of this section. In determining whether or not good cause exists, the State agency shall consider the facts and circumstances, including information submitted by the household member involved and the employer. Good cause shall include circumstances beyond the member's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, the unavailability of transportation or the lack of adequate child care for children who have reached age six but are under age 12.
Sixty days or less prior to the date of application or at any time thereafter, no individual who, without good cause, voluntarily quits a job or reduces his/her work effort and, after the reduction is working less than 30 hours per week, shall be eligible for participation in the program as specified below. This provision does not apply to individuals exempt from the work requirement as specified at 273.7(b). At the time of application, the State agency shall explain to the applicant the consequences of an individual quitting a job or reducing work hours without good cause.
The period of ineligibility shall run as specified in 273.7(g)(1)(i).
If a voluntary quit or work reduction occurs in the last month of a certification period or is determined in the last 30 days of the certification period, the individual shall be denied recertification for a period, as specified in 273.7(g)(1)(i) beginning with the day after the last certification period ends. If such individual does not apply for Food Stamp benefits by the end of the certification period, a claim shall be established for the benefits received by the individual for the sanction period beginning the first of the month after the month in which the quit or work reduction occurred. If there are insufficient days from the first of the month after the month in which the quit occurred to the end of the certification period a claim shall be imposed, and the individual shall remain ineligible for benefits for a prorated number of days, with the end result that a claim was established or the individual was ineligible for a full sanction period.
Each household has a right to a fair hearing to appeal a denial or termination of benefits due to a determination that an individual voluntarily quit or reduced work hours from his or her job without good cause. If the participating individual's benefits are continued pending a fair hearing and the State agency determination is upheld, the disqualification period shall begin the first of the month after the hearing decision is rendered.
Persons who are exempt from the work registration provisions in 273.7(b) at the time of the quit or work reduction, with the exception of those exempted by 273.7(b)(1)(vii) shall be exempt from the voluntary quit and work reduction provisions.
The policy that immediately follows and is indicated by a different font and bold type shall end effective:
VERMONT NOTE - Individuals in Group 3 of the ANFC Welfare Restructuring Project sanctioned under ANFC for failure to meet the demonstration's work requirements are exempt from the Food Stamp failure to comply without good cause and voluntary quit and work reduction sanctions. Minor parents in any Group sanctioned under ANFC for failure to meet Reach Up participation requirements are also exempt.
Good cause for leaving or reducing employment includes the good cause provisions found in 273.7(m), and resigning from a job that does not meet the suitability criteria specified in 273.7(i). Good cause for leaving employment shall also include:
* the disqualified individual secures new employment comparable in salary or hours to the job that was quit or for which there were reduced hours;
* qualifies for an exemption from the work requirement listed in 273.7(b), except for those listed in paragraphs (b)(1)(iii) or (b)(1)(v) of that section:
* or leaves the household.
Comparable employment may entail fewer hours or a lower net salary than the job that was quit. Should an individual who has been determined to be noncompliant without good cause move to another household, the sanction shall follow that individual.
NOTE: A physical or mental condition(s) that precludes work must be documented in accordance with department standards. For an individual who is uninsured or insured under a fee-for-service health plan, the condition and the length of its anticipated duration must be verified by a signed statement from a licensed physician or licensed psychologist who is eligible to receive Medicaid payments. For individuals insured under a managed care plan, the condition and length of its anticipated duration must be verified by a signed statement from a licensed physician, licensed psychologist or other licensed practitioner whose services to the individual have been authorized by the managed care plan. The department shall pay the reasonable expense of required medical examinations but may require, and pay for, a second opinion. An individual who is eligible for SSI/AABD, social security disability payments, worker's compensation, railroad disability pension payments, private employer disability payments, Medicaid disability benefits, Veterans Administration needs-based pension payments, or General Assistance benefits based on an inability to work meets this exemption criterion. An individual does not meet this exemption criterion for any month in which he or she is unable to work for fewer than fifteen days in that month.
NOTE: An individual claiming an exemption under 273.7b iv for caring for an incapacitated person qualifies for this exemption if the incapacitating condition and the necessity for the food stamp applicant or recipient to provide care to the incapacitated person is verified by a signed statement from the incapacitated person's physician or licensed practitioner. For an incapacitated individual who is uninsured or insured under a fee-for-service health plan, the statement must be provided by a licensed physician or a licensed psychologist who is eligible to receive Medicaid payments. For an incapacitated individual insured under a managed care health plan, the statement must be provided by a licensed physician, licensed psychologist, or other licensed practitioner whose services to the individual have been authorized by the managed care plan. The department shall pay the reasonable expense of required medical examinations but may require, and pay for, a second opinion. An Essential Person, defined at 2751, meets this exemption criteria.
The DSW eligibility worker will assess the individual for the three barriers to employment. If two or more barriers exist, the individual will be given an exemption. The DSW eligibility worker will review this exemption at the individual's next food stamp certification or within six months, whichever is shorter.
If one or none of these barriers exists, the individual will be referred to the Department of Employment and Training (DET).
* has a valid motor vehicle operator's license and has access, sufficient to support participation in a work-for-benefits placement, to a functioning, registered motor vehicle;
* has access to public transportation, sufficient to support participation in a work-for-benefits placement, within one and one-half miles of his or her home; and
* has access to a car or van pool or comparable transportation resources, sufficient to support participation in a work-for-benefits placement, within one and one-half miles of his or her home.
Individuals for whom none of these circumstances are true shall be required to walk, or use other available means of transport, to any available job or work-for-benefits placement located within one and one-half miles of his or her home.
The DET staff member working with the individual is responsible for determining initial eligibility for this exemption. When the exemption has expired, a DET staff member must follow the process described above, including having sought, for four weeks, to develop for this individual a job or work-for-benefits placement located within one and one-half miles of the individual's home and having been unsuccessful, before the DET staff member can determine the individual eligible for a second or subsequent transportation-based exemption.
works 80 hours or more; or
participates in and complies with the requirements of a work program for 80 or more hours, as determined by a state agency; or
participates in and complies with a workfare program under section 20 of the Food Stamp Act of 1977 or a comparable program established by a state or a political subdivision of a state.
An individual who regains eligibility as indicated above, shall remain eligible as long as the individual meets the requirements in paragraph 1.
An individual who regains eligibility and then subsequently no longer meets the requirements in paragraph 1 shall be eligible for an additional, consecutive, 3-month period, if otherwise eligible, even though the individual does not meet the requirements in paragraph 1. The period begins on the date the individual first notifies the state agency that the individual no longer meets the requirements in paragraph 1. Under this provision, an individual shall not receive any benefits for more than a 3-month period in any 36-month period.
The term "preceding 36-month period" as used in paragraphs 1(c) and 5 above does not include any period earlier than November 22, 1996.
The state agency shall apply the uniform national resource standards of eligibility to all applicant households, including those households in which members are recipients of federally aided public assistance, general assistance, or supplemental security income. Households that are categorically eligible as defined in 273.2(j)(2) do not have to meet the resource limits or definitions in this section.
The maximum allowable resources, including both liquid and nonliquid assets, of all members of the household shall not exceed $ 2,000 for the household, except that, for households including a member or members age 60 or over, such resources shall not exceed $ 3,000.
In determining the resources of a household, the following shall be included and documented by the State agency in sufficient detail to permit verification:
Resources owned jointly by separate households shall be considered available in their entirety to each household, unless it can be demonstrated by the applicant household that such resources are inaccessible to that household. If the household can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the household's resource level. The resource shall be considered totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent upon the agreement of the joint owner who refuses to comply. For the purpose of this provision, ineligible aliens or disqualified individuals residing with the household shall be considered household members. Resources shall be considered inaccessible to persons residing in shelters for battered women and children, as defined in § 271.2, if:
In determining the resources of a household, only the following shall be excluded:
VERMONT NOTE: The full value of prepaid funeral agreements that are irrevocable or otherwise not accessible to household members is excluded under section 273.8e 8.
The policy that immediately follows and is indicated by a different font and bold type shall end effective:
VERMONT NOTE - For parents or children in Group 2 or Group 3 of the ANFC Welfare Restructuring Project, who have been found eligible for and receive ANFC following group assignment, the value of assets accumulated by the individual from subsidized or unsubsidized earnings received after July 1, 1994 is disregarded as a resource.
There is no restriction on the type of asset which may be acquired. However, if the asset is non-liquid in nature, it must be purchased solely with savings from earnings accumulated while receiving ANFC or with a combination of savings from earnings and excluded income or resources. Interest earned on these assets is also excluded.
Assets disregarded under this provision while an individual is in receipt of ANFC and any subsequent assets accumulated from earnings after ANFC closure will continue to be disregarded in the determination of Food Stamp eligibility after the individual is no longer eligible for ANFC.
Savings from earnings accumulated while a Group 2 or Group 3 ANFC recipient or former recipient (after random assignment under WRP rules) is ineligible for Food Stamps are also excluded as a resource when determining subsequent Food Stamp eligibility.
Should they subsequently become ineligible for Food Stamps and later reapply, Group 2 or Group 3 rules will continue to apply for determination of Food Stamp eligibility.
Excluded funds that are kept in a separate account, and that are not commingled in an account with nonexcluded funds, shall retain their resource exclusion for an unlimited period of time. The resources of students and self-employment households which are excluded as provided in paragraph (e) (9) of this section and are commingled in an account with non-excluded funds shall retain their exclusion for the period of time over which they have been prorated as income.
All other excluded moneys which are commingled in an account with nonexcluded funds shall retain their exemption for 6 months from the date they are commingled After 6 months from the date of commingling, all funds in the commingled account shall be counted as a resource.
The fair market value of licensed automobiles, trucks, and vans will be determined by the average loan value of those vehicles as listed in publications written for the purpose of providing guidance to automobile dealers and loan companies. Publications listing the value of vehicles are usually referred to as "blue books". The state agency shall insure that the blue book used to determine the value of licensed vehicles has been updated within the last 6 months. The National Automobile Dealers Association's (NADA) Used Car Guide Book is a commonly available and frequently updated publication.
The state agency shall assign the fair market value to vehicles. The state agency shall not increase the basic value of a vehicle by adding the value of low mileage or other factors such as optional equipment. A household may indicate that for some reason, such as body damage or inoperability, a vehicle is in less than average condition. Any household that claims the blue book value does not apply to its vehicle shall be given the opportunity to acquire verification of the true value from a reliable source.
Also, households shall be asked to acquire verification of the value of licensed antique, custom made, or classic vehicles, if the state agency is unable to make an accurate appraisal. If a vehicle is especially equipped with apparatus for the handicapped, the apparatus shall not increase the value of the vehicle. The blue book value shall be assigned as if the vehicle were not so equipped.
If a vehicle is no longer listed in the blue book, the household's estimate of the value of the vehicle shall be accepted, unless the state agency has reason to believe the estimate is incorrect. In that case, and if it appears that the vehicle's value will affect eligibility, the household shall obtain an appraisal or produce other evidence of its value, such as a tax assessment or a newspaper advertisement which indicates the amount for which like vehicles are being sold. If a new vehicle is not yet listed in the blue book, the state agency shall determine the fair market value through some other means (e.g., contacting a car dealer that sells that make of vehicle).
The value of licensed vehicles shall be excluded or counted as a resource as follows:
In situations where the household owns multiple vehicles, the applicant or recipient shall identify each vehicle to be excluded.
The following vehicles are equity exempt:
The policy that immediately follows and is indicated by a different font and bold type shall end effective:
VERMONT NOTE - Families in Group 2 or Group 3 of the ANFC Welfare Restructuring Project (WRP), who have been found eligible for and receive ANFC following group assignment, have the value of vehicles determined as follows, instead of according to the rules above. The value of one vehicle may be excluded as a resource. In situations where more than one vehicle is owned by the assistance group, the applicant or recipient shall identify the vehicle to be excluded. The equity value of all remaining vehicles owned by Group 2 or Group 3 families must be counted towards the resource limitations.
In households where some members are assigned to Group 2 or Group 3 and others are not, regular Food Stamp rules apply to those household members who are not in Group 2 or Group 3. Households assigned to Group 2 or Group 3 who are denied ANFC will have regular rules applied.
Group 2 or Group 3 families who also are eligible for Food Stamps and whose ANFC eligibility ends will continue to have this rule applied to determine their Food Stamp eligibility.
In addition, if the former ANFC family in Group 2 or Group 3 sells the vehicle which is excluded under this provision and replaces it within 30 days of the date of the sale with another vehicle, the proceeds from the sale will be disregarded as a resource during this 30-day period.
amount in excess of the resource limit | Period of disqualification |
$ 0 to 249.99 | 1 mo. |
250 to 999.99 | 3 mo. |
1,000 to 2,999.99 | 6 mo. |
3,000 to 4,999.99 | 9 mo. |
5,000 or more | 12 mo. |
Participation in the Food Stamp Program shall be limited to those households whose incomes are determined to be a substantial limiting factor in permitting them to obtain a more nutritious diet. Households that contain an elderly or disabled member shall meet the net income eligibility standards for the Food Stamp Program. Households that do not contain an elderly or disabled member shall meet both the net income eligibility standards and the gross income eligibility standards for the Food Stamp Program. Households that are categorically eligible as defined in 273.2(j)(2) do not have to meet either the gross or net income eligibility standards. The net and gross income eligibility standards shall be based on the federal income poverty levels established as provided in Section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2)) .
The gross income eligibility standards shall be 130 percent of the federal income poverty levels. The net eligibility standards shall be 100 percent of the federal income poverty levels.
The income tests are applied at application, recertification, and whenever there is a change that causes redetermination of eligibility.
The food stamp procedures manual lists the gross and net income standards at P-2590 C.
VERMONT - Refer to P-2590C of the Welfare Procedures Manual which lists the standard for each household size.
VERMONT - Here is a summary explanation of the gross income test and the net income test.
Households with an aged or disabled member undergo the net income test only. They can have any amount of gross income as long as income after deductions is within the net income limit. The limit is 100% of the Federal poverty level for each household size. If the household's net income is over that limit, they are not eligible for benefits.
All other households undergo the gross income test and the net income test. The gross income (countable income before deductions) limit is 130% of the Federal poverty level for each household size. Once a household passes the gross income test they are then subject to the net income test as described above.
The income tests are applied at application, recertification and whenever there is a change which causes the case to go through eligibility.
VERMONT - The monthly gross and net income eligibility standards are published in Section P-2590 C of the Welfare Procedures Manual.
Household income shall mean all income from whatever source excluding only items specified in paragraph (c) of this section.
VERMONT NOTE: Income derived from rental property shall be considered earned, and the 20 hour weekly active management requirement shall be considered met unless a third party is employed to manage the property.
VERMONT NOTE - Families in Group 2 or Group 3, who have an amount recouped from direct child support payments as the result of a client error, will have the child support income before recoupment counted as income in the calculation of their Food Stamp benefits.
VERMONT NOTE: The United States District Court has ruled that:
Only the following items shall be excluded from household income and no other income shall be excluded:
Dependent care costs which exceed the amount excludable from income shall be deducted from income in accordance with paragraph 273.9(d)(4) and be subject to a cap.
VERMONT NOTE: 273.7(d)(1)(ii) refers to participant reimbursements for E&T.
VERMONT NOTE: Payments made under the Low Income Home Energy Assistance Program (LIHEAP) are those referred to in the first sentence of 273.9(c) (11) and are excluded income.
The policy that immediately follows and is indicated by a different font and bold type shall end effective:
VERMONT NOTE - For families in Group 2 or Group 3 of the ANFC Welfare Restructuring Project (WRP) who have been found eligible for and receive ANFC following group assignment, there are two additional Food Stamp income exclusions:
This exclusion will continue for the ANFC family in Group 2 or Group 3 which continues to receive Food Stamps but is no longer eligible for ANFC.
Deductions shall be allowed only for the following household expenses:
The per household per month standard deduction amounts applicable for use in the 48 contiguous States and the District of Columbia, and the amounts applicable for Alaska, Hawaii, Guam, and the Virgin Islands will be prescribed in General Notices published in the Federal Register.
VERMONT - The standard deduction is published in Section P-2590 A of the Welfare Procedures Manual.
Twenty percent of gross earned income as defined in paragraph (b)(1) of this section. Earnings excluded in paragraph (c) of this section shall not be included in gross earned income for purposes of computing the earned income deduction. The earned income deduction shall not be allowed with respect to determining an overissuance due to the failure of a household to report earned income in a timely manner. Earned income does not include any portion of income received under a work supplementation/support program that is attributable to public assistance.
That portion of medical expenses in excess of $ 35 per month, excluding special diets, incurred by any household member who is elderly or disabled as defined in 271.2. Spouses or other persons receiving benefits as a dependent of the SSI or disability and blindness recipient are not eligible to receive this deduction but persons receiving emergency SSI benefits based on presumptive eligibility are eligible for this deduction. Allowable medical costs are:
VERMONT - Allowable transportation costs shall be "as paid" when car pooling, using public transportation, or based upon mileage as estimated by the recipient computed at a rate of $ .31 per mile for individuals using their own or a borrowed car.
Payments for the actual costs for the care of children or other dependents when necessary for a household member to accept or continue employment, comply with the employment and training requirements as specified under 273.7(f), or attend training or pursue education which is preparatory to employment, except as provided in 273.10(d)(1)(i).
VERMONT - The maximum monthly dependent care deduction is published in Section P-2590 A1 of the Welfare Procedures Manual.
Monthly shelter costs in excess of 50 percent of the household's income after all other deductions in paragraphs (d)(1), (2), (3) and (4) of this section have been allowed. The shelter deduction shall not exceed the maximum limit unless the household contains a member who is elderly or disabled as defined in 271.2. Such households shall receive an excess shelter deduction for the monthly cost that exceeds 50 percent of the household's monthly income after all other applicable deductions. The shelter deduction maximum amount is prescribed in the Federal Register and published in section P-2590 A of the food stamp procedures manual.
VERMONT - The shelter deduction maximum is published in the P-2590 A Section of the Welfare Procedures Manual.
Shelter costs shall include only the following:
Taxes, assessments, and insurance are averaged over the full period for which they are incurred. Households may request that they be averaged over the certification period in which the nondelinquent payment is due, or computed against the individual month in which the nondelinquent payment is due, providing such option does not result in any duplication of deductions. No deduction shall be allowed for delinquent payments that were initially due prior to the current certification period.
VERMONT - Taxes, assessments and insurance are averaged over the full period for which they are incurred. Clients may request that they be averaged over the certification period in which the non-delinquent payment is due, or computed against the individual month in which the non-delinquent payment is due, providing such option does not result in any duplication of deductions. No deduction shall be allowed for delinquent payments; i.e., payment of taxes, assessments, etc., which were initially due prior to the current certification period.
If the State agency chooses to develop two standard utility allowances for households which incur heating or cooling expenses, one standard shall only be used for those households which receive indirect energy assistance payments other than payments under the Low Income Energy Assistance Act of 1981, and the second standard shall be used for all other households.
VERMONT - This option for two standard utility allowances for households which incur heating or cooling expenses is not adopted.
A cooling cost is a verifiable utility expense relating to the operation of air conditioning systems or room air conditioners.
To be qualified, the household must be billed on a regular basis for its heating and cooling costs. A household which incurs cooling or heating fuel costs on an irregular basis but is otherwise eligible to use the standard allowance may continue to use the standard allowance between billing months. A household which lives in a public housing unit or other rental housing unit which has central utility meters and charges the household only for excess heating or cooling costs shall not be permitted to use the standard utility allowance which includes a heating or cooling cost component. If a household is not entitled to the standard utility allowance, it may claim the actual utility expenses (for any utility identified in paragraph (d)(5)(ii)(C) of this section) which it does pay separately.
VERMONT - The State has elected to offer a standard utility allowance to households for use in calculating shelter costs.
VERMONT - Vermont has elected to use an annualized standard utility allowance. The standard is located in the P-2590 A section of the Procedures Manual.
VERMONT - The option of separate standard allowances has been selected. There will be three standards as follows:
The annual update to standard utility allowances will coincide with the update and issuance of other federally-mandated standards. Updated standards will be implemented on October 1 - or as otherwise directed by the Food and Nutrition Service of the USDA - and will be published in procedures.
Any update resulting in a decrease to the standard utility allowance shall be subject to public notice and hearing and/or an opportunity for public comment prior to adoption. The methodology for updates to the standard utility allowance - both proposed and adopted - shall be posted on the Department's website.
Legally obligated child support payments paid by a household member to or for a nonhousehold member, including payments made to a third party on behalf of the nonhousehold member (vendor payments). The State agency shall allow a deduction for amounts paid toward arrearages. Alimony payment made to or for a nonhousehold member shall not be included in the child support deduction.
NOTE : Procedural material not applicable to the Policy Manual.
NOTE : Procedural material not applicable to the Policy Manual.
VERMONT NOTE: The calendar month will be used.
Recertification shall be processed in accordance with 273.10(a)(2). The State agency shall prorate a household's benefits according to one of the two following options:
full month's benefits x (31 -- date of application)/30) = allotment
VERMONT - This is the option that has been chosen. Prorate tables are located in section P-2590E of the Welfare Procedures Manual. The tables use the rounding method described below.
Eligibility for recertification shall be determined based on circumstances anticipated for the certification period starting the month following the expiration of the current certification period. The level of benefits for recertifications shall be based on the same anticipated circumstances, except for retrospectively budgeted households which shall be recertified in accordance with 273.21(f)(2). If an application for recertification is submitted after the household's certification period has expired, then that application shall be considered an initial application and benefits for that month shall be prorated in accordance with paragraph (a)(1) (ii) of this section. In addition, if the household submits an application for recertification prior to the end of its certification period but is found ineligible for the first month following the end of the certification period, then the first month of any subsequent participation shall be considered an initial month. Conversely, if the household submits an application for recertification prior to the end of its certification period and is found eligible for the first month following the end of the certification period, then that month shall not be an initial month.
Because of anticipated changes, a household may be eligible for the month of application, but ineligible in the subsequent month. The household shall be entitled to benefits for the month of application even if the processing of its application results in the benefits being issued in the subsequent month. Similarly a household may be ineligible for the month of application, but eligible in the subsequent month due to anticipated changes in circumstances. Even though denied for the month of application, the household does not have to reapply in the subsequent month. The same application shall be used for the denial for the month of application and the determination of eligibility for subsequent months, within the timeliness standards in 273.2.
As a result of anticipating changes, the household's allotment for the month of application may differ from its allotment in subsequent months. The State agency shall establish a certification period for the longest possible period over which changes in the household's circumstances can be reasonably anticipated. The household's allotment shall vary month to month within the certification period to reflect changes anticipated at the time of certification, unless the household elects the averaging techniques in paragraphs (c)(3) and (d)(3) of this section.
Available resources at the time the household is interviewed shall be used to determine the household's eligibility.
VERMONT NOTE: Vermont chooses not to require any household to participate in the Monthly Reporting and Retrospective Budgeting (MRRB) System.
VERMONT NOTE: Vermont chooses to count income in the month it is received and will prorate this income over the appropriate quarter, semester, or year. For example, if the income is received in August for the fall semester, the income will be prorated over August, September, October, November and December.
Allowable deductions include only certain dependent care, shelter, child support and medical costs as described in 273.9.
In addition, an expense which is covered by an excluded vendor payment that has been converted to a direct cash payment under the approval of a federally authorized demonstration project as specified under 273.9(c)(1) shall not be deductible. Households entitled to the medical deduction shall have the nonreimbursable portion considered at the time the amount of reimbursement is received or can otherwise be verified.
If the household reports an allowable medical expense at the time of certification but cannot provide verification at that time, and if the amount of the expense cannot be reasonably anticipated based upon available information about the recipient's medical condition and public or private medical insurance coverage, the household shall have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified. A dependent care expense which is reimbursed or paid for by the Job Opportunities and Basic Skills Training (JOBS) program under Title IV-F of the Social Security Act ( 42 U.S.C. 681) or the Transitional Child Care (TCC) program shall not be deductible. A utility expense which is reimbursed or paid by an excluded payment, including HUD or FmHA utility reimbursements, shall not be deductible.
Except as provided in paragraph (d)(3) of this section a deduction shall be allowed only in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense. For example, rent which is due each month shall be included in the household's shelter costs, even if the household has not yet paid the expense. Amounts carried forward from past billing periods are not deductible, even if included with the most recent billing and actually paid by the household. In any event, a particular expense may only be deducted once.
Households may elect to have fluctuating expenses averaged. Households may also elect to have expenses which are billed less often than monthly averaged forward over the interval, averaged forward over the period the expense is intended to cover. For example, i, a household receives a single bill in February which covers a three month supply of fuel oil, the bill may be averaged over February, March and April. The household may elect to have one-time only expenses averaged over the entire certification period in which they are billed Households reporting one-time only medical expenses during their certification period may elect to have a one-time deduction or to have the expense averaged over the remaining months of their certification period. Averaging would begin the month the change would become effective.
The State agency shall calculate a household's expenses based of the expenses the household expects to be billed for during the certification period. Anticipation of the expense shall be based on the most recent month's bills, unless the household is reasonably certain a change will occur. When the household is not claiming the utility standard, the State agency may anticipate changes during the certification period based on last year's bills from the same period updated by overall price increases; or, if only the most recent bill is available, utility cost increases or decreases over the months of the certification period may be based on utility company estimates for the type of dwelling and utilities used by the household. The State agency shall not average past expenses, such as utility bills for the last several months, as a method of anticipating utility costs for the certification period. At certification and recertification, the household shall report and verify all medical expenses. The household's monthly medical deduction for the certification period shall be based on the information reported and verified by the household, and any anticipated changes in the household's medical expenses that can be reasonably expected to occur during the certification period based on available information about the recipient's medical condition, public or private insurance coverage, and current verified medical expenses. The household shall not be required to file reports about its medical expenses during the certification period. If the household voluntarily reports a change in its medical expenses, the State agency shall verify the change in accordance with 273.2(f)(8)(ii) if the change would increase the households's allotment. The State agency has the option of either requiring verification prior to acting on the change, or requiring the verification prior to the second normal monthly allotment after the change is reported. In the case of a reported change that would decrease the household's allotment, or make the household ineligible, the State agency shall act on the change without requiring verification, though verification which is required by 273.2(f)(8) shall be obtained prior to the household's recertification. If a child in the household reaches his or her second birthday during the certification period, the $ 200 maximum dependent care deduction defined in 273.9(d)(4) shall be adjusted in accordance with this section not later than the household's next regularly scheduled recertification.
VERMONT NOTE: Verify changes which result in an increase in accordance with verification requirements at 273.2(f)(8)(ii).
The income conversion procedures in (c)(2) of this section shall also apply to expenses billed on a weekly or biweekly basis.
Not applicable in Vermont. The option of a second Standard Utility Allowance for households receiving indirect payments for energy assistance was not adopted.
Households, which contain an SSI recipient as discussed in this paragraph, which are determined ineligible as an NPA household and later become categorically eligible and entitled to restored benefits in accordance with 273.2(j)(1)(iv), shall receive restored benefits using the medical and excess shelter expense deductions from the beginning of the period for which SSI benefits are paid, the original Food Stamp application date or December 23, 1985, whichever is later, if the household incurs such expenses.
State agencies may budget child support payments prospectively, in accordance with paragraphs (d)(2) through (d)(5) of this section, or retrospectively, in accordance with 273.21(b) and 273.21(f)(2), regardless of the budgeting system used for the household's other circumstances.
VERMONT NOTE: Vermont chooses to budget child support payments prospectively.
VERMONT NOTE: The maximum monthly dependent care amount allowed is published in Section P-2590 A1 of the Welfare Procedures Manual.
VERMONT - The rounding method for calculating ANFC income will be used. This method carries cents amounts throughout the calculation. Express net income in dollars and cents.
VERMONT - Vermont will use the first method.
VERMONT - Work registration will be delayed until the household is determined to be entitled to benefits.
VERMONT - Option B above has been chosen. Households eligible for zero dollars shall be suspended.
VERMONT - Refer to P-2590 C in the Welfare Procedures Manual which lists the current maximum allotment for each household size.
Migrant or seasonal farmworker households may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application. The following procedures shall be used to determine when migrant or seasonal farmworker households in these circumstances may be considered destitute and, therefore, entitled to expedited service and special income calculation procedures. Households other than migrant or seasonal farmworker households shall not be classified as destitute.
Maximum Food Stamp allotments shall be based on the TFP as defined in 271.2 and they shall be uniform by household size throughout the 48 contiguous States and the District of Columbia. The TFP amounts and maximum allotments are adjusted annually and will be prescribed in General Notices published in the Federal Register.
VERMONT - The remainder of the above paragraph deals with the Thrifty Food Plans for Hawaii, Alaska, Guam and the Virgin Islands, and has been omitted.
NOTE : Procedural material not applicable to the Policy Manual.
VERMONT - Refer to P 2590-C in the Welfare Procedures Manual which lists the current maximum allotment (which is the Adjusted Thrifty Food Plan) for each household size.
The State agency shall establish a definite period of time within which a household shall be eligible to receive benefits. At the expiration of each certification period, entitlement to Food Stamp benefits ends. Further eligibility shall be established only upon a recertification based upon a newly completed application, an interview, and verification as required by newly completed application, an interview, and verification as required by 273.2(f). Under no circumstances shall benefits be continued beyond the end of a certification period without a new determination of eligibility.
VERMONT NOTE: The GA provision deleted in this section as it is not applicable.
VERMONT NOTE: The remainder of this paragraph is deleted because the option is rejected.
VERMONT NOTE: Vermont does not choose this option. Caseload cost-of-living benefit changes are effected at a single time.
State agencies shall provide applicants with one of the following written notices as soon as a determination is made, but no later than 30 days after the date of the initial application.
If the application is denied, the State agency shall provide the household with written notice explaining the basis for the denial, the household's right to request a fair hearing, the telephone number of the Food Stamp Office, and, if possible, the name of the person to contact for additional information. If there is an individual or organization available that provides free legal representation, the notice shall also advise the household of the availability of the service. A household which is potentially categorically eligible but whose Food Stamp application is denied shall be asked to inform the State agency if it is approved to receive PA and/or SSI benefits or benefits from a State or local GA program. In cases where the State agency has elected to use a notice of denial when a delay was caused by the household's failure to take action to complete the application process, as provided in 273.2(h)(2), the notice of denial shall also explain:
If the State agency chooses the option specified in 273.2(h)(2) of reopening the application in cases where verification is lacking only if the household provides verification within 30 days of the date of the initial request for verification, the State agency shall include on the notice of denial the date by which the household must provide the missing verification.
If the application is to be held pending because some action by the State is necessary to complete the application process, as specified in § 273.2(h)(2), or the State agency has elected to pend all cases regardless of the reason for delay, the State agency shall provide the household with a written notice which informs the household that its application has not been completed and is being processed. If some action by the household is also needed to complete the application process, the notice shall also explain what action the household must take and that its application will be denied if the household fails to take the required action within 60 days of the date the application was filed.
VERMONT - Cases in which failure to complete the application process within 30 calendar days of DSW's receipt of an application is the fault of the household will not be held open. These cases will be denied at the end of the 30-calendar-day period.
The State agency shall provide households that have filed an application by the 15th of the last month of their certification period with either a notice of eligibility or a notice of denial by the end of the current certification period if the household has complied with all recertification requirements. The State agency shall provide households that have received a notice of expiration at the time of certification, and have timely reapplied, with either a notice of eligibility or a notice of denial not later than 30 days after the date of the household's initial opportunity to obtain its last allotment.
The procedures for handling income received from boarders by a household that does not own and operate a commercial boardinghouse are described in paragraph (b) of this section. For all other households receiving self-employment income, including those households that own and operate commercial boardinghouse, the State agency shall calculate the self-employment income as follows:
VERMONT NOTE: Households are not required to participate in the Monthly Reporting and Retrospective Budgeting (MRRB) System.
VERMONT - Elects not to offer households the option-to unevenly prorate self-employment income.
The proceeds from the sale of capital goods or equipment shall be calculated in the same manner as a capital gain for Federal income tax purposes. Even if only 50 percent of the proceeds from the sale of capital goods or equipment are taxed for Federal Income Tax purposes; the State Agency shall count the full amount of the capital gain as income for SNAP purposes.
iii[i]. Households that receive their annual support from self employment and have no other source of income may be certified for up to 12 months. For those households that receive other sources of income and whose self employment income is intended to cover a period of time that is less than a year, the State Agency shall assign a certification period appropriate for the household's circumstances.
iv[ii]. For those self employed households that receive their annual income in a short period of time, the initial certification period shall be assigned to bring the household into the annual cycle. For example, the State agency may provide for recertification at the time the household normally receives all or a majority of its annual income or the State agency may prefer to have the annual cycle coincide with the filing of the household's income tax.
Persons paying a reasonable amount for room and board as specified in 273.1(c) shall be excluded from the household when determining the household's eligibility and benefit level. The income of households owning and operating a commercial boarding house shall be handled as described in paragraph (a) of this section. For all other households, payments from the boarder, except foster care boarders as defined in 273.1(c) (6), shall be treated as self employment income and the household's eligibility determined as follows:
The income from boarders shall include all direct payments to the household for room and meals, including contributions to the household's shelter expenses. Shelter Expenses paid directly by boarders to someone outside of the household shall not be counted as income to the household.
In determining the income received from boarders, the State agency shall exclude the portion of the boarder payment that is a cost of doing business. The amount allowed as a cost of doing business shall not exceed the payment the household receives from the boarder for lodging and meals.
VERMONT NOTE: The remainder of 273.11(b)(1)(ii) has been deleted and replaced by a standards table that appears in the procedures manual in Section P-2590. This is in conjunction with a waiver granted to make the calculation of food stamp monthly income comparable to the calculation of ANFC monthly income.
The net income from self-employment shall be added to other earned income and a 20-percent earned income deduction shall be applied to the total. Shelter costs the household actually incurs, even if the boarder contributes to the household for part of the household's shelter expenses, shall be computed to determine if the household will receive a shelter deduction. However, the shelter costs shall not include any shelter expenses paid directly by the boarder to a third party, such as to the landlord or utility company.
Households deriving income from day care may elect one of the following methods of determining the cost of meals provided to the individuals:
VERMONT NOTE: Vermont is permitted by waiver to use current reimbursement amounts used in the Child and Adult Care Food Program, except where the household can demonstrate actual costs in excess of those amounts. Business expenses for providing day care meals are updated annually and listed in the procedures manual in Section P-2590.
During the period of time that a household member cannot participate because he/she is an ineligible alien, is ineligible because of disqualification for an Intentional Program Violation, is ineligible because of noncompliance with a work requirement of 273.7, is ineligible because of disqualification for failure or refusal to obtain or provide an SSN, is ineligible for failing to sign the application attesting to his or her citizenship or alien status, or is ineligible because a sanction has been imposed while he/she was participating in a household disqualified for failing to comply with workfare requirements, the eligibility and benefit level of any remaining household members shall be determined in accordance with the procedures outlined in this section.
The eligibility and benefit level of any remaining household members of a household containing individuals determined ineligible because of disqualification for intentional program violation, noncompliance with a work requirement of 273.7, or imposition of a sanction while they were participating in a household disqualified for failure to comply with workfare requirements shall be determined as follows:
The income and resources of the ineligible household member(s) shall continue to count in their entirety, and the entire household's allowable earned income, standard, medical, dependent care, child support and excess shelter deductions shall continue to apply to the remaining household members.
The ineligible member shall not be included when determining the household's size for the purposes of:
The eligibility and benefit level of any remaining household members of a household containing individuals determined to be ineligible for being an ineligible alien, or because of disqualification for refusal to obtain or provide an SSN shall be determined as follows:
The resources of such ineligible members shall continue to count in their entirety to the remaining household members.
A pro rata share of the income of such ineligible members shall be counted as income to the remaining members. This pro rata 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.
The 20-percent earned income deduction shall apply 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 and dependent care expenses which are either paid by or billed to the ineligible members shall be divided evenly among the households' members, including the ineligible member. All but the ineligible member's share is counted as a deductible child support payment, shelter or dependent care expense for the remaining household members.
Such ineligible members shall not be included when determining their household's sizes for purposes of:
Whenever an individual is determined ineligible within the household's certification period, the State agency shall determine the eligibility or ineligibility of the remaining household members based, as much as possible, on information in the case file.
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, the State agency shall 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 consolidation of the administrative disqualification hearing with the fair hearing.
If a household's benefits are reduced or terminated within the certification period because one or more of its members is an ineligible alien, is ineligible because a sanction has been imposed while he/she was participating in a household disqualified for failing to comply with workfare requirements, is ineligible because of noncompliance with a work requirement of 273.7, or is ineligible because he/she was disqualified for refusal to obtain or provide an SSN, the State agency shall issue a notice of adverse action in accordance with 273.13(a)(2), which informs 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.
Prior to certifying any residents for SNAP benefits, the State agency shall 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 (42.U.S.C. 300x et seq.)
VERMONT NOTE: Shall require the list on a monthly basis.
VERMONT NOTE: Cash out households shall complete verification and documentation prior to issuance of a second 3SquaresVT issuance.
VERMONT NOTE: For Cash-Out recipients, the treatment center shall return the EBT Card.
VERMONT NOTE: For Cash Out recipients, the treatment center shall return the EBT Card.
Homeless SNAP households shall be permitted to use their SNAP benefits to purchase prepared meals from homeless meal providers authorized by FNS under 278.1(h).
A household which consists of a resident or residents of a public institution(s) which applies for SSI under SSA's Pre-release Program for the Institutionalized shall be allowed to apply for SNAP benefits jointly with their application for SSI prior to their release from the institution. Such households shall be certified in accordance with the provisions of 273.1(e), 273.2(c), (g), (i), (i), and (k) and 273.10(a), as appropriate.
"Sponsored alien" means those aliens lawfully admitted for permanent residence into the United States as described in 273.4(a) (2). "Sponsor" means a person who executed an affidavit(s) of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission into the United States as a permanent resident. "Date of entry" or "Date of admission" means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.
VERMONT NOTE: PRWORA instructs the Attorney General of the United States to revise the affidavit of support that a sponsor signs on behalf of an alien to incorporate the changes mandated under PRWORA. Use of this revised form should begin sometime in the months following enactment of the PRWORA. Sponsor's income and resources should be considered as specified in this section for those sponsors who signed an affidavit prior to the form's revision. For those sponsors who signed a revised form, their income and resources should be considered as specified in Section 3, below.
Portions of the gross income and the resources of a sponsor and the sponsor's spouse (if living with the sponsor) shall be deemed to be the unearned income and resources of a sponsored alien for three years following the alien's admission for permanent residence to the United States. The spouse's income and resources will be counted even if the sponsor and spouse were married after the signing of the agreement.
In the event that an alien loses his/her sponsor during the three year limit on the sponsored alien provisions of this section and does not obtain another, the deemed income and resources of the previous sponsor shall continue to be attributed to the alien until such time as the alien obtains another sponsor or until the three year period for applying the sponsored alien provisions expires, whichever occurs first. However, should the alien's sponsor become deceased, the deemed income and resources of the sponsor shall no longer be attributed to the alien.
The gross income and the resources of a sponsor and the sponsor's spouse (if living with the sponsor) shall be deemed to be the unearned income and resources of a sponsored alien until the sponsored alien becomes a United States Citizen or meets the requirement at 273.4a (4). The spouse's income and resources will be counted even if the sponsor and spouse were married after the signing of the agreement.
The provisions of this paragraph do not apply to:
For a period of three years from the alien's date of entry or date of admission as a lawful permanent resident, the alien shall be responsible for:
If such information about other aliens for whom the sponsor is responsible is not provided to the State agency, the deemed income and resource amounts calculated shall be attributed to the applicant alien in their entirety until such time as the information is provided. The alien shall also be responsible for:
With respect to sponsors identified at 273.11(j)(3), until an alien obtains United States citizenship or earns 40 qualifying quarters of work (excluding any quarters beginning January 1, 1997, for which the alien received benefits under a federal means-tested program), the alien shall be responsible for providing the information required under 273.11(j)(5)(i),(ii), and (v).
While the State agency is awaiting receipt and/or verification from the alien of information necessary to carry out the provisions of paragraph (j)(2) of this section, the sponsored alien shall be ineligible until such time as all necessary facts are obtained.
The eligibility of any remaining household members shall be determined. The income and resources of the ineligible alien (excluding the deemed income and resources of the alien's sponsor and sponsor's spouse) shall be considered available in determining the eligibility and benefit level of the remaining household members in accordance with paragraph (c) of this section. If the sponsored alien refuses to cooperate in providing and/or verifying needed information, other adult members of the alien's household shall be responsible for providing and/or verifying information required in accordance with the provision of 273.2(d). If the information and/or verification is subsequently received, the State agency shall act on the information as a reported change in household membership in accordance with the timeliness standards in 273.12 or 273.21 as appropriate. If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as needed sponsor information is provided and/or verified. State agencies shall assist aliens in obtaining verification in accordance with the provisions of 273.2(f)(5).
The Secretary shall enter into an agreement with the Secretary of State and the Attorney General whereby they shall inform any sponsor of an alien and the alien, at the time the sponsor executes an affidavit of support or similar agreement on behalf of an alien, of the requirements of Section 1308 of Public Law 97 98. Under the agreement the Bureau of Consular Affairs of the State Department and local INS offices shall provide information to State agencies that is needed to carry out the provisions of this paragraph. This agreement shall set forth the specific information that must be released by all parties to facilitate identification of the alien and sponsor and enable state agencies to perform required verification of information supplied by the alien which is essential for eligibility determinations, as specified in paragraph (j)(5) of this section.
Prior to initiating collection action against the household of a sponsored alien for repayment of an over-issuance caused by incorrect information concerning the alien's sponsor or sponsor's spouse, the State agency shall determine whether such incorrect information was supplied due to inadvertent household error or act of intentional program violation on the part of the alien. If sufficient documentary evidence exists to substantiate that the incorrect information was provided in an act of intentional program violation on the part of the alien, the State agency shall pursue the case in accordance with 273.16 for intentional program violation disqualifications. The claim against the alien's household shall be handled as an inadvertent household error claim prior to the determination of intentional program violation by an administrative disqualification hearing official or a court of appropriate jurisdiction. If the State agency determines that the incorrect information was supplied due to misunderstanding or unintended error on the part of the sponsored alien, the claim shall be handled as an inadvertent household error claim in accordance with 273.18.
These actions shall be taken regardless of the current eligibility of the sponsored alien or the alien's household.
A State agency shall not increase SNAP benefits when a household's benefits received under another means-tested Federal, State, or Local welfare or public assistance program, which is governed by welfare or public assistance laws or regulations and which distributes public funds, have been decreased (reduced, suspended or terminated) due to any failure to comply with a requirement of the program that imposed the benefit decrease. This provision does not apply in the case of individuals or households subject to a SNAP work sanction imposed pursuant to 7 R 273.7(g)(2). State agency procedures shall adhere to the following minimum conditions:
The State agency shall take prompt action on all changes to determine the change affects the household's eligibility or allotment. However, during the certification period, the State agency shall not act on changes in the medical expenses of households eligible for the medical expense deduction which it learns of from a source other than the household and which, in order to take action, require the State agency to contact the household for verification. The State agency shall only act on those changes in medical expenses 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. Even if there is no change in the allotment, the State agency shall document the reported change in the case file, provided another change report form to the household, and notify the household of the receipt of the change report. If the reported change affects the household's eligibility or level of benefits, the adjustment shall also be reported to the household. The State agency shall also advise the household of additional verification requirements, if any, and state that failure to provide verification shall result in increased benefits reverting to the original allotment. The State agency shall document the date a change is reported, which shall be the date the State agency receives a report form or is advised of the change over the telephone or by a personal visit Restoration of lost benefits shall be provided to any household if the State agency fails to take action on a change which increases benefits within the time limits specified in paragraph (c)(1) of this section.
VERMONT - Households receiving food stamp cash-out benefits will receive a supplemental benefit through a direct deposit into their bank account or, if no account is available, via an electronic process known as electronic benefits transfer (EBT).
VERMONT NOTE - Verify changes that result in an increase in accordance with verification requirements in 273.2(f)(8)(ii).
If the State agency discovers that the household failed to report a change as required by paragraph (a) of this section and as a result, received benefits to which it was not entitled, the State agency shall file a claim against the household in accordance with § 273.18. If the discovery is made within the certification period, the household is entitled to a notice of adverse action if the household's benefits are reduced. A household shall not be held liable for a claim because of a change in household circumstances which it is not required to report in accordance with § 273.12(a)(1). Individuals shall not be disqualified for failing to report a change, unless the individual is disqualified in accordance with the disqualification procedures specified in § 273.16.
Certain changes are initiated by the State or Federal government which may affect the entire caseload or significant portions of the caseload. These changes include, but are not limited to, adjustments to the income eligibility standards, the shelter and dependent care deductions, The maximum Food Stamp allotment and the standard deduction; annual and seasonal adjustments to State utility standards; periodic cost-of-living adjustments to Retirement Survivors, and Disability Insurance (RSDI), Supplemental Security Income (SSI) and other Federal benefits; periodic adjustments to ANFC or GA payments; and other changes in the eligibility and benefit criteria based on legislative or regulatory changes.
VERMONT - The notice described in paragraph (e)(4) of this section will be sent.
VERMONT - Section ii deleted - no mass changes in GA.
The State agency shall establish procedures for making mass changes to reflect cost-of-living adjustments (COLAs) in benefits and any other mass changes under RSDI, SSI and other programs such as veteran's assistance under title 38 of the United States Code and the Black Lung Program, where information on COLA's is readily available and is applicable to all or a majority of those programs' beneficiaries. Households on retrospective budgeting but not monthly reporting shall have the change reflected in accordance with the State's system. Monthly reporting households shall report the change on the appropriate monthly report but are not required to report these types of changes outside the monthly report. The State agency shall handle such information provided on the monthly report in accordance with its normal procedures. Households not subject to monthly reporting shall not be responsible for reporting these changes. The State agency shall be responsible for automatically adjusting a household's food stamp benefit level. The change shall be reflected no later than the second allotment issued to nonmonthly reporting households issued after the month in which the change becomes effective.
When the State agency makes a mass change in food stamp eligibility or benefits by simultaneously converting the caseload or that portion of the caseload that is affected, or by conducting individual desk reviews in place of a mass change, it shall notify all households whose benefits are reduced or terminated in accordance with the requirements of this paragraph, except for mass changes made under § 273.12(e)(1); and
The household shall be entitled to request a fair hearing when it is aggrieved by the mass change.
A household which requests a fair hearing due to a mass change shall be entitled to continued benefits at its previous level only if the household meets three criteria:
VERMONT - not applicable to GA households, all references to GA in this section have been deleted.
Prior to any action to reduce or terminate a household's benefits within the certification period, the State agency shall, except as provided in paragraph (b) of this section, provide the household timely and adequate advance notice before the adverse action is taken.
VERMONT - Vermont will continue to give 10 day notices of adverse action.
Individual notices of adverse action shall not be provided when:
VERMONT - For instance, when a person applies for ANFC and Food Stamps in mid September he/she will receive a prorated ANFC grant for September and a full grant for October. The Food Stamp benefit will decrease for October reflecting the increased ANFC income. When the notice of certification explains the change in allotment for October a notice of adverse action for October is not needed.
VERMONT - Number 6 deleted as not applicable.
VERMONT - Number 8 is deleted as not applicable.
VERMONT NOTE: Adverse action notices will continue to be sent to households that voluntarily request in writing or in the presence of a caseworker, that participation be terminated.
The State agency may, at its option, send the household an adequate notice as provided in paragraph (b)(3) of this section when the household's address is unknown and mail directed to it has been returned by the post office indicating no known forwarding address.
VERMONT NOTE: Adequate notice will continue to be sent when the household's address in unknown and previously mailed items have been returned without a for warding address.
No household may participate beyond the expiration of the certification period assigned in accordance with 273.10(f) without a determination of eligibility for a new period. The State agency must establish procedures for notifying households of expiration dates, providing application forms, scheduling interviews, and recertifying eligible households prior to the expiration of certification periods.
Households must apply for recertification and comply with interview and verification requirements.
VERMONT NOTE: References to GA in this section has been deleted as not applicable.
VERMONT NOTE: References to monthly reporting in this section have been deleted as not applicable.
Information provided by the household shall be verified in accordance with 273.2(f)(8)(i). The State agency shall provide the household a notice of required verification as provided in 273.2(c)(5) and notify the household of the date by which the verification requirements must be satisfied. The household must be allowed a minimum of 10 days to provide required verification information. Any household whose eligibility is not determined by the end of its current certification period due to the time period allowed for submitting any missing verification shall receive an opportunity to participate, if eligible, within 5 working days after the household submits the missing verification.
Households which have submitted an application for recertification in a timely manner but, due to State agency error, are not determined eligible in sufficient time to provide for issuance of benefits by the household's next normal issuance date shall receive an immediate opportunity to participate upon being determined eligible, and the allotment shall not be prorated. If the household was unable to participate for the month following the expiration of the certification period because of State agency error, the household is entitled to restored benefits.
VERMONT NOTE: Vermont elects to use option A. e. Delayed Processing
A State agency is not required to apply the expedited service provisions of 273.2(i) at recertification if the household applies for recertification before the end of its current certification period.
Except as provided in § 271.7(f), each State agency shall provide a fair hearing to any household aggrieved by any action of the State agency which affects the participation of the household in the Program.
The State agency shall provide for a fair hearing at the State level.
Within 60 days of receipt of a request for a fair hearing, the State agency shall assure that the hearing is conducted, a decision is reached, and the household and local agency are notified of the decision. Decisions which result in an increase in household benefits shall be reflected in the coupon allotment within 10 days of the receipt of the hearing decision even if the State agency must provide a supplementary allotment outside of the normal issuance cycle. However, the State agency may take longer than 10 days if it elects to make the decision effective in the household's normal issuance cycle, provided that the issuance will occur within 60 days from the household's request for the hearing. Decisions which result in a decrease in household benefits shall be reflected in the next scheduled issuance following receipt of the hearing decision.
VERMONT - Numbers 2 and 3 deleted as we only have State level hearings.
The household may request and is entitled to receive a postponement of the scheduled hearing. The postponement shall not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed. For example, if a State level hearing is postponed by the household for 10 days, notification of the hearing decision will be required within 70 days from the date of the request for a hearing.
State agencies may respond to a series of individual requests for hearings by conducting a single group hearing. State agencies may consolidate only cases where individual issues of fact are not disputed and where related issues of State and/or Federal law, regulation or policy are the sole issues being raised. In all group hearings, the regulations governing individual hearings must be followed. Each individual household shall be permitted to present its own case or have its case presented by a representative.
At the time of application, each household shall be informed in writing of its right to a hearing, of the method by which a hearing may be requested, and that its case may be presented by a household member or a representative, such as a legal counsel, a relative, a friend or other spokesperson. In addition, at any time the household expresses to the State agency that it disagrees with a State agency action, it shall be reminded of the right to request a fair hearing. If there is an individual or organization available that provides free legal representation, the household shall also be informed of the availability of that service.
A household shall be allowed to request a hearing on any action by the State agency or loss of benefits which occurred in the prior 90 days. Action by the State agency shall include a denial of a request for restoration of any benefits lost more than 90 days but less than a year prior to the request. In addition, at any time within a certification period a household may request a fair hearing to dispute its current level of benefits.
A request for a hearing is defined as a clear expression, oral or written, by the household or its representative to the effect that it wishes to appeal a decision or that an opportunity to present its case to a higher authority is desired. If it is unclear from the household's request what action it wishes to appeal, the State agency may request that household to clarify its grievance. The freedom to make a request for a hearing shall not be limited or interfered with in any way.
The State agency shall not deny or dismiss a request for a hearing unless:
If the withdrawal request is an oral request, the state will provide a written notice to the household confirming the withdrawal request and provide the household with an opportunity to request another hearing.
The time, date, and place of the hearing shall be arranged so that the hearing is accessible to the household. At least 10 days prior to the hearing, advance written notice shall be provided to all parties involved to permit adequate preparation of the case. However, the household may request less advance notice to expedite the scheduling of the hearing. The notice shall:
Hearings shall be conducted by an impartial official(s) who: Does not have any personal stake or involvement in the case; was not directly involved in the initial determination of the action which is being contested; and was not the immediate supervisor of the eligibility worker who took the action. State level hearings shall be conducted by State level personnel and shall not be conducted by local level personnel.
The hearing authority shall be the person designated to render the final administrative decision in a hearing. The same person may act as both the hearing official and the hearing authority. The hearing authority shall be subject to the requirements specified in paragraph (m) of this section.
The hearing shall be attended by a representative of the State agency and by the household and/or its representative. The hearing may also be attended by friends or relatives of the household if the household so chooses. The hearing official shall have the authority to limit the number of persons in attendance at the hearing if space limitations exist.
The household may not be familiar with the rules of order and it may be necessary to make particular efforts to arrive at the facts of the case in a way that
makes the household feel most at ease. The household or its representative must be given adequate opportunity to:
The State agency is responsible for insuring that all final hearing decisions are reflected in the household's coupon allotment within the time limits specified in paragraph (c) of this section.
VERMONT - "t" deleted as not applicable.
The State agency should conduct administrative disqualification hearings in cases in which the State agency believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system, in cases previously referred for prosecution that were declined by the appropriate legal authority, and in previously referred cases where no action was taken within a reasonable period of time and the referral was formally withdrawn by the State agency. The State agency shall not initiate an administrative disqualification hearing against an accused individual whose case is currently being referred for prosecution or subsequent to any action taken against the accused individual by the prosecution or court of appropriate jurisdiction, if the factual issues of the case arise out of the same, or related, circumstances.
The State agency may initiate administrative disqualification procedures or refer a case for prosecution regardless of the current eligibility of the individual. For those persons not currently certified to participate in the program at the time of the administrative disqualification or court decision, the disqualification period shall take effect immediately after the individual applies for and is determined eligible for program benefits.
VERMONT - The Vermont Supreme Court has ruled, through Parrotte vs. DSW, that DSW cannot delay the imposition of a disqualification penalty until the individual applies for and is determined eligible for benefits.
VERMONT - Administrative disqualification hearings will be held, as Vermont is not exempt from the requirement.
VERMONT - Vermont will adopt the option of allowing accused individuals to waive their rights to administrative disqualification hearings and will not adopt the option of allowing accused individuals to sign disqualification consent agreements for cases of deferred adjudication.
For purposes of determining through administrative disqualification hearings whether or not a person has committed an intentional program violation, intentional program violations shall consist of having intentionally:
NOTE : Vermont does not use ATP's.
The State agency shall inform the household in writing of the disqualification penalties for intentional program violation each time it applies for program benefits. The penalties shall be written in clear, prominent, and boldface lettering on the application form.
The State agency shall conduct administrative disqualification hearings for individuals accused of intentional program violation in accordance with the requirements outlined in this section.
The State agency may combine a fair hearing and an administrative disqualification hearing into a single hearing if the factual issues arise out of the same, or related, circumstances and the household receives prior notice that the hearing will be combined. If the disqualification hearing and fair hearing are combined, the State agency shall follow the time frames for conducting disqualification hearings. If the hearings are combined for the purpose of settling the amount of the claim at the same time as determining whether or not intentional program violation has occurred, the household shall lose its right to a subsequent fair hearing on the amount of the claim. However, the State agency shall, upon household request, allow the household to waive the 30-day advance notice period required by paragraph (e)(3)(i) of this section when the disqualification hearing and fair hearing are combined.
VERMONT - Administrative disqualification hearings will be consolidated with fair hearings if the factual issues arise out of the same, or related circumstances.
VERMONT - Vermont intends to adopt the option of using the same hearing officials for disqualification hearings and fair hearings. This is the Human Services agency Fair Hearing Officers. For Fair Hearings, the Hearing Officer makes a recommendation to the Fair Hearing Board, and the Board makes the decision. For Administrative Disqualification Hearings, the Hearing Officer makes the decision. If rule changes are necessary for the Fair Hearing Board, the Department will designate an official to conduct the hearings until any required rule changes are accomplished.
VERMONT - The option of limiting the numbers of postponements to one has been adopted.
VERMONT - The rules of procedure for Vermont are as appear above in 273.16 (e)(2) including the referenced applicable procedures from fair hearing policy in 273.15(m)(n)(o)(p) & (q)(1).
VERMONT - The notice shall inform the household of its right to obtain a copy of the hearing procedures upon request.
VERMONT - In Vermont the Superior Court is the court of appropriate jurisdiction in which to seek relief from a disqualification hearing.
VERMONT - The Vermont Supreme Court has ruled, through Parrotte vs. DSW, that DSW cannot delay the imposition of a disqualification penalty until the individual applies for and is determined eligible for benefits.
NOTE : The last sentence of this paragraph has been deleted as not applicable.
VERMONT - This section is not applicable as Vermont has not chosen the option of providing local level hearings.
Each State agency shall have the option of establishing procedures to allow accused individuals to waive their rights to an administrative disqualification hearing. For State agencies which choose the option of allowing individuals to waive their rights to an administrative disqualification hearing, the procedures shall conform with the requirements outlined in this section.
VERMONT - The option of allowing individuals to waive their rights to an administrative disqualification hearing has been adopted.
VERMONT - The Vermont Supreme Court has ruled, through Parrotte vs. DSW, that DSW cannot delay the imposition of a disqualification penalty until the individual applies for and is determined eligible for benefits.
VERMONT - This section is not applicable as Vermont has not chosen the option of providing local level hearings.
Any State agency exempted from the requirement to establish an administrative disqualification system in accordance with paragraph (a) of this section shall refer appropriate cases for prosecution by a court of appropriate jurisdiction in accordance with the requirements outlined in this section.
VERMONT - Cases of alleged intentional program violation that are not considered appropriate for an administrative disqualification hearing will be referred for prosecution by a court of appropriate jurisdiction.
VERMONT - Cases of alleged intentional program violation are referred in accordance with State law.
VERMONT - The Vermont Supreme Court has ruled, through Parrotte vs, DSW, that DSW cannot delay the imposition of a disqualification penalty until the individual applies for and is determined eligible for benefits.
NOTE : How to determine the appropriate responsible household is discussed in 273.18f 2.
VERMONT NOTE: As required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, recipients are disqualified for two years for a first finding by a court that the recipient has illegally purchased controlled substances with food stamps, permanently for a second such finding, and permanently for the first finding by a court that the recipient has purchased firearms, ammunition, or explosives with food stamps.
If the court finds that the household member committed intentional program violation, the State agency shall provide written notice to the household member. The notice shall be provided prior to disqualification, whenever possible. The notice shall inform the household member of the disqualification and the date the disqualification will take effect. The State agency shall also provide written notice to the remaining household members, if any, of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. The procedures for handling the income and resources of the disqualified member are described in Section 273.11(c). In addition, the State agency shall provide the written demand letter for restitution described in 273.18(d)(3).
Each State agency shall have the option of establishing procedures to allow accused individuals to sign disqualification consent agreements for cases of deferred adjudication. State agencies are encouraged to use this option for those cases in which a determination of guilt is not obtained from a court due to the accused individual having met the terms of a court order or which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecutor. For State agencies which choose the option of allowing individuals to sign disqualification consent agreements in cases referred for prosecution, the procedures shall conform with the requirements outlined in this section.
VERMONT - Vermont has not chosen the option of allowing accused individuals to sign disqualification consent agreements for cases of deferred adjudication so the procedures outlined in 273.16(h)(1) through (h)(3) have been omitted as not applicable.
In cases where the determination of intentional program violation is reversed by a court of appropriate jurisdiction, the State agency shall reinstate the individual in the program if the household is eligible. The State agency shall restore benefits that were lost as a result of the disqualification in accordance with the procedures specified in Section 273.17(e).
If the State agency determines that a loss of benefits has occurred, and the household is entitled to restoration of those benefits, the State agency shall automatically take action to restore any benefits that were lost. No action by the household is necessary. However, benefits shall not be restored if the benefits were lost more than 12 months prior to the month the loss was discovered by the State agency in the normal course of business, or were lost more than 12 months prior to the month the State agency was notified in writing or orally of a possible loss to a specific household. The State agency shall notify the household of its entitlement, the amount of benefits to be restored, any offsetting that was done, the method of restoration, and the right to appeal through the fair hearing process if the household disagrees with any aspect of the proposed lost benefit restoration.
After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the 12-month time limits described in paragraphs (b) and (c) of this section, the State agency shall calculate the amount to be restored as follows:
Individuals disqualified for intentional program violation are entitled to restoration of any benefits lost during the months they were disqualified not to exceed 12 months prior to the date of State agency notification, only if the decision which resulted in disqualification is subsequently reversed. For example, an individual would not be entitled to restoration of lost benefits for the period of disqualification based solely on the fact that a criminal conviction could not be obtained, unless the individual successfully challenged the disqualification period imposed by an administrative disqualification in a separate court action. For each month the individual was disqualified, not to exceed 12 months prior to State agency notification, the amount to be restored, if any, shall be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference equals the amount to be restored. Participation in an administrative disqualification hearing in which the household contests the State agency assertion of intentional program violation shall be considered notification that the household is requesting restored benefits.
Regardless of whether a household is currently eligible or ineligible, the State agency shall restore lost benefits to a household by issuing an allotment equal to the amount of benefits that were lost. The amount restored shall be issued in addition to the allotment currently eligible households are entitled to receive. The State agency shall honor reasonable requests by households to restore lost benefits in monthly installments if, for example, the household fears the excess coupons may be stolen, or that the amount to be restored is more than it can use in a reasonable period of time.
VERMONT - Restoration for Cash-Out households shall be by food stamp check.
Whenever lost benefits are due a household and the household's membership has changed, the State agency shall restore the lost benefits to the household containing a majority of the individuals who were household members at the time the loss occurred. If the State agency cannot locate or determine the household which contains a majority of household members the State agency shall restore the lost benefits to the household containing the head of the household at the time the loss occurred.
Each State agency shall be responsible for maintaining an accounting system for documenting a household's entitlement to restoration of lost benefits and for recording the balance of lost benefits that must be restored to the household. Each State agency shall at a minimum, document how the amount to be restored was calculated and the reason lost benefits must be restored. The accounting system shall be designed to readily identify those situations where a claim against a household can be used to offset the amount to be restored.
A recipient claim is an amount owed because of benefits that are overpaid or trafficked. Trafficking is defined in 271.2. The claim is a federal debt that must be established and collected in accordance with these rules and other federal regulations governing federal debts.
The following individuals are responsible for paying a claim:
* each person who was an adult member of the household when the overpayment or trafficking occurred;
* a sponsor of an alien household member, if the sponsor is at fault; or
* a person connected to the household, such as an authorized representative, who actually trafficks or otherwise causes an overpayment or trafficking.
There are three types of claims:
* The household unintentionally failed to provide the department with correct or complete information.
* The household unintentionally failed to report to the department changes in household circumstances.
* The household unintentionally received benefits or more benefits than it was entitled to receive pending a fair hearing decision because the household requested a continuation of benefits based on the mistaken belief that it was entitled to such benefits.
* The household was receiving food stamps solely because of categorical eligibility and the household was subsequently determined ineligible for Reach Up or SSI/AABD at the time it received it.
* The department failed to take prompt action on a change reported by the household.
* The department incorrectly computed the household's income or deductions, or otherwise assigned an incorrect allotment.
* The department continued to provide a household food stamp allotments after its certification period had expired without benefit of a reapplication determination.
* The department failed to provide a household a reduced level of food stamp benefits because its Reach Up grant changed.
* The department took an action or failed to take an appropriate action, which resulted in the household improperly receiving Reach Up.
For each month that a household received an overpayment of food stamp benefits for any type of claim, the department must determine the correct amount of food stamp benefits, if any, the household was entitled to receive.
For AE and IHE claims, the department must calculate the correct amount of food stamp benefits the household was entitled to receive back to at least 12 months prior to the date when the department became aware of the overpayment. IPV claims must be calculated back to the month the violation first occurred. The date the department first becomes aware of a potential overpayment is the date when department staff receive information of a potential claim from the recipient, a quality control error, a change report, or unverified discrepant information, such as a computer match.
Overpayments that occurred more than six years before the department became aware of them shall not be included in the calculation of the claim.
The steps for calculating a claim are as follows.
If the food stamp benefit has been underpaid, the benefit should be adjusted upward and the increase should be paid to the household, in accordance with 273.17b.
If the food stamp benefit has been overpaid, the benefit should be adjusted downward and a claim against the household should be established.
* If the income is from sources previously verified, the claim should be calculated back to the month following the month of verification or 12 months preceding the date the department first became aware of the potential overpayment, whichever period is shorter.
* If the income is from a source not previously verified, the claim should be calculated back to the date of certification or recertification or 12 months preceding the date the department first became aware of the potential overpayment, whichever period is shorter.
* In cases where available information provides a more accurate calculation of the receipt of excess income, the claim should be calculated using that information.
If the claim is not paid and the recipient is found eligible at a later date within three years of the date the initial collection action was suspended, the amount should be collected. If the household asserts at the time of the renewed collection that the claim estimate is excessive, the household must provide the missing information needed to calculate an accurate claim.
Claims arising from trafficking-related offenses will be the value of the trafficked benefits as determined by:
* the individual's admission,
* adjudication, or
* the documentation that forms the basis for the trafficking determination.
Claim referrals shall be managed using the following processing standards:
* For claims not involving a potential intentional program violation, the claim should be established within 180 days of the date of discovery.
* For claims involving a potential intentional program violation, a referral for fraud investigation should be made within 60 days of the date of discovery.
Once the claim has been referred for an investigation, claims not involving a referral to the appropriate state's attorney or assistant attorney general for prosecution or to an administrative disqualification hearing (ADH) should be established within 180 days.
Claims involving a referral for prosecution or to an ADH should be established, if appropriate, within 30 days of the date of resolution of the referral for prosecution or ADH.
Claims under investigation by the fraud unit or referred to the state's attorney for prosecution shall not be pursued while the investigation or prosecution is pending.
Claims not referred for prosecution after completion of the investigation shall be pursued for collection. The fraud chief will send a memo to the district advising of the status of the case referred for investigation and when it is appropriate to begin collection.
The date of discovery of a claim is the date that district or claims unit staff determines there is foundation for a claim and the department considers it is more likely than not that an overpayment has occurred.
Collection action on all claims must begin unless the claim is being collected from an EBT account in accordance with 273.18f 2.
The department shall not establish any claim for $ 125 or less for households not currently participating in the Food Stamp Program, unless the claim has already been established or, as required by federal regulations, the overpayment is discovered in a quality control review.
The department shall establish claims for $ 125 or less against a household currently participating in the program.
The department may develop additional cost-effectiveness criteria, subject to approval by FNS.
The claim will be considered established for tracking purposes as of the date of the initial demand letter or written notification.
Any repayment agreement for any claim must contain due dates or time frames for the periodic submission of payments. The agreement must specify that the household will be subject to involuntary collection action if payment is not received by the due date and the claim becomes delinquent.
A claim shall be considered delinquent if one of the following conditions is met.
* The claim has not been paid by the due date, and a satisfactory payment arrangement has not been made. The date of delinquency is the due date on the initial written notification or demand letter. The claim will remain delinquent until payment is received in full, a satisfactory payment agreement is negotiated, or allotment reduction is invoked.
* A payment arrangement has been established, and a scheduled payment has not been made by the due date. The date of delinquency is the due date of the missed installment payment. The claim will remain delinquent until payment is received in full, allotment reduction is invoked, or the department decides to either resume or renegotiate the repayment schedule.
A claim will not be considered delinquent, however, if another claim for the same household is currently being paid through an installment agreement or allotment reduction and the department expects to begin collection on the claim once the prior claim is settled.
A claim is not subject to the requirements for delinquent debts if the delinquency status cannot be determined because collection is coordinated through the court system.
A claim awaiting a fair hearing decision shall not be considered delinquent.
If the hearing official determines that a claim does, in fact, exist against the household, the household must be notified of the claim again. The demand for payment may be combined with the notice of the hearing decision. Delinquency must be based on the due date of this hearing. If the hearing official determines that a claim does not exist, the claim is terminated in accordance with paragraph (e)(8) of this section.
The department may choose to compromise (reduce or eliminate) a claim or any portion of a claim if it can be reasonably determined that a household's economic circumstances dictate that the claim will not be paid in three years. The full amount of the claim (including any amount compromised) may be used to offset benefits in accordance with 273.17. If the claim becomes delinquent, the department may reinstate any compromised portion of the claim.
A terminated claim is a claim for which all collection action has ceased. A written-off claim is a terminated claim no longer considered subject to continued federal and state agency collection and reporting requirements.
A terminated claim the department finds was established in error must be dismissed, and the event should be reflected as a balance adjustment rather than a termination, unless it is appropriate to pursue the overpayment as a different type of claim (e.g., as an IHE rather than an IPV claim).
The department shall terminate and write off claims according to the following rules:
The department shall collect claims by the following methods.
For households receiving food stamp benefits, the department shall collect claims by reducing their monthly allotments. Such allotment reductions must be made in accordance with the following requirements:
Allotment reduction collections from two separate households for the same claim may be made but are not required. Other collection methods against any individual who is not a current member of the household undergoing allotment reduction may be pursued. Total collections from two separate households for the same claim will not exceed the total amount of the claim.
* obtain written permission in accordance with paragraph f 2iii of this section; or
* obtain oral permission, if the collection is a one-time reduction, and provide the household with a receipt of the transaction within 10 days.
* provide written notification to the household of the intent to apply the benefits to the outstanding claim; and
* give the household at least 10 days to notify the department that it does not want to have the benefits applied to the outstanding claim.
Restored benefits owed to a household must be reduced by the amount of any outstanding claim. This may be done at any time during the claim establishment and collection process.
Both full and partial payments for a claim must be accepted. The payment may be in cash or any of its generally acceptable equivalents, such as check or money order. The department shall also accept paper food coupons. Payments may be made by credit or debit cards, provided the department is able to process them.
Installment payments made for a claim as part of a negotiated repayment agreement may be accepted. The payment may be in cash or any of its generally acceptable equivalents, such as check or money order. The department shall also accept paper food coupons. Payments may be made by credit or debit cards, provided the department is able to process them.
If a household fails to submit a payment in accordance with the terms of the negotiated repayment schedule, the claim becomes delinquent and subject to additional collection actions.
The department may intercept an individual's unemployment compensation benefits for the collection of any claim, if the individual agrees. This collection option may be included as part of a repayment agreement.
The department may also intercept an individual's unemployment compensation benefits by obtaining a court order.
If authorized by a District court, the household may pay the value of a criminally prosecuted claim by performing public service. The applicable value of such court-authorized public service shall be based on the prevailing Vermont minimum hourly wage, unless otherwise specified by the court.
Other actions that may be used to collect claims include, but are not limited to, referrals to collection agencies or other similar private and public sector agencies, state tax refund and lottery offsets, and referral to small-claims court or the Treasury's Offset Programs (TOP).
Prior to instituting other allowable collection actions under this subsection that may not be cost-effective because of the household's limited assets and the costs associated with the collection action, the department shall develop criteria for determining cost-effectiveness, which may be subject to approval by FNS.
A joint collection is money received in response to an effort to collect a combined claim for the Food Stamp Program and one or more other programs. In an unspecified joint collection, the debtor does not specify to which program to apply the collection. In this case, each program must receive its pro rata share of the collection based on its pro rata share of the combined claim.
If a household overpays a claim, the department must provide a refund for the overpaid amount as soon as possible but no later than within 30 days after the overpayment is discovered. The department shall determine the appropriate method of refund. A household is not entitled to a refund if the overpaid amount is attributed to expunged EBT benefit.
The department is responsible for initiating and continuing collection action on any food stamp recipient claim. Unless another state has accepted the claim, the department remains responsible even if the household moves out-of-state.
A claim may be accepted from an agency in another state if the household with the claim moves into Vermont. Once the PATH department accepts the claim, it is responsible for future collection and reporting.
The department may act on behalf of the FNS in any bankruptcy proceeding against a bankrupt household with outstanding recipient claims.
The Federal Treasury Offset Program (TOP) intercepts federal payments that are to be made to individuals with delinquent claims. The sources for these offsets are primarily federal income tax refunds and federal salaries.
Any eligible federal payment owed to debtors whose claims are referred to TOP may be intercepted through TOP. Debtors may be responsible for paying any collection or processing fees charged by the federal government to intercept their payment.
A claim must be removed from TOP if:
Not applicable in Vermont.
VERMONT NOTE : The State Agency chooses not to require any household to participate in the Monthly Reporting and Retrospective Budgeting (MRRB) System.
This section contains rules which are to be followed in operating a Food Stamp Workfare Program. Under this program, nonexempt Food Stamp recipients may be required to perform work in a public service capacity as a condition of eligibility to receive the coupon allotment to which their household is normally entitled. The primary goal of workfare is to improve employability and enable individuals to move into regular employment.
Workfare job slots may only be located in public or private, nonprofit agencies. Contractual agreements must be established between the operating agency and organizations providing jobs which include but are not limited to designation of the slots available and designation of responsibility for provision of benefits, if any are required, to the workfare participant.
The operating agency shall notify the State agency of noncompliance by a household with a workfare obligation when it has determined that the household did not have good cause for the non-compliance. This notification shall occur within five days of such determination so that the State agency may make a final determination as provided in paragraph (d)(4) of this section.
Notices shall be established to be used as follows:
The operating agency shall be responsible for providing information needed by the State agency to fulfill the reporting requirements stated in paragraph (d)(6) of this section.
The provisions of § 272.1(c) restricting the use and disclosure of information obtained from Food Stamp households shall be applicable to the administration of the workfare program.
The operating agency may establish a system for handling complaints filed by workfare participants regarding their working conditions, perceived noncompliance by job sites with the provisions of this section, or any other area related to their workfare participation. This procedure need not handle complaints that can be pursued through a fair hearing nor may choosing not to use this procedure preclude a participant from requesting a fair hearing. If established, a description of this system shall be included in the workfare plan. Complaints which have not been resolved through this system and those against the operating agency shall be forwarded to the State agency and handled by the State agency according to the provisions of § 271.6. Workfare participants shall be informed of the grievance procedure.
Household members subject to the work registration requirements as provided in § 273.7(a) shall also be subject to the workfare requirements. In addition:
The maximum total number of hours of work required of a household each month shall be determined by dividing the household's coupon allotment by the Federal or State minimum wage, whichever is higher. Fractions of hours of obligation may be rounded down. The household's hours of obligation for any given month may not be carried over into another month except when the household wishes to end a disqualification due to noncompliance with workfare in accordance with paragraph (f)(8) of this section.
The State agency or political subdivision submitting the plan shall indicate in the plan how it will determine priority for placement at job sites when the number of eligible participants is greater than the number of available positions at job sites.
The operating agency may establish a job search period of up to 30 days following certification prior to making a workfare assignment during which the potential participant is expected to look for a job. This period may only be established at household certification, not at recertification. The potential participant would not be subject to any job search requirements beyond those required under § 273.7 during this time.
Participants shall be reimbursed by the operating agency for transportation and other costs that are reasonably necessary and directly related to participation in the program. These other costs may include the cost of child care, or the cost of personal safety items or equipment required for performance of work if these items are also purchased by regular employees. These other costs shall not include the cost of meals away from home. No participant cost which has been reimbursed under a workfare program operated under Title IV of the Social Security Act or any other workfare program shall be reimbursed under the Food Stamp workfare program. Only reimbursement of participant costs which are up to but not in excess of $ 25 per month for any participant will be subject to Federal cost shating as provided in paragraph (g)(1) of this section. Child care costs which are reimbursed may not be claimed as expenses and used in calculating the child care deduction for determining household benefits. Pursuant to paragraph (d)(1) of this section, a State agency may decide what its reimbursement policy shall be.
For the purpose of this section, unless a State agency has determined its good cause policy pursuant to paragraph (d)(1) of this section, good cause shall include:
The income and resources of the household member(s) disqualified for noncompliance with workfare shall count in their entirety, and the entire household's allowable earned income, standard, medical, dependent care and excess shelter deductions shall apply to the remaining household members.
An individual disqualified for noncompliance with workfare shall not be included when determining the household's size for the purpose of assigning a benefit level to the household or of comparing the household's monthly income with income eligibility standards. The State agency shall ensure that no household's coupon allotment is increased as a result of the disqualification of one or more household members for workfare noncompliance.
Each household has a right to a fair hearing to appeal a denial or termination of benefits due to a State agency determination of failure to comply with the requirements of this section. The fair hearing requirements provided in 273.15 shall apply. If a fair hearing is scheduled, the operating agency shall be available to participate in the hearing. The State agency shall provide the operating agency sufficient advance notice to permit the attendance of an operating agency representative.
Following the end of the two-month disqualification period for noncompliance with the workfare provisions of this section, a household may resume participation in the program if it applies again and is determined eligible. Eligibility may be re-established during a disqualification period and the household shall (if it makes application and is determined otherwise eligible) be permitted to resume participation if the member who failed to comply or any other workfare-eligible member of the household satisfies all outstanding workfare obligations. A workfare position shall be made available for a household which wishes to end disqualification in this manner.
If a benefit overissuance is discovered for a month or months in which a participant has already performed a workfare or work component requirement, the State agency shall follow claim recovery procedures specified below.
Fifty percent of all administrative costs incurred by State agencies or political subdivisions in operating a workfare program shall be funded by the Federal government. Such costs include those related to recipient participation in workfare, up to $ 25 per month for any participant, as indicated in paragraph (f)(4) of this section. Such costs shall not include the costs of equipment, capital expenditures, tools or materials used in connection with the work performed by workfare participants, the costs of supervising workfare participants, the costs of reimbursing participants for meals away from home, or reimbursed expenses in excess of $ 25 per month for any participant.
The State agencies shall have responsibility for disbursing Federal funds used for the workfare program through the State agencies' Letters of Credit. The State agency shall also assure that records are being maintained which support the financial claims being made to FNS. This will be for all programs, regardless of who submits the plan. Mechanisms for funding local political subdivisions which have submitted plans must be established by the State agencies.
Workfare-related costs shall be identified by the State agency on the Financial Status Report (Form SF-269) as a separate column. All financial records, supporting documents, statistical records, negotiated contracts, and all other records pertinent to workfare program funds shall be maintained in accordance with § 277.12.
State agencies and political subdivisions may operate workfare programs as provided in this section jointly with a workfare program operated under Title IV of the Social Security Act to the extent that provisions and protections of the statute are maintained or with other workfare programs operated by the subdivision to the extent that the provisions and protections of this section are maintained. Statutory provisions include, but are not limited to, eligible recipients as provided in paragraph (e)(1) of this section, maximum hours of work per week as provided in paragraph (f)(2)(i) of this section and the penalty for noncompliance as provided in paragraph (f)(6)(i) of this section. When a household receives benefits from more than one program with a workfare requirement and the household is determined to have a Food Stamp workfare obligation, the Food Stamp obligation may be combined with the obligation from the other program. However, this may be done only to the extent that eligible Food Stamp workfare participants are not required to work more than 30 hours a week in accordance with paragraph (f)(2)(i) of this section. Any intent to coordinate programs should be described in the plan. Waivers of provisions in this section, for the purpose of operating workfare jointly with local general assistance workfare-type programs may be requested and provided in accordance with § 272.3(c). Statutory provisions shall not be waived.
State agencies and political subdivisions may operate workfare programs whereby participation by Food Stamp recipients is voluntary. In such a program, the penalty for failure to comply as provided in paragraph (f)(6) of this section shall not apply for noncompliance. The amount of hours to be worked will be negotiated between the household and the operating agency though not to exceed the limits provided under paragraph (f)(2) of this section. In addition, all protections provided under paragraph (f)(2) of this section shall continue to apply. Those State agencies and political subdivisions choosing to operate such a program shall indicate in their workfare plan how their staffing will adapt to anticipated and unanticipated levels of participation. The Department will not approve plans which do not show that the benefits of the workfare program, in terms of hours worked by participants and reduced Food Stamp allotments due to successful job attainment, are expected to exceed the costs of such a program. In addition, if the Department finds that an approved voluntary program does not meet this criteria, the Department reserves the right to withdraw approval. Section 280 Emergency Food Stamp Assistance for Disaster Victims.
Authority to designate a disaster area an authorize use of emergency Food Stamp assistance is reserved to the Food and Nutrition Services of USDA. The Commissioner of Social Welfare may request such designation upon determination that disaster conditions appear to exist. Temporary emergency standards of eligibility may then be established to allow victims of a disaster to purchase adequate, nutritious food with emergency food coupon allotments.
Eligibility of households for emergency food stamp assistance shall be determined by the usual eligibility determination staff and the State Agency may, with USDA approval, designate a disaster relief agency to assist, if needed, with eligibility determinations. Emergency food stamp assistance operations shall be coordinated at all appropriate levels with other agencies assigned responsibility for the State's Disaster Relief Plan.
The Secretary shall, after consultation with the official empowered to exercise the authority provided for by section 302(a) of the Disaster Relief Act of 1974, establish temporary emergency standards of eligibility for the duration of the emergency for households who are victims of a disaster which disrupts commercial channels of food distribution, if such households are in need of temporary food assistance and if commercial channel of food distribution have again become available to meet the temporary food needs of such households. Such standards as are prescribed for individual emergencies may be promulgated without regard to section 4(c) of this Act or the procedures set forth in section 553 of Title 5 of the United States Code. In addition to establishing temporary emergency standards of eligibility, the Secretary shall provide for emergency allotments to eligible households to replace food destroyed in a disaster. Such emergency allotments would be equal to the value of the food actually lost in such disaster but not greater than the applicable maximum monthly allotment for the household size.
VERMONT NOTE:
A disaster area is a geographic area, either contained within or equivalent to an ongoing Food Stamp project area, the residents of which have been adversely affected by one of the following:
A district director may initiate action to request designation of a disaster area by telephoning appropriate information to the Family Services Division Director. Supporting documentation shall be furnished for use in written application to USDA.
Upon approval of formal disaster area designation and authorization of Emergency Food Stamp Assistance by USDA/FNS, the department's central office will establish and provide operating procedures and logistical support to the district office involved, through adaptation of the prefiled disaster reaction plan to the specific disaster conditions or needs of the designated areas.
Temporary standards of eligibility and simplified certification procedures shall apply to all residents of a disaster area for which FNS has authorized provision of emergency Food Stamp assistance.
An individual or group shall be determined eligible for temporary Food Stamp assistance if the following criteria are met:
Simplified application forms shall be provided to obtain necessary information for eligibility determination procedures.
The amount of a household's emergency food coupon allotment shall be the zero net income coupon allotment currently authorized under normal issuance standards for a household of corresponding size.
Allotments shall be authorized in one-half or full month increments, whichever period corresponds to the authorized duration of emergency food stamp assistance in the area. Allotments may not exceed one full month. If emergency food stamp assistance authorization is subsequently extended beyond the initial period, appropriate additional allotments may be authorized for eligible households.
Initial designation of a disaster area eligible for emergency food stamp assistance shall not exceed 30 days. If, however, it appears that effects of the disaster will continue beyond the initial 30 days, extension for specific additional periods of time may be requested of and authorized by FNS.
Following the disaster and emergency issuance period, Food Stamp eligibility may continue for all households which meet normal ongoing eligibility criteria, including appropriate consideration of deductible personal and casualty loss expenses.
Temporary coupon issuance arrangements may be provided, when necessary, in coordination with overall disaster relief operations, including but not limited to establishment of temporary and/or mobile issuance centers, provision for additional supplies, coupon inventories and personnel for regular issuance outlets. Appropriate precautions for safeguarding and accounting for food coupons will be observed.
Appendix 7 R Subject Directory.
Food Stamp Eligibility
SUBJECT | REGULATION 7 CFR $S _____ |
Adverse action, notice of | 273.13 |
See also, "Notice of Adverse | |
Action" | |
Aid reduction, prohibition | 271.1(b) |
Alcoholics: eligibility, benefits, etc. | 273.11(e) |
for residents of treatment centers | |
:expedited service | 273.2(i)(3) |
Alcoholic Treatment Centers, as | 273.1(e)(2) |
authorized representatives | |
Aliens: awaiting verification | 273.4(d) |
:eligible | 273.4(a)(2-6) |
:ineligible | 273.1(b)(4) |
273.4(b) | |
:ineligible, income and | 273.4(c) |
resources of, | |
:verification of status | 273.2(f)(1)(ii) |
Alimony payments, as income | 273.9(b)(2)(iii) |
Allotment, definition | 271.2 |
Annuities, as income | 273.9(b)(2)(ii) |
Anticipated expenses | 273.10(d)(4) |
Anticipated income | 273.10(c)(1) |
Application form: definition | 271.2 |
:FNS form | 273.2(c) |
ATP: claims | 273.18(a) |
:Fraud | 273.16(b) |
Attendants, live-in | 273.1(b)(3) |
Authorization to Participate Card; | |
: definition | 271.2 |
: penalty for misuse | 271.5(b) |
Authorized representative, processing | 273.1(f)(2) |
Automobile, See "Licensed Vehicles" | |
Bankruptcy, as discharge of claim | 273.18(g) |
against household | |
BENDEX, use in verification | 273.2(f)(7) |
Benefit level, determination of, | 273.10 |
in general | |
Benefit level, with disqualified | 273.11(c)(4) |
members | |
Benefits pending hearing: generally | 273.15(k) |
:as overpayment | 273.18(a)(8) |
:waiver of | 273.15(k) |
Bi-lingual requirements: | 272.1(g)(vii) |
implementation | |
:requirements in general | 272.4(c) |
BOARDERS | |
:generally | 273.11(b) |
:as households | 273.11(b)(2) |
:as non-household members | 273.1(b)(2) |
:definition | 273.1(b)(2) |
:income from | 273.11(b)(1)(i) |
Boarding house | 273.1(c) |
Burial plot, as excluded resource | 273.8(e)(2) |
Capital gains, as self-employment | 273.11(a)(3) |
income | |
SUBJECT REGULATION | |
CERTIFICATION | |
:generally Part | 273 |
:continuation when household | 273.19 |
moves out of state | |
Certification notices | |
:generally | 273.10(g) |
:initial certification | 273.10(g)(1) |
:recertification | 273.10(g)(2) |
Certification Period Expiration | 273.14(b) |
notice of | |
CERTIFICATION PERIODS | |
:generally | 273.10(f) |
:elderly households | 273.10(f)(5) |
:PA/GA households | 273.10(f)(2) |
:self-employment households | 273.10(f)(6) |
273.11(a)(5) | |
:stable income households | 273.10(f)(4) |
:unemployable households | 273.10(f)(5) |
CETA allowances, as income | 273.9(b)(1)(iii) |
Changes: failure to report | 273.12(d) |
:household responsibility | 273.12(a) |
to report | |
:mass | 273.12(e) |
:PA and GA benefit levels | 273.12(f) |
:reporting in general | 273.12 |
:State Agency action on | 273.12(c) |
:verification | 273.2(f)(9)(ii) |
Child care deduction | 273.9(d)(3) |
Child support payments, as income | 273.9(b)(2)(iii) |
Child support payments transferred | 273.9(b)(4)(ii) |
to IV-D Agency, not income | |
Citizenship: requirement | 273.4(a) |
:verification | 273.2(f)(2)(ii) |
CLAIMS AGAINST HOUSEHOLDS: | |
:generally | 273.18 |
:accounting procedures | 273.18(h) |
:bankruptcy as discharge of | 273.18(g) |
:benefits obtained pending | 273.18(a)(8) |
hearing | |
:fraud | 273.18(c) |
:methods of collecting | 273.18(e) |
:non-fraud | 273.18(b) |
:suspending collection of | 273.18(c)(3,4) |
fraud claims | |
:suspending collection of | 273.18(b)(4,5) |
non-fraud claims | |
Collateral Contacts for verification | 273.2(f)(4)(ii) |
Complaint procedure: generally | 271.6 |
:FNS Regional Office responsibility | 271.6(b) |
:State Agency responsibility | 271.6(a) |
(reserved) | |
Comprehensive Employment Training Ace | |
See "CETA" | |
Consumer Price Index, annual | 273.19 |
adjustment to eligibility standards | |
SUBJECT REGULATION | |
Continuation of benefits for | 273.19 |
relocating households | |
Continuation of benefits pending fair | 273.15(k) |
hearing. See also, "Benefits | |
pending fair hearing" and "Fair | |
hearing, benefits pending" | |
Cooperation, household | 273.2(d) |
Cost-of-living, adjustment to | 273.9(a)(2) |
eligibility standards | |
Coupons: definition | 271.2 |
:as income | 272.1(a) |
:issuers, penalties to | 271.5(d) |
:lost in the mail 274.3(c) | |
:obligations of U.S. | 271.5(a) |
:penalties for misuse of | 271.5(b) |
:replacement of | 273.11(f) |
:security for, and ATP's | 271.5(c) |
CSA/CIP "fuel loan" payments, as | 273.9(c)(10)(v) |
excluded income | |
Deductions, see "Income Deductions" | |
Definitions | 271.2 |
Delays in processing | 273.2(h) |
Delegation of authority: to FNS | 271.3 |
for administration | |
:to State Agencies for | 271.4 |
Administration | |
Denial of application for Food Stamps | 273.2(g)(3) |
Denial of application, notice of | 273.10(g)(1)(ii) |
Dependent care deduction | 273.9(d)(3) |
Destitute households: determination of | 273.10(e)(3) |
:expedited service | 273.2(i)(1)(ii) |
273.2(i)(3)(i) | |
Disaster relief payments, as | 273.8(e)(7) |
excluded resource | |
Disaster Stamp Program - See Emergency | |
Disclosure of information | 272.1(c) |
Disqualification: work registration | 273.7(f)(1) |
requirement (except students) | 273.7(f)(1) |
:work registration requirement | 273.7(f)(2) |
(students) | |
:transfer of resources | 273.8(i) |
Disqualified individuals | |
:as non-household members | 273.1(b)(7) |
:income and resources of, | 273.11(c) |
treatment of | |
:reduction or termination | 273.11(c)(5) |
of benefits | |
:resources of | 273.8(j) |
Dividends, as income | 273.9(b)(2)(iv) |
Drug addicts | |
:ineligible in treatment centers | 273.1(e)(2) |
:expedited service | 273.2(i)(3)(ii) |
Drug/alcohol treatment centers | 273.1(e)(2) |
as authorized representatives | |
Earned income deduction | 273.9(d)(2) |
Educational loans, as excluded income | 273.9(c)(3) |
Elderly households, certification | 273.10(f)(5) |
period | |
Elderly person, definition | 271.2 |
SUBJECT REGULATION | |
Eligibility | |
:determination of, in general | 273.10 |
:effect of disqualified members | 273.11(c)(4) |
:net monthly income limits | 273.9(a) |
:notice of | 273.10(g)(1)(i) |
Emergency Food Stamp Assistance | 280 |
for disaster victims | |
:Disaster area | 280(a) |
:Temporary Standards of Eligibility | 280(b) |
:Amount and Duration of Benefits | 280(c) |
:Emergency Coupon Issuance | 280(d) |
EPR, implementation | 272.1(g)(i),(ii) |
272.1(g)(x) | |
Errors discovered by State Agency, | 273.17(b) |
restoration of lost benefits | |
Excess shelter deduction | 273.9(d)(4) |
Excluded income, see Income Exclusions | |
Expedited service, generally | 273.2(i) |
:identifying households | 273.2(i)(2) |
Expenses anticipated | 273.10(d)(4) |
FAIR HEARINGS: generally | 273.15 |
:attendance | 273.15(o) |
:availability | 273.15(a) |
:agency conference | 273.15(d) |
:benefits pending, as | 273.18(a)(8) |
claim against household | |
:benefits pending, as overpayment | 273.15(k) |
:benefits pending, timely request for | 273.15(k) |
:benefits pending, waiver of | 273.15(k) |
:consolidated hearings | 273.15(e) |
:continuation of benefits | 273.15(k) |
:decision | 273.15(q) |
:denial or dismissal of request | 273.15(j) |
for hearing | |
:departmental review of decisions | 273.15(u) |
contrary to federal law (reserved) | |
:fraud, see "Fraud Hearings" | |
:hearing authority | 273.15(n) |
:household rights at | 273.15(p) |
:implementation of local level | 273.15(r) |
decisions | |
:implementation of state agency | 273.15(s) |
decisions | |
:notice of right to request | 273.15(f) |
:notice of time and place | 273.15(l) |
:official | 273.15(m) |
:official, designation of | 273.15(m)(1) |
:power and duties of official | 273.15(m)(2) |
:request | 273.15(h) |
:review of appeals at local | 273.15(t) |
level hearings | |
:state agency responsibility | 273.15(i) |
after request | |
:time period for requesting | 273.15(g) |
:timely action on request | 273.15(c) |
:waiver of benefits pending | 273.15(k) |
Farm land, as excluded resource | 273.8(e)(5) |
Foster care payments, as income | 273.9(b)(2)(ii) |
Fraud, definition | 273.16(b) |
SUBJECT REGULATION | |
FRAUD DISQUALIFICATION: | |
:generally | 273.16 |
:administrative | 273.16(d) |
:court-imposed | 273.16(e) |
:ineligibility | 273.1(b)(7) |
:reversal of, restoration of | 273.16(f) |
benefits | |
Fraud | |
:income of disqualified individual | 273.9(b)(3) |
:penalties | 273.16(a) |
Fraud hearings: advance notice | 273.16(d)(3) |
:appeal rights | 273.16(d)(8) |
:consolidation with fair hearings | 273.16(d)(1) |
:criteria for determining fraud | 273.16(d)(6) |
:notice of decision | 273.16(d)(9) |
:participation in program pending | 273.16(d)(5) |
:scheduling | 273.16(d)(4) |
"Fuel loan" CSA payments, as | 273.9(c)(10)(v) |
excluded income | |
GA households | 273.2(j) |
273.2(j)(2) | |
General Assistance (GA), definition | 271.2 |
Head of household | 273.1(d) |
Hearings, see "Fair Hearings" | |
Home, as an excluded resource | 273.8(e)(i) |
Home visits for verification | 273.2(f)(4)(iii) |
Household cooperation | 273.2(d) |
273.2(e)(3) | |
Households | 273.1 |
Households, special circumstances, | 273.11(a) |
generally | |
ID card (Identification card) | 271.2 |
definition | |
Identification cards | 273.10(g)(4) |
Immigration and Naturalization Service | 273.2(f)(1)(ii) |
contact with to verify alien status | |
Implementation of Food Stamp Act | 272.1(g) |
INCOME: generally | 273.9 |
:alimony payments | 273.9(b)(2)(iii) |
:annuities | 273.9(b)(2)(ii) |
:anticipated | 273.10(c)(1) |
:averaging | 273.10(c)(3) |
:CETA payments | 273.9(b)(1)(iii) |
:child support payments | 273.9(b)(2)(iii) |
:child support payments, transferred | 273.9(b)(4)(ii) |
to IV-D Agency, not countable | |
:determination of, in general | 273.10(c) |
:dividends | 273.9(b)(2)(iv) |
:earned income, in general | 273.9(b)(1) |
:foster care payments | 273.9(b)(2)(ii) |
:from boarders | 273.11(b)(1)(i) |
:in-kind, see Income Exclusions: | |
In-Kind | |
:interest | 273.9(b)(2)(iv) |
:loans, educational | 273.9(b)(2)(iv) |
:net income eligibility limits | 273.9(a) |
:net monthly | 273.10(e)(1) |
:non-included | 273.9(b)(4) |
:of disqualified individuals | 273.11(c)(2) |
:of disqualified individuals: fraud | 273.9(b)(3) |
:of disqualified individuals: students | 273.9(b)(3) |
SUBJECT REGULATION | |
INCOME (continued) | |
:of ineligible tax dependent | 273.5(c) |
:of ineligible alien | 273.4(c) |
:of non-household members | 273.11(d) |
:of SSI recipients in cash-out states | 273.6 |
:only in month received | 273.10(c)(2) |
:pension | 273.9(b)(2)(ii) |
:Public Assistance | 273.9(b)(2)(ii) |
:recouped PA, earned income, etc., | 273.9(b)(4)(i) |
no countable | |
:rental property | 273.9(b)(1)(ii) |
:scholarships | 273.9(b)(2)(iv) |
:self-employment | 273.9(b)(1)(ii) |
:Social Security benefits | 273.9(b)(2)(ii) |
:strike benefits | 273.9(b)(2)(ii) |
:third-party payments, See Income | |
Exclusion: third-party payments | |
:training allowances | 273.9(b)(1)(ii) |
:unearned income, in general | 273.9(b)(2)(ii) |
:unemployment compensation | 273.9(b)(2)(ii) |
:vendor payments, see Income | |
Exclusions: vendor payments | |
:verification | 273.2(f)(1)(i) |
:WIN payments | 273.9(b)(1)(iii) |
:workman's compensation | 273.9(b)(2)(ii) |
INCOME DEDUCTIONS: generally | 273.9(d) |
:dependent care | 273.9(d)(3) |
:determination of, in general | 273.10(d) |
:earned income | 273.9(d)(2) |
:shelter costs | 273.9(d)(4) |
:shelter costs: annual adjustment | 273.9(d)(7) |
of maximum limit | |
:standard deduction | 273.9(d)(1) |
:standard deduction, semi-annual | 273.9(d)(6) |
adjustment | |
:standard utility allowance | 273.9(d)(5) |
:verification | 273.9(d)(2)(iv) |
INCOME EXCLUSIONS: generally | 273.9(c) |
:child support payments transferred | 273.9(b)(4)(ii) |
to IV-D Agency not countable as | |
income | |
:CSA/CIP "fuel loan" payments | 273.9(c)(10(v) |
:earned income of student under 18 | 273.9(c)(7) |
:federal law exclusions | 273.9(c)(10) |
:in-kind income | 273.9(c)(1) |
:irregular income | 273.9(c)(2) |
:loans, educational | 273.9(c)(3) |
:loans, non-educational | 273.9(c)(4) |
:loans, verification | 273.2(f)(3) |
:lump-sum payments | 273.9(c)(8) |
:money for care of non-household | 273.9(c)(6) |
member | |
:recouped PA, earned income, etc. | 273.9(b)(4)(i) |
not countable as income | |
:reimbursements | 273.9(c)(5) |
:self-employment costs | 273.9(c)(9) |
:third-party payments | 273.9(c)(1) |
:vendor payments | 273.9(c)(1) |
:VISTA payments | 273.9(c)(10)(iii) |
Income Not-Included | 273.9(b)(4) |
Income producing property, as an | 273.8(e)(4) |
excluded resource | |
SUBJECT REGULATION | |
Indian lands, as an excluded resource | 273.8(e)(10) |
Information available to the public | 272.1(d) |
Information, disclosure of | 272.1(c) |
In-Kind income, as excluded income | 273.9(c)(1) |
Installment contracts, as excluded | 273.8(e)(6) |
resource | |
Institution of higher education, | 271.2 |
definition | |
Institutions, residents of, eligible | 273.1(e) |
Interest, as income | 273.9(b)(2)(iv) |
Internal controls (administrative) 242.4(d) | |
Interviews | 273.2(c) |
Interviews: generally | 273.2(e) |
:scheduling | 273.2(e)(3) |
:telephone | 273.2(e)(2)(i) |
:waiver of office interview | 273.2(e)(2) |
Irregular income, excluded | 273.9(c)(2) |
Licensed vehicle: as excluded resource | 273.8(e)(3) |
:fair market value | 273.8(g) |
:handling as a resource | 273.8(h) |
Life insurance, as an excluded resource | 273.8(e)(2) |
Live-in attendants | 273.1(b)(3) |
Loans, as excluded income | 273.9(c)(4) |
Loans, educational, as income | 273.9(b)(2)(iv) |
Locations and hours (reserved) | 272.5 |
Lost benefits, see "Restoration of | |
"Lost Benefits" | |
Lost coupons, no replacement | 273.11(f)(1) |
Low-income household, definition | 271.2 |
Lump-sum income, as excluded income | 273.9(c)(8) |
Mass changes | 273.12(e) |
Merit personnel | 272.4(a) |
Month of application | 273.10(a) |
Narcotic addicts, eligible in | 273.1(e)(2) |
treatment centers, see also | |
"Drug addicts" | |
Net monthly income | 273.10(e)(1) |
Nondiscrimination compliance | 272.7 |
Non-household members, income | 273.11(d) |
and resources of | |
Notice, denial, See also | 273.10(g)(1)(ii) |
"Notice of Adverse Action: | |
Notice, eligibility | 273.10(g)(1)(i) |
NOTICE OF ADVERSE ACTION: | |
:generally | 273.13 |
:disqualification of student | 273.11(c)(5)(i) |
:(not required) fraud | 273.11(c)(5)(ii) |
disqualification | |
:when not required | 273.13(b) |
:when required | 273.13(a) |
Notice: expiration of certification | 273.14(b) |
period | |
:of right to request fair hearing | 273.15(f) |
:of time and place of fair hearing | 273.15(1) |
:pending status | 273.10(g)(1)(iii) |
Opportunity to participate | 273.2(g)(2) |
Outreach | 272.6 |
Outreach, transitional | 272.6 |
Outreach, transitional, implementation | 272.1(g)(ix) |
Overissuance, definition | 272.2 |
SUBJECT REGULATION | |
PA: "Public Assistance" | |
:definition | 272.2 |
:households | 273.2(j) |
:income | 273.9(b)(ii) |
PA/GA benefit level changes | 273.12(f) |
PA/GA households: generally | 273.2(j) |
:certification period | 273.10(f)(2) |
:mixed | 273.2(j)(3) |
:work registration | 273.7(k) |
Penalties for misuse of coupons | 271.5(b) |
or ATP's | |
Pending status, notice of | 273.10(g)(1)(iii) |
Pension funds, as excluded resource | 273.8(e)(2) |
Pensions as income | 273.9(b)(2)(ii) |
Personal effects, as an excluded | 273.8(e)(2) |
resource | |
Personal, merit | 272.4(a) |
Points and hours (reserved) | 272.5) |
Project area, definition | 272.2 |
Public Assistance, see "PA" | |
Purpose, of Food Stamp Program | 271.1(a) |
RECERTIFICATION: generally | 273.14 |
:action on application for | 273.14(a) |
:failure to timely apply | 273.14(e) |
:good cause for failure to apply for | 273.14(f) |
:no continuation of benefits | 273.14(a) |
:notices of | 273.14(g)(2) |
Recouped PA, income, etc. not income | 273.9(b)(4)(i) |
Recoupment, see "Claims against..." | |
Reduction or termination of benefits | |
see "Notice of Adverse Action" | |
Reimbursements, as excluded income | 273.9(c)(5) |
Relocation of household, continuation | 273.19 |
of benefits | |
Rental property: income from | 273.9(b)(1)(ii) |
273.9(b)(2)(ii) | |
:as resources or excluded income | 272.8(e)(5) |
Replacement of coupons | 273.11(f) |
Reporting changes, see "Changes" | |
Residency | 273.3 |
RESOURCES: generally | 273.8 |
:commingling of included and | 273.8(f) |
excluded resources | |
:definition | 273.8(c) |
:determination of, in general | 273.10(b) |
:of disqualified individuals | 273.8(j) |
273.11(c)(1) | |
:exclusions | 273.8(e) |
:of ineligible alien | 273.4(c) |
:of ineligible tax dependent | 273.5(c) |
:maximum limits | 273.8(b) |
:of non-household members | 273.8(i) |
273.11(d) | |
:of SSI recipients in | 273.6 |
"cashed-out" states | |
:transfer of | 273.8(i) |
:uniform national standards | 273.8(a) |
:vacation homes not excluded | 273.8(e)(5) |
SUBJECT REGULATION | |
RESOURCES EXCLUDED: generally | 273.8(e) |
:burial plot | 273.8(e)(2) |
:disaster relief payments | 273.8(e)(7) |
:farm land | 273.8(e)(5) |
:home occupied by household | 273.8(e)(1) |
:household goods | 273.8(e)(2) |
:income producing property | 273.8(e)(4) |
:Indian lands | 273.8(e)(10) |
:installment contracts | 273.8(e)(6) |
:licensed vehicles | 273.8(e)(3) |
:licensed vehicles, fair market | 273.8(g) |
value | |
:licensed vehicles, handling as | 273.8(h) |
a resource | |
:life insurance policy cash value | 273.8(e)(2) |
:pension funds | 273.8(e)(2) |
:personal effects | 273.8(e)(2) |
:rental property | 273.8(e)(5) |
:resources inaccessible to household | 273.8(e)(8) |
:resources pro-rated as income | 273.8(e)(9) |
:statutory excluded benefits | 273.8(e)(11) |
:tools or machinery | 273.8(e)(5) |
:vacation homes not excluded | 273.8(e)(5) |
RESTORATION OF LOST BENEFITS: | |
:generally | 273.17 |
:accounting procedures | 273.17(h) |
:computation of amount | 273.17(d) |
:disputed benefits | 273.17(c) |
:entitlement | 273.17(a) |
:fraud disqualifications | 273.17(e) |
:implementation | 272.1(g)(iv) |
:losses prior to EPR | 273.17(i) |
:method of restoration | 273.17(f) |
Retroactive benefits, see | |
"Restoration of lost benefits" | |
Roomers | 273.1(b)(1) |
SSI Cash-out states: generally | 273.6 |
:"cashed-out" recipients, as | 273.1(b)(5) |
non-household members | |
:"cashed-out" recipients, | 273.6(a) |
ineligibility of | |
SSI households (reserved) | 273.2(k) |
Scholarships, as income | 273.9(b)(2)(iv) |
Self-employed households, | 273.10(f)(6) |
certification period | |
Self-employment income: allowable | 273.11(a)(4) |
cost of producing | |
:annualization | 273.11(a)(1) |
:capital gains | 273.11(a)(3) |
:costs as excluded income | 273.9(c)(9) |
:determining monthly income | 273.11(a)(2) |
Shelter deductions: generally | 273.9(d)(4) |
:annual adjustment | 273.9(d)(7) |
Sixty-day continuation of | 273.19 |
certification | |
Social Security benefits, as income | 273.9(b)(2)(ii) |
Spouse, definition | 272.2 |
Staffing standards | 272.4(b) |
Standard deduction: generally | 273.9(d)(1) |
:semi-annual deduction | 273.9(d)(6) |
Standard utility allowance | 273.9(d)(5) |
State agency: complain procedures | 272.2 |
:definition | 271.6(a) |
State plan (reserved) | 272.2 |
Stolen coupons, replacement | 273.11(f)(1) |
Strike benefits, as income | 273.9(b)(2)(ii) |
Student disqualified for work rule | |
:as non-household member | 273.1(b)(7) |
:income of | 273.9(b)(3) |
:resources of | 273.8(j) |
Student earnings, as excluded income | 273.9(c)(7) |
Student tax dependents, not eligible | 273.1(b)(6) |
Supplemental Security Income, see "SSI" | |
TAX DEPENDENT STUDENTS | |
:generally | 273.5(a) |
:awaiting verification | 273.5(d) |
:definition | 273.5(a) |
:income of | 273.5(c) |
:ineligible | 273.1(b)(6) |
:resources of | 273.5(c) |
:verification | 273.2(f)(2)(iii) |
Telephone interviews | 273.2(e)(2)(i) |
Termination or reduction of benefits | |
See "Notice of adverse action" | |
Thirty day processing | 273.2(g)(1) |
Thrifty food plan: as basic allotment | 272.2 |
:definition | 272.2 |
:semi-annual adjustment | 273.10(e)(4)(ii) |
:uniform | 273.10(e)(4) |
Tools, work-related, as an | 273.8(e)(5) |
excluded resource | |
Training | 272.4(e) |
Training allowances, as income | 273.9(b)(1)(iii) |
Transfer of resources | 273.8(i) |
Transitional outreach: generally | 272.6(f) |
:implementation | 272.1(g)(ix) |
Trusts as resources | 273.8(e)(8) |
Unemployment Compensation, | 273.9(b)(2)(ii) |
as income | |
Uniform national eligibility standards | 273.9(a)(1) |
Utility allowances | 273.9(d)(5) |
Utility expenses, verification | 273.2(f)(1)(iii) |
Utility standard, development | 272.1(g)(vi) |
and implementation | |
Vacation homes as a resource | 273.8(e)(5) |
Vendor payments, as excluded income | 273.9(c)(1) |
VERIFICATION: generally | 273.2(f) |
:aliens, status while awaiting | 273.2(f)(9)(ii) |
:case file documentation of need for | 273.2(f)(6) |
:changes | 273.2(f)(9)(ii) |
:collateral contacts | 273.2(f)(4)(ii) |
:definition | 273.2(f)(1) |
:discrepancies: opportunity to | 273.2(f)(4)(iv) |
explain | |
:documentary evidence | 273.2(f)(4)(i) |
:home visits | 273.2(f)(4)(iv) |
:mandatory | 273.2(f)(1) |
:questionable information | 273.2(f)(4) |
:recertification | 273.2(f)(9)(i) |
:responsibility for obtaining | 273.2(f)(5) |
:sources | 273.2(f)(4) |
:subsequent to initial certification | 273.2(f)(9)(i) |
:tax dependents, status while | 273.5 |
awaiting | |
VISTA payments, as income | 273.9(c)(10)(iii) |
Volunteers, use of | 272.6(f)(4) |
Waiver of benefits, pending | 273.15(k) |
fair hearing | |
WIN payments, as income | 273.9(b)(1)(iii) |
WORK REGISTRATION: generally | 273.7 |
:disqualifications | 273.7(f) |
:ending disqualifications | 273.7(h) |
:exemptions | 273.7(6) |
:failure to comply | 273.7(f) |
:"good cause" for failure to comply | 273.7(g) |
:households | 273.7(k) |
:job search | 273.7(d) |
:participation of strikers | 273.7(j) |
:persons required to register | 273.7(a) |
:students | 273.7(b)(9) |
:suitable/unsuitable employment | 273.7(i) |
:voluntary quit | 273.7(c) |
Workmen's Compensation, as income | 273.9(b)(2)(ii) |
Zero net income households, | 273.2(i)(1)(i) |
expedited service | 273.2(i)(3)(i) |
13-005 Code Vt. R. 13-170-005-X
EFFECTIVE DATE: Original effective date not provided.
AMENDED: December 1, 1994 Secretary of State Rule Log # 94-53; February 1, 1995 Secretary of State Rule Log # 95-11; February 1, 1996 Secretary of State Rule Log # 96-07; November 1, 1996 Secretary of State Rule Log # 96-68; January 24, 1997 Secretary of State Rule Log # 97-1; March 1, 1997 Secretary of State Rule Log # 97-10; March 1, 1998 Secretary of State Rule Log # 98-11; July 1, 1998 Secretary of State Rule Log # 98-47; October 1, 1998 Secretary of State Rule Log # 98-63; August 1, 2000 Secretary of State Rule Log # 00-36; July 1, 2001 Secretary of State Rule Log # 01-33; July 1, 2002 Secretary of State Rule Log # 02-18; February 1, 2011 Secretary of State Rule Log #11-001 [bulletin 10-24F]; December 5, 2013 Secretary of State Rule Log #13-038 [bulletin 13-04F]