921 KAR 3:090. Simplified
assistance for the elderly program or ''SAFE''.
RELATES
TO: 7 C.F.R. 273.1, 273.2, 273.9, 273.10, 273.12, 273.14
STATUTORY
AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet
for Health and Family Services to promulgate administrative regulations
necessary to implement programs mandated by federal law or to qualify for the
receipt of federal funds and necessary to cooperate with other state and federal
agencies for the proper administration of the cabinet and its programs. 7
C.F.R. 271.4 delegates the administration of the Supplemental Nutrition
Assistance Program (SNAP) to the state agency. This administrative regulation
establishes requirements for the Simplified Assistance for the Elderly Program
(SAFE), a demonstration project administered by the cabinet to improve access
to SNAP for elderly and disabled individuals.
Section
1. Definitions. (1) "Regular SNAP benefits" means SNAP benefits received
in accordance with the procedures specified in:
(a)
921 KAR 3:020, Financial Requirements;
(b)
921 KAR 3:025, Technical Requirements;
(c)
921 KAR 3:030, Application Process; and
(d)
921 KAR 3:035, Certification Process.
(2)
"Shelter costs" means monthly rent or mortgage expenses as stated by
the applicant.
(3)
"Simplified Assistance for the Elderly" or "SAFE" means an
optional SNAP program for SSI participants who are age sixty (60) or older.
(4)
"State Data Exchange" or "SDX" means files administered by
the Social Security Administration that provide states with eligibility and
demographic data relating to SSI applicants and participants.
Section
2. SAFE Program Procedures. Unless a different procedure or process for a SNAP
requirement is specified in this administrative regulation, all SNAP
requirements specified in 921 KAR Chapter 3 shall apply to SAFE, including the
process for:
(1)
A fair hearing;
(2)
An administrative disqualification hearing;
(3)
An appeal;
(4)
A disqualification;
(5)
A claim and collection of a claim; and
(6)
EBT issuance.
Section
3. Eligibility for SAFE. (1) An individual may qualify for SAFE benefits if the
individual:
(a)
Is a Kentucky resident;
(b)
Is:
1.
A current SSI recipient; or
2.
SSI eligible, but SSI benefits are currently suspended;
(c)
Is age sixty (60) or older;
(d)
Is not institutionalized;
(e)
Is:
1.
Single, widowed, divorced, or separated; or
2.
Married and living with a spouse who meets the criteria specified in (a)
through (f) of this subsection; and
(f)
Purchases and prepares food separately from another individual who shares the
same residence, but is not a member of the applicant’s household as defined in
921 KAR 3:010.
(2)
The cabinet shall use SDX to verify an applicant’s marital and institutional
status.
(3)
If a household member does not meet the criteria listed in subsection (1) of
this section, the household:
(a)
Shall not be eligible for SAFE; and
(b)
May apply for regular SNAP benefits in accordance in 921 KAR 3:030.
(4)
An individual who meets the criteria of subsection (1) of this section may
apply for regular SNAP benefits instead of SAFE benefits.
(5)
An individual shall not receive SAFE benefits and regular SNAP benefits at the
same time.
Section
4. SAFE Application Process. (1) Through use of the SDX files, the cabinet
shall:
(a)
Identify SSI participants who are potentially eligible for SAFE; and
(b)
Mail each identified SSI household a SF-1, Simplified Assistance for the
Elderly (SAFE) Application, and a return envelope.
(2)
A SAFE application shall be considered filed if the SF-1 is:
(a)
Signed; and
(b)
Received at the Department for Community Based Services, Division of Family
Support.
(3)
In accordance with 7 C.F.R. 273.2(g), the cabinet shall provide an eligible
household an opportunity to participate within thirty (30) days of the date the
application is filed.
Section
5. SAFE Certification Process. (1) The cabinet shall process a SAFE application
without requiring an interview.
(2)
Information necessary to certify a SAFE application shall be obtained from SDX
with the exception of the information provided by the applicant on the SF-1 or
the SF-2, Simplified Assistance for the Elderly (SAFE) Recertification Form.
(3)
The cabinet shall certify an eligible household for SAFE benefits for up to
thirty-six (36) months.
(4)
In accordance with 7 C.F.R. 273.10(g), the cabinet shall send an applicant a
notice upon certification or denial.
(5)
The cabinet shall send a SF-2 to a SAFE household in the month preceding the
last month of the household’s certification period.
Section
6. SAFE Benefits. (1) The cabinet shall provide a SAFE household a standard
monthly benefit amount approved by the U.S. Department of Agriculture’s Food
and Nutrition Service and listed in the SF-1.
(2)
The standard SAFE benefit amounts shall be based on:
(a)
Shelter costs;
(b)
Household size; and
(c)
The average benefits received by a similar household in the regular SNAP.
Section
7. Changes in Household Circumstances. (1) A household receiving SAFE benefits
shall not be required to report any changes during the certification period.
(2)
The cabinet shall process changes in household circumstances based on
information received from SDX.
(3)
If information voluntarily reported by the household is contradictory to SDX
data, the cabinet shall not act upon the information unless the information is
a change in a household member's:
(a)
Name;
(b)
Date of birth; or
(c)
Address.
(4)
Unless a change in household circumstance results in a change in benefits, the
cabinet shall not provide a SAFE household with notification of a change being
made in household circumstances.
Section
8. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"SF-1, Simplified Assistance for the Elderly (SAFE) Application", 11/14;
and
(b)
"SF-2, Simplified Assistance for the Elderly (SAFE) Recertification
Form", 11/14.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department for Community Based Services, 275 East Main
Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (33
Ky.R. 1766; 2332; eff. 3-9-2007; 35 Ky.R. 1947; 2078; 2302 eff. 3-11-2009; 38
Ky.R. 416; eff. 10-19-2011; 39 Ky.R. 2218; 40 Ky.R. 21; eff. 7-17-2013; 40
Ky.R. 1373; 1740; eff. 2-19-2014; 41 Ky.R. 647; eff. 11-19-2014.)
