921 KAR 3:025.
Technical requirements.
RELATES TO: KRS
205.2005, 7 C.F.R. Parts 273.4, 5, 7, 45 C.F.R. 261.2, 7 U.S.C. 2011, 2014,
2015(d), 8 U.S.C. 1101-1524, 1612(a), 19 U.S.C. 2296, 21 U.S.C. 862(a), 25
U.S.C. 450, 29 U.S.C. 2801 to 2945, 38 U.S.C. 101, 107, 1101, 1301, 1304, 1382,
5303A(d), 42 U.S.C. 681, 1382, Pub. L. 111-118
STATUTORY AUTHORITY:
KRS 194A.050(1), 7 C.F.R. Parts 271.4, 272, 273
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 194A.050(1) requires the secretary 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. Part 271.4 requires the cabinet to
administer a Supplemental Nutrition Assistance Program (SNAP) within the state.
7 C.F.R. Parts 272 and 273 set forth requirements for the cabinet to
participate in the SNAP. In addition, 7 U.S.C. 2014 establishes that an otherwise-qualified
alien who is blind or receiving a disability benefit, who has lived in the
United States for at least five (5) years, or is under eighteen (18) years of
age shall be eligible to participate in SNAP regardless of the date he entered
the United States. This administrative regulation sets forth the technical
eligibility requirements used by the cabinet in the administration of SNAP.
Section 1.
Definitions. (1) "Certification period" means a period of time during
which a household shall be eligible to receive SNAP benefits.
(2) "Qualified
alien" means an alien or refugee who is:
(a) Lawfully
admitted for permanent residence pursuant to 8 U.S.C. 1101 to 1524;
(b) Granted asylum
pursuant to 8 U.S.C. 1158;
(c) Admitted to the
United States pursuant to 8 U.S.C. 1157;
(d) Paroled into the
United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1)
year;
(e) Having his
deportation withheld pursuant to:
1. 8 U.S.C. 1253(h),
as in effect prior to April 1, 1997; or
2. 8 U.S.C. 1231(b)(3);
(f) Granted
conditional entry pursuant to 8 U.S.C. 1153(a)(7) as in effect prior to April
1, 1980;
(g) Granted status
as a Cuban and Haitian entrant pursuant to 8 U.S.C. 1522;
(h) A victim that has been battered or
subjected to extreme cruelty in the U.S. pursuant to 8 U.S.C. 1182;
(i) A victim of a severe form of
trafficking in persons who has been certified to the same extent as an alien
who is admitted to the U.S. as a refugee pursuant to 8 U.S.C. 1157; or
(j) An alien admitted to the United
States as an Afghan or Iraqi special immigrant on or after December 19, 2009,
in accordance with Pub. L. 111-118, Section 8120.
(3)
"Student" means a person who is between the ages of eighteen (18) and
forty-nine (49), physically and mentally fit, and enrolled at least half-time
in an institution of higher education.
Section 2. Technical
Eligibility. In accordance with federal regulations promulgated by the Food and
Nutrition Service (FNS), of the United States Department of Agriculture, the
cabinet shall utilize national uniform requirements of technical eligibility
for SNAP.
Section 3. Technical
Eligibility Criteria. Technical eligibility requirements shall apply to all
households and consist of:
(1) Residency. A
household:
(a) Shall reside in the
county in which they receive benefits; and
(b) May apply for
benefits in any county as specified in 921 KAR 3:030, Section 3.
(2) Identity.
(a) The applicant's
identity shall be verified; and
(b) If an authorized
representative applies for the household, the applicant's and the authorized
representative's identities shall be verified.
(3) Citizenship and
alien status.
(a) The following
individuals shall satisfy the citizenship and alien status requirement:
1. A citizen of the
United States;
2. A U.S. noncitizen national;
3. An alien who is:
a. An American Indian born in Canada
pursuant to 8 U.S.C. 1359; or
b. A member of an Indian tribe pursuant
to 25 U.S.C. 450;
4.a. An alien lawfully residing in the
United States who was a member of a Hmong or Highland Laotian tribe and
rendered assistance to United States personnel by taking part in a military or
rescue operation during the Vietnam era pursuant to 38 U.S.C. 101;
b. The spouse, or an unmarried dependent
child, of an individual described in clause a of this subparagraph; or
c. The unmarried surviving spouse of such
an individual who is deceased, as described in clause a of this subparagraph.
5. An alien who is
lawfully residing in Kentucky and is:
a. A veteran, as
defined pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with an honorable
discharge and not on account of alienage, who fulfills the minimum active-duty
service requirements of 38 U.S.C. 5303A(d);
b. On active duty,
other than active duty for training, in the Armed Forces of the United States;
c. The spouse or
unmarried dependent child of an individual described in clauses a and b of this
subparagraph;
d. The unmarried
surviving spouse of an individual described in clauses a and b of this
subparagraph who is deceased if the marriage fulfills the requirements of 38
U.S.C. 1304;
e. Under eighteen
(18) years of age on October 1, 2003;
6. An alien lawfully
residing in the United States on August 22, 1996, who is blind or has a
disability pursuant to 42 U.S.C. 1382;
7.
An alien lawfully residing in the United States on August 22, 1996, who was
sixty-five (65) years of age or older;
8.
An alien lawfully residing in the United States on October 1, 2003, who is
under eighteen (18) years of age;
9. An
alien admitted to the United States as an Afghan or Iraqi special immigrant on
or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120;
or
10. An alien lawfully
residing in the United States who meets the alien and citizenship requirements
as specified in subparagraph 5 of this paragraph.
(b) In accordance with 7 U.S.C. 2014, an otherwise-qualified alien
who is blind or receiving a disability benefit, who has lived in the United
States for at least five (5) years, or who is under eighteen (18) years of age,
shall be eligible to participate in SNAP regardless of the date the
otherwise-qualified alien entered the United States.
(c) Pursuant to 8
U.S.C. 1612(a)(2)(D)(ii), an alien who was participating in SNAP on August 22,
1996, shall not be determined ineligible based solely on the alien eligibility
criteria of 8 U.S.C. 1612(a)(1).
(d) Except as
provided in paragraph (e) of this subsection, an individual whose status is
questionable shall be ineligible to participate until verified.
(e) An individual whose
status is pending verification from a federal agency shall be eligible to
participate for up to six (6) months from the date of the original request for
verification.
(f) A
single household member shall attest in writing to the citizenship or alien
status requirements as established in 921 KAR 3:030 for each household member.
(4) Household size. If
information is obtained by the Department for Community Based Services (DCBS)
that household size differs from the household’s stated size, the size of
household shall be verified through readily available documentary evidence or
through a collateral contact.
(5) Students. A
student shall be ineligible to participate unless they meet at least one (1) of
the following criteria:
(a) Shall be engaged
in paid employment for an average of twenty (20) hours per week or, if
self-employed, shall be employed for an average of twenty (20) hours per week
and receive weekly earnings at least equal to the federal minimum wage
multiplied by twenty (20) hours;
(b) Shall
participate in a state or federally financed work study program during the
regular school year;
(c) Shall be
responsible for the care of a dependent household member under the age of six
(6);
(d) Shall be
responsible for the care of a dependent household member who has reached the
age of six (6), but is under age twelve (12) where the cabinet has determined
that adequate child care is not available to enable the individual to attend
class and to satisfy the work requirements of paragraphs (a) and (b) of this
subsection;
(e) Shall receive
benefits from the Kentucky Transitional Assistance Program (K-TAP);
(f) Shall be
assigned to or placed in an institution of higher learning through a program
pursuant to:
1. 29 U.S.C. 2801;
2. 45 U.S.C. 261.2;
or
3. 19 U.S.C. 2296;
(g) Shall be
enrolled in an institution of higher learning as a result of participation in a
work incentive program pursuant to 42 U.S.C. 681; or
(h) Is a single
parent with responsibility for the care of a dependent household member under
age twelve (12).
(6) Social Security
number (SSN).
(a) Households
applying for or participating in SNAP shall comply with SSN requirements by
providing the SSN of each household member or applying for one prior to
certification.
(b) Failure to
comply without good cause shall be determined for each household member and
shall result in an individual's disqualification from participation in SNAP
until this requirement is met.
(7) Work
registration. All household members shall be required to comply with the work
registration requirements, unless exempt, as established in 921 KAR 3:042.
(8) Work
requirement.
(a) Except for
individuals that may be eligible for up to three (3) additional countable
months in accordance with subsection (7) of this section, an individual shall
not be eligible to participate in SNAP as a member of a household if the
individual received SNAP for more than three (3) countable months during any
three (3) year period, during which the individual did not:
1. Work eighty (80)
hours or more per month;
2. Participate in
and comply with the requirements of the Employment and Training Program
component pursuant to 7 U.S.C. 2015(d) for twenty (20) hours or more per week;
3. Participate in
and comply with the requirements of a program pursuant to:
a. 29 U.S.C. 2801 to
2945; or
b. 19 U.S.C. 2296;
4. Participate in
and comply with the requirements established in 921 KAR 3:042 of the following
programs:
a. The Work
Experience Program component of SNAP Employment and Training Program; or
b. Vocational Education
Skill Training Program; or
5. Receive SNAP
benefits pursuant to paragraph (b), (c) or (d) of this subsection.
(b) Paragraph (a) of
this subsection shall not apply to an individual if the individual is:
1. Under eighteen
(18) or fifty (50) years of age or older;
2. Physically or
mentally unfit for employment as determined by the cabinet;
3. A parent or other
adult member of a household containing a dependent child under the age of
eighteen (18);
4. Exempt from work
registration as specified in 921 KAR 3:042, Section 2; or
5. Pregnant.
(c) Paragraph (a) of
this subsection shall not apply if, pursuant to an approved waiver by FNS, the
county or area in which the individual resides:
1. Has an
unemployment rate of over ten (10) percent; or
2. Does not have a
sufficient number of jobs to provide employment.
(d) Subsequent
eligibility.
1. An individual
denied eligibility under paragraph (a) of this subsection shall regain
eligibility to participate in SNAP if, during a thirty (30) day period, the individual
meets the conditions of paragraph (a)1 through 4 of this subsection, or who did
not reapply for benefits because the individual was not meeting the work
requirements in accordance with paragraph (b) of this subsection.
2. An individual who
regains eligibility pursuant to subparagraph 1 of this paragraph shall remain
eligible as long as the individual meets the requirements of subparagraph 1 of
this paragraph.
(e) Loss of
employment or training.
1. An individual who
regains eligibility under paragraph (d)1 of this subsection and who no longer
meets the requirements of paragraph (a)1 through 4 of this subsection shall
remain eligible for a consecutive three (3) month period, beginning on the date
the individual first notifies the cabinet that the individual no longer meets
the requirements of paragraph (a)1 through 4 of this subsection.
2. An individual
shall not receive benefits under subparagraph 1 of this paragraph for more than
a single three (3) month period in any three (3) year period.
(f) If the
individual does not meet all other technical and financial eligibility criteria
pursuant to 7 U.S.C. 2011, nothing in this section shall make an individual
eligible for SNAP benefits.
(9) Quality control.
Refusal to cooperate in completing a quality control review shall result in
termination of the participating household's benefits.
(10) Drug felons. An
individual convicted under federal or state law of an offense classified as a
felony by the law of the jurisdiction involved and that has an element of
possession, use or distribution of a controlled substance as defined in 21
U.S.C. 862(a), may remain eligible for SNAP benefits if the individual meets
the requirements pursuant to KRS 205.2005. (18 Ky.R. 246; eff. 8-21-91; Am.
2446; eff. 3-7-92; 19 Ky.R. 315; eff. 8-28-92; 20 Ky.R. 3319; eff. 8-4-94; 21
Ky.R. 2829; eff. 6-21-95; 23 Ky.R. 3627; 4158; eff. 6-16-97; 24 Ky.R. 1791;
eff. 4-13-98; 25 Ky.R. 919; 1369; eff. 11-18-98; Recodified from 904 KAR 3:025,
2-1-99; 28 Ky.R. 990; 1432; eff. 12-19-2001; 29 Ky.R. 2382; eff. 5-15-2003; 37
Ky.R. 1915; eff. 4-1-2011.)
