921 KAR 3:025. Technical requirements

Link to law: http://www.lrc.ky.gov/kar/921/003/025.htm
Published: 2015

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      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.)