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State Regulations
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Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 271.2 , 273.22 ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
Compare
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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Applicant household consisting of residents of a public institution who apply jointly for SSI and food assistance prior to their release from the public institution will have their eligibility determined for the month in which the applicant household is released from the institution.
Migrant and seasonal farm workers shall receive the full allotment for the month of application when the household has participated in the food assistance program within 30 days prior to the date of application. If the benefit amount for the prior month was $0 due to recoupment or other reasons, but the household was certified and eligible for the program, the household is considered to have participated.
Once a household moves from a project area in which it is currently certified, eligibility for the food assistance program terminates and must be reestablished by application in the new project area. A household currently certified in another state, who applies in Alabama and is entitled to expedited service, and for whom nonparticipation in the other state cannot be established within the expedited time frame, shall be allowed to sign a statement avowing that it did not and will not participate in the other state in the month of application.
The proration of benefits is automated. If proration results in an allotment of less than $10, no issuance shall be made for an initial or beginning month to any household, including one and two-person households and categorically eligible households.
If an application for recertification is submitted in the month after the household's certification period has expired, benefits for that month shall be prorated.
If a 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. The same application shall be used in this situation (see C. below) and proration would not be applicable if the household were approved within the appropriate processing standard.
If a 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.
Income received during the past 30 days should be used as an indicator of the income that is and will be available to the household during the certification period. However, this income should not be used if changes have occurred or can be anticipated. Under no circumstances should the worker automatically attribute to the household amounts of any past income without discussion with the household.
If the household states the income in the past 30 days is representative of the normal fluctuations in income and the total monthly income is relatively stable (although the income may vary within the month) then it is appropriate to use this income to anticipate the income for the certification period. Use of a month's income to anticipate the monthly income to show in the food assistance budget does not constitute averaging, even if it involves the determination of income received more often than monthly which is then converted to monthly income using the appropriate conversion factor.
If income fluctuates to the extent that a 30-day period alone cannot provide an accurate indication of anticipated income, the worker and household may determine that a longer period of past time will more accurately represent the anticipated fluctuations in future income. If income fluctuates from month to month over a period of time, income averaging may be a more accurate method to use to determine the monthly income to budget. See Section 1002C for the policies concerning income averaging.
Nonrecurring lump-sum payments shall be counted as a resource starting in the month received and shall not be counted as income.
Wages held at the request of the employee shall be considered income to the household in the month the wages would otherwise have been paid by the employer. However, wages held by the employer, as a general practice, even if in violation of law, shall not be counted as income to the household unless the household anticipates that it will ask for and receive an advance, or that it will receive income from wages that were previously held by the employer as a general practice and that were, therefore, not previously counted as income.
Advances on wages shall count as income in the month received only if reasonably anticipated.
Income received monthly or semi-monthly (twice a month, not every two weeks) is counted in the month it is intended to cover rather than the month in which it is received when an extra check is received in one month because of changes in pay dates or mailing cycles for reasons such as weekends or holidays.
It is the worker's decision to use income averaging when fluctuations in income make anticipation inappropriate. Income averaging may not be used for destitute households, as averaging would result in assigning to the month of application income from future periods not available to the destitute household for its current food needs.
A minimum of two months of income must be used to determine an average. If two months of income does not accurately reflect the fluctuations in income, a longer period of time may be used to arrive at an average.
Income which has been averaged must be recalculated at recertification or at a report of changes that cause an increase in the allotment. At certification the household must be advised of the averaged amount of income budgeted, as this becomes the basis upon which changes in income must be reported.
Households which by contract or self-employment derive their annual income in a period of time shorter than one year shall have that income averaged over a 12-month period provided the income from the contract is not received on an hourly or piecework basis.
Utility expenses which are reimbursed or paid by an excluded payment, including HUD and FHA utility payments shall not be deductible. Households are entitled to use either the SUA or BUA (as appropriate) or actual costs in excess of the excluded payments.
That portion of an allowable medical expense which is not reimbursable shall be included as part of the household's medical expenses. Households entitled to the medical deduction shall have the non-reimbursable portion considered at the time the amount of reimbursement is received or can otherwise be verified.
Expenses shall only be deductible if the service is provided by someone outside of the household and the household makes a money payment for the service.
In addition to meeting the net income eligibility standards, households which do not contain an elderly or disabled member shall have their gross income, as calculated in Section 1004 A above, compared to the gross monthly income standards defined for the appropriate household size to determine eligibility for the month.
Except for initial months in which proration is a factor, and the provision precluding issuances of less than $10 in an initial month, the household's monthly allotment shall be equal to the Thrifty Food Plan for the household's size reduced by 30% of the household's net monthly income.
Except during an initial month all eligible one and two-person households shall receive minimum monthly allotments equal to the minimum benefit.
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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The six-month report form should be submitted to the county office by the 10th of the processing month. If the six-month report form is not received in the county office by the 10th day of the processing month, an automated notice is generated after the close of business on the 15th and mailed to the household to inform the household that its benefits will be terminated if the completed form is not received by the last day of the processing month.
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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A household should complete the additional information in this section of the form if the household has moved. If the household reports a move and does not provide verification of shelter costs, no shelter costs should be included in the food assistance budget effective the following month. Failure to verify shelter costs does not constitute an incomplete report subject to termination for failure to provide verification.
If the household addresses the questions regarding utility expenses, allow the appropriate utility deduction. Verification is not required for the SUA, BUA or telephone standard.
If the household answers "yes", a member has had a change in earnings (including earnings from self-employment) because he/she started or stopped a job or changed jobs, the household must provide verification of this reported change. If the household does not provide verification, the report must be considered incomplete and returned to the household with a Notice of Incomplete Six-Month Report Form. If the county office discovers that a member of the household has quit a job or voluntarily reduced work hours, any information needed to determine whether the quit was with or without good cause should be addressed outside of the six-month report form.
If the household answers "no" to the earned income questions, the caseworker must not make any changes to the earned income amounts currently being budgeted for the household. The gross earned income amounts will remain the same for the last six-months of the 12-month certification period.
Countable unearned income received in the report month must be reported and verified if the unearned income has changed by more than $100.00. If the household reports "yes", the unearned income has changed by more than $100.00, the household must provide verification of this change. If the household does not send verification and verification cannot be obtained through another source such as IEVS, the report must be considered incomplete and returned to the household with a Notice of Incomplete Six-Month Report Form. Unearned income information which can be verified through IEVS shall be used and the change made for the following month. If the household states or verifies a change in unearned income of less than $100.00, this change must be processed with or without verification. In those cases that involve the receipt of child support income, it is not necessary to check the child support systems (ALECS & ALACOURT) if the household states "no" that the unearned income has not changed by more than $100.00 unless the household had reported a change in the child support income that could not be processed until six-month report.
If the household answers "no" to the unearned income question, the caseworker must not make any changes to the unearned income amounts currently being budgeted for the household with the exception of verified upon receipt information that should be processed by the caseworker. The unearned income amounts will remain the same for the last six-months of the 12-month certification period if there is no verified upon receipt information that the caseworker is required to process.
If the household answers "no" to the unearned income question, the caseworker must not make any changes to the unearned income amounts currently being budgeted for the household with the exception of verified upon receipt information that should be processed by the caseworker. The unearned income amounts will remain the same for the last six-months of the 12-month certification period if there is no verified upon receipt information that the caseworker is required to process.
The household must report and verify changes in the amount of legally obligated child support and when the obligation to pay child support ends if the household is receiving a deduction for child support payments. The household must report and verify if any other household member has a court-ordered child support obligation in order for this member to receive a child support deduction. If the household answers "yes", and does not send verification, a child support deduction must not be allowed in the food assistance budget for the last six-months of the 12-month certification period for households that were already receiving the deduction or for new court-ordered payments.
If the household answers "no", the child support deduction currently being budgeted will remain in the food assistance budget.
The household must report information about household members who have moved into or out of the household. The household must report income for those new members that have income and provide verification of their income. If the household answers "yes" and does not complete the information section concerning those members or the does not send verification of their income, the report must be considered incomplete and returned to the household with a Notice of Incomplete Six-Month Report Form. If verification of income can be obtained through another source such as IEVS, The Work Number, the employer, or other State verification systems, the form must not be returned.
If the household answers "no" to this question, the caseworker must not make any changes in household composition.
The household must complete and sign the six-month report. Failure to date the six-month report form does not constitute an incomplete report. If the household fails to sign the report or submits the report before the last day of the report month the form must be considered incomplete.
If the household reports information/verification considered questionable, the caseworker must determine the most appropriate way to resolve the issue and take appropriate action based on the individual case situation.
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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If the form is received by the 10th of the processing month and is incomplete, the county office must return the incomplete form within 10 days. A manual Notice of Incomplete Six-Month Report will be sent to the household when an incomplete six-month report is received by the county office. The eligibility worker should not return the six-month report form if it is complete except for required verification. If the household returns the completed form and/or required documentation and verification by the end of the processing month, the county office must process the complete form within 10 days. If the household fails to respond to the Notice of Incomplete Six-Month Report by the end of the processing month the case will close for failure to provide a complete six-month report.
If the household submits the completed six-month report after the 10th of the processing month but before the end of the processing month, the county office has 10 days to process the completed form to completion. Benefits must not be prorated.
If the household submits an incomplete six-month report after the 10th of the month but before the end of the processing month, the form must be returned to the household within 10 days. A manual Notice of Incomplete Six-Month Report will be sent to the household for required verification. If the household returns the completed form and/or required documentation and verification by the end of the processing month, the county office must process the complete form within 10 days. Benefits must not be prorated. If the household fails to respond to the Notice of Incomplete Six-Month Report by the end of the processing month the case will close for failure to six-month report.
When the last day of the month falls on a weekend or a holiday, those reports received in person, by mail, fax, or internet ( MyAlabama.gov ) on the first workday after the final deadline must be considered as received before the deadline. If the form is complete, the caseworker must reopen the case within 10 days. Benefits must not be prorated.
This policy must also be applied to those households who submit the six-month report for the first time in the month (seventh month) after the processing month and the case has been terminated for failure to six-month report (REJ/CLO 7/41).
The caseworker must determine if the six-month report is complete or incomplete. If complete, the form must be processed, the case reopened and the household notified of continued eligibility. The household must be eligible for benefits for the month of reinstatement (seventh month) and the remaining months of the current certification period; otherwise, the case must remain closed. If eligible, benefits for the month of reinstatement must be prorated.
If the six-month report form is incomplete, the caseworker must return the form with a Notice of Incomplete Six-Month Report form. The Notice of Incomplete Six-Month Report form must include the date by which the completed form with the required documentation and verification must be returned to the county office. If the household fails to return a complete form with the required documentation and verification by the end of the seventh month, the case must remain closed and the household must reapply.
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273.12 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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All other households who submit identifiable applications between the first day and by the 15th day of the last month of the certification period shall be considered to have a timely application for recertification.
The county department shall ensure that any household which timely reapplies does not lose its rights to uninterrupted benefits for failure to submit any requested verification prior to the date the household submits a timely application for recertification, and that the household is adequately informed of this procedure.
ED. NOTE: Chapter 660-4-7 - Monthly Reporting And Retrospective Budgeting was replaced with a new chapter per certification filed October 9, 2018; Effective November 23, 2018. Below is list of previous repealed rules.
Author: Amy Plunkett
Statutory Authority: 7 C.F.R. 273-14 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(j) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(K),(K)(i),(K)(ii) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(m) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(n) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
Compare
(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(p) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
Compare
(Repealed 11/1/95)
Author:
Statutory Authority: 7 C.F.R. 273.21(q) ; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
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(Repealed 11/1/95)
Author:
Statutory Authority: Southeast Region Office, Food and Nutrition Service Interpretation; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
State Regulations
Compare
(Repealed 11/1/95)
Author:
Statutory Authority: Southeast Region Office, Food and Nutrition Service Interpretation; Code of Ala. 1975 , § 38-2-6 .
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.