9082 Reduction of Public Assistance Benefits

[273.11(j)] Do not increase food stamp benefits when a household's benefits received under another means-tested Federal, State or local welfare or public assistance program (such as but not limited to TANF, RCA or GA) have been decreased (reduced, suspended or terminated) due to failure to perform an action required under the assistance program or for fraud. Under no circumstances can the food stamp benefits be allowed to increase. Actions not considered a failure to perform for this rule include: ·Reaching a time limit for time-limited benefits; ·Having a child that is not eligible because of family cap; ·Failing to reapply or complete the application process for continued assistance under another program; ·Failing to perform an action that the individual is unable to perform; or ·Failing to comply with a purely procedural requirement. A procedural requirement which would not cause a sanction is a step that an individual must take to continue to receive benefits in the assistance program such as providing verification of circumstances. A substantive requirement, which would cause a sanction, is a behavioral requirement in the assistance program designed to improve the well-being of the recipient family, such as participating in job search activities. The following conditions apply: 1. The rule applies to individuals who fail to perform a required action while receiving assistance. 2. The rule does not apply to individuals who fail to perform a required action at the time the individual initially applies for assistance. 3. The rule applies to individuals who fail to perform a required action during an application for continued benefits as long as there is no break in participation. 4. The individual must be certified for food stamps at the time of the failure to perform a required action for this rule to apply. 5. Assistance benefits shall be considered reduced if they are decreased, suspended, or terminated. 6. If the means-tested assistance program fails to verify an individual's failure to perform a required action, this rule will not apply and DSS will not be held responsible as long as DSS made a good faith effort to get the information. 7. DSS, not the individual, is responsible for obtaining information about sanctions from other programs and changes in those sanctions. 8. The rule applies for the duration of the reduction in the assistance and cannot continue beyond the sanction of the assistance program. 9. When a TANF case closes, the food stamp sanction will remain in place for one year or until the individual no longer is considered a mandatory Employment and Training participant. 10. DSS must restore lost benefits if it is later discovered that the reduction in the public assistance was not appropriate. 10 DE Reg. 1704 (05/01/07)