Able-Bodied Adults Without Dependents (ABAWD) 111-7, 999-2

Advance Notice 777-5

Applicant 222-3

Applications 222-1, 222-6

Assets .. 333-1, 999-3

Assets Exclusions 333-2

Authorized Representative 222-3

Basis of Issuance 000-1

Boarders 111-1, 444-3

Budgeting 555-6

Budget Worksheet and Proration Chart 555-7

Categorically Eligible Households 444-8

Centers for the Treatment of Substance Use Disorders 444-5

Certification Periods 666-8

Certified Mail 777-7

Changes During the Certification Period 666-6

Child Support Deduction 555-5

Citizenship 111-2

Claims/Collection Procedures 777-3

Complaints 777-6

Confidentiality 1

Contract Income 444-2

Contradictory Information 222-5

Criminal Prosecution 777-2

Deductions 555-5, 999-3

Definitions 999-1

Dependent Care Deduction 555-5

Destitute Households 222-2

Disability 999-1

Discrimination 1

Disqualification Hearings 777-2

Disqualified Members 444-4

Disqualified Recipient Subsystem (DRS) 777-2

Documentation 222-5

Duplicate Participation 222-1

Earned Income 555-2

Earned Income Deduction 555-5

Earnings of Children 555-4

Electronic Benefit Transfer (EBT) 777-1

Employment and Training 111-5

SUBJECT SECTION

Excluded Income 555-4

Expedited Services 222-2

Fair Hearings 777-1

Farm Losses 444-2, 555-4

Filing an Application 222-1

Foster Care 999-1

Foster Care Payments 444-3

Gambling Winnings 444-12

Garnished Income 555-4

Good Cause 111-4, -5, 6

Grants, Loans and Scholarships 444-7; 555-1, -3, -4

Gross Income Test 000-1, 555-6, 999-3

Group Living Arrangements for Individuals with Disabilities 444-5

Head of Household 111-1

Homeless Shelter Deduction 555-5, 999-3

Household Concept 111-1

Identity 111-3, 222-4

Income and Assets of the Eligible Student 444-7

Income and Assets of the Ineligible Student 444-4; 444-7

Income and Eligibility Verification System (IEVS) 888-1, -2, -3, -4, -5

Income In-Kind 555-4

Income Producing Property 333-2; 555-2, -3

Ineligible Noncitizens 111-2, 444-4

Intentional Program Violation 444-4, 777-2

Interviews 222-4

Introduction 1

Job Quit 111-6

Jointly-Owned Assets 333-1, 444-8

Live-In Attendants 111-1, 555-5

Loans … 555-4

Lottery Winnings 444-12

Lump-Sum Income 333-1, 555-4

Mail Loss 777-4

Mandatory Verification 222-5

Mass Changes 666-7

Maximum Allowable Assets 333-1, 999-3

Medical Deduction 555-5

Migrant Farm Workers 444-2

Mixed Funded Households 444-11

Net Income Test 000-1, 555-6, 999-3

Noncitizens 111-2, 444-1, 444-4

Non-Compliance with Welfare Programs 444-10

SUBJECT SECTION

Non-Household Member 111-1

Notices 777-5

Overpayment 777-3

PaS Payments 555-1

Pass-through/GAP Payments 555-1

Processing Delays 222-6

Property 333-1, -2; 555-6; 666-6

Proration of Benefits 222-7; 555-6

Proration Chart 555-7

Prospective Budgeting 555-1

Prospective Eligibility 555-6, 666-6

Purchasing and Preparing Meals 111-1

Redetermination 666-9

Rental Income 444-2, 555-3

Replacement of Benefits 777-4

Reporting Requirements 666-6

Residence 111-3, 222-4

Residents of Centers for the Treatment of Substance Use Disorders or Group

Living Arrangements for Individuals with Disabilities 444-5

Restoration of Lost Benefits 666-10

Roomers 111-1, 444-2, 555-2

Self-Employment 444-2, 555-2

Shelter Deduction 555-5

Shelters for Battered Persons 444-6

Simplified Reporting 666-6

Social Security Numbers 111-4, 444-4

Sponsored Noncitizens 444-1

Standard Deduction 555-5, 999-3

Standard Utility Allowance 555-5, 999-3

Strikers . 444-9

Students 444-7

Supplements 666-6

TANF Payments 555-1

Thrifty Food Plan 000-1, 999-3

Time Limitations for Processing Application 222-6

Training Allowances 555-2

Transitional Food Assistance (TFA) 666-5

Transfer of Assets 333-4

Treatment of Income 555-1

Trust Funds 333-2, 555-3

Underpayment 666-10

Unearned Income 555-3

Vehicles 333-3

SUBJECT SECTION

Vendor Payments 555-4

Verification 222-5; 888-1, -2, -3, -4, -5

VISTA 555-4

Voluntary Job Quit 111-6

Voluntary Reduction in Work Effort 111-6

Work Requirements 111-5, 444-4

Zero Countable Gross Income 666-8

Alpha Index

Table of Contents

000-1 Basis of Issuance

1 Introduction

111-1 Household Concept

111-2 Citizenship Status and Noncitizen Status

111-3 Residence and Identity

111-4 Social Security Numbers

111-5 Work Requirements

111-6 Job Quit and Voluntary Reduction in Work Effort

111-7 Able-Bodied Adults Without Dependents (ABAWD)

111-8 Disqualification for Child Support Non-Compliance

222-1 Filing an Application

222-2 Expedited Service

222-3 Applicant/Authorized Representative

222-4 Interview Process

222-5 Verification and Documentation

222-6 Time Standards/Procedures

222-7 Approval/Denial Procedures

333-1 Maximum Allowable Assets

333-2 Asset Exclusions

333-3 Vehicles

333-4 Transfer of Assets

444-1 Sponsored Noncitizens

444-2 Self-employment, Migrant Farm Workers and Contract Employees

444-3 Boarders and Foster Care Payments

444-4 Disqualified Members

444-5 Residents of Centers for the Treatment of Substance Use Disorders or Group Living Arrangements for Individuals with Disabilities

444-6 Shelters for Battered Persons

444-7 Students

444-8 Categorically Eligible Households

444-9 Strikers

444-10 Non-Compliance with Federal, State, or Local Welfare Assistance Program Requirements

444-11 Mix-funded Households

444-12 Lottery and Gambling Winnings

555-1 Treatment of Income

555-2 Earned Income

555-3 Unearned Income

555-4 Excluded Income

555-5 Deductions

555-6 Calculating Eligibility and Monthly Benefit

555-7 Proration Chart

666-5 Transitional Food Assistance (TFA)

666-6 Changes During the Certification Period

666-7 Mass Changes

666-8 Certification Periods

666-9 Redetermination

666-10 Restoration of Lost Benefits

777-1 Fair Hearings

777-2 Intentional Program Violation (IPV)

777-3 Claims and Collections

777-4 Replacement of Benefits

777-5 Notices

777-6 Program Complaints

777-7 Electronic Benefit Transfer (EBT)

888-1 Type of Information Required and Source Agencies

888-2 Requesting Information about Applicants

888-3 Requesting Information about Recipients

888-4 Actions on Recipient Households

888-5 Use of IEVS Information

999-1 Definitions

999-2 List 1: Annual List of Geographic Areas Exempt from ABAWD Work Requirements

999-3 Charts

To determine a household's monthly benefit using the charts found in FS 999-3:

1) Calculate the household's net monthly income. Households which are not categorically eligible will have net monthly incomes which are lower than or equal to the amounts shown in Chart 1.

2) Multiply the net monthly income by 30 percent.

3) Round the product up to the next whole dollar if it ends in 1-99¢.

4) To obtain the household's allotment, subtract the result (steps 1-3 above) from the Maximum Benefit (Chart 5) for the appropriate household size.

5) Persons in household sizes one and two and which are categorically eligible will be eligible for benefits of at least those shown in Chart 6.

A. Supplemental Nutrition Assistance Program (SNAP) benefits are intended for the purchase of eligible foods, including seeds and plants. Persons outside the household may be designated to purchase food. Households are not required to have cooking facilities or access to cooking facilities to participate.

B. Certain households have been authorized by Congress to use FS to obtain prepared meals. Some examples of authorized providers are:

(1) Communal dining facilities for individuals who are elderly, with disabilities, are experiencing homelessness, etc.,

(2) Meals on Wheels for individuals who are elderly or house-bound,

(3) Centers for the treatment of substance use disorders,

(4) Group living arrangements for individuals with disabilities ("Individual with a disability" as defined in Section 999-1), and

(5) Shelters for individuals experiencing homelessness. (Section 999-1).

The Department shall use personnel employed in accordance with standards for a merit system prescribed by the U.S. Civil Service Commission for the determination of SNAP eligibility and benefit levels.

The Department shall retain all certification and fiscal records in an orderly fashion for a period of three years from the origin of the records.

A. The Department shall make rules and regulations available, upon request, to the general public.

B. Address Confidentiality Program

The Address Confidentiality Program, administered by the Secretary of State, provides address confidentiality for victims of domestic violence, stalking or sexual assault and requires state and local agencies and the courts to accept a designated address as the program participants' address when creating a public record. When an applicant or recipient verifies that they are a certified participant in the Address Confidentiality Program, the designated address is the only address

accepted and provided when staff is required to release information in each circumstance described.

C. The Department shall restrict the use or disclosure of information obtained from applicant and participating households to:

(1) Persons directly connected with:

(a) the administration or enforcement of the provisions of the Food and Nutrition Act of 2008 or regulations;

(b) other Federal assistance programs;

(c) federally-assisted State programs providing assistance on a means-tested basis to low income individuals;

(d) general assistance programs;

(e) the administration or enforcement of the programs which are required to participate in the income and eligibility verification system (IEVS) to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs;

(f) the verification of noncitizen status of noncitizens applying for SNAP, through the Systematic Alien Verification for Entitlements (SAVE) Program including the Executive Office for Immigration Review (EOIR), to the extent the information is necessary to identify the individual for verification purposes;

(g) the administration of the Child Support Program; and

(h) the administration of federal work requirements and employment and training programs.

(2) and to

(a) employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits for Social Security or SSI;

(b) employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law;

(c) the United States Department of Homeland Security if a Department staff member has seen a deportation notice for an applicant or household member;

and

(d) local, state, or federal law enforcement officials, upon their written request, if the officer furnishes the household member’s name and information that the household member is fleeing to avoid prosecution or custody for a felony, or is violating a condition of parole or probation; where the household member has information necessary for the apprehension or investigation of another member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole. The Department

shall disclose only such information as is necessary to comply with a specific written request of a law enforcement official authorized by this section. This may include address, social security number and if available picture of the food assistance recipient in question, if requested.

NOTE: The written request shall include the identity of the individual requesting the information and his authority to do so, violation being investigated, and the identity of the person on whom the information is requested.

Recipients of this released information must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this section. In addition, information received through the IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider.

Neither the Department nor its contractors shall discriminate against any applicant or participant for any reason whatsoever in any aspect of program administration. Enforcement action may be brought under any applicable Federal or State law.

The Department is an equal opportunity provider.

A. Americans with Disabilities Act

In accordance with the Americans with Disabilities Act, no qualified individual with a disability will, by reason of such disability, be excluded from participation in, or be denied the benefits of, the services, programs or activities of the Maine Department of Health and Human Services, or be subjected to discrimination by the Maine Department of Health and Human Services.

Individuals with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

B. COMPLAINTS

The Department shall accept all complaints of discrimination, written or verbal, and forward them promptly to the Secretary or Administrator at the Department of Agriculture. People who believe that they have been subject to discrimination may also file a complaint directly with the Secretary of the Department of Agriculture. Title VI complaints shall be processed in accord with 7 C.F.R. Part 15.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mailing it to:

Food and Nutrition Service, U.S. Department of Agriculture

1320 Braddock Place, Room 334

Alexandria, VA 22314;

(2) faxing it to: (833) 256-1665 or (202) 690-7442; or

(3) emailing it to: FNSCIVILRIGHTSCOMPLAINTS@usda.gov.

Benefits are issued electronically through the Electronic Benefit Transfer (EBT) System. (See Section 777-7). EBT cards are created and mailed by Maine’s EBT vendor or their designated subcontractor. Benefit authorizations are processed on a daily basis, Monday through Friday.

The regular monthly benefits are issued during a five-day period each month. Household benefits are available on the same date each month, (10th - 14th), once a household is included in the issuance cycle. The issuance date is based on the date of birth of the primary card holder.

A household must satisfy certain conditions, and the number of individuals in the household must be established, before financial eligibility can be determined. Factors affecting the composition of a household shall be verified, if it is contradictory to information known to or received by the Department.

A. Households must reside in the State of Maine.

B. Households must not live in an institution which provides the majority of meals, except for--

(1) federally subsidized housing for individuals who are elderly, built under either Section 202 or 236 of the National Housing Act et seq.

(2) centers for the treatment of Substance Use Disorders (Section 444-5).

(3) approved group living arrangements for individuals with disabilities (Section 444-5).

(4) shelters for battered persons (Section 444-6).

(5) shelters for individuals experiencing homelessness (Section 999-1).

NOTE: Individuals residing in correctional facilities are not eligible for SNAP during their stay, but may apply for benefits within 30 days prior to release. See Section 222-1.

A. an individual living alone;

B. an individual or a group of individuals who live with others, but purchase and prepare meals separately including roomers;

C. an individual at least 60 years of age who has a permanent disability which renders them unable to prepare their own meals and their spouse who live with others whose gross income does not exceed 165% of the Federal Poverty Level (Section 999-3 Chart 3);

NOTE: Exclude the individual who is elderly and their spouse when making this income determination.

or

D. a group of individuals who live together and purchase and prepare the majority of their meals together, even if the food is eaten elsewhere.

NOTE: Household members may be away from home part of the certification period but still be considered “living together”. The deciding factor to consider an individual part of a household is the “majority of meals” rule as stated above. Majority of meals can be determined by counting meals shared with the applicant household from the previous month or a longer past period not to exceed the previous certification period. The household and the Department will determine a representative period.

The following shall be considered as customarily purchasing food and preparing meals together even if they actually do purchase food and prepare meals separately:

(1) spouses residing together;

(2) parents and their natural, adoptive or stepchildren 21 years of age or younger with whom they are living;

NOTES:

(a) Ties to biological parents are severed permanently when a child is legally adopted by another person or for the duration of the guardianship designation when a child is placed under the guardianship of another person by the Court. If a child, their guardian and a biological parent reside together, only the child and guardian are mandatory members of the household.

(b) Ties to a stepparent are severed when a parent’s marriage to a stepparent is dissolved.

(c) In joint custody situations, where physical custody, including the purchase and preparation of meals is shared equally, the households may choose which household will receive SNAP benefits for the shared child(ren). The household applying for the shared child(ren) is assumed to be the household of choice unless the other household contacts the Office for Family Independence (OFI) with different information.

(3) children under 18 years of age (excluding foster children - see Section 444-3), living in a household in which another member is assuming parental responsibility; and

(4) boarders not paying an adequate amount for their meals. An adequate amount is determined by the Thrifty Food Plan (Section 999-3 Chart 5). When a boarder eats two meals or fewer per day the adequate amount is at least two-thirds of the Thrifty Food Plan.

A. boarders (Section 444-3) paying an adequate amount for their meals. The household can include such boarders as members of their household if they wish to do so.

B. roomers, if purchasing and preparing meals separately from the household.

C. live-in attendants.

D. disqualified members (Section 444-4).

E. other individuals who live with the household, but purchase and prepare their meals separately.

NOTE: These individuals are not considered when determining household size.

A. identify the total number of individuals who live together.

B. determine the relationship of individuals who live together.

C. identify members who--

(1) must be a member of the household;

(2) are members of the household by choice; or

(3) are not members of the household.

D. Include as household members those who must be household members and those who choose to be.

E. Once the household is established, identify members who are ineligible or disqualified (Section 444-4).

NOTE: These individuals' income and assets receive special treatment. They are not eligible for benefits (Section 444-4).

F. If separate household status is claimed, the claimant shall be responsible for proving that they are a separate household as defined in Section 999-1 and detailed in Paragraphs 2 and 3 above.

That responsible adult household member selected by all adult members of the household.

The household may designate their head of household each time the household is certified for participation in SNAP, but may not change the designation during the certification period unless there is a change in the composition of the household.

EXCEPTION: In situations where there are no children in the SNAP household, for purposes of failure to comply with work requirements, the head of household is the principal wage earner (that household member, including ineligible and disqualified members, who is the greatest source of earned income in the two months prior to the month in which the violation occurred).

Only U.S. citizens and certain noncitizens are eligible for SNAP benefits. The presence of an ineligible noncitizen or individual with unverified status does not prohibit the remaining members of a household from being certified.

Noncitizen status must be verified for each household member seeking SNAP benefits.

Citizenship status must be verified for any household member for whom it is questionable.

The following individuals are potentially eligible for Federal SNAP:

Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands (NMI), American Samoa or Swain’s Island,

Individuals born to one or more U.S. citizens,

Individuals adopted by one or more U.S. citizens and residing in the United States prior to reaching the age of 18, and

Individuals who have been lawfully naturalized per 8 U.S.C. §§ 1421 and 1448.

Acceptable verification of U.S. citizen or U.S. national status is listed below. Verification from one list is only acceptable if no verification from any preceding list is available.

List A includes—

a data match showing U.S. citizenship or U.S. national status with a state or national database such as—

(i) the State Data Exchange (SDX),

(ii) the Beneficiary and Earnings Data Exchange (BENDEX),

the State Verification and Exchange System (SVES); or

(iv) the Systematic Alien Verification for Entitlements (SAVE) system.

(b) A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the Virgin Islands of the U.S., American Samoa, Swain’s Island, or the Northern Mariana Islands (on or after November 4, 1986 (NMI local time)). The birth record document may be issued by the state, commonwealth, territory or local jurisdiction.

If the document shows the individual was born in Puerto Rico, Guam, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., see l through n of List B below.

(c) A U.S. passport:

Verification of U.S. citizen or U.S. national status include—

A U.S. passport, including U.S. passport card: a U.S. passport need not be currently valid to be accepted as evidence of U.S. citizenship as long as the passport was initially issued for the full validity period based on the persons age and for a period of five years or more, or

a currently valid U.S. passport or U.S. passport card regardless of limitation.

(d) A Report of Birth Abroad of a U.S. Citizen issued by the U.S. Department of State;

(e) A Certification of Report of Birth issued by the U.S. Department of State;

(f) A Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS) or its predecessors;

(g) A Certificate of U.S. Citizenship issued by DHS or its predecessors;

(h) A U.S. Citizen I.D. Card issued by DHS or its predecessors;

(i) A Northern Mariana Identification Card issued by DHS or its predecessors;

(j) An American Indian Card issued by DHS or its predecessors with the classification code “KIC” and a statement on the back denoting U.S. citizenship; or

(k) A statement provided by a U.S. consular official certifying that the individual is a U.S. citizen (given to an individual born outside the United States who derives citizenship through a parent but does not have an FS–240, FS–545, or DS–1350).

List B includes—

(a) A religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction) within three months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual’s age at the time the record was made. The record must be an official record recorded with the religious organization.

(b) A document showing employment by the U.S. government before June 1, 1976.

(c) Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of the admission to the school, the date of birth, a U.S. place of birth, and the name(s) and place(s) of the birth of the applicant's parents.

(d) A federal or state census record showing U.S. citizenship or a U.S. place of birth and the individual’s age or date of birth;

(e) One of the following documents that show a U.S. place of birth:

(i) Seneca Indian tribal census record;

(ii) Bureau of Indian Affairs tribal census records or rolls;

(iii) U.S. State Vital Statistics official notification of birth registration;

(iv) A delayed U.S. public birth record that is recorded more than five years after the person's birth; or

(v) Statement signed by the physician or midwife who was in attendance at the time of birth.

(f) A final adoption decree showing the child's name and U.S. place of birth;

(g) In situations where an adoption is not finalized and the state in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency that shows the child's name and U.S. place of birth. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate;

(h) A U.S. Military Record showing a U.S. place of birth;

(i) An extract of a hospital record on hospital letterhead, indicating a U.S. place of birth. The hospital record must have been established at the time of the person’s birth and created at least five years before the initial application date for SNAP. A souvenir “birth certificate” issued by a hospital does not satisfy this requirement.

(j) A life, health, or other insurance record showing a U.S. place of birth. The record must have been created at least five years before the initial application date for SNAP.

(k) Medical (clinic, doctor, or hospital) record showing a U.S. place of birth created at least five years before the initial application date for SNAP. (For children under age 16, the document must have been created near the time of birth or five years before the date of application.) An immunization record alone is not considered a medical record for purposes of establishing U.S. citizenship.

(l) For individuals born in Puerto Rico prior to January 13, 1941—

(i) evidence of birth in Puerto Rico and the person’s statement that they were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941; or

(ii) evidence that the person was a Puerto Rican citizen and the person’s statement that they were residing in Puerto Rico on March 1, 1917 and that they did not take an oath of allegiance to Spain.

(m) For individuals born in the U.S. Virgin Islands prior to January 17, 1917—

(i) evidence of birth in the U.S. Virgin Islands, and the person’s statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927;

(ii) the person’s statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on February 25, 1927, and that the person did not make a declaration to maintain Danish citizenship; or

(iii) evidence of birth in the U.S. Virgin Islands and the person’s statement indicating residence in the U.S., a U.S. possession, or Territory or the Canal Zone on June 28, 1932.

(n) For individuals born in Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)) prior to November 5, 1986:

(i) evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 (NMI local time) and the person’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);

(ii) evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the person’s statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

(iii) evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

If an individual entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the person is not a U.S. citizen.

(o) Evidence, from List A or items (a) through (n) of List B above, of the U.S. citizenship of the individual’s parents, evidence of the relationship of the individual to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the individual’s birth.

(p) Evidence, from List A or items (a) through (n) of List B above, that one of the individual’s parents is a U.S. citizen and that the other is a U.S. noncitizen national, evidence of the relationship of the individual to the U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa, or Swain’s Island for a period of at least one year prior to the applicant’s birth.

(q) Evidence, from List A or items (a) through (n) of List B above, of the U.S. citizenship of the individual’s mother, evidence of the relationship to the applicant, and—

(i) for births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant’s birth; or

(ii) for births after December 24, 1952, evidence that the mother had resided, prior to the child’s birth, in the U.S. or a U.S. possession for a period of one year.

(r) A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence, from List A or items (a) through (n) of List B above, that one parent was a U.S. citizen at the time of the individual’s birth;

(s) A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979, evidence, from List A or items (a) through (n) of List B above, that at least one parent was a U.S. citizen, and evidence that the parent was employed by the U.S. government or the Panama Railroad Company or its successor in title.

(t) A marriage license showing marriage prior to September 22, 1922, and evidence, from List A or items (a) through (n) of List B above, that the spouse was a U.S. citizen.

(3) List C—

In the absence of any of the above verifications, all of the following must be provided.

A written affidavit of citizenship, signed under penalty of perjury, from a third party indicating a reasonable basis for personal knowledge that the member in question is a U.S. citizen or noncitizen national. The signed statement must acknowledge that the individual signing the affidavit recognizes that providing a false statement may result in penalties including disqualification from Public Assistance and Supplemental Nutrition Assistance Programs, and criminal penalties including a fine of $500 and 11 months of imprisonment.

Verification of the identity of the third party who signed the affidavit—

from List A above or

one of following documents, even if expired:

a driver’s license issued by a U.S. state or territory that includes either a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color,

a school identification card that includes a photograph of the individual, or

c) a U.S. military card or draft record,

d) an identification card issued by the federal, state, or local government that includes a photograph of the individual or other identifying information such as name, age, sex, race, height, weight, or eye color,

e) a military dependent’s identification card,

f) a Native American tribal document,

g) a U.S. Coast Guard Merchant Mariner card.

h) a Certificate of Degree of Indian Blood, or another U.S. American Indian/Alaska Native Tribal document that includes a photograph or other personal identifying information relating to the individual.

In the absence of any of the documents described in subclause b-i or ii above, three or more corroborating documents such as marriage licenses, divorce decrees, high school and college diplomas from accredited institutions, including general education and high school equivalency diplomas, property deeds or titles, and employer ID cards can be used to verify the identity of an individual.

Verification of the citizenship or noncitizen national status of the third party who signed the affidavit from Lists A or B above; and

An affidavit signed by the individual, their guardian, or their authorized representative explaining why no verification from Lists A or B exists or can be obtained.

Verification

Acceptable Verification

In order to render a final eligibility determination, the Department needs to have received—

For status types that are not reflected in the Department of Homeland Security’s (DHS) data matching system, the “Acceptable Verifications” are detailed within that type below.

NOTE: this process applies to types that are never reflected in the DHS system, not instances that a particular individual’s status cannot be verified through the DHS system at a particular time.

For status types that are reflected in the DHS system, a data match with the Department of Homeland Security (DHS).

Supplemental Verification

(a) Supplemental Verification serves two purposes:

(i) These documents may aid the Department in securing required data matches.

(ii) In instances where a data match from DHS indicates that DHS cannot yet provide a definitive result due to a technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.

(b) Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS that includes—

(i) a statement that the individual has been granted the status,

(ii) the individual’s full name, and

at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

the individual’s passport number, or

the individual’s date of birth.

Controlling Verification Type

Once the Department receives a data match response from DHS, the data match from DHS is the controlling verification type. Should there be a discrepancy between this data match and the status attested to by the individual the Department shall—

use the status verified through the data match for all eligibility determinations and

provide the individual with contact information to resolve the conflict with DHS.

Individuals with the following noncitizen types are potentially eligible for Federal SNAP.

(1) Cuban and Haitian Entrants

(a) Description

(i) individuals granted and retaining Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641;

(ii) any noncitizen who is a national of Cuba or Haiti and

was paroled into the United States and has not acquired any other status,

b) is the subject of removal proceedings or has an application for asylum pending; and

c) to whom a final order of removal has not been entered.

(iii) individuals who were granted Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

(iv) individuals who, at one time, did or would have qualified per Subclause a (ii) above and retain a status that would otherwise qualify them for SNAP.

Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

Additional Supplemental Verification for Cuban and Haitian Entrants

To aid in the verification process, individuals with this noncitizen status are encouraged to provide—

the most current version of a letter or other document from DHS stating that the individual has been granted Cuban and Haitian entrant status that contains the individual’s full name and at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

c) the individual’s passport number, or

d) the individual’s date of birth.

or

(ii) both—

a) a Cuban or Haitian Passport or Birth Certificate and

b) the most current version of a letter or other document from DHS stating that they have received an application for asylum for the individual that contains the individual’s full name and at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

the individual’s passport number, or

the individual’s date of birth.

(2) Effective March 9, 2024, certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.

Description

Individuals lawfully residing in the United States in accordance with the Compacts of Free Association (COFA) and 8 U.S.C. § 1641 as amended by the Consolidated Appropriations Act of 2024, P.L. 118-42.

(b) Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

(3) Individuals who have been lawfully admitted for permanent residence

Description

Individuals meeting the definition of “lawfully admitted for permanent residence” as defined at 8 U.S.C. § 1101(a)(20) (“LPRs”).

Special Conditions

In addition to being an LPR, at least one of the following special circumstances must be met for individuals to be eligible for Federal SNAP:

(i) The individual was born on or before August 22, 1931 and was lawfully in the U.S. on August 22, 1996 as verified by a data match with DHS.

(ii) The individual has had a qualified status for a period of 5 years from the date of entry as verified by a data match with DHS.

(iii) The individual is under 18 years of age as verified by any government issued document.

(iv) The individual is receiving payments or assistance for blindness or disability.

Acceptable verification of this condition is—

(a) the individual receiving such payments or assistance from OFI;

(b) a data match with the Social Security Administration showing such payments or assistance; or

(c) documents from the agency providing such payments or assistance that contains the individual’s full name and either the individual’s date of birth or social security number.

(v) The individual is an honorably discharged veteran of or on active duty in the United States Armed Forces or is the spouse, unmarried widow, or unmarried dependent child of a veteran or active service member.

(a) A dependent child is the legally adopted or biological child of the individual. An individual ceases to be a dependent child:

1) the month following the month they reach the age of 18 if not a full-time student,

2) the month following the month they reach the age of 22 if they are a full-time student, or

3) never if they were determined disabled prior to their 18th birthday.

(b) Acceptable verification of this condition is:

1) Documents from the applicable branch of the Armed Services showing active-duty status other than training that contains the service member’s full name and either their date of birth or social security number; or

2) Documents from the Veterans Administration showing veteran status that contains the veteran’s full name and either their date of birth or social security number.

3) Verification that an individual meets this condition based on being the spouse or dependent child of the service member or veteran is—

a. documents from the applicable branch of the Armed Services or Veterans Administration showing eligibility for military or veterans benefits as a child or spouse that contains the individual’s full name and either their date of birth or social security number; or

b. the verifications detailed in (1) or (2) above, and

i. for a spouse, a marriage license naming the service member or veteran as the individual’s spouse; or

ii. for a dependent child a birth certificate or adoption record naming the service member or veteran as the individual’s parent and

A. if disabled, verification from the Social Security Administration,

B. if not disabled and between the ages of 18 and 22, school records naming the individual as a current student.

(vi) The individual has 40 qualifying quarters of work.

(a) This condition must be verified through a data match with the Social Security Administration (SSA).

(b) If the initial data match does not show 40 qualifying quarters, the individual states they have 40 qualifying quarters, and the individual is otherwise eligible, the Department shall issue Federal SNAP benefits for up to six months while the individual works with the SSA to rectify the count. If after six months a data match with the SSA still does not show 40 qualifying quarters, the household will be responsible for repaying the benefits issued in error.

NOTE: quarters attributed from a spouse cannot be counted if the individual divorced the spouse prior to the most recent certification for SNAP.

(vii) North American indigenous people born in Canada.

(a) Description

Individuals born in Canada who have at least 50% of their racial heritage from North American indigenous peoples.

(b) Acceptable Verification of this type is an American Indian Card issued by DHS or its predecessors with the classification code “KIC” and a statement on the back denoting U.S. citizenship.

(viii) Indigenous peoples eligible for special programs and services

(a) Description

A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) which is

recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians.

(b) Acceptable Verification of this type is documentation from the Bureau of Indian Affairs conferring this status.

(ix) Individuals with certain prior humanitarian immigrations statuses

(a) Description

Individuals who are either

1) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;

2) granted asylum under Section 208 of the Immigration and Nationality Act; or

3) whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act.

4) individuals who were granted Special Immigrant Status for Certain Iraqis as defined in the notes of 8 U.S.C. § 1157 and did not have it terminated who are now LPRs

5) individuals who were granted Special Immigrant Status for Certain Afghans as defined in 8 U.S.C. § 1157 and did not have it terminated who are now LPRs.

6) Individuals granted Afghan humanitarian parole between July 31, 2021 and September 30, 2023 and did not have it terminated who are now LPRs.

7) Individuals granted humanitarian parole between February 24, 2022 and September 30, 2024 under Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022 whose parole has not been terminated and who are now LPRs.

(b) Additional Supplemental Verification for individuals with prior humanitarian statuses

In addition to verification from Department of Homeland Security (DHS) data matches, individuals may provide supplemental documentation to establish their status as a refugee, asylee, or with deportation withheld including:

1) immigration documentation including:

a. I-94 with refugee or asylee admission notation,

b. I-571 showing refugee status,

c. I-766 noting asylum or refugee category,

OR

2) official letters from DHS or United States Citizenship and Immigration Service (USCIS) such as:

a. Notice of grant of asylum or approval of refugee status,

b. Written verification from USCIS stating the individual’s status.

(x) Certain Hmong and Highland Laotians

(a) Description

1) individuals lawfully residing in the U.S. who were a tribal member of a Hmong or Highland Laotian tribe at the time the tribe assisted the U.S. military in a military or rescue operation between August 5, 1964 and May 7, 1975.

2) the spouse and/or unmarried dependent children of an individual described in (a) above, and

3) the unmarried, surviving spouse and dependent children of a deceased person described in (a) above except that the tribal member does not have to be lawfully residing in the U.S.

(b) Special Conditions

1) individuals who have this status based on being the spouse of a tribal member have that status terminated if they are divorced from the tribal member.

2) individuals who have this status based on being the surviving spouse of a tribal member have that status terminated if they marry a non-tribal member.

3) to have this status based on being the unmarried surviving dependent child of a tribal member, the individual must have fit the definition of a dependent child of the tribal member at the time of the tribal member’s death.

NOTE: for the purposes of this status, dependent child is the legally adopted or biological child of the individual.

4) individuals who have this status based on being the dependent child or surviving dependent child of a tribal member have that status terminated the earlier of the date—

a. they get married,

b. they exceed the maximum age to be considered a dependent child:

i. if they were determined disabled prior to their 18th birthday there is no maximum age.

ii. if they are not a full-time student, the maximum age is 17,

iii. if they are a full-time student , the maximum age is 21,

Or

c. if the tribal member is still alive, they no longer meet the definition of a dependent child (See (b)(3) NOTE, above) of the tribal member.

(c) Acceptable Verification of this type is—

1) for the tribal member

a. a data match with the United States Department of Homeland Security (DHS) showing—

i. a lawful presence;

ii. a date of birth prior to May 8, 1975;

iii. a country of birth of Laos, Thailand, Cambodia, China, Vietnam, The Philippines, Indonesia, Hong Kong, Malaysia, or Singapore; and

iv. a land date after March 1975.

If the land date is prior to April 1975, the standard is still met if the individual was in the U.S. as a student, for military training, to escape the war, or some similar purpose.

and

b. Either

i. their name is listed on the Refugee Data Center list, or

ii. if they cannot be found on the Refugee Data Center list an affidavit signed by the tribal member or, if they are deceased, their surviving spouse or child swearing under penalty of law that the individual was a member of a Hmong or Highland Laotian tribe between August 5, 1964 and May 7, 1975.

2) for the current or surviving spouse, or dependent child

a. verification of the eligibility of the tribal member as detailed in (1) above and

b. verification of the relationship to the tribal member such as a birth certificate, marriage licenses or tax records.

(xi) Amerasian Immigrants

(a) Description

(i) individuals granted and retaining lawful presence in the United States per the Amerasian Immigration conditions defined in the notes of 8 U.S.C. § 1101.

(ii) individuals who were granted lawful presence in the United States per the Amerasian Immigration conditions defined in the notes of 8 U.S.C. § 1101 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

(b) Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

(xii) Individuals who have been subject to severe forms of trafficking, their spouses, minor children, parents, and siblings

(a) Description

1) individuals meeting the definition of “victim of a severe form of trafficking in persons” as defined at 22 U.S.C. § 7105(b)(1)(C) or meeting all but the age requirement, and

2) the spouse, minor child, parent, or sibling of such an individual who holds a T Visa.

(b) Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions to receive benefits, even if they currently hold a different status.

(c) Acceptable Verification of this type is—

1) verification through the trafficking victims’ verification toll-free number, (866) 401-5510; or

2) a T Visa or other document from DHS stating that the individual has been admitted as a victim of severe forms of trafficking or a qualified relative of the same that contains the individual’s full name and at least one of the following:

the individual’s social security number,

the individual’s immigration related A-Number,

c. the individual’s passport number, or

d. the individual’s date of birth.

The Department provides an equivalent State funded food assistance program to households that would be eligible for Federal SNAP benefits but for their immigration status subject to the conditions described in this paragraph (“State Funded SNAP”). State Funded SNAP is only potentially available for individuals who are ineligible for Federal SNAP, if an individual is eligible for Federal SNAP that is the assistance they will receive.

A. Verification

Acceptable Verification

In order to render a final eligibility determination, the Department will need to have received—

(a) For status types that are not reflected in a data match with the United States Department of Homeland Security (DHS) the “Acceptable Verifications” are detailed within that type below.

NOTE: this process applies to types that are never reflected in the DHS system, not instances that a particular individual’s status cannot be verified through the DHS system at a particular time.

(b) For status types that are reflected in the DHS system, a data match with the Department of Homeland Security (DHS).

Supplemental Verification

Supplemental Verification serves two purposes:

These documents may aid the Department in securing required data matches.

In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.

A data match or electronic verification through the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) is the preferred Supplemental Verification.

Controlling Verification Type

Once the Department acquires a definitive result from DHS, it is the controlling verification type. Should there be a discrepancy between this data match and the status attested to by the individual the Department shall—

use the status verified through the data match for all eligibility determinations and

provide the individual with contact information to resolve the conflict with DHS.

B. Grandfathered Individuals who meet the following conditions are potentially eligible for State Funded SNAP

(1) Description

Individuals who were receiving or had a pending application for federally funded Food Stamps, Food Supplement or SNAP benefits as of January 1, 2012.

(2) Special Conditions

(a) the individual must have been determined eligible back to January 1, 2012 and

(b) have had no subsequent lapse in eligibility.

(3) Acceptable Verification of this type is documentation in Maine’s eligibility system of uninterrupted eligibility since January 1, 2012 or a combination of documentation in Maine’s eligibility system and benefit award letters from other states or territories showing uninterrupted eligibility since January 1, 2012.

C. Individuals with the following noncitizen types are potentially eligible for State Funded SNAP provided they meet applicable Special Conditions for State Funded SNAP in Paragraph 4(D)

(1) Individuals who have been lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) (“LPRs”) except that they do not meet the special circumstances, conditions, or other statuses for Federal SNAP listed in Paragraph 3.

NOTE: To be eligible for state funded benefits these individuals must, also, meet one or more of the conditions detailed in Subparagraph D(1), (2), or (5) below.

(2) Individuals who were members of groups eligible for Federal SNAP benefits prior to July 4, 2025.

(a) Certain individuals who have been battered and certain relatives of theirs

(i) Description

a) individuals granted and retaining immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii), 1154(a)(1)(B)(ii), (iii), or (iv)(I)(cc).

b) individuals granted immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii), or 1154(a)(1)(B)(ii), (iii), (iv)(I)(cc) who did not have it terminated and now have a different status such as Lawful Permanent Resident.

NOTE: Generally speaking, these are spouses and children of individuals lawfully in the U.S. who were battered while in the U.S. or are the parent or unmarried child of the battered individual. They must not be currently residing with the batterer.

(ii) Acceptable Verification of this type is—

a) a letter or other document from DHS, a court, or a law enforcement agency demonstrating a substantial likelihood that the individual, their parent, or their minor child was the victim of abuse by their spouse, or parent, or a family member there of that contains the individual’s full name and at least one of the following:

1) the individual’s social security number,

2) the individual’s immigration related A-Number,

3) the individual’s passport number, or

4) the individual’s date of birth.

and

b) a data match with the United States Department of Homeland Security (DHS) showing a lawful presence.

iii) Supplemental Verification

To aid in the verification process, individuals with this noncitizen status are encouraged to provide the most current version of a letter or other document from DHS stating that the individual has a lawful presence that contains the individual’s full name and at least one of the following:

a) the individual’s social security number,

b) the individual’s immigration related A-Number,

c) the individual’s passport number, or

d) the individual’s date of birth.

However, even with verification of lawful presences, this status is not verified without the verification of the abuse listed in ii(a).

(b) Certain individuals who have been paroled into the U.S. for one year or more for urgent humanitarian reasons or significant public benefit.

(i) Description

Individuals granted, for at least one year, and currently retaining immigrant status under the conditions of 8 U.S.C. § 1182(d)(5).

(c) Certain individuals who were granted conditional entrance prior to April 1, 1980.

(i) Description

Individuals granted conditional entrance per 8 U.S.C. § 1153(a)(7) as it was in effect May 31, 1980. The text of this law can be found at https://uscode.house.gov/statviewer.htm?volume=79&page=912#.

Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St.

Augusta, ME 04333-0011

(ii) Acceptable Verification of this type is a data match with the United States Department of Homeland Security (DHS) showing conditional entrance granted prior to April 1, 1980.

(d) The following individuals or groups are potentially eligible for State Funded SNAP prior to obtaining an adjusted status to LPR as described in Paragraph 3(B)(3) above.

(i) North American indigenous people born in Canada (See Paragraph 3(B)(3)(vii)).

(ii) Indigenous peoples eligible for special programs and services (See Paragraph 3(B)(3)(viii).

(iii) Individuals with certain prior humanitarian immigration statuses (See Paragraph 3(B)(3)(ix)).

(iv) Certain Hmong and Highland Laotians (See Paragraph 3(B)(3)(x).

(v) Certain Amerasians (See Paragraph 3(B)(3)(xi).

(vi) Certain victims of severe forms of trafficking (See Paragraph 3(B)(3)(xii)).

(3) Certain asylum seekers

(a) Description

Individuals who have filed an application for asylum and for withholding of removal with DHS or the DOJ immigration court.

(b) Supplemental Verification

To aid in the verification process, individuals with this noncitizen status are encouraged to provide the most current version of a letter or other document from DHS or DOJ stating that an application for asylum on behalf of the individual has been received that contains the individual’s full name and at least one of the following:

(i) the individual’s social security number,

(ii) the individual’s immigration related A-Number,

(iii) the individual’s passport number, or

(iv) the individual’s date of birth.

Certain individuals with temporary protected status

Description

Individuals who have been granted and retain temporary protected status per 8 U.S.C. § 1254(a).

Supplemental Verification

To aid in the verification process, individuals with this noncitizen status are encouraged to provide the most current version of a letter or other document from DHS stating that individual has been granted temporary protected status that contains the individual’s full name and at least one of the following:

(i) the individual’s social security number,

(ii) the individual’s immigration related A-Number,

(iii) the individual’s passport number, or

(iv) the individual’s date of birth.

D. Special Conditions for State Funded SNAP

In addition to the requirements of Subparagraph C, above, at least one of the following special circumstances must be met for individuals to be potentially eligible for State Funded SNAP:

(1) The individual is 65 years of age or older as evidenced by any government issued document

(2) The individual has a disabling condition

Description

The individual meets the definition of blind or disabled per 42 U.S.C. 1382c.

Acceptable verification of this condition is—

(i) the individual receiving disability related cash or medical assistance from OFI,

(ii) a data match with the Social Security Administration (SSA) showing the individual is receiving disability related cash or medical assistance from them,

(iii) a letter or other document from SSA showing the individual is eligible for disability related medical or cash assistance, or a favorable disability determination that contains the individual’s full name and either their date of birth or social security number; or

(iv) a current favorable disability determination from Maine’s Medical Review Team.

The individual cannot legally work

(a) Description

(i) the individual is subject to and within a waiting period before they can apply for an Employment Authorization Document (EAD), or

(ii) the individual is eligible for an EAD and has applied for it but has not received it.

(b) Acceptable verification of this condition is—

a data match with DHS showing that the individual is subject to and within a waiting period to apply for an EAD;

(ii) a data match with DHS showing that the individual has applied for Employment Authorization but has not yet received it; or

(iii) verification that the individual is an asylum seeker (See Subparagraph C(3)(b) of this paragraph), and that same verification shows that the application was received recently enough that the individual is still within the waiting period to apply for an EAD.

(iv) for a child under 18 verifications also includes either—

a birth certificate or adoption record naming the person verified as eligible through i, ii, or iii above as the individual’s parent or

b) a signed affidavit from the individual verified as eligible through i, ii, or iii above that the child is theirs.

(c) Supplemental Verification

To aid in the verification process, individuals with this special consideration are encouraged to provide the most current version of a letter or other document from DHS stating that they have received an application for an EAD from the individual. The document must contain the individual’s full name and at least one of the following:

(i) the individual’s social security number,

(ii) the individual’s immigration related A-Number,

(iii) the individual’s passport number, or

(iv) the individual’s date of birth.

(4) The individual or their parent was issued an EAD but is currently unemployed

(a) Description

(i) the individual was issued an EAD but has not found employment;

(ii) the individual was issued an EAD and lost all forms of employment; or

(iii) the individual is under 18 years of age and one or more of their parents in their household fits i or ii above.

(b) Acceptable verification of this condition is—

(i) verification of the end of any known employment consistent with Sections 222-5(2)(E), 555-2 p. 2, 666-6(2)(D)(3) and (3)(C)(2), and 666-9(5)(A)(1), and—

(ii) either

a) prior information in the OFI system that the individual received an EAD; or

b) a data match with DHS showing that the individual received an EAD.

(iii) for a child under 18 verifications also includes either—

a birth certificate or adoption record naming the person verified as eligible through i and ii above as the individual’s parent; or

b) a signed affidavit from the individual verified as eligible through i and ii above that the child is theirs.

(5) The Individual’s household is experiencing the effects of domestic violence

Description

One or more members of the household are experiencing domestic violence or the effects thereof by a spouse, a parent, or a member of the spouse’s or parent’s family residing in the same household as the applicant including—

(i) physical acts/threats of physical injury;

(ii) sexual abuse or assault of a child or caretaker of a child; or

(iii) psychological effects of abuse.

(b) Acceptable verification of this condition is a letter or other document that indicates the household member is experiencing domestic violence or the effect thereof from:

(i) DHS,

(ii) a court,

(iii) a law enforcement agency,

(iv) a governmental child or adult protective agency,

(v) a licensed social worker, or

(vi) a medical professional.

(c) The letter or other document must contain the household member’s full name and at least one of the following:

(i) their social security number,

(ii) their immigration related A-Number,

(iii) their passport number,

(iv) their date of birth, or

(v) in the case of verification from other offices within Maine’s Department of Health and Human Services or medical providers working with MaineCare, the household member’s identification number within OFI’s eligibility system.

(d) If documentation from (b) above cannot be obtained, a signed statement from:

(i) the individual,

(ii) the head of household, or

(iii) their authorized representative,

attesting to:

1. the Domestic Violence circumstances,

2. ongoing effects thereof, and

3. why no document from (b) above can be obtained.

b. Containing the household member’s full name and at least one of the following:

1. their social security number,

2. their immigration related A-Number,

3. their passport number, or

4. their date of birth.

NOTE: Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided self-attested statements or forms.

General Rules

Citizenship, noncitizen status, and the special conditions described in this section must be verified at application or any time a change in these factors is reported by the household or a third party.

Per 8 U.S.C. § 1320b-7 the status of any noncitizen must, ultimately, be verified through a data match with DHS.

(3) The same processing standards (§§222-6, 222-7, 666-6, and 666-9), reasonable opportunity to provide verification (§§ 222-5, 666-6 and 666-9), and other considerations that apply to all other aspects of application or change reporting also apply to citizenship, noncitizen status, and the special conditions described in this section.

(4) Citizenship, noncitizen status and the special conditions described in this section only need to be verified for individuals attesting that such factors make them potentially eligible for SNAP benefits. Individuals who state their noncitizen status makes them ineligible for SNAP do not need to have their status verified. Other information, such as their income or assets may need to be verified.

(5) The presence of an ineligible member in the household does not preclude eligible members from receiving SNAP. Their income or assets may render the remaining members ineligible. (See Sections 444-1, 444-4, and 555-6.)

Processing

(1) Applicants are required to declare on behalf of each household member whether that member is a citizen or a qualifying noncitizen, or not.

(2) Applicants and participants are encouraged to provide the following at application or anytime they experience a change in citizenship, noncitizen status, or the special conditions described in this section:

(a) a declaration of their specific citizenship or noncitizen status and any special conditions described in this section,

(b) their full name and date of birth (citizens naturalized after their date of birth are encouraged to provide their date of naturalization as well), and

(c) at least one of the following enumerators:

For citizens and noncitizen nationals—

a social security number or

naturalization/citizenship number.

(ii) For noncitizens—

a) an immigration related A-Number,

b) an I-94 number,

c) a card/receipt number from a DHS document,

d) a passport number from a foreign passport and the name of the issuing country,

e) a U.S. Visa number, or

f) a Student and Exchange Visitor Information System (SEVIS) number; and

g) Any documentation that would serve as acceptable or supplemental verification of the declared citizenship, noncitizen status or special conditions as defined in Sections 3 and 4 above for the respective declaration of status or special conditions.

(3) At initial application or a reported change in citizenship, noncitizen status or special conditions the Department shall verify that the individual has provided the items detailed in 2 above.

If the individual states that they are a citizen or national of the United States, the following processes apply:

(i) If their status was previously verified with OFI, it is verified;

(ii) If they provide Acceptable Verification, their status is verified;

(iii) If they were not previously known to OFI and they do not provide Acceptable Verification the following processes apply:

If they do not provide their full name, the date they became a citizen or national, and a social security number:

1) their status is not verified and

2) the Department shall request this information and documentation in writing.

a. If they provide documentation, their status is verified.

b. If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number the steps outlined in Subclause a(iii)(b) below apply.

c. If they do not timely provide documentation or their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number, they are ineligible for failure to provide required documentation.

If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number—

their attested status is honored until determined to be questionable, as defined in Section 999-1.

the Department shall attempt a data match to verify their status.

If the data match is successful, their status is verified.

If the data match is not successful, the Department shall request documentation from the individual in writing.

If documentation is provided, the status is verified.

If documentation is not provided timely, the individual is ineligible for failure to provide the required documentation.

c. If they were previously known to OFI and had declared citizenship, but it had not been verified and they do not provide documentation, the Department shall request documentation from the individual in writing.

i. If documentation is provided, the status is verified.

ii. If documentation is not provided timely, the individual is ineligible for failure to provide required documentation.

(b) If the individual states that they are an eligible noncitizen other than a noncitizen national, the following processes apply:

(i) If the individual has not provided their name, date of birth, and at least one enumerator listed in Clause 2(c) above, the Department shall request them and any related Verification in writing.

a) If the individual provides at least their name, date of birth and an enumerator, the appropriate steps per Subclause b(ii) below apply.

b) If the individual does not provide at least their name, date of birth, and an enumerator timely, they are ineligible for failure to provide mandatory verifications.

(ii) If the individual provides their name, date of birth, and at least one enumerator listed in Clause 2(c) above, the Department shall attempt a data match to verify their status and special conditions.

a) If the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

b) If the data match with DHS does not support the declared noncitizen status or special conditions, the Department shall request documentary verification from the individual in writing (if it has not yet been provided or requested) and attempt subsequent data matches.

1) If at any point the data match supports declaration(s) of status and special conditions they are verified until a change is reported.

2) If the data match reflects the attested status and conditions but shows a subsequent change of status and/or conditions, the most recent status and conditions reflected in the data match are verified until a change is reported.

3) If the household refuses or fails to provide verification timely, the individual is ineligible for failure to provide required documentation.

4) If documentary verification has been provided, the Department shall attempt a data match in a period not to exceed 7 calendar days from the date the documentary verification is received by the Department. The attested status or special conditions are honored until such time that the data match provides the Department with a response based on the documentary verification provided by the applicant. If otherwise eligible, benefits will be granted until the data match response is received.

(iii) If the individual declares a status or special consideration that cannot be verified through a data match, the following processes apply:

a) If the Department has Acceptable Verification, the declarations are verified.

b) If the Department does not have Acceptable Verification, the Department shall request them from the individual in writing.

1) If Acceptable Verification is provided, the declaration is verified.

2) If Acceptable Verification is not provided timely, the individual is ineligible for failure to provide required verification.

NOTE: this process applies to types that are never reflected in the DHS system, not instances that a particular individual’s status cannot be verified through the DHS system at a particular time.

(iv) Special process for declarations that must or can be verified through means other than a data match or documentation (e.g. Individuals who have been subject to severe forms of trafficking)

a) The Department shall attempt to secure Acceptable Verifications via phone, fax, or other methods prescribed by the verifying agency.

b) If Acceptable Verification is provided, the declaration is verified.

If the agency verifies that the declaration is not applicable, the lack of status or special consideration is verified.

If additional information is needed to secure verification, the Department shall request it and any related documentation from the individual in writing.

If the necessary information is provided, the Department will attempt to secure the verification again.

2) If the necessary information is not provided timely, the individual is ineligible for failure to provide mandatory verification.

C. Mix-Funded Households

Some households include a mix of individuals eligible for Federal SNAP and individuals eligible for State Funded SNAP. In such cases, different funding sources may pay for benefits received by different parts of the household. See Section 444-11 for budgeting considerations.

D. Reporting Individuals with Deportation Orders.

If a Department staff member has seen a deportation notice for an applicant or household member, the Department shall report their name, address and other identifying information to DHS.

A household must be living in the State. Verification of identity and residence is required. Persons in the State solely for vacation, i.e., who intend to return to their home in another state within 30 days, shall not be considered residents. Residing in a permanent dwelling or having a mailing address is not required. Persons in correctional facilities must be in a state or county correctional facility within Maine, and intend to remain in Maine indefinitely upon release.

NOTE: When applying the “residence” rule, understand that the individual must be able to be considered a resident, for SNAP purposes, somewhere in the United States. If one or more other states refuse to consider the individual a resident of such state because the individual was or is present in Maine, consider the individual to be a resident of Maine.

EXCEPTIONS:

A. EXPEDITED SERVICE - Postpone verification of residence if it would delay processing.

B. INDIVIDUALS EXPERIENCING HOMELESSNESS - Do not require verification of residence.

When an applicant or recipient verifies that they are a certified participant in the Address Confidentiality Program, Department staff will accept the designated address as a program participant’s address when creating a SNAP record, unless Maine’s Secretary of State has determined that─

A. The Department has a bona fide statutory or administrative requirement for the use of the program participant’s address or mailing address, such that it is unable to fulfill its statutory duties and obligations without the residential address; and

B. The program participant’s address or mailing address will be used only for those statutory and administrative purposes. These purposes may include situations involving caseload distribution, work registration requirements, and Quality Control reviews.

A. Responsibilities of the Household--

(1) Verify Maine residence and identity with rent and mortgage receipts, utility bills, tax receipts, driver's license, etc.

(2) If no documents are available, provide the name and address of at least one collateral contact.

B. Responsibilities of the Department--

(1) Evaluate verification.

(2) Request additional information when verification is questionable.

(3) Document the case file.

GENERAL RULE - Each household member must furnish a Social Security Number or provide proof of application for one before certification. If a member has more than one Social Security Number, all numbers must be provided.

If the household is unable to provide proof of application for a Social Security number (SSN) for a newborn, the household must provide the SSN or proof of application at its next recertification or within 6 months following the month the baby is born, whichever is later. If the household is unable to provide a SSN or proof of application for SSN at its next recertification within 6 months following the baby's birth, good cause shall be determined.

Responsibility

FAILURE TO COMPLY: The household shall be advised that refusal or failure to provide a Social Security Number will result in disqualification of the non-complying member, unless good cause exists. See FS 444-4 for disqualification procedures.

GOOD CAUSE: Good cause exists if a "good faith" effort is being made by the household to fulfill its responsibility and cooperate with the Social Security Office and the agency. Individuals with good cause for failure to comply shall be allowed to participate for an additional month. A good cause determination must be made each month thereafter.

ENDING DISQUALIFICATION FOR FAILURE TO COMPLY: A disqualified individual may become eligible by providing a Social Security Number or proof of application.

VERIFICATION OF SOCIAL SECURITY NUMBER:

Social Security Numbers shall be verified through computer cross matching with SSA.

A. WORK REGISTRATION

Within 30 days of any application and once every twelve months after being found eligible, each household member age 16 through 59 who is not exempt pursuant to subsections 1 through 9, below, must register and maintain an active Maine JobLink account with the Maine Department of Labor and must comply with the provisions of the Responsibilities of Registrants section, below. Registration may be completed online, and may be prepared by someone acting on behalf of, and with consent of, the mandatory registrant.

B. EXEMPT MEMBERS

An individual is not required to participate in work registration, but may voluntarily participate when the household member is:

(1) age sixteen or seventeen and not the principal wage earner, regardless of student status.

(2) a student, regardless of age, who is enrolled at least half time in any recognized school, training program, or institution of higher education.

(3) working an average of thirty or more hours per week or, if working fewer hours, earning an average of the weekly equivalent of thirty hours at the federal hourly minimum wage.

(4) subject to, and complying with, a TANF work requirement.

(5) receiving or applying for unemployment benefits.

(6) caring for a dependent child under age 6.

NOTE: “Dependent Child” is a child who resides with a parent or stepparent or, in the absence of residing with a parent, a child who resides with an adult who is assuming parental responsibility for the child (see Section 111-1).

(7) caring for an incapacitated person who cannot provide their own care. The incapacitated person need not live with the SNAP household.

(8) physically or mentally unable to work thirty or more hours per week. When this is not apparent, or there is contradictory information, a doctor's statement or proof of disability benefits shall be required.

(9) a regular participant in a substance use disorder treatment and rehabilitation program.

C. RESPONSIBILITIES OF REGISTRANTS

Work registrants must:

(1) when required by these or applicable federal rules, participate in an employment/training program.

(2) comply with the work participation requirements of other means-tested public assistance programs, such as TANF/ASPIRE and General Assistance, if the participant is a member of the other program(s) in addition to SNAP.

(3) respond to requests from the Department, the Maine JobLink, and/or a prospective employer about employment status or availability for work.

(4) when referred by the Department or its designee, report for suitable employment.

(5) accept a bona fide offer of suitable employment.

A job is not suitable for purposes of this Clause or Clause 4, above, if:

(i) it pays less than the Maine minimum wage.

(ii) it is dangerous to health or safety.

(iii) daily commuting time of more than two hours is required, or the distance is unreasonable, considering the wage, commuting time and costs, or lack of transportation.

(iv) the registrant is physically or mentally unable to do the job.

(v) the registrant is required to join or quit a union.

(vi) there is a strike or lock-out at the work site.

(vii) it interferes with religious doctrine.

(viii) when the job is offered within thirty days of the initial registration, it is outside the registrant's major field of experience. A registrant is required to accept an otherwise suitable job when offered after the first thirty days.

D. DISQUALIFICATION PROVISIONS

(1) When a household member does not comply with a registration requirement and cannot show good cause, that member is disqualified from receiving SNAP.

(2) Start Date of Disqualification - The start date is the first of the month after normal procedures for closing or removal of the individual have taken place. Should a fair hearing delay the implementation, the period starts the first of the month following the decision upholding the agency.

(3) Disqualification Penalties and Ending Disqualification - Unless the member who was in violation becomes exempt for a reason other than TANF, PaS or UIB status, the disqualification period continues until the disqualified member both—

(i) complies with all registration requirements and

(ii) serves a penalty period of at least—

(a) one month for the first violation,

(b) three months for the second violation, or

(c) six months for the third violation and subsequent violations

which occurred 8/22/96 or later.

NOTE: If the person who caused the disqualification joins another household, the penalty follows them.

(4) SPECIAL RULES - TANF AND UIB - When a member who was exempt because of registration in TANF, PaS, or UIB fails to comply with a work participation requirement, the household is treated as though that member violated the SNAP work requirements.

EXCEPTION: A purely procedural requirement, such as submitting a monthly report form, shall not be considered a failure to meet work participation requirements.

E. GOOD CAUSE PROVISIONS

(1) When a work registrant fails to comply with the work registration, employment and training, or voluntary quit requirements, the Department may make a determination of Good Cause. The Department shall consider all facts and circumstances, including information submitted by the household member and the employer.

(2) Good Cause includes circumstances beyond the member's control, such as, but not limited to—

(i) illness,

(ii) illness of another household member requiring the presence of the member seeking Good Cause,

(iii) a household emergency,

(iv) the unavailability of transportation, or

(v) the lack of adequate child care for children between six and twelve years of age.

A. GENERAL RULE

Mandatory work registrants must accept referral to the appropriate SNAP Employment and Training Program (E&T) or SNAP E&T contracted agency.

B. RESPONSIBILITIES OF REGISTRANT - Those persons referred must comply with requirements set forth in the SNAP E&T Plan detailed in 10-144 C.M.R.Ch. 609, Supplemental Nutrition Assistance Program – Employment and Training (SNAP E&T) Program Rules. Persons with substantial barriers to participation may be excused from participation by SNAP E&T or the SNAP E&T contracted agency.

C. RESPONSIBILITIES OF SNAP E&T OR SNAP E&T CONTRACTED AGENCY—

(1) Each registrant who is referred shall be advised of the participation requirements, what constitutes noncompliance, and the consequences of noncompliance.

(2) When SNAP E&T or the SNAP E&T contracted agency determines that a mandatory registrant has failed, without cause, to comply, the OFI shall be notified. Appropriate disqualification action shall be started within ten working days after receiving the notice of noncompliance.

(3) In the event of a fair hearing, a SNAP E&T or the SNAP E&T contracted agency representative, as well as an OFI representative, shall represent the Department.

D. DISQUALIFICATION PROVISIONS - Same as for violation of any work requirement (see Paragraph 1(D) above).

E. GOOD CAUSE PROVISIONS - Same as for any work requirement (see Paragraph 1(E) above).

A. Disqualifying Action

When any of the following individuals has voluntarily and without good cause quit a job of 20 hours or more per week or that provided weekly earnings at least equivalent to the state or federal minimum wage (whichever is higher) multiplied by 20 hours or voluntarily and without good cause reduced their work effort (and, after the reduction, are working less than 30 hours a week), that individual is not qualified to receive SNAP:

(1) A household member not exempt from work registration (See Section 111-5);

(2) A household member who is only exempt from work registration (See Section 111-5) based on being subject to and complying with a TANF work requirement; or

(3) A household member who is only exempt from work registration (See Section 111-5) based on working an average of thirty or more hours per week or, if working fewer than 30 hours is earning an average of the weekly equivalent of thirty hours at the federal hourly minimum wage.

For applicant households, the job quit and voluntary reduction in work effort disqualification applies only if the violation occurred within 60 days prior to the application date.

B. Start Date of Disqualification

For applicant households, the start date is the day of the job quit or voluntary reduction in work effort. For households receiving SNAP benefits, the start date is the first of the month after normal procedures for closing or removal of the individual have taken place. Should a fair hearing delay the implementation, the period starts the first of the month following a decision upholding the Department’s decision.

C. Disqualification Penalties and Ending Disqualification

Unless the member who was in violation becomes exempt for a reason other than TANF or PaS or UIB status, the disqualification period continues until the disqualified member gets a new job with comparable salary or hours or, if disqualified for voluntary reduction in work effort, resumes working or gets a new job with at least 30 hours a week. The person is also disqualified for a period not less than one month for the first violation, three months for the second violation, and six months for the third violation which occurred 8/22/96 or later.

D. Good Cause

Good cause for leaving employment includes the good cause provisions found in Section 111-5 and resigning from a job that does not meet the suitability criteria specified in Section 1115. Good cause shall also include, but not be limited to:

(1) Discrimination by an employer based on age, race, sex, color, disabling condition, religious beliefs, national origin or political beliefs.

(2) Work demands or conditions that render continued employment unreasonable. An example would be not being paid on schedule.

(3) Acceptance of employment or enrollment of at least half time in a recognized school, training program, or institution of higher learning that requires the head of household to leave employment.

(4) Acceptance by any other household member of employment or enrollment in a recognized school, training program, or in another area which requires the household to move and thereby requires the head of household to leave employment.

(5) Resignations which are recognized by the employer as retirement.

(6) Employment which becomes unsuitable as specified in Section 111-5.

(7) Acceptance of a bona fide offer of employment of more than 20 hours a week (or the equivalent of 20 hours times the state or federal minimum wage, whichever is higher) and the job either doesn't materialize or ends up less than the 20 hours a week criteria.

(8) Leaving a job in connection with patterns of employment where workers frequently move from one employer to another. A couple of examples are migrant farm laborers and construction workers.

A government employee who is dismissed because of participating in a strike is considered to have quit without good cause.

A. The disqualification ends the day the disqualified member becomes exempt from work registration requirements for a reason other than being a TANF or unemployment compensation work registrant.

B. If the disqualified household member gets a new job with salary or hours greater than or equal to those of the job they quit or, if disqualified for voluntary reduction in work effort, resumes working at least 30 hours a week, that member’s disqualification ends the later of the date that they resumed work or—

(1) the date that is one month after the date the individual became ineligible, for the first work requirement violation;

(2) the date that is three months after the date the individual became ineligible, for the second work requirements violation; or

(3) the date that is six months after the date the individual became ineligible, for the third or subsequent work requirements violation.

An Able-Bodied Adult Without Dependents (ABAWD) is an individual who is—

at least 18 years of age, and

(2) in a SNAP household with no members under the age of 14, and.

(3) not exempt according to the conditions detailed in Paragraph 4, below.

An individual is no longer an ABAWD—

beginning the month they turn 65 years of age.

A. An ABAWD is not eligible for SNAP benefits if, during a “fixed” 36month period, the ABAWD received SNAP benefits for three countable months or more and was not at the same time:

(1) working in paid employment of at least 20 hours per week (averaged monthly); or

(2) participating in and complying with the requirements of a work program under the Workforce Investment Opportunity Act (WIOA) or a work program under the Trade Adjustment Assistance Act (TAA) for at least 20 hours per week (averaged monthly); or

(3) participating in and complying with the requirements of an employment training program operated by the State or political sub-division of the State, other than a job search program or a job search training program, for at least 20 hours per week (averaged monthly); or

(4) participating in and complying with the requirements of a workfare program or volunteer community service for a monthly maximum of the value of the household benefit divided by state or federal minimum wage, whichever is higher. The total number of monthly required hours may be met by the ABAWD individually or collectively by members of the SNAP household. Hourly requirements of a workfare program or volunteer community service are determined by dividing the SNAP household benefit allotment by the state or federal minimum wage, whichever is higher, rounded down to the nearest hour. Pursuant to Section 20(c) of the Food and Nutrition Act, no member will be required to work in any workfare or volunteer position to the extent that such work exceeds in value the allotment to which the household is otherwise entitled. In addition, no member may be required to work more than thirty hours per week when the required workfare or volunteer hours are combined with any other compensated work performed that week.

B. A fixed 36-month time period began October 1, 2023 and ends September 30, 2026. Subsequent time periods will follow using the same beginning and ending months, so the next fixed 36-month time period would start October 1, 2026 and end September 30, 2029.

C. A countable month (referred to in Sub-paragraph A above) is a month during which an individual receives SNAP benefits for the full benefit month while not an exempt member.

D. The work hours must be verified. In addition, ABAWDs must report when hours fall below 20 hours per week (averaged monthly), (except those working in a program described in Sub-paragraph A(4). above). If self-employed, the ABAWD must be employed for 20 hours or more per week and receive weekly earnings at least equal to state or federal minimum wage, whichever is higher, multiplied by 20 hours.

A. If an individual would have worked an average of 20 hours per week but missed some work for Good Cause, the individual is considered to have met the work requirement if the absence from work is temporary and the individual retains their job.

B. Good Cause includes circumstances beyond the individual's control, such as, but not limited to—

(1) illness,

(2) illness of another household member requiring the presence of the member,

(3) a household emergency, or

(4) the unavailability of transportation.

The individual is exempt from the work requirements in Paragraph 2 above if the individual is one or more of the following:

A. Exempt from work requirements listed in Section 111-5(1)(B) or (E);

B. Physically or mentally unfit for employment;

NOTE: If not evident, medical certification is required. In lieu of a doctor’s statement, statements from nurses, nurse practitioners, social workers or medical personnel may be sufficient.

C. Receiving temporary or permanent disability benefits issued by governmental or private resources;

D. Pregnant;

E. Subject to and complying with a TANF or unemployment compensation system work requirement;

F. A student, regardless of age, who is enrolled at least half time in any recognized school, training program, or institution of higher education;

G. Caring for an incapacitated person who cannot provide their own care;

H. Regularly participating in a substance use disorder treatment program meeting the requirements of Title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.);

I. An Indian or an Urban Indian as defined in paragraphs (13) and (28) of section 4 of the Indian Health Care Improvement Act or California Indian as defined in section 809(a) of the Indian Health Care Improvement Act;

J. A resident of a Maine geographic area (city, town, plantation, unorganized territory, township or reservation) listed in Section 999-2.

An ABAWD who is denied eligibility under this provision can regain eligibility if, during a 30-day period, the ABAWD:

A. Works 80 or more hours;

NOTE: If self-employed, the ABAWD must be employed for 80 hours or more and must receive earnings at least equal to state or federal minimum wage, whichever is higher, multiplied by 80 hours.

B. Participates in and complies with the requirements of a work program under the Job Training Partnership Act (JTPA) or a work program under the Trade Adjustment Assistance Act (TAA) for at least 80 hours;

C. Participates in and complies with the requirements of an employment training program operated by the State or political sub-division of the State, other than a job search program or a job search training program, for at least 80 hours, or participates in and complies with the requirements of a workfare program or volunteer community service for a monthly maximum of the value of the household benefit divided by state or federal minimum wage, whichever is higher.

Hourly requirements of a workfare program or volunteer community service are determined by dividing the SNAP household benefit allotment by state or federal minimum wage, whichever is higher rounded down to the nearest dollar. The total number of monthly required hours may be met by the ABAWD individually or collectively by the members of the SNAP household. Pursuant to Section 20(c) of the Food and Nutrition Act, no member will be required to work in any workfare or volunteer position to the extent that such work exceeds in value the SNAP allotment to which the household is otherwise entitled. In addition, no member may be required to work more than thirty hours per week when the required workforce or volunteer hours are combined with any other compensated work performed that week.

As an example, if the SNAP household benefit is $150 per month, and the relevant minimum wage is $15.00 per hour, the hourly requirements would not exceed 10 hours per month.

An ABAWD who regains eligibility remains eligible as long as they work 20 hours per week or participates in a work training program, workfare, or volunteer community service subject to the requirements above.

An individual ABAWD who regains eligibility for SNAP benefits subject to the requirements above then loses their job, work training program, workfare, or volunteer community service position remains eligible to receive SNAP benefits, if otherwise eligible, for an additional period of three consecutive months without working or being in work training program, workfare program, or volunteer community service.

Any additional three-month extension period of eligibility begins on the date the individual first notifies the state that they have lost their job; work training program, workfare, or volunteer community service position. If the individual notifies the state of the loss in a prorated month, the period begins on the first day of the next month.

This additional three-month period of eligibility is available to an ABAWD only once in any 36-month period. However, there is no limit on the number of times an individual may regain and maintain eligibility by fulfilling the work requirement.

Repealed December 2021

All households have the right to file an application for SNAP benefits. Households are encouraged to file the application the same day they express an interest in applying. SNAP benefits will be calculated from the date of application (Section 999-1).

A. To start the application process, the requesting household must file an application, and at minimum:

(1) Provide the applicant's name and address; and

NOTE: The address need not be a specific street address; i.e., an individual experiencing homelessness may simply list a town or region of the state.

(2) sign the application.

B. TANF applicants are given the opportunity to apply for SNAP benefits at the same time they apply for TANF.

C. SSI applicants/recipients, including those residing in public institutions (Section 999-1), are allowed to apply for SNAP through the Social Security Office. The Social Security Office shall forward all completed SNAP applications to the Department for eligibility determination. The Department shall screen applications for completeness, verification, and expedited service. A second interview by the Department is not required.

D. Maine residents in a state or county correctional facility within Maine are allowed to apply for SNAP within 30 days prior to their anticipated release date.

Individuals cannot be included as members in more than one SNAP household in the same month. This restriction also applies to individuals moving from one state to another.

Dual participation in SNAP and the Food Distribution Program on Indian Reservations (FDPIR) is prohibited. (See Section 999-1, page 3 for additional information.)

EXCEPTION: Individuals who reside in shelters for battered persons (Section 444-6).

The Department shall provide applications to individuals who request them the same day they are requested.

The Department shall assist in completion of applications upon request.

The Department shall interview a responsible member of the household or an authorized representative as detailed in Section 222-4.

The Household must verify information as detailed in Section 222-5.

The Department shall process necessary documents to authorize receipt of SNAP benefits.

NOTE: The household may, at any time, voluntarily withdraw the application. The Department shall document in the case record that the household wanted to withdraw and, if appropriate, the reason for withdrawal.

F. To determine eligibility, the application form and applicable supplements must be completed and signed. If the household refuses to cooperate in any of the steps above, the application is denied at the time of refusal. For a determination of refusal to be made, the household must be able to cooperate, but clearly demonstrate that they will not take actions they can take and that are required to complete the application process;

G. The Department shall determine the household to be ineligible if they refuse to cooperate in any subsequent review of their eligibility.

Once denied or terminated for refusal to cooperate, the household is not eligible until they cooperate.

The following households, including residents of centers for the treatment of Substance Use Disorders and residents of group living arrangements, are entitled to expedited services:

A. households with gross monthly income less than $150.00, and with liquid assets of $100.00 or less;

B. households whose combined monthly gross income and liquid resources are less than the household's monthly rent/mortgage and the appropriate standard utility allowance;

C. households of migrant farmworkers who meet the definition of "destitute."

"Destitute" means that the household's only income for the month of application was received prior to the date of application and the income was from a source which has been terminated; or the household's only income for the month of application is from a new source of income of more than $25.00 will not be received by the 10th day after the date of application.

Migrant farmworker households who meet this definition of "destitute" shall have their eligibility and benefit level calculated for the month of application by considering only income which is received between the first of the month and the date of application.

A. Prior to issuance of any benefits, the applicant's identity shall be verified through available documents or a collateral contact.

B. If all necessary additional verification has been provided, SNAP benefits shall be authorized the day the application was filed.

NOTE: For a household which is otherwise eligible for expedited service but was denied or terminated for refusal to cooperate with a Quality Control reviewer, see Section 222-5.

C. If not all necessary additional verification has been provided by the next work day, the Department shall postpone verification and authorize benefits before the close of business.

The required verifications must be provided before the Department may authorize another month's allotment.

NOTE: Expedited service does not apply to a renewal form received before the end of a household's current certification period. However, a renewal form received after the household's certification period ends is entitled to expedited service if otherwise eligible for such service.

1. Applicant - The person in whose name the application is made and in whose name the FS coupons will be mailed.

2. Authorized Representative - A responsible non-household member, designated by the head of the household, or another responsible adult member of the household, to act on behalf of the participating household.

NOTE: With the exception of residents of drug and alcohol treatment centers, an authorized representative must be designated in writing by a responsible household member.

An authorized representative must be aware of relevant household circumstances.

WHO CANNOT BE AN AUTHORIZED REPRESENTATIVE

1. State employees involved in the certification and/or issuance process;

2. retailers who are authorized to accept FS coupons;

3. individuals disqualified for an intentional program violation during their disqualification period, unless no one else is available.

The person interviewed may be any responsible household member or an authorized representative.

Households must have telephone interviews prior to certification, except for the following circumstances:

A. The Department shall process all applications and annual eligibility reviews without an interview until March 31, 2023 unless —

(1) the household requests an interview,

(2) there is unclear information on the application or renewal form, or

(3) the household would be determined to be ineligible based on information provided on the application or renewal form.

B. Households are not required to have face-to-face interviews with Office for Family Independence (OFI) staff for applications or annual eligibility reviews.

C. Households will be scheduled for face-to-face interviews at (OFI) regional offices or available itinerant sites, if requested by the household or their authorized representative.

D. Households which have no earned income and in which all adult members are elderly and/or have disabilities are not required to complete an interview at annual eligibility review unless —

(1) there is unclear information on the renewal form, or

(2) the household would be determined to be ineligible based on information provided on the renewal form.

The Department shall conduct an interview if the household requests one.

A. All interviews must be scheduled as promptly as possible to ensure that eligible households receive benefits within the appropriate time limits for processing.

B. In the case of applications received from residents of correctional facilities (Section 222-1), a telephone interview may be completed prior to release at the request of the applicant. Absent a request from the applicant, the Department may not schedule an interview date prior to the anticipated release date.

C. If the household fails to complete the first scheduled interview, the Department shall notify the household in writing that they are responsible for re-scheduling the interview. If the household contacts the Office for Family Independence (OFI) within the 30 day application period, the Department shall schedule a second interview. If, after 30 days from the date of application (Section 999-1), the household has failed to complete an interview, the Department shall deny the application.

D. During the interview, the Department shall advise the household of their rights and responsibilities and the consequences of failure to comply with program requirements. The Department shall provide written notice of rights and responsibilities and the consequences for failure to comply with program requirements at each determination whether or not an interview has been conducted.

Recipients cannot be required to come into the office for a face-to-face interview during a certification period; however, the Department may request an interview in instances of information that is contradictory to information known to or received by the Department. The Department shall give the household ten days to respond to the request to clarify the contradictory information. Failure to resolve the contradiction results in closure procedures for failure to resolve the contradiction, not for failure to complete the interview.

Certain financial and non-financial information must be verified to ensure accuracy.

EXCEPTION: Categorically Eligible Households (Section 444-8).

Any of the following items that are reported by the household, must be verified:

Noncitizen Status (Section 111-2),

Identity (Section 111-3),

Maine Residency (Section 111-3),

Social Security Number (Section 111-4),

Current Earned and Unearned Income or lack thereof (Section 555-2 and 555-3),

Utility Expenses if the household is not eligible for a Standard Utility Allowance (Section 555-5),

Deductible Medical Expenses (Section 555-5),

Deductible Legally Obligated Child Support Payments (Section 555-5),

I. Dependent Care Expenses (Section 555-5), and

J. Meeting the definition of "Individuals with Disabilities" (Section 999-1).

Information that is contradictory to information known to or received by the Department or is otherwise considered questionable as defined in Section 999-1 and may affect eligibility or benefit levels, including separate household status (Section 111-1 (2)(D)) and the proration of lottery winnings (Section 444-12).

A. Documentary evidence is used as the primary source of verification for all items except residency and household size. Some examples of documentary evidence are wage stubs, rent receipts, and utility bills. Acceptable verification is not limited to any single type of document.

B. Whenever documentary evidence is insufficient to make a firm determination of eligibility or benefit level, or cannot be obtained, a collateral contact may be required. Generally, the Department shall rely on the household to provide the name of any collateral contact. The household may ask for help in designating a collateral contact.

When the collateral contact, designated by the household, cannot provide an accurate third party verification, the Department shall do one of the following:

(1) designate another collateral contact;

(2) ask the household to designate another collateral contact; or

(3) ask the household to provide an alternative form of verification.

NOTE: The Department is responsible for obtaining verification from acceptable contacts. A collateral contact is an oral confirmation of a household's circumstances by a person outside the household. The contact may be made by the Department either in person or by telephone. The Department shall not require written statements by collateral contacts as a condition of eligibility. Some examples of acceptable collateral contacts include employers, lessors, social service agencies, and neighbors who can be expected to provide accurate third-party verification.

Prior to making any collateral contact, the Department shall inform the household of the proposed contact, what information is required, and why the contact is needed.

Households must be provided a clear notice of their right to withdraw their application if they do not want the Department to pursue a collateral contact designated by the Department.

The Department shall document evidence to support decisions of eligibility and/or benefit levels, the reasons for questioning non-mandatory items, the need to make collateral contacts, and the reasons for not accepting an applicant’s designated collateral contact.

The household has the primary responsibility for providing verification to support statements made on the application. The Department shall assist the household in obtaining this verification. The household is not required to present verification in person. The Department shall accept any reasonable proof provided by the household and shall be primarily concerned with how adequately the verification proves the statement on the application form. When all other sources of income verification are unavailable, the amount to be used must be based upon the best available information.

The same verification procedures that are used for initial application are used in all subsequent eligibility and benefit level decisions. The verification requirements at annual eligibility review are detailed in Section 666-9(5). The verification requirements for changes during the certification period are detailed in Section 666-6.

The Department will deny or close an application or case when verification is not provided due to refusal or failure to provide verification. For a determination of refusal to be made, the household must be able to cooperate, but clearly demonstrate that they will not take actions that they can take and that are required to complete the certification process. For example, to be denied for refusal to cooperate, a household must refuse to be interviewed, not merely fail to complete it. If there is any question as to whether the household has merely failed to cooperate the household must not be denied or closed based on refusal.

If the household refuses or fails to provide verification, the Department shall deny the application, unless there is good cause (Section 999-1).

If the household is receiving benefits and refuses or fails to provide verification, the Department shall close the case, unless there is good cause (Section 999-1).

C. The household is not ineligible based upon a person outside the household failing to cooperate with a request for verification. Individuals considered disqualified (see list at Section 444-4) and authorized representatives (Section 222-3) are not considered as a person outside the household.

D. If a household refuses to cooperate with a Quality Control reviewer, the household shall be denied or terminated for refusal to cooperate. The household is not eligible until they cooperate with the Quality Control review or they reapply after the time limits described below. This ineligibility applies to all households, including those eligible for expedited service.

(1) If a household, which has been terminated for refusal to cooperate with a State Quality Control reviewer, reapplies after 125 days beyond the annual review period for that Quality Control sample month, they may be found eligible, but each eligibility factor must be verified, regardless of whether or not the information is contradictory to information known to or received by the Department.

(2) If such a household reapplies after 125 days from the end of the annual review period for that Quality Control sample month, and the household is eligible for expedited service, the household shall be provided benefits based on the expedited service processing requirements, including the provision that only identity must be verified. However, before the household may receive an issuance not processed under expedited service requirements, the household must provide verification of all eligibility requirements.

(3) Verification of all eligibility requirements refers to any household circumstance that could affect eligibility. Required verification is not limited to those items required at the time of initial application or at annual eligibility review. Items such as household composition, citizenship or eligibility for a standard utility allowance that would normally only be verified unless contradictory to information known to or received by the Department, must be verified in these cases.

(4) If a household which has been terminated for refusal to cooperate with a Federal Quality Control reviewer reapplies after 9 months beyond the annual review period for that Quality Control sample month, it may be found eligible but each eligibility factor must be verified.

NOTE: The annual review period refers to the federal Quality Control review period and runs from October 1 through September 30.

E. Where verification is incomplete, the Department shall provide the household with a written statement of required verification and an offer to assist in obtaining it. The Department shall allow the household at least ten days from the date of the initial request for the particular verification to provide the missing verification.

F. When information from another source contradicts statements made by the household, the Department shall give the household at least 10 days to resolve the discrepancy.

G. When the household fails to provide verification required to establish a deductible expense or income exclusion, the Department shall determine eligibility without the deduction or exclusion. The Department shall not deny or terminate benefits for failure to provide such verification.

An opportunity to participate includes the authorization of benefits and access to those benefits through an EBT card.

The Department shall give eligible households that complete the initial application process an opportunity to participate as soon as possible but no later than 30 calendar days following the date of application (Section 999-1). In instances where a card must be ordered for the household, authorization any later than the 27th day from the date of application, will not provide the household an opportunity to participate within the 30 day standard.

NOTE: The Department will mail a decision or card to the designated address of a participant in the Address Confidentiality Program (ACP) within the same timeframe consistent with this section. The administrators of the ACP will then forward the mail to the ACP participant. Therefore, the ACP participant might experience delays in receiving decisions and cards.

The Department shall send households that are determined to be ineligible a notice of denial as soon as possible but not later than 30 days following the date of application. If the household fails to complete a scheduled interview and makes no effort to reschedule the interview or pursue the application, the Department shall send a notice of denial on the 30th day following the date of application.

In cases where the interview was conducted and all necessary verification was requested on the date of application, the Department shall send a notice of denial no sooner than the tenth day or later than the 30th day if the household was provided assistance as outlined in Section 222-5, but failed to provide the requested verification.

If the Department does not determine eligibility and provide an opportunity to participate within 30 days following the date of application, the cause of the delay is determined using the following criteria:

A. A delay is considered the fault of the household if they have failed to complete the application process and the Department has taken all of the required actions to assist the household. The following actions must have been taken by the Department before a delay can be considered the fault of the household:

For failure to complete the application, the Department must have offered or attempted to offer assistance in its completion.

For failure to comply with work registration requirements, the Department must have informed the household of the need to register members and the household must have been given at least ten days from the date of such notification to register these members.

Where verification is incomplete, the Department must have offered assistance as outlined in Section 222-5 and the household must have been allowed sufficient time to provide the missing information (at least ten days from the date of the initial request for the particular verification).

For failure to complete an interview, the Department must have attempted to reschedule the initial interview within 30 days following the application date by sending a notification of missed interview (NOMI) to the household informing the household it missed the interview appointment and that it is the household’s responsibility to contact the Department to reschedule the interview.

NOTE: If the household failed to complete the first scheduled interview and a subsequent interview is postponed at the household's request or the household cannot otherwise be rescheduled until after the 20th day but before the 30th day, the household must complete the interview, bring verification, and register members for work/training by the 30th day. Otherwise, the delay is the fault of the household. If the household failed to complete the first scheduled interview and a subsequent interview is postponed at the household's request until after the 30th day the delay is the fault of the household. If the household missed both scheduled interviews and requests another interview any delay is the fault of the household.

B. Delays that are the fault of the Department include, but are not limited to, those cases where the Department failed to take the actions described in Subparagraph A, above.

Actions to be taken on processing delays--

Delays beyond the 30th day--

(a) If, by the 30th day, further action cannot be taken on the application due to the fault of the household, eligibility for benefits for the month of application is lost. The Department shall send the household a notice of denial which advises them that if the required action is taken within 60 days following the application date a new application is not necessary. If the household is found eligible, benefits will be authorized from the date the household takes the required action.

(b) Whenever a delay in the initial 30 day period is the fault of the Department, it shall take action immediately to correct the situation.

If the delay is solely the result of the Department not allowing the household 10 days prior to the 30th day to provide verification of noncitizen status, the Department shall issue benefits for the month of application and the current month on the 30th day.

(ii) In all instances, the Department shall notify the household by the 30th day—

a) that their application is being held pending, and

b) action they must take to complete the application process.

(iii) If the household is found to be eligible during the second 30 day period, eligibility must be determined back as far as the date of application.

Delays beyond the 60th day--

If the Department is at fault for not completing the application process by the end of the second 30 day period, and the case file is otherwise complete, the Department shall continue to process the original application until an eligibility determination is reached. If the household is determined eligible, and the Department was at fault for the delay in the first 30 day period, eligibility must be determined back as far as the date of application.

If, the initial delay was the household's fault, eligibility must be determined back as far as the date the household took the required action. The original application may be used to determine the household's eligibility in the months following the 60 day period.

If the Department is at fault for not completing the application process by the end of the second 30 day period but the case file is not complete enough to make an eligibility determination, the Department shall continue to process the original application.

If the household is at fault for not completing the application process by the end of the second 30 day period, the Department shall deny the application and the household is required to file a new application if they wish to participate. The household is not entitled to any lost benefits even if the delay in the initial 30 day period was the fault of the Department.

EXCEPTION: Expedited services (Section 222-2).

When a delay is the fault of the Department, the Department shall--

A. not deny the application until--

sufficient information is received to render a decision, or

the household fails to comply with a requirement;

and

B. take prompt action to process the application;

C. determine eligibility back to the date of application; and

D. if the household is eligible, authorize benefits back to the date of application or the date the household takes the required action per the standards established in (3)(C) above.

A. When a delay is the fault of the household, the Department shall deny the application.

B. If the household takes the required action within 60 days of the date of application, a new application is not necessary. The Department shall determine eligibility and if the household is eligible authorize benefits back to the date the household takes the required action.

After processing an application, the Department shall—

1. send a Notice of Decision; and

2. determine eligibility back to the date of application (Section 999-1) or the date the household takes the required action per the standards established in Section 222-6(3)(C).

A. If the household is eligible—

(1) The Department shall authorize benefits.

(2) The certification period is established per Sections 666-5 or 666-8.

B. If the household is ineligible, the Department shall send a notice explaining the reason(s) for denial.

NOTE: The annual eligibility review process is covered in Section 666-9.

All assets of all household members, and disqualified individuals are counted with the exceptions found in Section 333-2. The value of assets, except for licensed vehicles, is the equity value (fair market value less encumbrances).

NOTE: Fair market value is the price a property would bring on the open market, assuming an informed buyer will buy, but is not compelled to buy; and an informed seller will sell, but is not compelled to sell. “Fair market value” of real property may be established by either the testimony of competent real estate appraisers or town tax appraisal at 100% valuation rate, at the Department’s option.

A. Households that qualify as Categorically Eligible Households (Section 444-8) have no asset limit.

B. Households that do not qualify as Categorically Eligible Households and have no members age sixty or over nor a member with disabilities (according to the definition of ”Individuals with Disabilities” (Section 999-1) provided in these Rules) have a countable asset limit found in Section 999-3 Chart 9. These households with countable assets exceeding this limit are not eligible for federally funded SNAP.

C. Households that do not qualify as Categorically Eligible Households but have a member age sixty or over or a member with disabilities (according to the definition of “Individuals with Disabilities” (Section 999-1)) have a countable asset limit found in Section 999-3 Chart 9. These households with countable assets exceeding this limit are not eligible for federally funded SNAP.

D. Households that do not qualify as Categorically Eligible Households and would be eligible for federally funded SNAP except that their countable assets exceed the limit are eligible for state funded SNAP.

A. Assets held jointly between persons residing in shelters for battered persons and the individual from whom they are fleeing are not counted if agreement by that individual is required to access its value. (See Section 444-6).

B. For jointly owned vehicles, see Section 333-3 page 1.

C. Otherwise, if the household demonstrates that they have access to only a portion of the asset, that portion is counted toward the household's assets.

Joint bank accounts are assumed to be owned by the household unless they present convincing evidence that a non-household member has contributed all, or part, of the money. That portion proved to have been contributed by a non-household member is not counted.

A. Liquid Assets

Cash, crypto currency, checking, savings, Christmas Club accounts, stocks, bonds, credit union shares. Non-recurring lump sum payments, Certificates of Deposits (C.D.s), etc.

B. Non-Liquid Assets

Personal property, licensed and unlicensed vehicles including recreational vehicles (boats, snowmobiles, etc.), buildings and land, recreational property, and non-fungible assets.

The value of the following assets are not counted. (These assets are considered “excluded”).

A. the home in which the household lives and the surrounding lot, if not separated by property owned by someone else,

B. the home and lot which is temporarily unoccupied because of employment, job training, illness, or disaster if the household intends to return,

C. the lot on which the household plans to build, or is building their primary residence if the household does not already own (or is buying) their home,

D. vehicles used as the household's home,

E. assets with cash value not accessible to the household, such as:

(1) property in probate, or property which is inaccessible due to legal action;

EXCEPTION: this exclusion does not apply to jointly owned vehicles if the household member has possession of, or use of, the jointly owned vehicle. (See Section 333-3.)

(2) real property which the household is making a good faith effort to sell at a reasonable price;

NOTE: A "good faith effort to sell" must be verified through documentation that: the property is offered for sale in a major newspaper, through a real estate broker, or other comparable venue; and the household has not declined a reasonable offer.

(3) installment contracts for the sale of property (including vehicles), if the agreement is producing income consistent with its fair market value. Fair market value and consistent income may be determined by contacting local realtors, assessors, etc. Treatment of income from installment contracts is found in Section 555-3.

(4) certain jointly held assets (Section 333-1(3)) that cannot be subdivided and the joint owner will not agree to sell;

(5) irrevocable trusts when:

(a)The agreement is not likely to cease;

(b) No household member has power to revoke or change it;

(c) The trustee is either a court, institution, etc. not under control of a household member or is an individual appointed by a court which has imposed limitations on the use of funds;

(d) Investments made on behalf of the trust do not involve or assist any business or corporation under the direction or influence of a household member; and

(e) The funds held in trust—

(i) were established by a non-household member, or

(ii) are used solely for trust investments or to pay the educational or medical expenses of beneficiaries.

F. non-liquid assets that cannot be sold or disposed of for a significant return.

The sale or disposition of a resource is not considered to provide a significant return if it is unlikely to yield $1,500 or more, after estimated costs of sale or disposition and taking into account the ownership interest of the household.

Exceptions:

(1) vehicles, and

(2) homes, including mobile homes, used primarily for vacation purposes.

G. household goods - such as furniture, appliances, and gift cards;

H. personal effects - such as clothing, jewelry and non-fungible assets;

I. prepaid funeral contracts, burial space, and the value of one bona fide funeral agreement per household member;

J. life insurance;

K. pension funds;

L. taxed-preferred retirement accounts, as described from the Internal Revenue Service (IRS) code, below:

(1) Section 401, Traditional Defined- Benefit Plan

(2) Section 401(a), Cash Balance Plan

(3) Section 401(a), Employee Stock Ownership Plan

(4) Section 401(a), Keogh Plan

(5) Section 401(a), Money Purchase Pension Plan

(6) Section 401(a), Profit-Sharing Plan

(7) Section 401(a) ,Simple 401(k)

(8) Section 401(a) ,401(k)

(9) Section 403(a), 403(a)

(10) Section 403(b),403(b)

(11) Section 408 IRS, Individual Retirement Arrangement (IRA)

(12) Section 408(p), Simple retirement account IRA

(13) Section 408(k), Simplified Employee Pension Plan (SEP)

(14) Section 408A IRS, Roth IRA

(15) Section 408A IRS, myRA

(16) Section 457(b), Eligible 457(b) Plan

(17) Section 501(c ), 501(c )18 Plan

(18) Section 8439 of Title 5 USC, Federal Thrift Savings Plan

M. vehicles which are totally exempt (Section 333-3);

N. income producing real property - if the property is annually producing income consistent with its fair market value, even if only used on a seasonal basis;

O. tools and equipment necessary for employment - even if the person is not currently employed, the tools and equipment need not be producing income consistent with the fair market value;

P. Property, including licensed vehicles, essential to self-employment farming for one year from the date self-employment farming was terminated.

Q. government payments - to restore a home damaged in a disaster, provided the funds are restricted to this purpose;

NOTE: Payments from private insurance settlements are counted.

R. assets which have been prorated as income, such as -

(1) student income from grants and loans;

(2) self-employment income;

(3) contract income;

S. livestock - used to produce income or intended for family consumption;

T. Indian lands - held jointly with the Tribe;

U. assets excluded by Federal statute including, but not limited to -

(1) payments excluded by Congressional action (examples - the Maine Indian Land Claims Settlement or The Agent Orange Settlement Fund),

(2) payments to Indian Tribal members regarding sub-marginal land held in trust by the U.S.,

(3) The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits,

(4) reimbursement from Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970,

(5) payments received from The Job Training Partnership Act (JTPA),

(6) payments from LIHEAP (Section 999-1),

(7) Housing and Urban Development (HUD) retroactive tax and utility cost subsidy; and

(8) Achieving a Better Life Experience (ABLE) accounts, established under Sec. 529A of the Internal Revenue Code of 1986.

V. The assets of any household member who receives Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF) or Parents as Scholars (PaS);

W. A federal earned income tax credit received either as a lump sum or as payments under section 3507 of the Internal Revenue Code for the month of receipt and the following month for the individual and that individual's spouse;

X. Any federal, state, or local earned income tax credit received by any household member for 12 months, provided the household was participating in SNAP at the time they received the earned income tax credit and provided the household participates continuously during that 12-month period. Breaks in participation of one month or less due to administrative reasons, such as delayed recertification, shall not be considered as nonparticipation in determining the 12-month period;

Y. Matching awards of Savings Offer Success (SOS) made by Rural Opportunities, Inc. (ROI) to households that participate in their program;

NOTE: The individual’s contribution are counted.

Z. Funds in the Department of Housing and Urban Developments (HUD) Family Self-Sufficiency Program (FSS) escrow accounts;

AA. Family Development Accounts or Separate Identifiable Accounts set up as authorized by state law 20-A M.R.S. § 10982 of up to the $10,000 cap and any accrued interest;

BB. Federal Thrift Savings accounts as provided in Sec. 8439, Title 5, U.S.C.; and

CC. Education savings accounts established under Sec. 529 (qualified tuition program), and Sec. 530 (Coverdell education savings) of the Internal Revenue Code of 1986.

A. Excluded funds kept in a separate account are exempt for an unlimited time.

B. Excluded funds that are deposited in an account with other funds are only exempt for six months from date they are co-mingled.

EXCEPTION: Earned income tax credits excluded in Section 333-2(1)(X) continue to be excluded for 12 months even if they are co-mingled with other funds.

C. Student grants, deferred loans and self-employment funds are not counted as assets for the period of time they have been prorated as income. (See Section 444-8.

The fair market value and/or equity value of all nonexempt vehicles is counted. Encumbrances are not considered in determining fair market value.

EXCEPTIONS:

If NADA book value does not apply (antique, custom or classic cars), a dealer appraisal will be required. If the car is not listed in the NADA Book or recipient claims the car is in less-than-average condition, recipient value may be accepted, unless questionable. If value will affect eligibility, require verification from a knowledgeable source.

Vehicles that are jointly owned by a household member and a non-household member who does not live with the household are excluded from countable resources provided that the vehicle is unavailable to the household member because the household member does not have possession of, or use of, the vehicle and the household member is unable to sell the vehicle because the signature of the co-owner is needed and he or she will not sign.

Inability to sell the vehicle is only one factor. If the household has use of the vehicle, it is not excluded due to joint ownership. If the household is not using the vehicle,

but has possession of the vehicle, it is not excluded due to joint ownership.

NOTE: The fair market value of vehicles is found in NADA Book under Average Trade-in Value (excluding optional equipment, mileage or special equipment for disabled).

NOTE: A household is not limited to a certain number of vehicles per household size or per the number of licensed drivers. Each vehicle is to be evaluated separately.

Fair Market Value Test (Average Trade-in Value) Fair Market Value - $4,650.00 Excess Value | Equity Test Fair Market Value - Amount owed Equity Value Producing income Includes vehicles needed to do a particular job. Includes vehicles deemed necessary by the employer. It does not include vehicles necessary for commuting to and from employment. | DO NOT count | DO NOT count Used as a home | DO NOT count | DO NOT count Transporting a physically disabled household member If disability is not evident, or if the disabled member does not receive disability payments, written proof of impairment must be produced by a physician. | DO NOT count | DO NOT count Carrying heating fuel or water When such heating fuel or water is anticipated to be the primary source of fuel and water for the household during the certification period. | DO NOT count | DO NOT count Value is inaccessible (sale would produce less than $1500) | DO NOT count | DO NOT count One vehicle per household | DO NOT count | DO NOT count One licensed vehicle per adult member | USE this Rule | DO NOT count Commuting to employment or job training or seeking employment | USE this Rule | DO NOT count Additional licensed vehicles | Count the Greater of Fair Market or Equity Value Unlicensed vehicles | DO NOT count | USE this Rule

EXCEPTION: Vehicles on Indian Reservations not required to be licensed will be evaluated the same as licensed vehicles.

GENERAL RULE - Disqualify for up to one year households that have knowingly transferred assets for the purpose of qualifying for FS benefits.

Disqualification Applies If the Assets were Transferred

in the three-month period prior to application.

OR

any time during the certification period.

Disqualification Does Not Apply If

assets transferred would not have otherwise affected eligibility.

assets were sold or traded at or near current market value.

transfers were made between members of the same household.

OR

transfers were made for a reason other than attempting to qualify for FS, such as placing funds in an irrevocable trust fund for a child's education.

The length of the disqualification period is based on the amount the assets would have exceeded the limit if the transfer had not occurred.

DISQUALIFICATION PERIODS

Use the following chart to determine the disqualification period.

Amount in Excess of Disqualification

Asset Limit Period (Months)

$ 0 to $ 249.99 1

$ 250 to $ 999.99 3

$1,000 to $2,999.99 6

$3,000 to $4,999.99 9

$5,000 or more 12

Noncitizens must verify Maine residency and have eligibility determined according to the rules in Section 111-2. Sponsored noncitizens have a portion of their sponsor’s income and assets counted toward their eligibility and benefit level.

A. Sponsored Noncitizen: is a person lawfully admitted for permanent residence to the U.S. for whom a person (the sponsor) has executed an affidavit of support (USCIS Form I-864 or I-864A)

B. Sponsor: A person or organization signing an affidavit or document on behalf of the noncitizen as a condition of entry.

C. Date of Entry or Admission: The date established by the Department of Homeland Security (DHS) as the date the noncitizen was admitted for permanent residence.

The Sponsor’s income and assets will not be deemed to the following individuals:

A. Noncitizens who are members of the sponsor’s SNAP household;

B. Noncitizens who are sponsored by an organization.

C. Noncitizens not required to have a sponsor under the Immigration and Nationality Act, such as refugee, parolee, individuals granted asylum and entrants from Cuba or Haiti;

D. Noncitizens who are determined to be unable to obtain food and shelter in the absence of assistance, taking into account their own income. The sponsor’s income is not counted for a (12 month period.

F. A battered noncitizen spouse, noncitizen parent of a battered child, or a child of a battered noncitizen.

The sponsor’s income is not counted for 12) months after the Department determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, the batterer’s income and assets will not be counted if the battery is recognized by a Court or DHS, and has a substantial connection to the need for benefits and the noncitizen does not live with the batterer;

G. Noncitizens who are children under the age of 18 regardless of when they entered the United States;

H. Noncitizens credited with 40 qualifying quarters of work (Section 111-2);

I. Noncitizens ineligible for SNAP even if other members of their household are eligible; and

J. Noncitizens whose sponsor’s income is below 130% of the FPL (Section 999-3 Chart 2).

A. The income of a sponsor’s spouse does not count toward the deeming unless the sponsor’s spouse has also signed the affidavit of support and the sponsor and their spouse live together.

If so, the spouse's income and assets are counted even if they were not married at the time the agreement was signed.

B. If a sponsor sponsors more than one noncitizen, the income and assets are divided among the number of noncitizens that are sponsored by them.

C. If a noncitizen changes sponsors after being certified for SNAP, use the new sponsor's income and assets are used to determine eligibility.

D. Money paid to the noncitizen by the sponsor is counted as income to the noncitizen, to the extent that it exceeds the income deemed from the sponsor.

E. If the noncitizen has applied for TANF and has had income and assets deemed for that program, the TANF figures are used.

Deeming of a sponsor’s income and resources continued until:

A. the noncitizen gains U.S. Citizenship,

B. the noncitizen has worked or received credit for forty (40) qualifying quarters of work, or

C. the sponsor dies.

The amount of income deemed to each sponsored noncitizen is calculated by:

A. Adding together all the earned income of the sponsor’(s),

B. Subtracting the 20% earned income deduction,

C. Adding all the unearned income of the sponsor(s),

D. Subtracting the gross monthly income limit (Section 999-3 Chart 2) for the sponsors’ family size (number of dependents who are, or could be, listed on Federal Income Tax Form), and

E. Dividing the result by the number of noncitizens sponsored.

The result is the income deemed to each sponsored noncitizen.

The assets value deemed to each sponsored noncitizen is calculated by:

A. Adding the countable assets of the sponsor and spouse,

B. Subtracting $1500.00, and

C. Dividing the result by the number of noncitizen households sponsored.

The result is the assets deemed to each sponsored noncitizen.

Both the sponsor and the noncitizen are liable for any over-issuances. The Department may establish claims against both parties, unless it can be verified that one of the parties was without fault in providing the information.

A. GENERAL RULE

(1) Self-employment income is averaged over a twelve-month period when it represents the household's largest income source anticipated for the 12-month period. This applies even when it is received in a shorter period of time.

(2) Seasonal self-employment income which is not the household’s largest income source anticipated for the 12-month period is averaged over the season.

B. VERIFICATION

Acceptable verification of self-employment income, expenses, and assets includes but is not limited to income tax returns, business records, and amortization schedules.

C. DETERMINING INCOME

(1) All gross self-employment income including the full amount of capital gains is added together. This means that a household with more than one self-employment enterprise shall have all self-employment gross income added together.

(2) All costs of producing income are added together. This means that a household with more than one self-employment enterprise shall have all self-employment costs added together.

(a) Payments on the principal of the purchase price of income producing real estate, capital assets, equipment, machinery, or other durable goods are allowed.

(b) A household deriving income from child or adult care may elect actual documented cost of meals or the current reimbursement amounts used in the Child and Adult Care Food Program (published annually in the federal register per 7 C.F.R. § 226.4(i)) as the cost of non-reimbursed meals provided to individuals.

These values can be found at https://www.federalregister.gov/documents/search?conditions%5Bterm%5D=%22Child+and+Adult+Care+Food+Program%22+%22Payment+Rates%22&order=newest.

Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station109 Capitol St.

Augusta, ME 04333-0011.

(c) For business use of the home expenses, see Paragraph D below.

(d) Expenses not allowed are:

(i) net losses from previous periods;

(ii) federal, state and local income taxes, retirement plans, and work-related personal expenses (transportation to and from work);

(iii) depreciation.

(3) The total costs of producing the income are subtracted from the total gross income of the self-employment enterprise(s) to arrive at the net earnings.

NOTE: The purpose of Sub Paragraphs 1 through 3 above is to arrive at the total self-employment income of the household. This process allows the loss from one self-employment enterprise to be subtracted from the gain of another self-employment enterprise within the household.

(4) The net earnings are divided by number of months over which income is averaged.

(5) Self-employment income is added to any other income received by the household.

NOTE: Losses from a farm enterprise are deducted from any other countable household income. This special consideration applies only to farms with annual gross sales of $1,000.00 or more.

D. USE OF RESIDENCE FOR SELF-EMPLOYMENT

The proportionate share of shelter costs used for self-employment purposes may be used as self-employment expenses. If the household chooses this approach—

(1) actual or Internal Revenue Service (IRS) allowed utility expenses, not the standard utility allowance, can be used as a business expense;

(2) the interest expenses and the principal of loan and mortgage payments can be used;

(3) that portion of shelter costs used as self-employment expenses cannot be used as shelter expenses. (See Section 555-5 for the effect of the self-employment expense decision on the household's allowable utility expenses.)

E. RENTAL SELF-EMPLOYMENT INCOME

(1) If at least one member of the household is actively engaged in the management of the property at least an average of 20 hours per week, this income is treated as earned income.

(2) If no member of the household is actively engaged in the management of the property at least an average of 20 hours per week, this income is treated as unearned income

(3) Income from roomers

Income from roomers as defined in Section 999-1 is always treated as earned income regardless of the number of hours the household is actively engaged in the management of the property. If a person rents out a room in their primary residence, the cost of renting out that room may be claimed as a self-employment expense.

(a) If the roomer income is listed on Federal Tax Returns, the method used for determining those expenses on the return is the method that is used for SNAP budgeting.

(b) Otherwise, this expense is determined by multiplying the costs of operating and maintaining the residence by either:

(i) the number of rooms used exclusively by the roomers divided by the total number of rooms in the residence, or

(ii) the square footage of the space used exclusively by the roomers divided by the square footage in the residence.

That portion of household expenses counted as a cost of doing business may not be counted again as a shelter expense. (See Paragraph D(3) above.)

Excluded costs shall not exceed the payments received from the roomer.

If meals are also provided, see Section 444-3.

A. All income received in the month of application prior to the application date is counted.

NOTE: Travel advances are included when a written contract stipulates the advance will be subtracted from wages. Other travel advances are treated as reimbursements.

B. Future income is budgeted when receipt is reasonably anticipated in the application month.

C. Income for the month of application must be verified.

A. GENERAL RULE

Contract income is averaged over a twelve month period when it represents the household's largest income source anticipated for the 12-month period, provided it is not paid on an hourly or piecework basis. This applies even when it is received in a shorter period of time such as sometimes occurs with teachers and other school employees.

Contract income is averaged over the period the income was intended to cover when it is not the household's largest income source anticipated for the 12-month period, provided it is not paid on an hourly or piecework basis.

B. DETERMINING ELIGIBILITY

The averaged contractual income is added to other household income. Income exclusions and deductions shall then be applied in the usual way.

GENERAL RULE - Foster care individuals (both children and adults) placed in the home of relatives (including parents and siblings) or other individuals or families by a federal, state, or local governmental foster care program shall be considered boarders. These foster care boarders and all other boarders are ineligible to participate independent of the household with whom they live. Do not count income and assets of a boarder, foster children and foster adults to determine eligibility of a household, unless the household chooses to include him/her as a member.

NOTE: When the household chooses not to include the foster person, do not include foster care payments even though they go direct to the provider household.

EXCEPTION: Consider "boarders" paying less than the Thrifty Food Plan (FS 999-3 Chart 5) as household members (FS 111-1).

DETERMINING INCOME FROM BOARDERS - Include all direct payments to the household, including contributions for meals, room and shelter.

EXCEPTION: Do not count shelter expenses paid directly to someone outside the household as income or deductions to the household. Do not count any portion of foster care payments unless the foster children or foster adults are included as members.

1. actual verified cost of providing room and meals.

NOTE: Verify these expenses only if questionable.

Count income from boarders, less the cost of doing business, as earned income to the household (FS 555-2).

NOTE: If room and board are being provided, use both the "Income From Roomers" policy at FS 444-2 and the boarder policy described here to determine room and board cost of doing business.

Household members disqualified for the following reasons are not included for benefits:

Intentional program violation (IPV) of the SNAP Program (Section 777-2)

Work registration noncompliance (non-head of household) (Section 111-5)

Job quit or voluntary reduction in work effort (Section 111-6)

Fleeing Felon (as defined in Section 999-1)

Violation of probation or parole imposed under a federal or state law (ineligible while in violation of the probation or parole condition)

Certain felons convicted of violent crimes and sexual assault if all of the following are true:

(1) They were convicted as an adult in any jurisdiction under federal or state law of:

(a) aggravated sexual abuse under 18 United States Code, Section 2241,

(b) murder under 18 United States Code, Section 1111,

(c) an offense under 18 United States Code, Chapter 110,

(d) a federal or state offense involving sexual assault, as defined in Section 40002(a) of the federal Violence Against Women Act of 1994, 42 United States Code, Section 13925(a), or

(e) an offense under a law of this State that is substantially similar to a federal offense described in this subsection;

(2) The conviction is for conduct that occurred after February 7, 2014; and

(3) The individual is not in compliance with the terms of their sentence, parole or probation or is a fleeing felon.

G. Noncitizen status (Section 111-2)

H. Inability or unwillingness to provide documentation of noncitizen status

Social security number noncompliance (Section 111-4)

An intentional program violation of another federal, state, or local welfare assistance program requirement (Section 444-10)

Time limited eligibility for able-bodied adults without dependents, ABAWD status (Section 111-7)

L. Student status (Section 444-7)

A. DISQUALIFIED MEMBERS (COUNT ALL)

If a household includes a disqualified member who is ineligible due to a SNAP IPV; noncompliance with work registration; job quit or voluntary reduction in work effort; a fleeing felon; violating a condition of probation/parole; certain felons convicted of violent crimes and sexual assault; or inability or unwillingness to provide documentation of noncitizen status, then the disqualified member’s assets, income, deductions, as well as the family size of the remaining household are calculated as follows:

(1) Assets – 100% of the disqualified member’s assets are counted toward the asset level of the household.

(2) Income – 100% of the disqualified member’s income is counted toward the income level of household. The disqualified member is not counted as a household member when determining the standard deduction for the household. The assets and income of the sponsor and the sponsor's spouse of an ineligible sponsored noncitizen are not counted.

(3) Deductible Expenses – The entire household’s allowable earned income, medical, dependent care, child support, and excess shelter deductions (including disqualified members), are applied to the remaining household members.

(4) Number in Household – Benefits for the household are not increased as a result of the exclusion of one or more household members because of the disqualification. Disqualified member(s) are not included in the household size for the purposes of:

(a) Assigning a benefit level to the household; or

(b) Comparing the household's monthly income with the income eligibility standards; or comparing the household's resources with the resource eligibility limits.

B. DISQUALIFIED MEMBERS (PRORATED)

If a household includes a disqualified member who is ineligible due to social security noncompliance; an intentional program violation of another public assistance program requirement; time limited ABAWD status; noncitizen status (except for those noncitizens, disqualified because of their status, listed under “exceptions” below), then the disqualified

member’s assets, income, deductions, as well as the family size of the remaining household are calculated as follows:

(1) Assets - 100% of the disqualified member’s assets are counted toward the asset level of the household.

(2) Income – A pro rata share of the disqualified member(s)’s income is counted as income to the remaining members according to the “CALCULATION” below. The disqualified member is not counted as a household member when determining the standard deduction for the household.

CALCULATION

(a) SUBTRACT: Allowable exclusions from disqualified member’s income (including the 20% disregard).

(b) DIVIDE: The remaining income by the number of household members (including disqualified member(s)).

(c) SUBTRACT: The income allocated to the disqualified member.

(d) COUNT: The remaining sum is added to eligible household’s income.

(3) Deductible Expenses – A pro rata share of the disqualified member’s deductible expenses are counted as expenses to the remaining members according to the following calculation:

CALCULATION

(a) ADD: All allowable child support payment, shelter and dependent care expenses which are either paid by, or billed to, the disqualified member(s)

(b) DIVIDE: By number of household members (include disqualified member(s))

(c) SUBTRACT: The deductible expenses allocated to the disqualified member(s).

(d) COUNT: The remaining sum is counted as an allowable expense for the remaining household members.

(4) Number in Household - Disqualified member(s) are not included in the household size for the purposes of:

(a) Assigning a benefit level to the household;

(b) Comparing the household's monthly income with the income eligibility standards; or

(c) Comparing the household's resources with the resource eligibility limits.

(5) EXCEPTIONS:

The income, assets, and expenses of non-citizens disqualified because of one of the following noncitizen statuses, are treated according to the procedure under the DISQUALIFIED MEMBER (COUNT NONE), Subparagraph C, below:

(a) Certain individuals who have been lawfully admitted for permanent residence (Section 111-2(3)(B)(3));

(b) Asylees granted and retaining asylum pursuant to 8 U.S.C. § 1158;

(c) Refugees granted and retaining refugee status pursuant to 8 U.S.C. § 1157;

(d) Certain individuals who have been paroled into the U.S. for urgent humanitarian reasons or significant public benefit (Section 111-2(4)(C)(2)(b));

(e) Individuals who are not being deported because they meet the conditions of —

8 U.S.C. § 1231(b)(3); or

8 U.S.C. § 1253(a)(3).

(f) Special agricultural workers admitted for temporary residence under 8 U.S.C. § 1160;

(g) Certain individuals who have been battered and certain relatives of theirs granted and retaining immigrant status under the conditions of 8 U.S.C. § 1154 (a)(1)(A)(iii), (iv), (v)(I)(cc), (vii), 1154(a)(1)(B)(ii), (iii), or (iv)(I)(cc);

(h) Individuals meeting the definition of “victim of a severe form of trafficking in persons” as defined in 22 U.S.C. § 7105(b)(1)(C) or meeting all but the age requirement; and

(i) The spouse, minor child, parent or sibling of such an individual who holds a T Visa.

C. DISQUALIFIED MEMBERS (COUNT NONE)

If a household includes a disqualified member who is ineligible due to student status, boarders, foster care individuals, roomers, live in attendants, or due to a noncitizen status listed under Subparagraph B(5) above or any other reason not listed in Subparagraphs A or B, above, their assets, income, and expenses are not counted, except as indicated below.

(1) Income – Cash payments from the disqualified member to the remaining of the household are considered income. Vendor payments are not considered income.

When the earned income of one or more eligible household members and the earned income of a disqualified member are combined into one wage, the income of the eligible household members shall be determined as follows:

If the eligible household's share can be identified, that portion is counted as earned income.

If the eligible household's share cannot be identified, the earned income is prorated among all those whom it was intended to cover and that portion prorated to the eligible household members is counted.

CALCULATION – See DISQUALIFIED MEMBERS (PRORATED), Income (Subparagraph B(2), above).

(2) Deductible Expenses – If expenses cannot be separated between the disqualified member and the eligible household, then the expenses are prorated evenly among the persons actually paying or contributing to the expense(s) and only the household’s pro rata share is allowed as an expense.

CALCULATION – See DISQUALIFIED MEMBERS (PRORATED), Deductible Expenses (Subparagraph B(3) above).

(3) Number in Household - Disqualified member(s) are not counted in the household size for the purposes of:

(a) Assigning a benefit level to the household;

(b) Comparing the household's monthly income with the income eligibility standards; or

(c) Comparing the household's resources with the resource eligibility limits.

Residents of centers for the treatment of substance use disorders or group living arrangements for individuals with disabilities have the same rights to notices of adverse action, fair hearing and entitlement to lost benefits as do all other SNAP households.

A. GENERAL RULE

Application for residents of centers for the treatment of substance use disorders together with their spouse and children who reside at the center must be made through an authorized representative who is an employee of the center. Residents together with their spouse and children shall have their eligibility determined separately from other residents of the facility. Each application must be for an individual household. The recipient's benefits will be controlled by the center.

The center must be certified by the State of Maine Office of Behavioral Health as providing residential treatment of individuals with substance use disorders.

A center which knowingly provides false information or does not handle benefits properly may be disqualified from participation in SNAP. Repeated occurrences shall be referred to the Senior Program Manager - SNAP, for review.

B. PROCEDURE

(1) The Department shall verify that the center is a certified treatment program as defined under the general rule.

(2) The Department shall review the rights and reporting responsibilities of the center with the center representative, including the treatment of benefits and EBT Cards when a recipient leaves the center.

(3) The Department shall process applications by using the same provisions that apply to all other applicant households, except that certification is completed through use of the authorized representative.

(4) The Department shall contact the authorized representative for any information needed. The authorized representative must agree to sign any required forms and be interviewed with the following exceptions:

(a) The Department shall process all applications and annual eligibility reviews without an interview until March 31, 2023 unless —

(i) the household requests an interview,

(ii) there is unclear information on the application or renewal form, or

(iii) the household would be determined to be ineligible based on information provided on the application or renewal form.

(b) Households which have no earned income and in which all adult members are elderly and/or have disabilities will not be required to complete an interview at annual eligibility review unless —

(i) there is unclear information on the renewal form, or

(ii) the household would be determined to be ineligible based on information provided on the renewal form.

The Department will conduct an interview if the household requests one.

(5) Benefits shall be issued and notices shall be provided in care of the authorized representative.

(6) The Department shall use appropriate budgeting procedures. (See Section 555-6.)

NOTE: If the center charges for room and board, the room expense is included in the budget as a rent expense (see Section 555-5(7)(A)(1)), but the board expense is not. If the center does not provide an itemized bill, the rent included in the budget is determined by subtracting the Thrifty Food Plan (Section 999-3 Chart 5) for the household size, from the total room and board expense.

C. WHEN A HOUSEHOLD LEAVES THE CENTER

(1) When the household leaves the center and no benefits have been spent on their behalf, the center shall provide the household with their EBT Card and full allotment for that month, regardless of what day they leave.

If benefits have already been issued and any portion has been spent on behalf of the household, and they leave the center prior to the 16th of the month, the center shall provide the household with one-half of their monthly allotment.

If the household leaves after the 16th of the month, and the benefits have already been issued and used, the household does not receive any benefits for that month.

(2) Once the household leaves the treatment center, the center is no longer allowed to act as the household's authorized representative. The center shall return to the household’s account any benefits received on behalf of households which are no longer residents of the center.

(3) It is the household's responsibility to report their new address and other changes in their circumstances to the Office for Family Independence after leaving the center.

A. GENERAL RULE

A group living arrangement for individuals with disabilities is a public or private nonprofit facility, serving no more than 16 residents (the majority of whom are SSI recipients), that is approved by the State of Maine Department of Health and Human Services.

An individual with disabilities (as defined in Section 999-1) living in an approved group living arrangement for individuals with disabilities may be eligible for benefits. The group living arrangement for individuals with disabilities shall determine whether a resident may apply on their own behalf.

If the resident applies on their own behalf, they are responsible for reporting changes in their situation to the Office for Family Independence (OFI). If the group living arrangement is acting as authorized representative, it is responsible for reporting changes in the household's circumstances, and when the household leaves the facility.

If the facility charges for room and board, the room expense is included in the budget as a rent expense, but the board expense is not. If the facility does not provide an itemized bill, the rent included in the budget is determined by subtracting the Thrifty Food Plan (Section 999-3 Chart 5) for the household size, from the total room and board expense.

B. WHEN A RECIPIENT LEAVES THE FACILITY

When the household leaves the facility, regardless of the method of application or the time of the month, the facility shall provide the resident(s) with their EBT Card (if applicable), and the departing household shall receive their full allotment if no benefits have been spent on their behalf.

If the benefits have already been issued, and any portion spent on behalf of the household and the departure is prior to the 16th of the month, the facility shall provide the household with their EBT Card and one-half of their monthly allotment. If the household leaves after the 16th of the month and the benefits have already been issued and used, the household does not receive any reimbursement.

If a group of residents have been certified as one household, and one or more depart prior to the 16th of the month, the facility will notify OFI and one half the departing residents’ share of the benefit will be transferred to their new account.

GENERAL RULE - Residents of Shelters for Battered Persons may be eligible for benefits.

“The Food and Nutrition Act of 2008, as amended (“the Act”), and Supplemental Nutrition Assistance Program (SNAP) regulations allow certain flexibilities for victims of domestic violence who are fleeing their abuser. These include:

Section 3(n)(5) of the Act: Conferring separate household status to temporary residents of shelters for battered persons;

Section 3(k) of the Act: Allowing those residents to use their SNAP benefits to purchase food from the shelter; and

7 CFR 273.3(a): Allowing duplicate participation of an individual who is a resident of a shelter for battered persons, and was a member of a household containing the person who had abused him or her.”

(USDA Guidance: Men Who are Residents of Shelters for Battered Women and Children, Dated December 18, 2014)

Food and Nutrition Services, “(FNS) finds that all provisions related to persons fleeing domestic violence shall be interpreted to apply to all victims of domestic violence, regardless of gender or sex.”

(USDA Guidance: Men Who are Residents of Shelters for Battered Women and Children, Dated December 18, 2014)

An eligible resident who has authorized the shelter management to act as authorized representative can use the benefits to purchase meals prepared at the shelter; the shelter management can then act as authorized representative to purchase food with the benefits.

1. Persons who have left a participating household containing the person who abused them may receive an additional allotment as a separate household once in a calendar month.

2. Certify persons at the shelter as a separate household on the basis of their income and assets only.

NOTE: Adjust the FS allotment of the former household based on reduced household size within the prescribed rules for adverse action.

3. If the shelter charges for room and board, the room expense is an allowable rent expense but the board expense is not. If the shelter does not provide an itemized bill, the allowable rent will be determined by subtracting the Thrifty Food Plan (FS 999-3 Chart 5) for the household size, from the total room and board expense.

Students enrolled at least half-time in post-secondary schools, colleges, universities, etc., are treated differently from other applicants and recipients.

A. In order to be eligible, such students must meet at least one of the following conditions. The requirement that one of these conditions be met in order to be eligible continues throughout the student's enrollment, including vacations. (E.g. in order to continue to be eligible for SNAP benefits, a student who is eligible because of the work study condition must meet one of the other conditions if the work study condition is not being met during summer vacation.)

(1) be 17 years old or under or 50 years old or older;

(2) be physically or mentally unable to work twenty hours per week while attending school at least half-time. In the absence of physical evidence, disability must be verified by—

(a) verification of receipt of temporary or permanent disability benefits issued by a governmental or private source or

(b) a statement from an acceptable medical or mental health source such as:

(i) a licensed physician;

(ii) a physician’s assistant;

(iii) a nurse practitioner;

(iv) a licensed osteopath;

(v) a licensed or certified psychologist;

(vi) a person authorized to provide copies of the summaries of medical records of medical institutions; or

(vii) as the disabling condition relates specifically to their field—

a) a licensed podiatrist,

b) a qualified speech-language pathologist, or

c) a licensed optometrist;

(3) be responsible for care of a household member under six years old, or when adequate child care is not available for children between six and twelve years of age to enable the student to attend class and satisfy the 20 hour work requirement or participate in a work study program (if an individual is a full time student and a sole parent with the responsibility for a dependent child under age 12 regardless of the availability of adequate child care, eligible student status is met).

NOTE: Exemption is still allowed when child care is purchased for a child under six years old;

(4) be receiving TANF/PaS;

(5) Starting January 16, 2021 and continuing through the end of any certification period that began during the COVID-19 Public Health Emergency (PHE) or within 30 days of the termination of the COVID-19 PHE, a student that has an expected family contribution of $0 as determined in accordance with 20 U.S.C. ch. 28, Subchapter IV, Part F (Helpful resources may be found by search for the relevant fiscal year EFC Formula Guide published at https://fsapartners.ed.gov/knowledge-center);

(6) be engaged in paid employment of 86 hours or more per month. If self-employed, be employed for 86 hours or more per month and receive monthly earnings averaging at least equal to the Federal minimum wage multiplied by 86 hours;

(7) be participating in a state or federally financed work study program;

(8) Starting January 16, 2021, a student need only be approved for federally financed work study. Participation is not required. This expanded eligibility is in effect for the duration of any certification period that began during the COVID-19 Public Health Emergency (PHE) or within 30 days of the termination of the COVID-19 PHE. This expanded eligibility, unlike the usual work study condition, will continue through scheduled school vacations;

(9) be participating in an on-the-job training program;

NOTE: A person is considered to be participating in an on-the-job training program only during the period of time the person is being trained by the employer (i.e., to meet this student eligibility condition, the person must continue to work; only attending classes does not meet the condition).

or

(10) be assigned to or be placed in post-secondary institution through one of the following programs:

(a) Workforce Innovation and Opportunity Act (WIOA),

(b) Supplemental Nutrition Assistance Employment and Training (SNAP E&T),

(c) the Trade Adjustment Assistance Program of the Department of Labor (for workers dislocated due to imports), or

(d) an employment and training program for low income households operated by a state or local government where one or more of the components of such program is at least equivalent to a SNAP E&T program component (e.g., 8 weeks per year job search; job search training and support activities; workfare; work experience; education program that directly enhances employability). Examples: Maine Department of Labor Competitive Skills Scholarship Program (CSSP) and Higher Opportunity for Pathways to Employment (HOPE).

NOTE: Self-initiated post-secondary institution placement during the time the person is enrolled in one of these employment and training programs is acceptable if the person’s employment and training program has a component for enrollment in an institution of higher education and that program accepts the placement.

B. Once a student enrolls in post-secondary education, they shall be considered enrolled through normal periods of attendance, vacations, and recesses until they graduate, are dismissed, drop out, or do not plan to enroll for the next normal term (summer sessions are not considered normal terms).

C. The income and assets of an ineligible student living with a household shall not be considered in determining the benefits of the remaining household members. See 444-4.

A. The individual must provide verification of student aid received. The Department shall not assume the individual is accepting all aid awarded.

B. Most federal financial aid is completely excluded as income, without regard for how the aid is spent. Calculation of allotments for students, begins by identifying the types of federal financial assistance the student will receive, and excluding all pertinent assistance as income.

C. Exclusion of Certain Federal Aid Monies

(1) Student financial assistance received under Title IV or under Bureau of Indian Affairs (BIA) student assistance programs, is not considered as income. Nor are loans provided under Title XIII Indian Higher Education Programs, Part E, Tribal Development Student Assistance Revolving Loan Program.

Examples include the following programs:

(a) Under Title IV:

(i) Basic Educational Opportunity Grants (BEOG or PELL Grants),

(ii) Presidential Access Scholarships (Super PELL Grants),

(iii) Federal Supplemental Educational Opportunity Grants (SEOG),

(iv) State Student Incentives Grants (SSIG; Maine State Incentive Grant),

(v) Federal Direct Student Loan Programs (FDSLP) (Formerly GSL and FFELP),

(vi) Federal Direct Supplemental Loan Program (provides loans to students),

(vii) Federal Direct PLUS Program (provides loans to parents),

(viii) Federal Direct Stafford Loan Program,

(ix) Federal Direct Unsubsidized Stafford Loan Program,

(x) Federal Consolidated Loan Program,

(xi) Federal Perkins Loan Program - Direct Loans to students in institutions of higher education,

(xii) Federal Work Study Funds,

(xiii) TRIO Grants (Go to organizations or institutions for students from disadvantaged backgrounds),

(xiv) Upward Bound (Some stipends go to students),

(xv) Student Support Services,

(xvi) Robert E. McNair Post-Baccalaureate Achievement,

(xvii) Robert C. Byrd Honors Scholarship Program,

(xviii) College Assistance Migrant Program (CAMP) for students whose families are engaged in migrant and seasonal farm work,

(xix) High School Equivalency Program (HEP), and

(xx) National Early Intervention Scholarship and Partnership Program.

(b) Under BIA

(i) The Higher Education Grant Program, sometimes called the Scholarship Grant Program,

(ii) Adult Education Program that provides money to adults to get a GED, attend technical schools, and for job training,

(iii) employment assistance program, and

(iv) education and training made available under separate programs like the Indian Child and Family Programs.

NOTE: Each tribe has a BIA agency that may be contacted for more information about education and training assistance. BIA student assistance is provided by the tribes, is not denoted by any particular name, and is not usually listed on institutions' financial aid statements.

(2) All grants, loans and scholarships to students made under any program administered by the U.S. Secretary of Education including, but not limited to, PELL, SEOG, Perkins, and work study are excluded. This is regardless of any portion used on actual educational costs.

(3) If a single loan, grant, or work study is funded in whole or in part (e.g. part of a student loan funded under Title IV and part under a State program) under Title IV or BIA, the total amount of that loan or grant is excluded.

D. The dependent portion of VA educational assistance is counted as income.

E. Treatment of Other Financial Aid

(1) Reimbursements for past or future expenses other than normal household expenses such as rent, mortgage, personal clothing, or food eaten at home are excluded if they are specifically earmarked for educational expenses.

Example: If an individual purchased a computer and was reimbursed for that purchase as an educational expense through the HOPE program, the reimbursement would not be counted as income. However, if the reimbursement comes from another agency and receipt is not linked to the computer being used for education, it would be countable income.

(2) Assistance which is earmarked for expenses, other than room and board, is excluded. That portion of an otherwise deductible expense covered by educational income which has been excluded is not deductible. (See Section 555-5 pg. 8.)

Example: If the HOPE program provided ongoing assistance for child care to allow an individual to complete their training or education program, the assistance would not be counted as income, nor would the portion of the child care covered by HOPE be counted as an income deduction.

(3) Other scholarships; including but not limited to, educational grants, fellowships, work study, deferred payment loans for education, and veteran's educational benefits; are considered income unless:

(a) they are awarded to a person enrolled at a recognized institution of post-secondary education, at a school for individuals with disabilities, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof; and

(b) they do not exceed the amount used for or made available as an allowance determined by such school, institution, program, or other grantor, for—

(i) tuition,

(ii) mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study involved),

(iii) books,

(iv) supplies,

(v) transportation,

(vi) origination fees and insurance premiums related to loans, and

(vii) other miscellaneous personal, and dependent care of the student incidental to attending such school, institution, or program.

Expenses specified as "room and board" are not allowable offsets to student income.

Financial assistance actually expended by the student for an allowable expense, or made available for attendance costs is excluded as income and resources. The institution or grantor may indicate that the assistance is meant to be used for allowable costs of attendance. Budget sheets and the like developed by the institutions or grantors shall be used as the verification of the amount of assistance and the attendance costs for which it is intended. If the institution does not indicate attendance costs or if the amounts indicated by the institution are less than the student claims to be using, students may provide verification of actual expenses for the exclusion of these amounts. If the student claims to be incurring higher transportation costs than the amount of transportation costs indicated by the institution, actual verified costs or the standard mileage allowance may be used. The MSEA rate found at https://www.maine.gov/osc/travel/mileage-other-info is the amount to be used if the standard mileage allowance is claimed.

(c) A loan in which repayment must begin within 60 days after receipt of the loan is not considered a deferred payment loan.

(4) Treatment of Work-Study Income

(a) Most work-study income is fully excludable under the Higher Education Act of 1965 (20 U.S.C. §1087uu).

(b) Treatment of work-study grants not funded by the excluded sources mentioned earlier in this section.

(i) Only that income actually realized by the student shall be considered. It may be less than the amount offered by the institution’s financial aid unit.

(ii) The realized income shall be reduced by the disregards detailed in 2 above.

(iii) The remaining amount if any, shall be reduced by the earned income deduction. (See Section 555-5.)

NOTE: The procedures outlined above regarding work study income also apply to other educational assistance which have a work requirement.

F. Income and expense averaging

(1) Student aid income and associated expenses are averaged over the period the educational institution indicates they are to be applied. The total figure is divided by the total number of calendar months indicated. No adjustment is made for partial months of enrollment.

(2) If the educational institution does not specify the months associated with a given income or expense they shall be attributed as follows:

(a) Amounts not attributed to a particular semester or term shall be applied to and averaged over the 9 month period from September through May.

(b) Amounts attributed to the fall semester shall be applied to and averaged over the 4 month period from September through December.

(c) Amounts attributed to the spring semester shall be applied to and averaged over the 5 month period from January through May.

(d) Amounts attributed to the summer term shall be applied to and averaged over the 3 month period from June through August.

(3) If receipt of student income cannot be reasonably anticipated in the first month indicated in (1) or (2) above, the period of application and averaging is adjusted to begin the first month receipt can reasonably be anticipated. This adjustment shortens the period and reduces the number of months over which the income is averaged. The end month is not adjusted.

Households in which all members receive SSI will be considered categorically eligible for SNAP. Do not include as members: ineligible noncitizens, ineligible students or residents of nonexempt institutions.

Subject to the “EXCEPTIONS” set out in Subparagraph C, below, all households are categorically eligible for SNAP if their gross income is at or below the limit detailed in Section 999-3 Chart 4 and at least one member of the household receives a TANF funded service or benefit.

The Maine Department of Health and Human Services Resource Guide for Families (Resource Guide) is a TANF funded service distributed to applicants at or below the limit detailed in Section 999-3 Chart 4. It includes general information about employment, nutrition, housing, utilities, child care, legal and other supports in Maine.

A. Narrow Categorical Eligibility

All households, with gross income at or below the limit detailed in Section 999-3 Chart 4, that have a child under the age of 18, or 18 and a full time high school student, who lives with a parent or caretaker relative are eligible for the Resource Guide.

B. Broad-Based Categorical Eligibility

All households with gross income that is at or below the limit detailed in Section 999-3 Chart 4 that do not include a child under the age of 18, or 18 and a full time high school student, are eligible for the Resource Guide.

C. EXCEPTIONS:

The households described in Subparagraphs A and B, above, are not categorically eligible for SNAP if:

(1) the entire household is institutionalized in a nonexempt facility,

(2) a member of the household is presently disqualified for an Intentional Program Violation,

(3) the household fails to complete annual eligibility review requirements, or

(4) the head of household fails to comply with work requirements, including job quit (Section 111-6.

A. The factors listed below are considered to be met for categorically eligible households.

(1) asset limits;

(2) transfer of assets;

(3) Social Security Number requirements;

(4) sponsored noncitizen requirements; and

(5) residency and identification requirements;

(6) 130% gross and 100% net Federal Poverty Level income limits. (See Section 999-3 Charts 1 and 2.)

B. Even though these households are considered to be categorically eligible for SNAP benefits, all individuals who are not SSI or GA benefit recipients must have the following factors verified:

(1) Social Security Number requirements,

(2) sponsored noncitizen requirements, and

(3) residency and identification requirements.

Households in which all members receive General Assistance are pure GA households. Pure GA households are eligible for SNAP benefits. Ineligible noncitizens, ineligible students, residents of nonexempt institutions, individuals disqualified for failure to provide or apply for a social security number, household members disqualified for failure to comply with work requirements, and individuals disqualified for Intentional Program Violations are not counted as household members.

A. EXCEPTION:

The GA Household is not categorically eligible if:

(1) a member of the household refuses to cooperate in providing information to OFI that is necessary to determine eligibility or to complete any subsequent review of eligibility;

(2) the household is ineligible under the striker provision in Section 444-9; or

(3) the household is ineligible because they knowingly transferred assets for the purpose of qualifying or attempting to qualify for SNAP benefits.

B. Factors considered to be met for pure GA households

The factors listed below are considered to be met for pure GA households.

(1) assets limits;

(2) 130% gross and 100% net Federal Poverty Level income limits;

(3) sponsored noncitizen requirements; and

(4) residency and identification requirements.

Applicants may apply for TANF/PaS and SNAP at the same time. SSI applicants may apply for SNAP at the Social Security Office (Section 222-1) or at the Department of Health and Human Services. GA applicants can get an application at the GA office but must apply for SNAP through the Department of Health and Human Services.

If TANF or PaS/SSI/GA eligibility has not been determined, SNAP eligibility is based upon SNAP criteria. Denial of a potential categorically eligible household will be delayed for thirty days from the SNAP application date. Households denied SNAP benefits that have a pending SSI or GA application shall be notified of the possibility of categorical eligibility should they become SSI or GA recipients.

If SNAP was denied prior to the granting of TANF or PaS/SSI/GA, SNAP benefits for the initial month must be prorated from the date from which the TANF or PaS, SSI, or GA benefits are payable, or the date of the original SNAP application date, whichever is later.

One and two member categorically eligible households shall receive at least the minimum benefit found in Section 999-3 Chart 6, regardless of the amount of net income.

Households with three or more members who are eligible for zero benefits are not denied. They are suspended. Such households are “authorized to receive benefits.”

A. Individuals are considered recipients of SSI or GA even if not receiving payments due to:

(1) benefits have been authorized but payment has not yet been received;

(2) benefits are suspended or recouped; or

(3) the benefit amount is less than minimum benefit paid.

B. Households are categorically eligible due to TANF or PaS authorization even if not receiving payments because:

(1) benefits have been authorized but payment has not yet been received;

(2) benefits are suspended or recouped;

(3) the benefit entitled to is less than minimum benefit paid; or

(4) benefits or services are authorized but not used.

A. Categorical eligibility related to TANF or PaS continues until the benefit or service is no longer funded by TANF funds.

B. Categorically eligible households must be automatically terminated from SNAP for failure to become timely re-certified, even though they continue to receive TANF or PaS, SSI, GA or a TANF funded service or benefit.

C. Categorically eligible individuals are subject to annual eligibility review (Section 666-9), and work registration and employment/training requirements and exemption criteria (Section 111-5). Job quit penalties (Section 111-6) also apply.

GENERAL RULE - A household with a striking member is ineligible, unless it was eligible on the day prior to the strike. Households receiving benefits on the day prior to the strike cannot receive an increase in benefits due to the decreased income of a striking member.

Pre-strike income is determined by comparing the striker's income prior to the strike to his current income, and then adding whichever is more to the rest of the household's current income. The earnings deduction is allowable.

NOTE: Vehicles normally exempt from equity consideration retain the exempt status during the strike.

Striking members of eligible households are subject to work requirements. Those members who are exempt from work registration are not considered strikers.

A striker is anyone involved in a strike or concerted stoppage, slowdown, or interruption of work by employees.

Some examples of non-strikers are:

1. Employees unable to work as a result of other employees striking;

2. employees whose place of employment is closed by an employer;

3. employees who are not part of the unit on strike, but do not want to cross a picket line due to fear of injury or death.

In all cases of a strike where permanent replacements have been hired by the company, the persons whose jobs are replaced, are no longer considered strikers. They must be able to return to the same job they left when the strike began to be considered a strike.

A. Disqualifications are based on the policy that was in place at the time of the infraction.

(1) As of December 30, 2021 an individual disqualified for Intentional Program Violation (IPV) of another means-tested federal, state, or local welfare public assistance program (such as but not limited to TANF, SSI, GA, FDPIR – see Section 999-1 page 3 for additional information) is not eligible for SNAP. Individuals who have only been sanctioned or disqualified from MaineCare (Medicaid) are not automatically disqualified from SNAP.

(2) Infractions committed prior to December 30, 2021 that would result in a disqualification from SNAP based on the policy in place at that time will continue to result in disqualification even if the disqualification begins after or continues beyond December 30, 2021 or the infraction was not substantiated or even discovered until after December 30, 2021.

B. In order to be disqualified from SNAP due to a disqualification from another program, the individual must be receiving SNAP at the time of the sanction.

NOTE: If the other program disqualifies the entire household because of one household member's IPV, only the individual who caused the IPV is disqualified from participation in SNAP.

The disqualification period shall continue until the program which imposed the disqualification no longer considers the individual disqualified. If an individual was disqualified for an unlimited period (e.g., “until complies”), and the household is no longer participating in that program, the disqualified individual will no longer be considered disqualified from SNAP starting the first day of the second month after benefits from the other program ceased (e.g., if the other program’s last benefit was issued in December, SNAP participation may resume February 1).

An individual who has been disqualified from FDPIR for an IPV is not allowed to participate in SNAP until the disqualification period has expired.

1. General Rule

Households may contain some individuals who are eligible for federally-funded SNAP and some who are only eligible for state-funded SNAP.

2. Attribution of Assets, Income and Expenses

A. Income is counted for the individual in whose name it is received.

EXCEPTION: TANF income is prorated for all household members receiving TANF benefits.

B. Shelter expenses for the household are counted for the individual in whose name the expense is billed.

NOTE: If the bill is paid by another household member on a regular basis, the expenses will be attributed to the member paying the bill.

3. Determining the state funded benefit amount

State-funded SNAP benefits are equal to the difference between the federally-funded SNAP grant and the amount of SNAP benefits the household would have received had all members been eligible.

Gross Lottery or gambling winnings, by any individual(s) in a single game, equal to or in excess of the figure found in Section 999-3 Chart 9 for Non-Categorical Households with an Aged or Disabled Member, shall disqualify the household from benefits until they reapply and financial eligibility guidelines set forth in Sections 333, 444 and 555 are met. When winnings are shared by household members and non-household members, a prorated share will be counted for the household. That share is determined by dividing the total countable winnings by the total number of winners and multiplying that figure by the number of winners who are household members.

For purposes of determining eligibility and benefit level the income already received during the certification period and any income which can be reasonably anticipated during the remainder of the certification period is taken into account. If the amount of income anticipated or month of receipt is uncertain, that portion of the household’s income which is uncertain is not counted. For example, a household anticipating income from a new source, such as a new job or pending TANF benefits, may not be sure of the timing or amount of the first payment. Such income is not anticipated unless there is reasonable certainly concerning the month in which it will be received and what the amount will be. When the exact amount is not known, only that portion of it which can be anticipated with reasonable certainty is considered as income.

NOTE: For households with members who are funded by Federal and State funds, see Section 444-11.

The best estimate of income is based on the recipient’s and the Department’s reasonable expectations and knowledge of current, past and future circumstances. The best estimate of income, is based on the concepts of significant and non-significant income changes and the income averaging techniques described below. The method of determining the best estimate of income must be clearly documented in the case record.

A. Significant income changes are defined as changes in sources of income or in amounts greater than $125 per month which are:

(1) expected to continue into the future; or

(2) short term, but will continue long enough to affect at least one allotment.

B. Some examples of significant income changes include starting a job, gaining a new source of unearned income, losing a job or unearned income, changes in the rate of return on investments that are expected to persist, permanent or long term changes in hours worked and/or rate of pay, permanent full-time employment, beginning to work piece-work or overtime, promotion, changing employers, short term plant closings or periods of absence without compensation, and other similar changes.

C. The Department shall use information about past significant changes of a continuous nature in estimating future income. For example, if an individual received an increase in the hourly wage in the recent past, the wages received prior to the pay raise are not used in determining the best estimate of future income. An average of the hours worked per week multiplied by the new hourly wage must be used in determining the estimate.

A. Non-significant income changes are defined as temporary, very short term variations in the earned or unearned income amount caused by a situation which is not of an ongoing nature or which is of a variable nature.

B. Some examples are changes in the rate of return on investments that are not expected to persist, previously anticipated fluctuations in wages, occasional changes in wages due to unpredictable overtime, unpaid absences, or occasional illness.

C. When non-significant income changes occur during the certification period, they often do not impact eligibility or benefits.

D. Unless the income is averaged, it is counted as income only in the month it is received. Whenever a full month's income is anticipated but is to be received on a weekly or biweekly basis, it is converted to a monthly amount by multiplying weekly amounts by 4.3 and biweekly amounts by 2.15. When less than a full month's income is anticipated, the actual amount of anticipated monthly income is used.

E. With the exception of migrant farm worker households which are destitute, households may elect to have income averaged. Households which, by contract or self-employment derive their annual income in a period of time shorter than a year have that income determined in accordance with Section 444-2.

F. Households receiving scholarships, deferred loans, or other educational grants have such income averaged over the period for which it was provided. (See Section 444-7(2).)

G. Nonrecurring lump sum payments are counted as assets starting in the month they are received. They are not counted as income in determining SNAP eligibility and benefits amounts.

H. Annuities and lottery winnings that are paid annually are averaged over a 12 month period.

I. Wages held at the request of the employee are considered income in the months they would otherwise have been paid. Wages held by an employer as a general practice are not counted until they are expected to be received. Advances on wages are counted when reasonably anticipated.

J. Households receiving income on a recurring monthly or semimonthly basis do not have their countable monthly income varied merely because of changes in mailing cycles or pay dates or because weekends or holidays cause additional payments to be received in a month.

The steps below are followed to determine the best estimate of income.

A. All earned and unearned income received within a minimum time frame of four weeks immediately preceding the application or review must be verified even if not all four weeks’ income is used to calculate the best estimate.

If not all pay stubs for the four week period are available, but the gross income can be verified for each pay interval through year-to-date information, the four week period’s income is deemed to be verified.

B. The Department shall determine, through a careful review of the income documentation and discussion with the individual, if there have been any significant income changes during the four week period. If there have been, and the changes are of a continuous nature, the changes must be taken into consideration when determining the best estimate. For example, if an individual has received an increase in hourly rate, the new hourly rate must be multiplied by the appropriate number of hours (either stable or averaged) to determine the anticipated income.

C. The Department shall determine if any significant income changes are expected in the future. If yes, and the exact nature of the significant income change is known, the Department shall use that information in determining the best estimate of income.

D. The Department shall determine, through careful review of the documentation, the case record, and discussion with the individual if any of the income received is not expected to be representative of the future. For instance, the first pay check of new employment may not represent a full pay period, or a missing week's income may represent a summer plant closing which is not anticipated to occur in the next certification period. Non-representative income (or lack of income) is not used in calculating the best estimate. The case record must be clearly documented to explain why any income was not used, and to show how the best estimate was figured.

E. If income fluctuates to the extent that a four week period is not expected to provide the best estimate of income for the future review period, the Department may use information covering a longer period of time. If the income is from self-employment the Department may use the most recent tax year’s income.

F. The final step is to average the income representative for the eligibility period. If there were significant income changes, averaging is used only for the period of time not affected by the significant change-e.g., if the rate of pay increased, only the hours worked are averaged. The average hours multiplied by the increased rate of pay is then used to determine eligibility and benefits for the one time and prospective periods.

NOTE: If income does not fluctuate it is not necessary to average the income.

GENERAL RULE - Count all earned income from any source, excluding only those items listed under Exempt Income (FS 555-4).

1. Wages and Salaries - Include payments such as: gross earned income (before any payroll deductions), garnished wages, tips, commissions, etc. Workfare assistance payments are considered unearned income.

2. Self-Employment - Income derived from any self-employment activity (FS 444-2).

Types of self-employment may include:

a. Independent contractors, franchise holders, owners/operators, farmers, people who produce and sell a product, and service-type businesses;

b. seasonal self-employment such as fishing, clamming, worm digging, logging, etc.;

c. income from boarders (FS444-3);

d. income from roomers (FS 444-2);

e. ownership of rental property if a household member is actively engaged in the management of the property on an average of at least twenty hours per week. See FS 555-3 for those households not actively engaged in property management.

3. Training Allowances - That portion of training allowances which exceeds expenses, and represents a gain or benefit to the household.

4. W.I.A. - On the job training WIA earnings of household members except for dependents less than 19 years old and, regardless of age, except for participants in the Summer Youth Employment and Training Program and comparable summer youth employment and training programs under Americorps.

NOTE: Americorps does not provide OJT.

5. Attendant Care Payments - Attendant care payments provided by an outside source if the person providing the care is a household member.

NOTE: see FS 555-3, #9 for treatment of similar income as unearned income and FS 555-4, #7 for treatment of similar income as excluded income.

ACCEPTABLE VERIFICATION (Not all Inclusive):

- Pay stubs (if complete)

- Pay envelopes (if complete)

- W-2 Form

- State or Federal Income Tax Return

- Self-employment bookkeeping records

- Sales and expenditure records

- Employer's statement (signed and dated by employer)

- Employer's wage record

- Employment Security Office records

HOUSEHOLDS HAVE THE PRIMARY RESPONSIBILITY TO PROVIDE VERIFICATION OF EARNED INCOME - If necessary, the agency will assist the household in securing the required verification.

Countable unearned income includes, but is not limited to:

A. Assistance Programs -

The full amount of payments from Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Parents as Scholars (PaS), or other means-tested assistance

(1) TANF or PaS payments which are diverted to a third party are counted as income. See Section 555-4 for certain exclusions.

(2) Assistance payments from programs which require the performance of work without compensation other than the assistance payment are considered unearned income.

(3) If a payment from SSI, TANF, PaS, General Assistance (GA), or other means-tested assistance is reduced or ended due to the sanctioning or disqualification of a household member due to non-compliance with the program’s requirements, the full benefit (as if the individual was not sanctioned or disqualified) will be budgeted as unearned income. This amount will continue to be budgeted—

(a) for the duration of the disqualification if the household continues to receive the benefits from the sanctioning or disqualifying program, or

(b) through the end of the month the household ceases to receive benefits from the sanctioning or disqualifying program if the sanction or disqualification is open ended (e.g. until the individual complies) (e.g., if the other program’s last benefit is issued in December, no amount of that benefit is budgeted for January.).

B. Other Payments such as, but not limited to: Pensions, annuities, retirement, disability or veteran's benefits, unemployment insurance, workers’ compensation, social security, dividends, interest, royalties, income from installment contracts (both principal and interest), strike benefits, and payments from government programs not specifically excluded by law.

C. Trust Funds - Money received from a trust.

D. Rental Income - Gross income, less the cost of doing business (Section 444-2).

EXCEPTION: If any household member is actively engaged in management of the property on an average of at least 20 hours per week, consider as earned income (Section 555-2).

E. Child Support or Alimony - Payments made directly to the household, including the pass through and gap supplements. This includes money deducted or diverted from court ordered support or alimony to pay household expenses.

F. Income from Sponsors of Noncitizens - See Section 444-1.

G. Students with Educational Income - portion of loans, grants, scholarships and other educational benefits not excluded (Section 444-7(2)).

H. Money that is legally due the household which is diverted to a third party to pay household expenses.

EXAMPLES:

(1) Diversion of all or part of a TANF or PaS benefit to a lessor;

(2) that portion of an Unemployment Insurance Benefit (UIB) check intercepted by the Division of Support Enforcement and Recovery (DSER);

NOTE: GA vendor payments are excluded. See Section 555-4(2)(C).

I. Money that is legally due a household member but is received and used for that household member by a non-household member.

J. Income from investments or trading including but not limited to currency trading (including crypto currency), day trading, and dividends on long term investments.

A. Documentary evidence is the primary source of verification. Whenever attempts to verify income have failed for reasons other than applicant or participant non-cooperation, an amount to be used shall be determined based on the best available information. If verification (other than documentary evidence) is used, the reason why shall be recorded in the case file.

B. The following documents are generally available to verify unearned income:

(1) All types of award letters

(2) Income tax records

(3) Support and alimony payments evidenced by court order, divorce or separation papers, or check copies.

(4) BENDEX and SDX

(5) Social Security Wire to Wire Third Party Query

(6) Social Security District Office records

(7) Maine Employment Security Commission

(8) Worker's Compensation records

(9) Insurance company records

(10) GA Agency records

(11) Social Service Agencies’ records

All income is counted with the exception of income under the following categories:

1. Loans - All loans, except loans on which repayment is deferred until completion of that member's education. (A statement signed by both parties indicating the money is a loan is acceptable verification.) For treatment of student loans see Section 444-7(2). For repayment of home equity loans see allowable shelter costs, Section 555-5(7)(A)(1).

2. Certain Vendor Payments

A. Money payments by a non-household member which are not legally due the household and are paid directly to a third party for a household's expense. For example, a relative pays the rent or an employer pays the rent and it is not considered part of the individual’s compensation by the employer.

B. TANF vendor payments made to a third party which are not normally included in the TANF benefit or which are over and above the normal TANF payment (currently, Maine does not restrict any part of TANF assistance to a vendor payment; therefore, this exclusion does not apply to TANF in Maine).

C. Vendored assistance from state or local programs which provide no cash assistance. This includes General Assistance vendor payments made to a third party. All General Assistance payments must be made in the form of a third party vendor payment, and are excluded under provisions of the Food and Nutrition Act.

D. Court ordered vendor payments in lieu of a direct payment.

3. Income in Kind - Any gain or benefit which is not money such as shelter provided by an employer not considered part of the individual’s compensation by the employer or a lessor, produce from a garden, clothing, gift cards, etc.

4. Repayments - Monies withheld or returned from an assistance payment, earnings, or other source to repay a prior overpayment from that source.

EXCEPTION: The gross amount is counted when the overpayment is the result of an intentional violation of program rules in a means-tested program, such as TANF/PaS or SSI. An intentional program violation in TANF/PaS must be determined by a court or an administrative hearing or the signing of a waiver.

5. Child Support Payments - Received by TANF/PaS recipients that are turned over to the Department of Health and Human Services.

NOTE: See Paragraph 20 of this section for treatment of child support payments made by SNAP recipients.

6. Excluded Reimbursements and Allowances

A. Payments which do not exceed the actual costs for job-related or training-related expenses, medical expenses, or dependent care expenses. This includes allowances from SNAP E&T and WIOA.

NOTE: No ASPIRE or HOPE work related expense payments are counted, even when received prospectively.

B. Compensation and reimbursements, for participation in committees, councils, and advisory boards that are related to health and human service programs. These groups may be established by the legislature, state agencies, or local non-profit organizations. Compensation and reimbursement includes stipends, legislative per diem, travel reimbursement, and other similar payments.

7. Third-Party Payments - Monies both received for and used for the care of a third-party beneficiary who is not a household member.

NOTE: When payments are made to both household and non-household members, any portion of the payment intended and used for the care and maintenance of the non-household member is excluded. If the non-household member's portion cannot be identified, the payment is prorated among intended beneficiaries. The greater of the household member's prorated share or the amount actually used for the household member's care and maintenance, is counted.

8. Earned income of an elementary or secondary school student 17 years of age or younger who lives with their natural, adoptive, or stepparent, or who is living under the parental control of a household member other than a parent.

An elementary or secondary school student is someone who attends elementary or secondary school enough time for that person’s state or local school district to consider the person a “student”. This includes a student who attends high school equivalency or home-school classes recognized, operated, or supervised by the student’s state or local school district.

The treatment of this income will not be altered by semester breaks, summer vacations, etc., provided the student will resume enrollment after the break (Section 444-7).

NOTES: The student’s income is excluded until the month following the month in which the student turns 18. If the household receives one payment for work performed by all members and the student's portion is not defined, the income is divided equally among the number of household members working and the portion allotted to the student is excluded.

9. Losses from Farming Enterprise (Section 444-2)

10. Nonrecurring Lump-Sum Payments

Some examples are: Income tax refunds, including the Earned Income Tax Credit (EITC), Alternative Aid and Emergency Assistance payments. That portion of retroactive lump-sum Social Security, Supplemental Security Income (SSI), railroad retirement or insurance settlements intended to cover a period prior to the budget month. See Section 333-2 for if and when these payments would be countable assets.

NOTE: That portion of a Temporary Assistance for Needy Families (TANF) or Parents as Scholars (PaS) retroactive payment which covers a period prior to the payment month is treated as an asset, rather than income. The same is true of a nonrecurring Division of Support Enforcement and Recovery (DSER) pass through and gap payment for a prior period.

11. Specified Student Income Exclusions - See Section 444-7(2).

12. Certain cash donations, based on need, from one or more private, nonprofit charitable organizations. The first $300 of such cash donations per federal fiscal year quarter are excluded.

NOTE: FFY Quarters are as follows: October – December, January - March., April - June, and July – September.

13. Income excluded by Federal statute including but not limited to:

A. Energy Assistance - Payments or allowances made to households with at least one member who is elderly or has a disabling condition under any federal energy assistance law except those provided under Title IV(A) of the Social Security Act. Department of Housing and Urban Development (HUD) utility payments and reimbursements are considered federal energy assistance.

NOTE: If a household incurs utility expenses in excess of the HUD utility payments or reimbursement, they are eligible for the appropriate utility standard (see Section 555-5).

NOTE: An expense paid on behalf of the household under state law to provide energy assistance is considered an out of pocket expense incurred and paid by the household.

B. Workforce Investment and Opportunity Act (WIOA) payments

EXCEPTION: Payments from WIOA’s on-the-job training program (OJT) are counted unless

(1) they are received by dependents less than 19 years old or,

(2) they are received by participants (regardless of age) in the Summer Youth Employment and Training Program or comparable summer youth employment and training programs under Americorps. Americorps does not provide OJT.

Americorps Volunteers in Service to America (VISTA) - These payments are excluded only if the recipient was receiving SNAP or public assistance at the time they enrolled in VISTA. Temporary interruptions in SNAP participation do not change the exclusion once an initial determination of exemption has been made. Applicants not receiving public assistance or SNAP when they joined VISTA will have VISTA payments counted as earned income.

EXCEPTION: VISTA volunteers who were receiving FS prior to January 1, l979, continue to have VISTA income excluded.

D. Americorps (State or National) stipends

E. National Older Americans Volunteer Programs including but not limited to-

(1) Retired Senior Volunteer Program (RSVP)

(2) Foster Grandparent Program

(3) Older American Community Service Programs

(4) Senior Health Aides and Senior Companions

(5) Service Corps of Retired Executives (SCORE)

(6) Active Corps of Executives (ACE)

F. Payments Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

G. Women, Infants and Children (WIC) Program

H. Special Native American Payments - Excluded by law, such as payments under the Maine Indian Land Claims Settlement Act.

I. Wages under the Senior Community Service Employment Program (SCSEP) of the Older Americans Act.

J. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation.

K. Federal Earned Income Tax Credit (EITC) whether received as advanced payment in weekly wages or received in one lump sum after filing annual income tax return.

L. Interest and matching investments in Achieving a Better Life Experience (ABLE) accounts, established under Sec. 529A of the Internal Revenue Code of 1986.

14. Amounts necessary for the fulfillment of a plan to achieve self-support (PASS) excluded by the Social Security Administration in figuring SSI payments.

15. State or federal one-time assistance for weatherization or emergency repair or replacement of an unsafe inoperative or other heating or cooling device made to households with at least one member who is elderly or has a disabling condition.

16. Matching awards of Savings Offer Success (SOS) made by Rural Opportunities, Inc. (ROI) to households that participate in their program.

17. Funds in the Department of Housing and Urban Developments (HUD) Family Self-Sufficiency Program (FSS) escrow accounts.

18. Nutritional Assistance Program (NAP) Benefits from Puerto Rico, American Samoa and the Commonwealth of the Northern Marianas.

19. Payments to a former spouse made under the Uniformed Services Former Spouses' Protection Act. These are part of a property settlement involving military retirement.

20. Legally obligated child support payments

Household income used to make legally obligated child support payments from a household member to or for an individual who is not a member of the household is excluded.

NOTE: The exclusion is allowed when a child support payment is made to an individual or an agency outside the household even if the child for whom the support is paid is a household member. However, child support paid by a household member which is received by a member of that household will not be allowed as a child support exclusion or counted as child support income (e.g., child support arrearage that is paid to the state by a household member and is forwarded by the state to a child entitled to the support payment who resides in that household is counted as income of the payer of the child support, not the child).

A. Household income used to make the following legally obligated child support payments are excluded:

(1) payments made for current obligation.

(2) payments made for unmet past obligation. or

(3) in-kind payments if the in-kind nature of the payment is ordered by the court or administrative child support hearing (ex. The court ordered the individual to pay for a child’s health insurance)

B. Households must verify child support payments that they are legally obligated before the income used to make them is excluded. Copies of legal procedures, canceled checks, signed statements from payee, and information from the Division of Support Enforcement and Recovery (DSER) are sufficient.

C. Household income used to make:

(1) child support payments which are not legally obligated (e.g. Voluntary payments),

(2) child support payments which divert from the court order (e.g. Purchasing clothing instead of paying the $50/wk. ordered by the court),

(3) spousal or any other non-child support payments, or

(4) child support collected through tax intercept

is counted.

21. Monies received as accrued interest on a recipient’s Family Development Account or Separate Identifiable Account;

22. Monies received as a match on deposits a recipient makes in their Family Development Account or Separate Identifiable Account set up as authorized by state law 20-A M.R.S. § 10982 up to the $10,000 cap; or

23. Any additional money from military personnel during the time of deployment to a combat zone that is made available to the SNAP household.

24. Training and Education related stipends when they are means tested, intended to help the assistance unit meet their basic needs, and all of the funding is from non-governmental sources.

Certain expenses are deducted from countable income. These expenses must be incurred by the household. They are only deductible if the service is provided by someone outside the household. Deductible expenses are determined prospectively. Only the deductions listed in this section are allowed.

20% of total gross earnings is deducted to allow for work related expenses such as taxes, retirement deductions, and transportation.

Exceptions: the earned income deduction is not allowed for that portion of earned income:

A. earned under a work supplementation or support program that is attributable to public assistance; or,

B. which the household failed to report in a timely manner (when determining an over issuance).

NOTE: Workfare assistance payments are considered unearned income and not subject to this deduction.

The standard deduction varies according to household size and is adjusted annually for cost-of-living increases. They can be found in Section 999-3 Chart 7.

Certain medical expenses incurred by individuals who are elderly or have disabilities (Section 999-1) may be deducted.

A. The following expenses are not deducted:

(1) the cost of items that can be purchased with SNAP benefits even if they are for a special diet;

(2) reimbursable medical expenses even if they are listed in B below, (E.g. an individual may pay out of pocket for eyeglasses but that portion which will be reimbursed by their health plan or employer is not an allowable deduction for SNAP.);

(3) the cost of anything that violates federal law;

(4) interest or penalties associated with a payment plan or delayed payment; or

(5) the first $35.00 of allowable medical deductions per month per household.

B. To the extent that they are allowable under A above, the following verified medical costs may be deducted:

(1) dental and medical care, and psychotherapy and rehabilitation services by qualified health professionals;

(2) hospitalization, outpatient treatment, nursing care and nursing home care (including payments for persons who were household members immediately prior to entering a hospital or nursing home) recognized by the State;

(3) prescription drugs when prescribed by a licensed practitioner; over the counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional; and medical supplies, sick room equipment (including rented), or other prescribed equipment;

(4) Medicare premiums and health and hospitalization insurance policy premiums;

EXCEPTION: Health and accident policies (such as those payable in lump-sum settlements for death or dismemberment) are not allowed.

(5) dentures, hearing aids, and prosthetics;

(6) food and veterinarian bills for a guide dog or any service animal specifically trained to serve the needs of an individual who is elderly or has disabilities;

(7) prescription eyeglasses;

(8) costs of transportation and lodging necessary for the individual to obtain medical treatment including the costs for an attendant when necessary.

NOTE: For transportation costs, actual verified costs or the MSEA mileage allowance found at https://www.maine.gov/osc/travel/mileage-other-info may be used.

(9) Costs of attendant, homemaker, home health aide, child care services or housekeeper necessary because of age, infirmity or illness including an amount equal to the one-person Thrifty Food Plan (Section 999-3 Chart 5) if the household provides the majority of the attendant's meals. If the attendant care costs qualify under both medical and dependent care deduction, it is applied as a dependent care deduction.

C. Household must verify medical expenses before they are budgeted. Copies of paid or unpaid bills are sufficient.

When supervision of a qualified dependent is necessary for an individual to engage in a qualified activity (See Subparagraph B below) and is not provided by a household member, those costs are deductible.

A. Qualified Dependents are either:

(1) children under the age of 18, or

(2) individuals of any age who are incapacitated and unable to participate in normal activities (including but not limited to work or school) who are at risk for health and safety issues without supervision. If the attendant care costs qualify under both medical and dependent care deduction, it is applied as a dependent care deduction.

B. Qualified activities are:

(1) working,

(2) seeking employment, and

(3) attending training or schooling in preparation for employment.

C. Household must verify dependent care expenses at application and annual eligibility review before they are budgeted. Copies of paid or unpaid bills, or statement from provider are sufficient.

Households experiencing homelessness who incur or reasonably expect to incur shelter costs during a month are eligible for the Homeless Shelter Deduction found in Section 999-3 Chart 8.

Note: This is a deduction and not a shelter expense.

Shelter costs over 50% of the household's income after all other deductions are deducted, up to the maximum excess shelter deduction found in Section 999-3 Chart 8.

EXCEPTION: No maximum shelter cap applies to households with one or more members who are elderly or have disabilities (Section 999-1).

NOTE: For households with members who are non-citizens funded by a mix of Federal and State funds see Section 444-11.

A. Allowable shelter costs are—

(1) continuing charges leading to ownership of or required for continued occupancy of the shelter occupied by the household (e.g. rent, mortgage (including second mortgages), condominium fees, and required association fees);

NOTE: Security deposits are not budgeted.

(2) property taxes, state and local assessments, and insurance on the structure;

NOTE: Separate costs for insuring furniture or personal belongings are not budgeted.

(3) electricity, gas, heating/cooling costs, cooking fuel, water, sewer, trash collection, basic fee (and tax on basic fee) for one telephone and initial installation of utilities (These utilities are budgeted per Paragraph B below.); and

(4) charges for repair of the home when damaged by natural disaster, unless reimbursed by private or public relief agencies, insurance, etc.

B. UTILITY EXPENSES

Households eligible for the Full Standard Utility Allowance (FSUA), Non-Heat Utility Allowance (NHUA), or Phone Only Utility Allowance (PhUA) have it used as the utilities portion of their shelter expenses. Households not eligible for any utility allowance have the actual verified expense used as the utilities portion of their shelter expenses.

For households using part or all of their utility expenses as self-employment expenses, see C below.

For treatment of utility expenses for a home temporarily vacated, see D below.

All Utility allowance amounts can be found in Section 999-3 Chart 8.

(1) FSUA

(a) A household who has received more than $20.00 in Low Income Heating Assistance Program (LiHEAP) benefits or similar energy assistance benefits in the period including the current month and the immediately preceding 12 months is eligible for the FSUA if at least one household member is elderly or has a disabling condition.

(b) A household who incurs, in full or in part, heating or air conditioning expenses apart from their rent or mortgage bill even if on an irregular basis is eligible for the FSUA. When someone outside the household is paying the entire cost of heating/cooling, and the payment is excluded as a vendor payment, the household is not eligible for the FSUA.

(c) Households living in a housing unit which has central utility meters and are charged only for excess utility costs are eligible for the FSUA.

(2) NHUA

A household who incurs at least two of the following expenses: cooking, lights, water, sewer, telephone, or trash collection including the costs of trash bags, land fill fees, etc. is eligible for the NHUA.

If a household has only one of the above expenses, they are not eligible for the NHUA. If the one expense is not telephone, actual expense must be used.

If multiple households share utility expenses, each household eligible for the NHUA receives the full NHUA.

(3) PhUA

Households not eligible for the FSUA or the NHUA who incur telephone expenses including basic line charges, cellular phone fees, or telephone cards are eligible for the PhUA.

If multiple households share telephone expenses, each household eligible for the PhUA receives the full PhUA.

C. USE OF RESIDENCE FOR SELF EMPLOYMENT

That portion of the shelter costs budgeted as self-employment expenses (Section 444-2) cannot be used as shelter expenses. Households are still eligible for the appropriate Standard Utility Allowance based on utilities not paid in full by the business.

D. HOME TEMPORARILY VACATED

Shelter costs for a home temporarily vacated by the household because of employment or training, illness, natural disaster or casualty loss are deductible only if:

(1) the household intends to return,

(2) the current occupants are not claiming shelter costs for SNAP purposes, and

(3) the home is not leased or rented while household members are absent.

NOTE: Households are only eligible for one utility allowance based on all shelter utilities.

A. Except when expenses are averaged, a deduction is allowed only in the month the expense is billed or otherwise becomes due, regardless of when the household plans to pay the expense. For example, rent which is due each month shall be counted even if the expense is not yet paid. Amounts from past billing periods are not deductible.

NOTE: When a household occupies a residence that has a monthly rent structure, the monthly amount of rent should be budgeted for each month when the shelter deduction is determined, without regard to when the rent was actually paid. For example: A SNAP household with a monthly rent of $500.00 received a financial windfall in November and paid rent for the next six months. The $500.00 rental payment is counted for each of those pre-paid months.

B. Deductible expenses must be payable to someone outside the household.

C. Fluctuating expenses may be averaged.

(1) General Rule

Expenses which are billed less often than monthly may be averaged forward over the interval between scheduled billings or if there is no schedule over the period the expense is intended to cover.

(2) One-time only medical expenses are treated as a one-time only deduction (see A above), averaged over the certification period or remainder thereof, or in the instance of installment purchases over the life of the repayment schedule at the household’s option. Averaging begins the month the change would become effective. If the change cannot be reflected within the certification period the expense is verified, the Department shall issue a supplemental allotment.

D. That portion of the household's expense paid by an excluded vendor payment (Section 555-4(2)) is not budgeted. Expenses paid via a countable vendor payment (such as those paid by countable student aid (Section 444-7(2) or court ordered child support (Section 555-3(1)(E)) are budgeted.

E. The household's expenses are calculated based upon the expenses expected to be billed during the certification period. Anticipation of the expense is based upon the most recent month's bills unless it is reasonably certain that a change will occur. Changes may also be anticipated based on last year's bills for the same period updated to reflect overall price changes. The amount that can be budgeted cannot be determined solely by averaging past expenses, such as utility bills, for the last several months.

A. Gross Income:

The household's total countable gross income must be at or below the gross income standards (Section 999-3 Charts 2 - 4) to determine Categorical Eligibility, eligibility to be considered a separate household from an elderly individual or an individual with disabilities and/or eligibility for benefits. If the gross test is passed all other conditions must still be met.

B. Determining Net Income:

If the household may be eligible after the gross income tests, this step-by-step procedure is used to calculate the net monthly income:

(1) Add all gross earned and unearned income including legally obligated child support payments.

(2) Subtract 20% of earned income (Section 555-5).

(3) Subtract legally obligated child support payments.

(4) Subtract the Standard Deduction (Sections 555-5 and 999-3 Chart 7).

(5) If the household contains a member who is elderly or has a disability, subtract the Excess Medical Deduction (Section 555-5).

(6) Subtract dependent care expenses.

(7) If applicable, subtract homeless shelter deduction to determine adjusted net income (Sections 555-5 and 999-3 Chart 8).

(8) Subtract the Excess Shelter Deduction

(a) Determine total shelter costs (Section 555-5).

(b) Subtract half the figure arrived at in 7, above, from the shelter costs to determine the shelter deduction.

(c) Subtract the shelter deduction up to the cap (Section 999-3 Chart 8) from the adjusted net income to determine the net SNAP income (NSI) (Section 555-5).

EXCEPTION: There is no shelter cap for a household containing at least one individual who is elderly or has a disability.

If the NSI is less than $0, it is raised to $0.

C. Net Income Test:

Non-categorical households must have an NSI at or below the net income standard (Section 999-3 Chart 1).

A. Determining a Full Month’s Benefit

An eligible household’s monthly benefit is determined by subtracting 30% of the NSI from the Thrifty Food Plan for that size household (Section 999-3 Chart 5) and rounding down to the nearest whole dollar.

EXCEPTION: Except for the initial month, eligible one and two member households are eligible for a minimum allotment (Section 999-3 Chart 6).

B. Determining an Initial Month’s Benefit

The initial allotment is determined by the following:

(1) No minimum allotment is taken into consideration for the initial month.

(2) Migrant and seasonal farm worker households which participated in the program, in the previous month are eligible for a full month’s benefit for the initial month.

(3) For all other households the allotment issued for the initial month is prorated from the date of application (Section 999-1) or the date the household takes the required action per the standards established in Section 222-6(5).

(a) The corresponding figure in the “Table of Percentages for Proration” in Section 555-7 is multiplied by the full months benefit calculated in A, above (disregarding the minimum).

(b) The product is rounded down to the nearest whole dollar.

(c) If this figure is less than ten, there is no allotment for the initial month. Otherwise, this figure is the allotment for the initial month.

(4) The Department shall not reduce an initial month’s allotment to pay off a claim without the household’s permission.

(5) The allotment for the initial month after an annual eligibility review and any month there was a break in participation during the certification period is only prorated if the household was at fault for the break in participation.

(6) An eligible household with a date of application after the 15th of the month is issued an initial allotment which combines the initial month’s allotment and the first regular month’s allotment. No further benefits will be issued until the second full month.

NOTE: If a household files an application with less than a 30 day break since their previous participation, the resulting benefits do not qualify for the combined two month allotment provision.

Table of Percentages for Proration 28-Day Month | 29-Day Month | 30-Day Month | 31-Day Month Day Percent | Day Percent | Day Percent | Day Percent 1 | 100.00 | 1 | 100.00 | 1 | 100.00 | 1 | 100.00 2 | 96.43 | 2 | 96.55 | 2 | 96.67 | 2 | 96.77 3 | 92.86 | 3 | 93.10 | 3 | 93.33 | 3 | 93.55 4 | 89.29 | 4 | 89.66 | 4 | 90.00 | 4 | 90.32 5 | 85.71 | 5 | 86.21 | 5 | 86.67 | 5 | 87.10 6 | 82.14 | 6 | 82.76 | 6 | 83.33 | 6 | 83.87 7 | 78.57 | 7 | 79.31 | 7 | 80.00 | 7 | 80.65 8 | 75.00 | 8 | 75.86 | 8 | 76.67 | 8 | 77.42 9 | 71.43 | 9 | 72.41 | 9 | 73.33 | 9 | 74.19 10 | 67.86 | 10 | 68.97 | 10 | 70.00 | 10 | 70.97 11 | 64.29 | 11 | 65.52 | 11 | 66.67 | 11 | 67.74 12 | 60.71 | 12 | 62.07 | 12 | 63.33 | 12 | 64.52 13 | 57.14 | 13 | 58.62 | 13 | 60.00 | 13 | 61.29 14 | 53.57 | 14 | 55.17 | 14 | 56.67 | 14 | 58.06 15 | 50.00 | 15 | 51.72 | 15 | 53.33 | 15 | 54.84 16 | 46.43 | 16 | 48.28 | 16 | 50.00 | 16 | 51.61 17 | 42.86 | 17 | 44.83 | 17 | 46.67 | 17 | 48.39 18 | 39.29 | 18 | 41.38 | 18 | 43.33 | 18 | 45.16 19 | 35.71 | 19 | 37.93 | 19 | 40.00 | 19 | 41.94 20 | 32.14 | 20 | 34.48 | 20 | 36.67 | 20 | 38.71 21 | 28.57 | 21 | 31.03 | 21 | 33.33 | 21 | 35.48 22 | 25.00 | 22 | 27.59 | 22 | 30.00 | 22 | 32.26 23 | 21.43 | 23 | 24.14 | 23 | 26.67 | 23 | 29.03 24 | 17.86 | 24 | 20.69 | 24 | 23.33 | 24 | 25.81 25 | 14.29 | 25 | 17.24 | 25 | 20.00 | 25 | 22.58 26 | 10.71 | 26 | 13.79 | 26 | 16.67 | 26 | 19.35 27 | 7.14 | 27 | 10.34 | 27 | 13.33 | 27 | 16.13 28 | 3.57 | 28 | 6.90 | 28 | 10.00 | 28 | 12.90 29 | 3.45 | 29 | 6.67 | 29 | 9.68 30 | 3.33 | 30 | 6.45 31 | 3.23

Transitional Food Assistance (TFA) benefits are a fixed monthly amount of Food Supplement benefits that are provided for up to five months to certain families whose TANF cash assistance has ended. TFA eligibility is based on the TANF closure so the household must have received TANF or TANF/PaS cash assistance within the past 30 days and Food Supplement Program benefits within the past 60 days to be considered for TFA eligibility. The household does not have to lose eligibility for regular Food Supplement benefits to become eligible for TFA, however, the household cannot receive TFA and regular Food Supplement benefits at the same time.

All included members in an open Food Supplement household, that includes at least one member from a TANF financial assistance group at the time the TANF closes, are eligible for TFA.

Approved TANF closure reasons are:

1. Gross or net income over limits; or

2. Increase in work hours, transitional services.

Households eligible for TFA will receive a TFA Start Letter, which contains information about who is eligible for TFA, the amount of the benefit, how the benefit was determined, and the length of the TFA period. The letter will also explain the process for reporting household changes for those receiving TFA. Households will be notified that they are not required to report any changes in circumstances until the time that they must apply for recertification. Finally, the letter will notify families that their benefit allotment can be changed if the household experiences a decrease in income, an increase in expenses or an increase in household size that could lead to a higher Food Supplement allotment.

Households are not eligible for TFA if TANF cash assistance closed in part or solely due to any of the following:

1. a sanction, being a fugitive felon, or Intentional Program Violation;

2. a transfer of assets or property to qualify for assistance;

3. failure to cooperate with quality control or child support;

4. failure to provide verification required to determine eligibility;

5. not residing in Maine;

6. a case head has left the household.

Households in which all members are ineligible for the Food Supplement Program are also ineligible for TFA.

Individuals ineligible or excluded from the Food Supplement Program at the time that TFA is initially determined will remain ineligible for the duration of the TFA period.

The TFA benefit amount is based on information already known at the time the TANF ends. No further contact is required with the household until the end of the TFA period.

The TFA benefit amount is determined by using the Food Supplement Program budget for the last month that TANF cash was issued and deducting the TANF grant that the household is no longer receiving.

The resulting net income is used to calculate the TFA benefit amount.

The TFA benefit amount is frozen for the duration of the TFA period regardless of any changes to the household’s circumstances. See Transitional Food Assistance Requirements and Changes During the Transitional Food Assistance (TFA) Period below.

EXCEPTIONS: Only under the following circumstances are TFA benefits recalculated during the TFA period:

federally mandated updates to Food Supplement Program allotments and deductions in October;

recoupment; and

3. if a member of an TFA household moves out and either reapplies on their own or is reported as a new member in another Food Supplement household.

The TFA benefit period begins the first month following the last month TANF financial assistance was received and continues for five consecutive months, unless during the TFA period the household:

1. opens for TANF cash;

2. reapplies for regular Food Supplement Benefits; or

3. requests that TFA close.

The recertification period for Food Supplement Program will be reset to match the last month of TFA at the time the household is found eligible for TFA. See FS 666-8, Shortening a Certification Period.

Households will be mailed a special review form the end of month four of the TFA period. Households must recertify for regular Food Supplement benefits by completing the review form during TFA month five to have eligibility for regular Food Supplement benefits redetermined. During the recertification, all changes that were reported during the TFA period, and any new information, will be used to determine ongoing Food Supplement Program eligibility. If the household fails to complete and submit the review form or reapply, TFA automatically terminates on the last day of month five.

There are no work registration requirements or ABAWD work requirements during the TFA period.

If the household only receives TFA, and is not open for another assistance program, the household has no reporting requirements. If the household is open for other programs in addition to TFA, the household must continue to report all changes as required by those programs.

Since TFA benefits are frozen and cannot be altered during the TFA period, any changes acted upon for other programs will not impact the TFA benefit amount. See EXCEPTIONS on previous page.

If a household experiences a decrease in income, an increase in expenses, or an increase in household size, the household’s benefits could potentially be higher if the household stopped TFA and requested regular Food Supplement benefits. Because benefits are frozen during the TFA period, the household must reapply for regular Food Supplement benefits to have the household’s benefit allotment amount changed.

TFA will automatically end under the following circumstances:

1. the household opens for TANF cash;

2. the household reapplies for regular Food Supplement benefits. See Changes During the Transitional Food Assistance (TFA) Period above; or

3. the household fails to complete and submit the review form during month five of the TFA benefit.

Households must report, by the tenth of the month following the month the change occurred if:

A. their monthly household gross income exceeds 130% of the federal poverty level (FPL) (Section 999-3 Chart 2).

B. Any household that contains an ABAWD (see Section 111-7) who is employed must report when the ABAWD’s weekly hours fall below 20.

C. Any individual(s) win, in a single game, gross gambling or lottery winnings equal to or in excess of the figure found in Section 999-3 Chart 9 for Non-Categorical Households with a member who is elderly or has a disability.

Households are not required to report any other changes for SNAP except at annual eligibility review and six-month report.

A. Households in which all adult members are elderly or have disabilities with no earned income at certification are not required to complete a six-month report.

B. All other households must complete a six-month report. Information reported on the six-month report must reflect current household status.

C. The Department shall send households who are required to submit a six-month report, a six-month report prior to the end of the fifth month of their certification period.

D. The six-month report is not a recertification, therefore:

(1) Reported changes that result in a decrease in benefits or closure need to receive adverse action and advance notice.

(2) Reported changes that result in a decrease in benefits (e.g., increases in income, decreases in household size or expenses) do not require verification.

(3) Changes to mandatory items, per Section 222-5(2), that result in an increase in benefits (e.g., decreases in income), may only be made if they are verified.

(a) Recipients may be asked to submit verification; however, they are not required to do so. The Department shall inform recipients of the advantage of submitting verification of changes that increase benefits.

(b) If verification is received after the processing of the six-month report and it results in an increase to the benefit amount, the increase takes effect the month the verification was received. The household may be eligible for a supplement.

(4) Only the questions on the six-month report need to be answered or reported.

E. The Department shall send a reminder notice to households during the sixth month if the six-month report has not been received by the filing date.

F. Failure of the household to return the report prior to the end of the sixth month results in closure of SNAP benefits. The benefits will remain closed unless the report is submitted during the seventh month or the household reapplies for benefits.

G. If a six-month report is submitted late, but received by the Department in the seventh month the end date of the certification period will not change and benefits for the seventh month will not be prorated, if the household is otherwise eligible.

Households that do not submit their six-month report by the end of the seventh month of the certification period will need to reapply if they want benefits to continue. A six-month report received after the seventh month cannot be accepted as an application or reapplication.

A. The Department shall act on verified changes as they become known to the Department. Changes that are considered verified upon receipt, such as verified changes reported by the household, changes reported by the Social Security Administration, the Division of Support Enforcement and Recovery and the Department of Labor Bureau of Unemployment Compensation will be acted on whether they increase or decrease benefits. If reported changes cannot be considered verified upon receipt, the Department will not act on the change unless required by another program in which the household is participating.

B. Changes acted on for other programs for a household receiving SNAP benefits must be acted on for SNAP. If the Department requests verification from the household to clarify circumstances for another program and the household fails to respond to that request, the Department must consider the impact on SNAP benefits according to Section 222-5.

C. At any time during the certification period, changes that are reported, whether as part of the annual eligibility review, as mandatory reporting or as a voluntary report will be acted upon in the following manner:

(1) Reported changes that result in a decrease in benefits or closure do not require verification, unless questionable. The Department shall provide adverse action and advance notice of the decrease. If the reported change is considered questionable as defined in Section 999-1 the Department may require verification for benefits to continue. If the household is expected to be ineligible for only one month, the case is suspended.

NOTE: If any responsible member provides information that results in ineligibility for the household or a member of the household, requests that the action take effect immediately, and signs a statement affirming so, the action shall be taken immediately.

(2) Changes that result in an increase in benefits (e.g., decreases in income) must not be made without verification if it is a mandatory item per Section 222-5(2) or the information is considered questionable as defined in Section 999-1. If no verification is necessary the increase is effective the month the change is reported. The household may be eligible for a supplement.

(a) Recipients may be asked to submit verification; however, they are not required to do so. The Department shall inform recipients of the advantage of submitting verification of changes that increase benefits.

(b) If verification is received and it results in an increase to the benefit amount, the increase takes effect the month the verification was received. The household may be eligible for a supplement.

D. During the certification period, information on household circumstances may be received that requires clarification or verification in order to determine a household’s continued eligibility for benefits. Unclear information can be either not verified or verified but still requiring additional information to act on it. Unclear information will be processed as follows:

(1) If the unclear information is received other than at application or annual eligibility review and the change is less than 60 days old from the current month of participation and would have met the requirements for a reportable change, as stipulated in 1 above, the Department shall send a letter which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond.

Failure to respond will result in a notice of adverse action to close the case and advise the household they may be required to submit a new application if they want to continue to participate in SNAP.

(2) If the unclear information significantly conflicts with the information used by the Office for Family Independence (OFI) staff to determine eligibility at the time of certification, then the Department shall send a letter which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond.

Failure to respond will result in a notice of adverse action to close the case and advise the household they may be required to submit a new application if they want to continue to participate in SNAP.

(3) If the unclear information is received as a result of a data match with the prisoner verification system or the deceased matching system, and the department cannot verify the information, then the Department shall send a letter which informs the household about the required verification needed to clarify household circumstances, with a 10-day time frame in which to respond. Collateral contacts will not be used to verify data matches with out the household’s consent.

Failure or refusal to respond will result in closure of the SNAP case.

(4) If the unclear information does not meet the criteria for numbers 1 or 3, above, OFI staff will not act on the information or require the household to provide any verification related to this information until the next annual eligibility review.

When a change is reported by the household, and it would have resulted in a benefit increase for the month in which it is reported had the allotment not already been authorized, the Department shall issue a supplemental allotment. The amount is calculated based upon the difference between the amount already authorized and the amount the household would have received based upon the circumstances in the month the change is reported.

NOTE: This means that when a change is reported by the household during the certification period, a determination of whether or not a supplement is required must be made based solely on the circumstances in the month in which the change is reported. It is conceivable that a reported change could result in a decrease in next month's benefits and a supplement for the month it was reported.

Under no circumstances should a supplemental allotment be calculated based simply upon the difference between "this month's allotment compared to next month's allotment".

The Department shall authorize supplements no later than 5 days after the change is reported and if necessary verified, whichever is later. Households are entitled to the supplement whether or not the change is reported within 10 days of its occurrence. They are entitled to the supplement when the change is reported during the annual eligibility review process.

GENERAL RULE - Certain changes are initiated by the State or Federal government which may affect all or most of the caseload. These changes include, but are not limited to:

1. adjustments in the Thrifty Food Plan.

2. adjustments in the standard deduction.

3. adjustments in the shelter/dependent care deduction.

4. adjustments in the income eligibility standards.

5. periodic adjustments to TANF or PaS payments.

Advance notice of adverse action is not required when a household's benefits are reduced or terminated as a result of a mass change. The household shall receive adequate notice not later than five days before benefits would normally be received.

*EXCEPTION: Adverse actions resulting from computer to computer matching concerning mass changes to Federal benefits, other than Social Security and SSI, require an advance notice of 30 days.

GENERAL RULE - Establish a definite period of time which the household shall be eligible to receive Food Supplement benefits. At the expiration of each certification period entitlement to benefits ends. At initial application, the first month of the certification period shall be the month of application. Certification periods shall conform to calendar months and shall not be more than twelve (12) months.

NOTE: Food Supplement Program (FSP) applicants and recipients receiving TANF/PaS and MaineCare shall be assigned a common re-determination period based upon FSP criteria. Categorically eligible TANF/PaS households shall have their FSP benefits terminated for failure to complete a re-determination even though they continue to receive TANF/PaS or SSI benefits. When TANF/PaS benefits are terminated within the certification period, and the agency does not have sufficient information to determine the effect upon FSP eligibility and benefit level, the following actions shall be taken:

Wait until it is certain that the TANF/PaS benefits will be closed for at least one month.

Unless the certification period expires by the end of the following month, send a notice of expiration which informs the household that its certification period will expire at the end of the month following the month the notice of expiration is being sent, and that its certification period is expiring because of changes in its circumstances which may affect its FSP eligibility and benefit level.

All households shall be assigned a twelve (12) month certification period.

SHORTENING A CERTIFICATION PERIOD

There are only three basic instances when the State can shorten a certification period:

1. When the State received information which indicates the household is ineligible,

2. When a household is found eligible for Transitional Food Assistance (TFA) and the recertification month is pushed back to match the last month of TFA, or

3. When the household does not cooperate in clarifying its circumstances.

For #1 & #3 only, a contact letter must be sent giving ten (10) days to respond. If the household does not respond, or responds and refuses to provide information, a notice of adverse action is sent for termination.

The right to participate ends with the last day of the certification period. The Department shall provide each household a notice of expiration by the beginning of the last full month of the certification period. Benefits shall not be continued beyond the certification period unless the Department determines the household is still eligible. For the Department to make a determination that the household is ineligible, or still eligible, the household must —

A. submit a signed renewal form on paper, electronically, or telephonically,

B. provide any necessary verifications; and

C. complete an interview with the following exceptions:

(1) The Department shall process all annual eligibility reviews without an interview until the earlier of March 31, 2023 unless—

(a) the household requests an interview,

(b) there is unclear information on the renewal form, or

(c) the household would be determined to be ineligible based on information provided on the renewal form.

(2) Households which have no earned income and in which all adult members are elderly and/or have disabilities will not be required to complete an interview at annual eligibility review unless —

(a) there is unclear information on the renewal form, or

(b) the household would be determined to be ineligible based on information provided on the renewal form.

The Department will conduct an interview if the household requests one.

NOTE: Advance notice of adverse action is not required when benefits change from one certification period to another.

A. The household is considered to have met the requirements of a timely review if they:

(1) file the renewal form by the 15th day of the last month of the certification period,

(2) complete an interview, if required, by the end of the certification period, and

(3) submit necessary verifications by the later of ten calendar days of the request or the end of the certification period.

B. If the household meets the requirements of a timely review, the Department shall determine eligibility and notify the household of the Department’s determination by the end of the household's current certification period. The Department shall allow eligible households to continue their normal issuance cycle in the month following the end of their current certification period.

C. If, due to the time allowed for submitting requested verification, the Department is unable to determine a household’s eligibility in time for an eligible household to participate in their normal issuance cycle, the Department shall allow any eligible household to participate within five working days after the household submits the missing verification.

A. The household shall lose their right to uninterrupted benefits for failure to—

(1) file the renewal form by the 15th day of the last month of the certification period,

(2) complete a scheduled interview, if required, prior to the end of the certification period, or

(3) submit requested mandatory verifications by the later of ten calendar days of the request or the end of the certification period.

B. If the household loses their right to uninterrupted benefits due to such failures but is otherwise eligible after correcting such failures, the Department shall provide benefits within the later of—

(1) 30 days after the renewal form is filed,

(2) ten days of the date the required interview is completed, or

(3) ten days of the date the required verification is provided.

C. If the household does not file the renewal form until after the end of the previous certification period, the allotment to be issued for the initial month of the new certification period shall be prorated from the date the renewal form is received, per the process at Section 555-6(2)(B).

The Department shall process denials —

A. on the last day of the current certification period if continued eligibility cannot be determined prior to that date, or the household is ineligible and no interview could be completed,

B. within 30 days after the date the renewal form was filed untimely, if the household is ineligible and no interview could be completed, or

C. within ten days of determining the household is ineligible, if an interview has been completed and the household fails to provide requested mandatory verifications timely.