us-ms/manual/mdhs/snap-policy-manual

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us-ms/manual/mdhs/snap-policy-manual · Axiom

(part-14)(1.4)1.4 Household Rights and Responsibilities.#

A. Federal and state regulations provide certain rights to households applying for or receiving SNAP benefits, including the right to: 1. File an application during working hours on the same day one contacts the office with, at a minimum, a name, address and signature of a responsible adult household member or authorized representative. 2. A telephone interview if one is unable to come to the office for the interview with the MDHS caseworker due to age, transportation difficulties, illness, or other hardship as determined by MDHS. 3. A certain amount of privacy concerning one’s circumstances and need for assistance. For more information, see Rule 1.11 Confidentiality. 4. Designate in writing an authorized representative. 5. Adequate notice of reduction in benefits or closure of a case based on the household’s change in circumstances. 6. Non-discriminatory treatment. 7. A fair hearing on an application, amount of benefits, closure of case, or any action of the agency about which the household wishes to express dissatisfaction. 8. Free language assistance for persons with Limited English Proficiency and/or auxiliary aids/services or other reasonable modifications for persons with disabilities. B. All households applying for or receiving SNAP benefits are responsible for: 1. Giving correct and complete information about household circumstances as they relate to eligibility, both at the time of application and at each recertification. 2. Providing Social Security numbers (SSN) for each person for whom assistance is requested. 3. Cooperating in the application process by participating in an interview and providing required verification. 4. Informing the county office of changes. Change Reporting households are required to report all changes within ten (10) days of the date the change becomes known to the household. 5. Cooperating with Quality Control personnel, if selected for review in the quality control sample. 6. Using SNAP benefits properly. 7. Complying with Child Support requirements, if applicable. 8. Complying with SNAP work registration requirements, if applicable. 9. Completing a timely reapplication to receive, if eligible, uninterrupted benefits. Source: The Privacy Act of 1974 (5 U.S.C. §552a); 7 CFR §272.1(c); 7 CFR §272.4(b); 7 CFR §273.2 (c-d); MS Code §43-1-19 Revised: March 2022

(part-14)(1.11)1.11 Confidentiality.#

SNAP case information is confidential under Federal and State law. Information must be protected in order to prevent unauthorized disclosure. A. Administrative Disclosure: Case information may only be disclosed for purposes directly related to the administration of the following programs: 1. Persons directly connected with the administration or enforcement of the provisions or regulations of the Food and Nutrition Act of 2008; 2. Child Support; 3. Food Distribution programs; 4. Medicaid; 5. The National School Lunch Program for the purpose of approving eligibility of children for free meals based on their receipt of SNAP; 6. Comptroller General’s Office for audit examination; 7. Law enforcement upon their written request. The written request must include the identity of the individual requesting the information and his/her authority for doing so, the violation being investigated and the person’s identity the information is being requested. a) If the purpose is investigating an alleged Food and Nutrition Act of 2008 or regulation violation, any information shall be provided. b) Information, such as address, social security number and photo if available, must be restricted to household members being sought. If the purpose is investigating fleeing felons, a felony warrant must be provided. If the purpose is investigating probation or parole violators, law enforcement must be actively pursuing the individual. c) Information will also be disclosed regarding a household member when such 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 violation a condition of his/her probation or parole. 8. Supplemental Security Income (SSI); 9. State programs administered under a plan approved under the Social Security Act, which is required to participate in the Income and Eligibility Verification System (IEVS) to the extent that SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs; 10. Temporary Assistance for Needy Families (TANF); 11. Any other federally aided means-tested programs; or 12. Verification of immigration status of non-citizens applying for SNAP through the Systematic Alien Verification for Entitlements (SAVE) Program. B. Information Considered Confidential: Agency employees must not disclose confidential information concerning any applicant or recipient of agency services, except in the administration of the programs listed above. Such information includes: 1. Names and addresses or lists of applicants and recipients; 2. Amount of benefits; 3. Case record documents; 4. Information provided by another agency without that agency’s permission, such as State Data Exchange (SDX), Unemployment, IEVS, etc.; 5. Social Security Administration (SSA) information; 6. National Directory of New Hires (NDNH) data; and 7. Internal Revenue Service (IRS) Federal Tax Information (FTI). C. Other Disclosure of Household Information: Besides the above referenced administrative disclosures, specific information must only be disclosed to other agencies and/or persons upon the written authorization of the head of household, household spouse, other adult household member or an authorized representative. D. Household Access: Upon written request, a responsible member of the SNAP household, a currently authorized representative, or any person given permission in writing to act on the household’s behalf may review materials contained in the case file during normal business hours. Confidential third party provided information may not be available to the household. E. Penalties for Unlawful Disclosure-SSA Information: 1. MDHS must restrict access to SSA-provided data to authorized users who need it to perform their official duties. 2. MDHS must process SSA-provided information under the immediate supervision and control of authorized personnel. 3. SSA-provided data is confidential and must be safeguarded at all times. Such data must not be printed for any reason. 4. MDHS must inform all employees and contractors of the Incident Reporting and User Sanctions pertaining to SSA-provided data. 5. SSA-provided data and “Personally Identifiable Information (PII)” must be safeguarded and kept confidential by all MDHS employees. PII covered under several Federal laws and statutes, refers to specific information about an individual used to trace that individual’s identity. Information such as his/her name, Social Security Number (SSN), date and place of birth, mother’s maiden name or biometric records, alone, or when combined with other personal or identifying information is linkable or lined to a specific individual’s medical, educational, financial and employment information. 6. MDHS personnel who access, use, duplicate or disclose SSA-provided data obtained pursuant to the SSA “Information Exchange Agreement”, between SSA and MDHS, in a manner or for purposes not authorized by this agreement may be subject to civil and criminal sanctions under applicable Federal statutes. 7. Any agency employee that publishes, discloses, or makes known in any manner confidential SSA information is subject to a civil money penalty of $10,000 for each such unauthorized publication or disclosure, or a criminal penalty of a fine of not more than $10,000 or imprisonment of not more than 1 year, or both, for each such unauthorized publication or disclosure. 8. If MDHS staff or contractors experience or suspect a breach or loss of PII or a security incident, which includes SSA provided information, supervisory staff must immediately notify the SSA Regional Office Contact or the SSA Systems Security Contact identified in the agreement. If, for any reason, the responsible State official or delegate is unable to notify the SSA Regional Office or the SSA Systems Security Contact within one hour, the responsible State Agency official or delegate must report the incident by contacting SSA’s National Network Service Center (NNSC) toll free at 877-697-4889 (select “Security and PII Reporting” from the options list). F. Federal Tax Information Security and Penalties 1. IRS guidelines restrict the use and access of Federal Tax Information (FTI) to agency employees with a need-to-know. 2. It is the responsibility of every SNAP employee and contractor to ensure the confidentiality of our client’s FTI. 3. All agency employees must receive training upon employment with the agency prior to receiving access to FTI and annually thereafter. The training must include a) a review of the importance of safeguarding FTI; b) organizational authority for receiving FTI; c) authorized uses of FTI; d) authorized disclosure; e) instructions for reporting improper inspections and/or disclosure; f) the fact that FTI must be safeguarded after employment with the agency has ended; g) the penalties associated with failing to safeguard FTI; and h) a signed statement of completion containing information required by Publication 1075 that must be maintained for 5 years. 4. Agency employees with a need-to-know must maintain the confidentiality of, or safeguard, FTI to ensure that improper inspection and/or disclosure of FTI does not occur. 5. Any such improper inspections and/or disclosure of FTI must be reported to the appropriate Treasury Inspector General Tax Administration (TIGTA) office and the Office of Safeguards within 24 hours of discovery. G. National Directory of New Hires: Any use of NDNH data except in the administration of SNAP and/or any unauthorized disclosure of such data must be reported immediately to the Director of State Operations, who will in turn notify Management Information Systems (MIS) within one hour of discovery. H. Restrictions of Staff in Handling Certain Cases: Any staff member and relatives and/or personal interest cases of staff members may apply for and receive assistance. However, there are special procedures for taking and processing applications for employees and individuals related to, or of personal interest to, a staff member in order to avoid a conflict of interest. Source: The Privacy Act of 1974 (5 U.S.C. §552a); 42 U.S.C. §1306; 26 U.S.C. §6103; 26 U.S.C. §7431, 7213 and 7213A; 7 CFR §272.1(c); 7 CFR §272.16; 42 U.S.C. §1396w–2; 42 U.S.C. §653(l); Miss Code Ann. §43-1-19 Revised: March 2022

(part-14)(1.12)1.12 Complaints.#

A. Program complaints may be made by a member of a household, an authorized representative, or any other person. This does not include complaints alleging discrimination or those that can be pursued through a fair hearing. MDHS provides SNAP applicants and/or recipients an opportunity to appeal adverse administrative decisions and provide supporting documentation challenging the adverse or noncompliant action. Please refer to Title 18 of the Administrative Code, Part 23, Programmatic Administrative Agency Appeal Hearing Policy, Chapter 3. B. Case information must not be released to anyone other than the household or the authorized representative, unless the household or authorized representative has provided approval in writing. C. All complaints are promptly reviewed to determine if the county’s actions were correct. D. Such complaints may involve program policy, procedures and customer service. E. MDHS must inform participants, potential participants and other interested parties of the complaint process. 1. Complaint Review: MDHS must maintain a record of said complaints, their disposition and will review those records at least annually to ascertain whether there is a pattern of issues that may need to be resolved through further training. The results of this review must be provided to the Performance Reporting System Coordinator and, if appropriate, be included in the State Corrective Action Plan. FNS shall monitor state compliance with these requirements through the Performance Reporting System. 2. Complaints to Public Officials: When a SNAP applicant, recipient, or authorized representative makes a complaint about the agency in writing to a public official, the public official in turn will usually provide the letter to the agency. By providing facts about its complaint to the public official, the SNAP household is implying that it has provided consent to the agency to include that information when replying to the public official. When preparing a response, the agency should only include information that is necessary to explain the agency’s position or action. The household/authorized representative may request a fair hearing if they are not satisfied with the results of the complaint review and outcome. Please refer to Title 18 of the Administrative Code, Part 23, Programmatic Administrative Agency Appeal Hearing Policy, Chapter 3. 3. Regional Office Responsibility: Individuals may file a complaint with the appropriate FNS Regional Office. For the state of Mississippi, complaints should be directed to the Southeast Regional Office, U.S. Department of Agriculture, Food and Nutrition Services, 77 Forsyth Street SW, Suite 112, Atlanta, GA 30303-3427. Source: 7 CFR §271.6 Revised: March 2022

(part-14)(2.10)2.10 Authorized Representatives.#

A. Applicants may authorize representatives to act on a household’s behalf either: 1. During the application process; 2. Obtaining benefits; or 3. Utilizing SNAP benefits. B. A non-household member may be designated if assistance is needed with the application process provided such person is an adult, is familiar with the current circumstances of the household and such designation has been made in writing by the head of household/primary individual, the spouse or another responsible household member. C. An authorized representative may conduct some household duties during the certification period, such as change reporting. D. Residents of drug or alcohol treatment centers must apply and be certified through an authorized representative. E. Drug or alcohol treatment centers and group living arrangements, which act as authorized representatives, must use the EBT card for food prepared and served to those residents participating in SNAP. F. Residents of group living arrangements have the option to appoint an authorized representative. G. Authorizing a benefit representative to obtain benefits should be encouraged in case of illness or other unforeseen circumstances. H. The authorized benefit representative for obtaining benefits may be different from the authorized representative in the application process. I. A household may agree for any household member or non-member to use its electronic benefit transfer (EBT) card to purchase food or meals. J. Restrictions: Agency employees involved in the certification of benefits and retailers who accept SNAP benefits may not act as authorized representatives without specific written approval by a designated state official. K. A person disqualified for an intentional program violation cannot act as an authorized representative during the disqualification period unless MDHS approves. L. If MDHS has determined that an authorized representative has provided false information or used the EBT card improperly, it may disqualify that person from being an authorized representative for up to one (1) year. M. To prevent abuse, MDHS may set a limit on the number of households an authorized representative may represent. N. Homeless meal providers may not act as authorized representatives for homeless SNAP recipients. O. Households must be informed that it will be liable for any overpayments that result from erroneous information provided by the authorized representative. P. Exception: Drug and alcohol treatment centers or other groups living arrangements that act as the authorized representatives will be liable. Source: 7 CFR §273.2(n) Revised: March 2022

(part-14)(3.3)3.3 Mandatory Verification at Initial Application.#

The following information must be verified prior to certification for households at the initial application: A. Gross nonexempt income – Gross nonexempt income, both earned and unearned, must be verified for all household members prior to certification. B. Citizenship and/or Non-citizen eligibility – The immigration status of all non-citizens applying for SNAP benefits must be verified using the Systematic Alien Verification for Entitlements (SAVE) system. C. Utility expenses – The worker must verify a household’s utility expenses if the household wishes to claim expenses in excess of MDHS’ utility standard and the expense would actually count as a deduction. If the household’s actual utility expenses cannot be verified before the thirty (30) days allowed to process the application expire, MDHS must use the standard utility allowance, provided the household is entitled to use the standard. If the household wishes to claim expenses for an unoccupied home, MDHS must verify the household’s actual utility expenses for the unoccupied home and not use the standard utility allowance. D. Medical expenses – The amount of any medical expense must be verified prior to initial certification and at recertification provided the expense would actually result in a deduction. If a portion of the expense is reimbursable, the amount to be reimbursed must be verified before the non-reimbursable portion can be allowed. Verification of other factors, such as whether services provided are allowable or the eligibility of the person incurring the cost, must be required if questionable. E. Social Security Numbers (SSN) – Households are required to provide the social security number of each household member or apply for a number prior to certification, but the worker must not delay the certification for or issuance of benefits to an otherwise eligible household solely to verify the SSN of a household member. If an individual is unable to provide a SSN or does not have a SSN, the worker must require the individual to apply for a number. Once verified, MDHS must make a permanent notation in their system so as to prevent any further unnecessary reverification of the SSN. F. Residency – Residency in the county must be verified, except in unusual cases (such as homeless households, some migrant farm worker households, or households newly arrived in a county) where verification of residency cannot reasonably be accomplished. G. Identity – The identity of the person making application must be verified. When an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household must be verified. H. Disability – Verification of disability is required to identify individuals or households who may qualify for the uncapped shelter expense allowance, for excess medical deduction, the higher resource limit, exclusion from the gross test, and as a condition of eligibility for residents of blind and disabled group living arrangements. I. Household composition – The worker must verify factors affecting the composition of a household, such as student, boarder, or separate household status, if questionable. Individuals are responsible for proving they are a separate household to the satisfaction of MDHS. J. Students – If a person claims to be physically or mentally unfit for purposes of the student exemption, verification may be required. K. Legal obligation and actual child support payments – The legal obligation and actual child support payments made to or for a non-household member must be verified, if allowing the expense could potentially result in a deduction. L. Able-bodied Adult without a Dependent (ABAWD) – The number of hours worked and any countable months in another state must be verified. Any questionable information must also be verified. M. Household members Terminated for Non-Cooperation with State Quality Control (QC) Reviewer – All factors of eligibility must be verified after reapplying after ninety-five (95) days from the end of the annual review period. If it was non-cooperation with a Federal QC reviewer, then all factors of eligibility must be verified after reapplying after seven (7) months from the end of the annual review period. N. Liquid Resources and Loans – The worker will verify liquid resources and whether monies received by households are loans. O. Dependent Care Costs – All dependent care costs must be verified by the household, regardless of the amount. Source: 7 CFR §273.2(f)(1) Revised: March 2022

(part-14)(9.2)9.2 Eligibility Criteria.#

The following household members meeting citizenship or non-citizen status requirements are eligible to participate in SNAP: A. U.S. Citizens: U.S. citizens are considered those born in one of the fifty (50) states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Marianna Islands. B. Non-Citizen Nationals: Non-citizen Nationals are persons born in American Samoa or Swain’s Island. These persons may be eligible for SNAP benefits on the same basis as U.S. citizens and are not assigned any additional classifications by U.S. Citizenship and Immigration Services (USCIS). C. Certain American Indians: Those born in Canada living in the U.S. under section 289 of the Immigration and Nationality Act (INA) or a member of a federally recognized Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). D. Certain Hmong or Highland Laotian Tribal Members: A non-citizen lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe that helped U.S. personnel in Vietnam (during the period of August 5, 1964 through May 7, 1975). The person’s eligibility continues even if the USCIS status changes at a future date. The eligibility also extends to: 1. Spouse or surviving spouse of the tribal member; 2. Unmarried dependent children under the age of 18 (or under age 22 if a full-time student); 3. Unmarried children under the age of 18 (or under 22 if a full-time student) who were dependent on the tribal member at the time of the member’s death; and 4. Unmarried disabled children of any age who were disabled before age 18 and dependent on the tribal member prior to the child’s 18th birthday. E. Trafficking Victims: A non-citizen approved by the U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) as a victim of a severe form of trafficking to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the Immigration and Nationality Act (INA) in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386, as amended). Eligibility also extends to: 1. A non-citizen who has been subjected to a severe form of trafficking and who is under the age of 18 to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the Immigration and Nationality Act (INA); and 2. A spouse, child, parent or unmarried minor sibling of a victim for those individuals under 21 years of age and who has received a derivative T visa to the same extent as a non-citizen who is admitted to the U.S. as a refugee under Section 207 of the INA. 3. A spouse or child of a victim of a severe form of trafficking in persons 21 years of age or older and who has received a derivative T visa to the same extent as a non- citizen who is admitted to the U.S. as a refugee under Section 207 of the INA. F. Qualified Non-Citizens: These are the categories of qualified non-citizens: 1. A non-citizen who was lawfully admitted for permanent residence (LPR) under the INA, including Iraqi and Afghan Special Immigrants (SIV). a) Lawful Permanent Resident (LPR) are aliens who are lawfully authorized to live permanently in the United States also known as “Green Card” holders. 2. Conditional Entrant: A non-citizen lawfully present under Section 203(a)(7) of the INA as in effect prior to 4-1-80. 3. Battered Non-Citizen: A non-citizen who was subject to battery or extreme cruelty in the United States by a family member (i.e., spouse, parent or member of the spouse’s or parent’s family) the person previously lived with. This status is granted to a : a) Person if their child was abused, or b) Child whose parent was abused. 4. Cuban or Haitian Entrant: A non-citizen from Cuba or Haiti who entered under section 501(e) of the Refugee Education Assistance Act of 1980. 5. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) also considers trafficking victims (as defined above) as qualified non- citizens. Source: 7 CFR §273.4(a); P.L. 111-118 §8120; 8 U.S.C. §1641 Revised: December 2025

(part-14)(9.3)9.3 Qualified Non-Citizens Not Subject to the Five-Year Waiting Period.#

A qualified non-citizen is eligible to receive SNAP and is not subject to the requirements to be in qualified status for five (5) years (and thus eligible regardless of their date of entry) if one of the following criteria apply: A. 18 or older (LPRs) under the INA who has 40 qualifying quarters as determined by Title II of the Social Security Act. 1. A qualifying quarter of earned income is defined as the amount of earnings received by the individual or credit from his or her spouse (as long as the couple is still married, or the spouse is deceased) or credit from parents (before the non-citizen became 18 including before the child was born or adopted); 2. If eligibility is determined based on the quarters of coverage by a spouse and then the couple divorces, the non-citizen’s eligibility continues until the next recertification; 3. If any Federal means-tested public benefits (including SNAP benefits) were received in any quarter after 12-31-96, then that quarter is not creditable towards the 40-quarter total. B. Cuban/Haitian; C. Amerasian: An Amerasian who entered under Section 584 of Foreign Operations, Export Financing and Related Program Appropriations Act, Public Law 100-202, as amended by Public Law 100-461; D. Military Non-Citizens 1. A veteran who was honorably discharged for reason other than non-citizen status; 2. On active duty (other than for training); or 3. Spouse and unmarried dependent children (under 18, a full-time student under 22, unmarried disabled child 18 or older if child was disabled and dependent prior to the child’s 18th birthday( of a person described above); E. Blind or Disabled (LPR) F. Person who was lawfully living in the U.S. on August 22, 1996 and who was born on or before August 22, 1931; G. Qualified non-citizen children under 18 years of age; H. Certain American Indians (LPR) I. Certain Hmong or Highland Laotian Tribal Members (LPR) Source: 7 CFR §273.4(a)(6)(ii); P. L. 111-118 §8120 Revised: December 2025

(part-14)(10.4)10.4 Eligible Student Exemptions.#

A student must meet at least one of the following student exemptions to be eligible for SNAP: A. Age (age 17 or younger or age 50 or older); B. Caring for a Dependent Child 1. Responsible for the care of a dependent household member under the age of 6; 2. Responsible for the care of a dependent household member at least age 6, but under age 12 if the student does not have adequate childcare to attend class and comply with work requirements; or 3. Full-time student who is a single parent responsible for the care of a dependent child under the age of 12. a) This applies only where one natural, adoptive or stepparent is living with the child in the same SNAP household. b) It could also apply where a full-time student with parental control over the child is living in the same SNAP household as long as the adult is not residing with a spouse. C. Employment 1. The student must be paid for working at least an average of 20 hours a week over the course of a month; 2. If self-employed, be employed at least 20 hours a week and earning at least equal to the Federal minimum wage multiplied by 20 hours a week; or 3. Hours accrued during academic breaks less than or equal to one month will be excluded from the calculation. D. Physically or Mentally Unfit (students must meet the work registration definition of physically or mentally unfit) E. TANF Recipient (student receives TANF benefits) F. Training: The student is assigned or placed in school through or complying with: 1. Workforce Innovation and Opportunity Act (WIOA); 2. A program under Section 236 of the Trade Act of 1974, which includes Trade Adjustment Assistance (TAA) and Trade Readjustment Allowances (TRA); 3. A program under the Job Training Partnership Act of 1974 (29 U.S.C. 1501, et seq.) 4. An employment and training program under 7 CFR § 273.7; a) Enrollment in a career and/or technical education course as defined in the Carl D. Perkins Career and Technical Education Act of 2006 in or through a community college; 5. Participates in the TANF Work Program (TWP); or 6. An on-the job-training program where the employer pays wages to the student for the training. G. Work Study: Participating in a state or federally funded work study program. 1. The student must: a) Be approved for work study at the time of application; b) Be approved for work study for the school term; and c) Anticipate actually working during that time. 2. Exemption Period: a) The exemption will start the month the school term begins or the month the work study is approved, whichever is later. b) Once allowed, the exemption continues until the end of the month in which the school term ends, or it is reported the student refuses a work study assignment; or c) The exemption will not continue when there is a break between terms of a full month or longer unless the student participates in work study during the break. Source: 7 CFR §273.5(b) Revised: November 2024

(part-14)(11.2)11.2 MDHS Responsibilities.#

A. MDHS must register all non-exempt household members for work. 1. Applicants must be allowed to complete a work registration form for each household member required to register for employment. 2. MDHS may also document in the case record that all applicable household members have registered for employment. B. During the certification process, MDHS must provide a written notice and an oral explanation of the applicable work requirements for all household members and identify which requirements apply to the respective/appropriate household members. C. Such notice and explanation must also be provided when an exempt household member or a new household member becomes subject to the work requirements, and at recertification. D. The notice must include the following: 1. An explanation of each work requirement; 2. A list of the individuals who are subject to which work requirements; 3. The exemptions to the work requirements; 4. The steps to request an exemption; 5. The rights and responsibilities of each work requirement; 6. The requirements to maintain eligibility under the applicable work requirements; 7. What actions are needed to remain in compliance; 8. The consequences for failing to comply; and 9. The steps to initiate a good cause request. E. If a person is subject to a mandatory E&T program, the notice must explain the right to receive reimbursements for allowable expenses related to E&T participation up to the state cap. F. If a person is subject to a mandatory E&T program, MDHS must exempt such participation when an individual’s allowable expenses exceed what MDHS will reimburse. G. MDHS is responsible for screening every work registrant to determine whether the individual should be referred to an E&T program. H. E&T participants must receive both case management services and at least one E&T component while participating in E&T. I. MDHS must determine the order in which a participant will receive the elements of an E&T program. J. MDHS must explain to participants the next steps for accessing the E&T program. If there is not an appropriate and available opening in an E&T program, MDHS must determine the participant has good cause for failure to comply with the mandatory E&T requirement. K. MDHS may, with approval by FNS, use intake and sanction systems that are compatible with the TANF Work Program. It must be proposed and explained in the State E&T Plan. L. A notice of adverse action must be issued within 10 days after learning of the individual’s noncompliance was without good cause. See Rule 12.6 Ineligibility for Failure to Comply. 1. If an individual complies prior to the end of the advance notice period, MDHS must cancel the adverse action. 2. If MDHS must issue the notice of adverse action when non-compliance with the E&T program is identified. M. MDHS must design and operate an E&T program that consists of case management services and at least one or more, or a combination of, employment and/or training components. N. MDHS must design its E&T program in consultation with the State workforce development board. Moreover, each component of the E&T program must be delivered through its statewide workforce development system, unless the component is not available locally through that system. O. MDHS must ensure as much as possible that E&T programs are provided for Indians living on reservations. P. If a benefit overissuance is discovered for a month(s) that a mandatory E&T participant has already fulfilled a work component requirement, MDHS must apply the claim recovery procedures as listed below: 1. If an individual is still subject to a work obligation, MDHS must determine how many extra hours were worked because of the improper benefit and give the participant credit for those extra hours toward future work obligations. 2. If the workfare or work component requirement does not continue, then MDHS must determine whether the overissuance occurred due to an intentional program violation, an inadvertent household error or an agency error. Q. MDHS must conduct an effective and efficient E&T program or face possible injunctive relief and/or suspension of administrative funds. R. MDHS must ensure that E&T providers understand their duty to determine if an individual is ill suited for a particular E&T component. See Rule 14.14 E&T Provider Determinations. S. MDHS must annually submit an E&T Plan to its appropriate FNS Regional Office no later than 45 days before the start of the Federal fiscal year. T. MDHS must submit required reports regarding work requirements to FNS. Source: 7 CFR §272.2(d)-(e); 7 CFR §273.7(c) and (m)(6)(v); 7 CFR §276.1 Revised: March 2022

(part-14)(12.4)12.4 Exemptions to General Work Requirements.#

Only the following individuals are exempt from the general work requirements: A. An individual younger than 16 years of age or an individual 60 years of age or older. 1. A person 16 to 17 will also be exempt if he or she is: a) Not the head of household; b) Attending school; or c) Enrolled in a SNAP E&T program on at least a half-time basis. 2. If an individual’s 16th birthday falls within a certification period, then that individual must fulfill the work registration requirement as part of the next scheduled recertification process unless the individual qualifies for another exemption. 3. Individuals aged 60 or older remain exempt from the general work requirements, and are prohibited from being required to participate in mandatory E&T. B. An individual mentally or physically unfit for employment. 1. MDHS will determine such physical and mental fitness. 2. Such determination must be comparable with the TWP. C. An individual subject to and complying with any work requirements under Title IV of the Social Security Act, including the TWP. D. A parent or other household member who is responsible for the care of a dependent child under 6 years old or an incapacitated person. If the child has his or her 6th birthday within a certification period, then the parent or other household member responsible for the care of such child must fulfill the work registration requirement as part of the next scheduled recertification process unless the individual qualifies for another exemption. E. A regular participant in a drug or alcoholic treatment and rehabilitation center. F. A person receiving unemployment compensation. 1. A person who has applied for, but not received, unemployment compensation is also exempt if such person is complying with the work requirements that are part of the Federal-State unemployment compensation application process. 2. If the exemption is questionable, MDHS will be responsible for verifying the exemption. G. A person who is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours. This includes migrant and seasonal farm workers who are under a contract to begin work within 30 days. H. A student enrolled at least half-time in any recognized school, training program or institution of higher education. 1. The exemption will remain as long as the student is enrolled as defined in Rule 10.3 Enrollment Status. 2. The student will remain exempt during normal class attendance and during vacations and recesses. 3. If the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer), MDHS must register the individual for work requirements unless the individual qualifies for another exemption. Source: 7 CFR §273.7(b) Revised: December 2025

(part-14)(12.11)12.11 Suitable Employment.#

A. Employment will be considered suitable unless: 1. The wage offered is less than the highest of the applicable Federal minimum wage, the applicable State minimum wage or 80% of the Federal minimum wage if neither the Federal nor the State minimum wage is applicable. 2. The employment is offered on a piece-rate basis (the worker is paid a fixed piece rate for each item produced regardless of the time involved) and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages as specified above. 3. The household member, as a condition of employment or continuing employment, must join, resign from or refrain from joining any legitimate labor organization. 4. The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under the Taft-Hartley Act or unless an injunction has been issued under section 10 of the Railway Labor Act. B. All other employment will be considered suitable unless the household member involved can demonstrate that: 1. The risk to health and safety is unreasonable; 2. The member is physically or mentally unfit to perform the employment as documented by medical evidence or reliable information from other sources; 3. The employment offered within the first 30 days of registration is not in the member’s major field of experience; 4. The distance from the member’s home to the place of employment is unreasonable considering the expected wage and time and cost of commuting; or a) If daily commuting time exceeds 2 hours per day, not including transporting a child to and from a childcare facility, then it will be considered unsuitable. b) If the distance to the place of employment prevents walking and there is no public or private transportation available to transport the individual to the jobsite, then it will also be considered unsuitable. 5. The working hours or nature of employment interferes with the member’s religious observance, convictions or beliefs. Source: 7 CFR §273.7(h) Revised: March 2022

(part-14)(12.12)12.12 Good Cause.#

A. MDHS is responsible for determining good cause when a SNAP recipient fails or refuses to comply with a SNAP work requirement. B. MDHS must consider the individual member’s facts and circumstances as well as information from the employer when making a good cause determination. C. 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 member’s presence; 3. A household emergency; 4. Transportation is unavailable; or 5. The lack of adequate childcare for children age six, but under age 12. D. Good cause for leaving employment includes: 1. Resigning from unsuitable employment as described in Rule 12.11 Suitable Employment; 2. Employer discrimination based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs; 3. Working without getting paid on schedule; 4. Acceptance of employment or enrollment by the individual in any recognized school, training program or institution of higher education on at least a half time basis that requires the individual to leave employment; 5. Resignation by individuals under the age of 60 recognized by the employer as retirement; 6. Enrollment by the individual of at least half-time in any recognized school, training program or institution of higher education in another county that requires the household to move and therefore requires the individual to leave employment; 7. Leaving one job to take another job involving at least 30 hours a week or weekly earnings equivalent to 30 hours a week at federal minimum wage; or 8. Leaving a job based on patterns of work, meaning workers frequently move from one employer to another, such as migrant farm labor or construction work. E. If there is not an appropriate and available opening in an E&T program, MDHS must determine that the participant has good cause for failure to comply with the mandatory E&T requirement. F. Good cause for circumstances where there is not an appropriate or available opening within the E&T program only applies to the requirement to participate in E&T and does not provide good cause to ABAWDs who fail to fulfill the ABAWD work requirement. G. MDHS must request verification of household statements regarding good cause that are questionable. The household is primarily responsible for providing such verification. Source: 7 CFR §273.7(c)(2); 7 CFR §273.7(i) Revised: March 2022

(part-14)(12.13)12.13 Voluntary Quit and Reduction of Work Effort.#

A. An individual is ineligible to participate in SNAP if the individual within 60 days prior to the date of application either: 1. Voluntarily and without good cause quits a job of 30 hours a week or more; or 2. Reduces his or her work effort voluntarily and without good cause and, after the reduction, is working less than 30 hours per week. B. MDHS must determine whether a voluntary quit or reduction in hours occurred without good cause when a household files an application or when a household reports a loss of a source of income or a reduction in household earnings. C. Changes in employment status that result from involuntarily reducing hours of employment while working for the same employer, terminating a self-employment enterprise, or resigning from a job at the demand of an employer will not be considered a voluntary quit. D. An employee of the Federal, State or local government who is dismissed from that job because of engaging in a strike against the government will be considered to have voluntarily quit his or her job without good cause. E. If an individual quits a job, secures new employment at comparable wages or hours and then is laid off or, through no fault of his or her own, loses the new job, the earlier quit will not be considered as a basis for disqualification. F. If the individual reduces his or her work hours to less than 30 a week but continues to earn weekly wages that exceed the Federal minimum wage multiplied by 30 hours, then that individual will remain exempt from SNAP work requirements. G. If the voluntarily quit or reduction in work effort is without good cause, the individual will be disqualified. H. MDHS must provide the disqualified individual with a notice of adverse action within 10 days of the voluntary quit or reduction in work effort determination. See Rule 12.6 Ineligibility for Failure to Comply and Rule 11.2 MDHS Responsibilities. I. The notice of adverse action must contain the particular act of noncompliance committed, the proposed period of ineligibility, and the actions that must be taken to avoid the disqualification. It must also specify that the disqualified individual, if otherwise eligible, may resume participation at the end of the disqualification period if MDHS determines the individual to be in compliance with SNAP work requirements. J. If the disqualified individual is the head of household, MDHS will also disqualify the entire household and provide the household with a notice of denial. K. Each individual has a right to a fair hearing to appeal a denial or termination of benefits due to a determination that the individual voluntarily quit his or her job or reduced his or her work effort without good cause. MDHS provides SNAP applicants and/or recipients an opportunity to appeal adverse administrative decisions and provide supporting documentation challenging the adverse or noncompliant action. Please refer to Title 18 of the Administrative Code, Part 23, Programmatic Administrative Agency Appeal Hearing Policy, Chapter 3. Source: 7 CFR §273.7(j) Revised: March 2022

(part-14)(12.15)12.15 Optional Workfare Program.#

A. In workfare, nonexempt SNAP recipients may be required to perform work in a public service capacity as a condition of eligibility to receive normal benefit allotments. B. The goal of workfare is to improve employability and move individuals into regular employment. C. A SNAP workfare program may be operated as an E&T component, or it may be operated independently. D. If the workfare program is part of an E&T program, it must be included in the E&T State Plan. If it is not part of an E&T program, then MDHS must submit an Optional Workfare Plan. E. MDHS may implement a workfare program statewide or in only some areas of the state as detailed in its E&T plan. F. Workfare plans must be approved by FNS and any changes to the plan must be submitted to FNS through amendments. G. MDHS is responsible for monitoring the agency’s compliance with its workfare plan. H. The operating agency as detailed in the workfare plan is responsible for: 1. Establishing and monitoring job sites; 2. Interviewing and assessing eligible recipients; 3. Assigning eligible recipients to the job sites; 4. Monitoring participant compliance; and 5. Making initial determinations of good cause for household noncompliance. I. SNAP recipients must only be subject to one SNAP workfare program. J. Workfare job sites may only be located in public or private nonprofit agencies. K. The operating agency must notify MDHS of noncompliance without good cause by an individual with a workfare obligation within 5 days of the determination so MDHS can make the final determination. L. MDHS must notify operating agencies of workfare eligible households. The notice must include the following: 1. Case name; 2. Case number; 3. Names of workfare eligible household members; 4. Address of the household; 5. Certification period; and 6. Indication of any part-time work. 7. The hours of obligation if MDHS is calculating those hours or if the operating agency is calculating the hours to be worked, include the monthly allotment amount. M. Recipients exempt from SNAP work requirements due to complying with the TWP are subject to workfare if he or she is currently involved less than 20 hours a week in TANF work activities. N. Recipients exempt from SNAP work requirements due to receiving or applying for unemployment compensation are subject to workfare. 1. If such workfare recipient is unable to report for job scheduling, appear for scheduled workfare employment or complete the entire workfare obligation due to compliance with unemployment compensation, that inability will not be considered as refusal to accept workfare employment. 2. If the workfare participant informs the agency of a time conflict, then the operating agency must reschedule the missed activity if possible. However, if it cannot be completed before the end of the month, that must not be considered as a reason for disqualification. O. The maximum total of monthly hours of work required of a household is determined by dividing the household’s benefit allotment by the Federal or State minimum wage, whichever is higher. P. A participant may be required to work a maximum of 30 hours per week. Q. Workfare participants similarly employed with non-workfare employees must experience the same working conditions. R. Workfare jobs must not be related to any political activities. S. The operating agency can establish a job search period up to 30 days following certification prior to making a workfare assignment where potential participants are expected to look for a job. T. The operating agency must reimburse participants for transportation and other costs that are reasonably necessary and related to participation in the program. Source: 7 CFR §273.7(m) Revised: March 2022

(part-14)(14.2)14.2 Exemptions from E&T Work Requirements.#

The following persons are exempt from SNAP work requirements: A. A person younger than 16 years of age or a person 60 years of age or older. A person age 16 or 17 who is not the head of a household or who is attending school, or is enrolled in an employment training program, on at least a half-time basis, is also exempt. If the person turns 16 (or 18 under the preceding sentence) during a certification period, the agency must register the person as part of the next scheduled recertification process, unless the person qualifies for another exemption. Persons aged 60 or older remain exempt from the general work requirements, and are prohibited from being required to participate in mandatory E&T. B. A person physically or mentally unfit for employment. If a mental or physical unfitness is claimed and the unfitness is not evident, verification will be required. Receipt of disability benefits generally is sufficient evidence of the disability; however, if the payment is issued for a partial or marginal disability, as is sometimes the case with VA benefits, for example, it may mean that the participant would not be suitable for certain types of jobs. C. A person subject to and complying with any work requirement under title IV of the Social Security Act. If the exemption claimed is questionable, the agency is responsible for verifying the exemption. D. A parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person. If the child has his or her 6th birthday during a certification period, the agency must work register the individual responsible for the care of the child as part of the next scheduled recertification process, unless the individual qualifies for another exemption. E. A person receiving unemployment compensation. A person who has applied for, but is not yet receiving, unemployment compensation is also exempt if that person is complying with work requirements that are part of the Federal-State unemployment compensation application process. If the exemption claimed is questionable, the agency is responsible for verifying the exemption with the appropriate Employment Security agency. F. A regular participant in a drug addiction or alcoholic treatment and rehabilitation program. G. An employed or self-employed person working a minimum of 30 hours weekly or earning weekly wages at least equal to the Federal minimum wage multiplied by 30 hours. This includes migrant and seasonal farm workers under contract or similar agreement with an employer or crew chief to begin employment within 30 days, whereby working 30 hours per week or which produces earnings equivalent to the Federal minimum wage multiplied by 30 hours. There may be instances when an individual’s hours fluctuate so that, although that individual does work an average of 30 hours per week, he/she may not work 30 hours each and every week. The agency may obtain an average of hours worked over a period of time not to exceed either the length of the certification period or the 12-month work registration period, in order to determine if a household member qualifies for this exemption. An employed or self-employed person who voluntarily and without good cause reduces his or her work effort and, after the reduction, is working less than 30 hours per week, is ineligible to participate in SNAP. H. A student enrolled at least half-time in any recognized school, training program, or institution of higher education. Students enrolled at least half-time in an institution of higher education must meet the student eligibility requirements. A student will remain exempt during normal periods of class attendance, vacation, and recess. If the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer), the agency must work register the individual, unless the individual qualifies for another exemption. Source: 7 CFR §273.7(b)(1) Revised: March 2022

(part-14)(14.3)14.3 Agency Responsibility.#

The agency must register for work each household member not exempted. Household members are considered to have registered when the SNAP application is submitted to the agency. A. During the certification process, the agency must provide a written notice and oral explanation to the household of all applicable work requirements for all members of the household and identify which household member is subject to work requirements. These work requirements include the general work requirement, mandatory E&T, and the ABAWD work requirement. This written notice and oral explanation must be provided to the household when a previously exempt household member or new household member becomes subject to the work requirements, and at recertification. B. The consolidated written notice must include all pertinent information related to each of the applicable work requirements, including: 1. An explanation of the work requirement; 2. Exemptions from the work requirement; 3. Identify which individuals are subject to which work requirement; 4. An explanation of the process to request an exemption (including contact information to request an exemption); 5. The rights and responsibilities of each applicable work requirement; 6. What is required to maintain eligibility under the work requirement; 7. Pertinent dates by which an individual must take any actions to remain in compliance with the work requirement; 8. The consequences for failure to comply with the work requirement; 9. An explanation of the process for requesting good cause (including examples of good cause circumstances and contact information to initiate a good cause request); and 10. Any other information the agency believes would assist the household members with compliance. C. If an individual is subject to mandatory E&T, the written notice must also explain the individual's right to receive: 1. Participant reimbursements for allowable expenses related to participation in E&T, and 2. The responsibility of the agency to exempt the individual from the requirement to participate in E&T if the individual's allowable expenses exceed what the agency will reimburse. D. The agency is responsible for screening each work registrant to determine whether or not it is appropriate, to refer the individual to an E&T program. The agency must refer participants to E&T, but in all cases E&T participants must receive both: 1. Case management services, and 2. At least one E&T component while participating in E&T. E. After learning of an individual's non-compliance with SNAP work requirements, the agency must issue a notice of adverse action to the individual, or to the household if appropriate, within 10 days of establishing that the noncompliance was without good cause. F. Mandatory E&T participants who have received a provider determination (see paragraph 273.7 (c)(18)(i)) shall not be subject to disqualification for refusal without good cause to participate in a mandatory E&T program until after the agency has taken one of the four actions listed later in this chapter under Provider Determination (see paragraph 273.7 (c)(18)(i)), and the individual subsequently refuses to participate without good cause. Source: 7 CFR §273.7(c)(1) Revised: March 2022

(part-14)(14.4)14.4 Employment and Training Programs.#

A. Work registrants not otherwise exempted are subject to the E&T program participation requirements. Such individuals are referred to as E&T mandatory participants or mandatory E&T participants. Individuals are considered to be meeting the ABAWD work requirement if he or she is working 80 hours per month or an average of 20 hours per week. Individuals working less than the required number of hours must be referred to E&T and have their work hours coupled with another qualifying activity in order to meet the work requirement. Failure to comply without good cause with the requirements will result in disqualification. Mandatory E&T participants who receive an E&T provider determination shall not be subject to disqualification for refusal without good cause to participate in mandatory E&T. B. An assessment must be completed to capture an individual’s educational background, current/past employment history, employment skills, level of work readiness and intermediate goals needed to achieve long-term employment. The assessment may uncover circumstances that would make an individual exempt from a work requirement or provide good cause for non-compliance. C. Case Management. 1. The E&T program must provide case management services such as: a) Comprehensive intake assessments, b) Individualized service plans, c) Progress monitoring, and/or d) Coordination with service providers which are provided to all E&T participants. 2. The purpose of case management services shall be to: a) Guide the participant towards appropriate E&T components and activities based on the participant's needs and interests, b) Support the participant in the E&T program, and c) To provide activities and resources that help the participant achieve program goals. 3. Case management services and activities must directly support an individual's participation in the E&T program. 4. The frequency and most efficient delivery of case management services is determined by the need of the participant. 5. Case management may include referrals to activities and supports outside of the E&T program, but the agency can only use E&T funds for allowable components, activities, and participant reimbursements. 6. The provision of case management services must not be an impediment to the participant's successful participation in E&T. 7. In addition, the agency may determine a mandatory E&T participant may meet an exemption from the requirement to participate in an E&T program, may have good cause for non-compliance with a work requirement, or both. 8. If the agency is unable to identify an appropriate and available opening in an E&T component for a mandatory E&T participant, the agency must enter an exemption. D. Components. Allowable Employment and Training Activities in which an individual referred to E&T will be required to participate in are: 1. Workfare 2. Comparable Workfare 3. Education 4. Work 5. Job Retention 6. Job Search Training Source: 7 CFR §273.7(e) Revised: July 2023

(part-14)(14.13)14.13 Good Cause.#

A. The agency is responsible for determining good cause when a SNAP recipient fails or refuses to comply with SNAP work requirements. The agency must consider the facts and circumstances, including information submitted by the employer, by the household member involved and by the provider in determining whether good cause exists. Good cause includes circumstances beyond the member'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, 4. The unavailability of transportation, or 5. The lack of adequate childcare for children who have reached age six but are under age 12. B. Good cause for leaving employment also includes: 1. Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs; 2. Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule; 3. Acceptance of employment by the individual, or enrollment by the individual in any recognized school, training program or institution of higher education on at least a half time basis, which requires the individual to leave employment; 4. Acceptance by any other household member of employment or enrollment at least half-time in any recognized school, training program or institution of higher education in another county or similar political subdivision that requires the household to move and thereby requires the individual to leave employment; 5. Resignations by persons under the age of 60 which are recognized by the employer as retirement; 6. Employment that becomes unsuitable after the acceptance of such employment. Employment will be considered suitable unless: a) The wage offered is less than the highest of the applicable Federal or State minimum wage; b) The employment offered is on a piece-rate basis and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages; c) The household member, as a condition of employment or continuing employment, is required to join, resign from or refrain from joining any legitimate labor organization; d) The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under section 208 of the Labor- Management Relations Act (Taft-Hartley Act), or unless an injunction has been issued under section 10 of the Railway Labor Act; or e) It fails to meet additional suitable criteria established by the agency. 7. Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by 30 hours that, because of circumstances beyond the individual's control, subsequently either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the Federal minimum wage multiplied by 30 hours; and 8. Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for SNAP benefits between jobs particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment must be considered as with good cause if it is part of the pattern of that type of employment. C. Good cause includes circumstances where the agency determines that there is not an appropriate and available opening within the E&T program to accommodate the mandatory participant. Good cause for circumstances where there is not an appropriate or available opening within the E&T program shall extend until the agency identifies an appropriate and available E&T opening, and the agency informs the SNAP participant. In addition, good cause for circumstances where there is not an appropriate and available opening within the E&T program shall only apply to the requirement to participate in E&T and shall not provide good cause to ABAWDs who fail to fulfill the ABAWD work requirement. D. To the extent that the information given by the household is questionable, the agency must request verification of the household's statements. The primary responsibility for providing verification rests with the household. Source: 7 CFR §273.7(i) Revised: March 2022

(part-14)(16.4)16.4 Excluded Resources.#

Exclude the following list of resources when determining eligibility for SNAP: A. Home and surrounding property (including barns, garages, sheds, workshops and other outbuildings) that is not separated by intervening property owned by others; 1. Public rights of ways will not affect the exemption status of the property. 2. Exemption status will remain when the home and surrounding property is temporarily unoccupied for reasons of employment, training for future employment, illness or uninhabitable due to a natural disaster or other casualty, if the household intends to return. 3. Property owners or those purchasing a lot to build or who are building a permanent home will receive an exemption for the value of the lot and, if it is partially completed, for the home. B. Household goods and personal effects; C. One burial plot per household member; D. Value of one pre-paid funeral agreement per household member; E. Cash value of life insurance policies; F. Cash value of pension plans or funds; G. The following retirement accounts: 1. Authorized under section 401 including 401(k) plans, 401(a), 403(a) and (b), 408 including traditional IRAs, 408A including Roth IRAs, 457(b) including eligible deferred compensation plans, 501(c)(18), 529A and 7701(j) of the Internal Revenue Code of 1986; 2. Any other retirement plan designated as tax-exempt under a provision of the Internal Revenue Code of 1986. H. Most vehicles; 1. Licensed or unlicensed vehicles used for regular, on-road transportation such as: a) Cars; b) Trucks; c) Vans; or d) Motorcycles. 2. Any vehicles used as the household’s home; 3. Exception: Recreational vehicles (unless used as the family home), all-terrain vehicles (ATVs) and other off-road and industrial vehicles which are not income producing are included in the resource determination. I. Property which annually produces income consistent with its fair market value even if only used on a seasonal basis. Such property includes rental and vacation homes; J. Property used which is essential to employment and self-employment of a household member. Farm property used by a self-employed household member engaged in farming, but is no longer being used due to termination from self-employment, will continue to be excluded as a resource for one (1) year from the date such household member terminated his or her self-employment farming; K. Installment contracts for the sale of land or buildings if the contract is producing income consistent with its fair market value; L. Any governmental payments which are designated for the restoration of a home damaged in a disaster provided the household is subject to a legal sanction if the funds are not used as intended; M. Resources having a cash value which is not accessible to the household such as irrevocable trust funds, security deposits on rental property or utilities, property in probate, and real property that the household is making an effort to sell at a reasonable price but has not been sold; N. Resources which have been prorated as income for self-employed persons or students; O. Indian lands jointly held with the Tribe or land that can only be sold with the approval of the Bureau of Indian Affairs; P. Resources which are excluded for SNAP purposes by express provision of Federal statute; 1. The value of assistance to children under the Richard B. Russell National School Lunch Act according to P.L. 79-396, §12(e) and the Child Nutrition Act of 1966 according to P.L. 89-642, §11(b); 2. Federal major disaster and emergency assistance payments and comparable disaster assistance provided by Mississippi such as Disaster Unemployment Assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act according to P.L. 93-288, §312(d); 3. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, §216); 4. National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968 (P.L. 90-448, §1324); 5. Payments to volunteers under the Domestic Volunteer Service Act of 1973, according to P.L. 93-113, §404(f). Payments under that Act include VISTA, University Year for Action, Urban Crime Prevention Program, Retired Senior Volunteer Program (RSVP), Foster Grandparents Program and Senior Companion Program; 6. The amount of any home energy assistance payments or allowance provided to, or indirectly on behalf of a household under the Low-Income Home Energy Assistance Act; 7. Payments received from the Youth Incentive Entitlement Pilot Projects, the Youth Community Conservation and Improvement Projects, and the Youth Employment and Training Programs under Title IV of the Comprehensive Employment and Training Act of 1978 (P.L. 95-524); 8. Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203); 9. Funds distributed per capita to the Sac and Fox Indians according to P.L. 94-189; 10. Per capita payments under the Indian Tribal Judgment Funds Use or Distribution Act of $2000 or less pursuant to P.L. 93-134 and P.L. 98-64. This exemption applies to each payment made to each individual; 11. Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540); 12. Income derived from certain submarginal land of the United States which is held in trust for certain Indian tribes (P.L. 94-114; §6); 13. Payments of relocation assistance to members of the Navajo and Hopi Tribes under P. L. 93-531; 14. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (P.L. 95-433); 15. Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420, §5); 16. Funds paid under Indian Claims: Distribution of Funds to Seminole Indians (P.L. 101-277, §8(b)) are excluded except for per capita payments in excess of $2000; 17. Funds paid to heirs of deceased Indians under the Old Age Assistance Claims Settlement Act except for per capita shares in excess of $2000 according to P.L. 98-500, §8; 18. Payments to the Seneca Nation according to P.L. 101-503; 19. Payments to Confederated Tribes of Colville Reservations per P.L. 103-436; 20. Payments to the Turtle Mountain Band of Chippewas, Arizona, pursuant to P.L. 97- 403; 21. Payments to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the Papago tribes (Arizona) as designated under P.L. 97-408; 22. Per capita and interest payments made to the Red Lake Band of Chippewas pursuant to P.L. 98-123; 23. Per capita and interest payments made to the Assiniboine Tribe of the Fort Belknap Indian Community and Fort Peck Indian Reservation (Montana) pursuant to P.L. 98-124; 24. Payments to the Saginaw Chippewa Indian Tribe of Michigan according to P.L. 99- 346, §6(b) and per capita funds according to P.L. 99-146 §6(b); 25. Funds to the Puyallup Tribe of Indians Settlement Act per P.L. 101-41; 26. Per capita payments to the Chippewas of the Mississippi pursuant to P.L. 99-377; 27. Income received by individuals age 55 and older under the Title V of the Older Americans Act according to P.L. 100-175, §509; 28. Grants paid under the Civil Liberties Act of 1988 (P.L. 100-383) to certain U.S. citizens of Japanese ancestry and permanent resident Japanese non-citizens or their survivors; 29. Payments made to children of Vietnam veterans who were born with spina bifida and certain other birth defects (P.L. 104-204); 30. All payments received under the Agent Orange Settlement Fund, or any other fund established pursuant to the settlement in the Agent Orange product liability litigation (P.L. 101-201 and P.L. 101-239, §10405); 31. Payments made under the Radiation Exposure Compensation Act (P.L. 101-426); 32. Payments made to individuals because of their status as victims of Nazi persecution (P.L. 103-286); 33. Compensation paid to crime victims under the Crime Act of 1984 (amended by P.L. 103-322); 34. Exclude an Achieving a Better Life Experience (ABLE) account under P.L. 113- 295, §103. Note: ABLE account funds exceeding $100,000 are considered a resource. Q. Earned income tax credits as follows: 1. 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 his/her spouse. 2. Any federal, state or local earned income tax credit received by any household member will be excluded for 12 months provided the household was participating in SNAP at the time of receipt and the household participated continuously during that 12-month period. Note: Breaks in participation of one month or less due to administrative reasons, such as delayed recertification or late monthly reports will not be considered as non-participation in determining the 12-month exclusion. R. Energy assistance payments or allowances excluded as income; S. Non-liquid asset(s) against which a lien has been placed as a result of a business loan and the household is prohibited from selling the asset(s) per the agreement; T. Real or personal property that is used in the maintenance or use of an excluded vehicle; U. Resources that cannot be sold for a significant return; V. Resources of a household member who receives SSI or TANF; W. Education savings plans such as: 1. Qualified tuition programs defined by section 529 of the Internal Revenue Code of 1986. 2. Coverdell education saving accounts defined by section 530 of the Internal Revenue Code of 1986. 3. Other education savings accounts deemed appropriate for exclusion by FNS. Source: 7 CFR §273.8(e) Revised: March 2022

(part-14)(16.7)16.7 Transfer of Resources.#

A. Households will be asked to provide information regarding whether any resources have been transferred within a 3-month period immediately prior to the date of application. B. Households that knowingly transfer resources for the purpose of qualifying or attempting to qualify for SNAP benefits will be disqualified from participation for up to one (1) year from the date of the discovery of the transfer. C. This disqualification period will be applicable if the resources are transferred knowingly in the 3-month period prior to the application or if they were knowingly transferred after the household has been determined eligible for SNAP benefits. D. Allowable Transfers: The following are allowable transfer of resources which will not affect SNAP eligibility: 1. Resources of excluded personal property such or furniture or money that is less than the allowable resource limit; 2. Resources sold or traded at or near fair market value; 3. Resources which are transferred between members of the same household; and 4. Resources that are transferred for reasons other than qualifying or attempt to qualify for SNAP benefits such as placing funds into an educational trust fund. E. Notice of Denial: If MDHS determines that a household knowingly transferred resources for the purposes of qualifying or attempting to qualify for SNAP, the household will be sent a denial notice that explains the reason and length of the disqualification. A notice of adverse action will be sent if the household is participating in SNAP at the time of discovery. F. Effective Date of Disqualification: The disqualification period will begin in the month of the application. However, for those participating, the disqualification period will be effective with the first issued allotment after the notice of adverse action time period has expired unless the household has requested a fair hearing with continued benefits. MDHS provides SNAP applicants and/or recipients an opportunity to appeal adverse administrative decisions and provide supporting documentation challenging the adverse or noncompliant action. Please refer to Title 18 of the Administrative Code, Part 23, Programmatic Administrative Agency Appeal Hearing Policy, Chapter 3. G. Disqualification Period: The length of the disqualification is based on the amount that the nonexempt transferred resources, when added with other countable resources, exceeds the allowed resource limit. The following penalties apply: 1. One month of disqualification for $0 to $249.99 in excess of the resource limit; 2. Three months of disqualification for $250 to $999.00 in excess of the resource limit; 3. Six months of disqualification for $1,000 to $2999.99 in excess of the resource limit; 4. Nine months of disqualification for $3000 to $4,999.99.00 in excess of the resource limit and 5. Twelve months of disqualification for $5,000 or more in excess of the resource limit. Source: 7 CFR §273.8(h) Revised: March 2022

(part-14)(17.4)17.4 Earned Income.#

Earned income includes the following: A. All salaries and wages from an employee; B. Gross income from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business; 1. Exception: The costs of doing business are excluded. 2. Ownership of rental property is considered a self-employment enterprise. Income from a rental property is only considered earned income if a household member is actively engaged in the management of such property for an average of at least 20 hours per week. 3. Payments from a roomer or boarder (except foster care boarders) are considered a self-employment enterprise regardless of the number of hours spent weekly in providing the service. C. Training allowances from vocational and rehabilitative programs recognized by Federal, state, and local governments, such as the work incentive program, to the extent they are not a reimbursement; D. Payments under Title I (VISTA, University Year for Action, etc.) of the Domestic Volunteer Service Act of 1973; 1. Exception: Payments made to volunteers will be excluded for those persons receiving public assistance or SNAP at the time he or she joined the Title Iprogram. 2. New applicants who were not receiving public assistance or SNAP at the time he or she joined VISTA will have these volunteer payments included as earned income. E. Earnings to persons participating in on-the-job training programs paid under Title I of the Workforce Innovation and Opportunity Act (WIOA) of 2014 and monies paid by the employer. Exception: This does not apply to household members under 19 years of age who are under the parental control of another adult member, regardless of school attendance and/or enrollment; F. Educational assistance that has a work requirement in excess of the amount excluded in Rule 17.8 Excluded Income. Exception: Earned income from work study programs funded under section 20 U.S.C. 1087uu of the Higher Education Act is excluded; G. Jury duty income unless the jury pay does not exceed $30.00 in a quarter and cannot be reasonably anticipated as described in Rule 17.8 Excluded Income; H. Income received from the selling of blood or blood plasma; I. Military pay and allowances; 1. Basic pay, with the exception of combat pay as described in Rule 17.8 Excluded Income. 2. Basic Allowances for Quarters (BAQ) and Basic Allowance for Subsistence (BAS). 3. Note: The mandatary salary reduction amount for military service personnel, which is used to fund the G.I. Bill, will not count as income pursuant to Section 303(a)(1) of the Omnibus Veterans Benefits and Health Care Authorization Act of 1986, as it is not considered to be received by or under the control of the individual. Source: 7 CFR §273.9(b)(1) Revised: March 2022

(part-14)(17.5)17.5 Unearned Income.#

Unearned income includes the following, but not limited to, : A. Federal or federally aided public assistance program payments such as SSI or TANF; B. Social security benefits; C. Payments received through the Mississippi Band of Choctaw Indians (MBCI) Distribution Plan; D. Severance pay; E. Annuities; F. Pensions; G. Retirement; H. Strike benefits; I. Veteran’s benefits; J. Disability benefits; K. Worker’s compensation; L. Unemployment compensation; M. Monies deposited into a joint bank account. Exception: When one of the joint account owners is the protective payee of the funds deposited into the account and the funds are used for the needs of the protective payee, then such funds would be excluded as income to others; N. Foster care payments for children or adults who are considered members of the household; O. Gross income less the cost of doing business from rental property where the household member is not actively engaged in the management of the property at least 20 hours a week; P. Support or alimony payments made directly to the household by non-household members; Q. Scholarships, educational grants, deferred payment loans for education (other than educational assistance with a work requirement) in excess of amounts excluded in Rule 17.8 Excluded Income; R. Payments from government sponsored programs, dividends, interest, royalties, and all other direct money payments construed to be a gain or benefit; S. Monies that are legally obligated and otherwise payable to the household, but which are diverted by the provider of the payment to a third party for a household expense (such as vendor payments described in Rule 17.8 Excluded Income); T. Income deemed to sponsored non-citizen as detailed in Rule 9.6 Deeming of Sponsor’s Income and Resources; U. Monies which are withdrawn or dividends which are or could be received by a household from trust funds are considered to be excludable resources; 1. Such trust withdrawals will be considered income in the month received unless otherwise exempt. 2. Dividends which the household can select to receive as income or reinvest in the trust will be considered income in the month they become available to the household unless otherwise exempt. Source: 7 CFR §273.9(b)(2) Revised: March 2022

(part-14)(17.8)17.8 Excluded Income.#

Types of excluded income include: A. Any gain or benefit that is not in the form of money payable directly to the household; 1. In-kind benefits: includes meals, clothes, housing or produce from a garden. 2. Vendor payments: money payment made on behalf of a household by an individual or organization outside of the household either directly to the household’s creditors or to an individual or organization providing a service to the household. a) Public Assistance vendor payments are counted as income unless they are made for: i. Medical assistance; ii. Child care assistance; iii. Energy assistance; iv. Emergency assistance for migrant or seasonal farmer households while in the job stream; v. Housing assistance payments made through a State or local housing authority; vi. Emergency or special assistance (the assistance must be over and above the normal grant). b) Department of Housing and Urban Development (HUD) vendor payments. Rent or mortgage payments made to landlords or mortgagees by HUD are excluded as income. c) Vendor payments that are reimbursements are excluded. d) Other third-party payments will be treated as follows: i. Money legally owed and payable to the household that is diverted by the provider of the payment to a third party for a household expense will be counted as income. ii. If an individual or organization makes a payment to a third party on behalf of a household using funds that are not owed to the household, the payment will be excluded. B. Educational assistance such as grants, scholarships, fellowships, work study or educational loans where payment is deferred and the following exists: 1. The educational assistance must be received under section 20 U.S.C. 1087uu of the Higher Education Act; 2. The educational assistance must be awarded to a household member enrolled at either: a) Recognized institution of post-secondary education; b) School for the handicapped; c) Vocational education program; d) Vocational or technical school; e) Program that provides for obtaining a secondary school diploma or the equivalent. 3. The educational assistance must be used for the following allowed expenses: a) Tuition; b) Books; c) Supplies; d) Mandatory school fees; e) Transportation; f) Miscellaneous personal expenses (other than normal living expenses); g) Dependent care; h) Origination fees and insurance premiums on educational loans. 4. Exclusions must be incurred or anticipated for the time the educational income is intended to cover regardless of when the educational income is actually received. 5. If a student uses other income sources to pay for the allowable educational expense in the months before the educational income is received, the exclusion to cover the expenses will be allowed when the educational income is actually received. C. Income received in the certification period too infrequently to be reasonably anticipated, but not greater than $30 in a quarter; D. All loans (including loans from private individuals and commercial institutions) other than educational loans on which repayment is deferred; 1. Loans in which repayment must start within 60 days after receipt of the loan will not be considered a deferred repayment loan. E. Reimbursements for past and future expenses as long as they do not exceed actual expenses and do not represent a gain or benefit to the household; 1. Note: Reimbursements for normal living expenses (rent/mortgage, clothes or food eaten at home) are not excluded because they represent a gain or benefit to the household. 2. To be excluded, the payments must be made for a particular expense and used for the intended purpose. 3. Reimbursements may cover multiple expenses. 4. Reimbursements will only be considered to exceed the actual expenses if the provider or the household determines the amount is excessive. 5. Excludable reimbursements include: a) Medical or dependent care reimbursements; b) Reimbursements received by households to pay for services provided by Title XX of the Social Security Act; c) Reimbursements for job or training related expenses such as travel, per diem, uniforms or transportation to and from the training site; d) Reimbursements for out-of-pocket expenses of volunteers incurred in the course of his or her work; e) Reimbursements made to the household for necessary expenses to participate in an education component under the E&T program; f) Any allowance a State agency provides no more frequently than annually for children’s clothes when the children enter or return to school or daycare, provided the State agency does not reduce the monthly TANF payment for the month in which the school clothes allowance is provided. F. The cost of producing self-employment income; G. Money received and used for the care and maintenance of a third-party beneficiary who is not a household member; H. The earned income of a student that is under age 18 and who lives with a biological, adopted or stepparent or under the parental control of a household member other than a parent; 1. The exclusion will apply during temporary interruptions from attendance due to semester or vacation breaks as long as the child’s enrollment will resume after the break. 2. If the child’s earnings or amount of work cannot be separated from other household members, the total earnings will be equally prorated among the working household members and the child’s share will be excluded. I. Money received in the form of nonrecurring lump-sum payments, including income tax refunds, rebates, or credits, retroactive lump-sum social security, SSI, public assistance or refunds of security deposits on rental property or utilities; J. Any income that is specifically excluded by other Federal statute for the purposes of determining SNAP eligibility including the following: 1. The value of assistance to children under the Richard B. Russell National School Lunch Act according to P.L. 79-396, §12(e) and the Child Nutrition Act of 1966 according to P.L. 89-642, §11(b); 2. Federal major disaster and emergency assistance payments and comparable disaster assistance provided by Mississippi such as Disaster Unemployment Assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act according to P.L. 93-288, §312(d); 3. Reimbursement from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, §216); 4. National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968 (P.L. 90-448, §1324); 5. Any payment to volunteers under Title II (RSVP, Foster Grandparents, and others) of the Domestic Volunteer Services Act of 1973 as amended (P.L. 93-113). Payments to volunteers under Title I (VISTA, University Year for Action and Urban Crime Prevention Program) are excluded only for individuals receiving SNAP at the time he or she joined the Title I program. The exclusion will continue even with temporary interruptions in SNAP participation; 6. Allowances, earnings, or payments (including reimbursements) to individuals participating in programs under WIOA, such as Summer Youth Payments and AmeriCorps; 7. The value of any childcare payments made under Title IV-A of the Social Security Act, including transitional child care payments (P.L. 100-485); 8. Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203); 9. Per capita payments under the Indian Tribal Judgment Funds Use or Distribution Act of $2000 or less pursuant to P.L. 93-134 and P.L. 98-64. This exemption applies to each payment made to each individual; 10. Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540); 11. Income derived from certain submarginal land of the United States which is held in trust for certain Indian tribes (P.L. 94-114; §6); 12. Payments of relocation assistance to members of the Navajo and Hopi Tribes under P. L. 93-531; 13. Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (P.L. 95-433); 14. Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420, §5); 15. Funds distributed per capita to the Sac and Fox Indians according to P.L. 94-189; 16. Funds paid under Indian Claims: Distribution of Funds to Seminole Indians (P.L. 101-277, §8(b)) are excluded except for per capita payments in excess of $2000; 17. Payments to the Seneca Nation according to P.L. 101-503; 18. Payments to Confederated Tribes of Colville Reservations per P.L. 103-436; 19. Payments to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the Papago tribes (Arizona) as designated under P.L. 97-408; 20. Per capita and interest payments made to the Red Lake Band of Chippewas pursuant to P.L. 98-123; 21. Per capita and interest payments made to the Assiniboine Tribe of the Fort Belknap Indian Community and Fort Peck Indian Reservation (Montana) pursuant to P.L. 98-124; 22. Payments to the Turtle Mountain Band of Chippewas, Arizona, pursuant to P.L. 97- 403; 23. Funds paid to heirs of deceased Indians under the Old Age Assistance Claims Settlement Act except for per capita shares in excess of $2000 according to P.L. 98-500, §8; 24. Payments to the Saginaw Chippewa Indian Tribe of Michigan according to P.L. 99- 346, §6(b) and per capita funds according to P.L. 99-146 §6(b); 25. Funds to the Puyallup Tribe of Indians Settlement Act per P.L. 101-41; 26. Per capita payments to the Chippewas of the Mississippi pursuant to P.L. 99-377; 27. Income received by individuals age 55 and older under the Title V of the Older Americans Act according to P.L. 100-175, §509; 28. Grants paid under the Civil Liberties Act of 1988 (P.L. 100-383) to certain U.S. citizens of Japanese ancestry and permanent resident Japanese non-citizens or their survivors; 29. Payments made to children of Vietnam veterans who were born with spina bifida and certain other birth defects (P.L. 104-204); 30. All payments received under the Agent Orange Settlement Fund, or any other fund established pursuant to the settlement in the Agent Orange product liability litigation (P.L. 101-201 and P.L. 101-239, §10405). Note: The Agent Orange Act of 1991 (P.L. 102-4) authorized Veteran’s Administration (VA) benefit to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA monthly payment are not excluded and will be counted as unearned income; 31. Payments made under the Radiation Exposure Compensation Act (P.L. 101-426); 32. Payments made to individuals because of their status as victims of Nazi persecution (P.L. 103-286); 33. Compensation paid to crime victims under the Crime Act of 1984 (amended by P.L. 103-322); 34. Income earned in an Achieving a Better Life Experience (ABLE) account is not taxed if spent on qualified disability-related expenses. ABLE accounts allow for significant amounts of money to be put into a tax-advantaged savings and investment account without affecting eligibility for means tested programs such as SSI and Medicaid (P.L. 113-295, §103). K. Energy Assistance such as: 1. Payments or allowances for providing energy assistance under any Federal law besides part A of Title IV of the Social Security Act. This includes utility reimbursements made by the Department of Housing and Urban Development and the Rural Housing Service. 2. A one-time payment or allowance for an as-needed basis and made under a Federal or State law for weatherization costs or emergency repair or replacement of an unsafe furnace or other heating or cooling device. L. Cash donations based on need received on or after February 1, 1988 from one or more private nonprofit charities. These payments must not exceed $300 in a Federal fiscal year quarter; M. Earned income tax credit payments received either as a lump sum or payments under section 3507 of the Internal Revenue Code of 1986; N. Any payments made to an E&T participant for costs that are reasonably necessary and directly related to the E&T program. Such costs may include: 1. Dependent care costs; 2. Transportation; 3. Other expenses related to work, training or education such as uniform or necessary books or training manuals; 4. The costs may not include meals away from home; 5. The value of any dependent care service provided for or arranged under E&T will be excluded. O. Governmental foster care payments received by households with foster care individuals who are considered boarders; P. Income of an SSI recipient which fulfills a plan for achieving self-support (PASS) which has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act; Q. Income received by a member of the U.S. Armed Forces under Chapter 5 of Title 37 of the U.S. Code that is: 1. In addition to the service member’s basic pay; 2. As a result of the service member’s deployment in an area designated a combat zone; and 3. Not received by the service member prior to the service member’s deployment to an area designated as a combat zone. Source: 7 CFR §273.9(c) Revised: March 2022

(part-14)(18.4)18.4 Excess Medical Deduction.#

A. A deduction will be allowed for a portion of medical expenses over $35.00 per month, excluding special diets, incurred by any household member who is elderly or disabled. B. Spouses and others who receive benefits as a dependent of the SSI, disabled or blind recipient are not eligible for this deduction. C. Allowable medical costs include the following: 1. Medical and dental care, including psychotherapy and rehabilitation services provided by a Mississippi licensed practitioner or other qualified health professional. 2. Hospitalization or outpatient treatment. 3. Nursing care and nursing home care, including payments by the household for a person who was a household member immediately prior to entering a hospital or nursing home. 4. Prescription drugs (except any Schedule I controlled substance) prescribed by a Mississippi licensed practitioner, other over-the-counter medication (including insulin), medical supplies and equipment when approved by a Mississippi licensed practitioner or other qualified health professional. 5. Dentures, hearing aids and prosthetics. 6. Reasonable cost of transportation and lodging incurred to obtain medical treatment or services. 7. Health and hospitalization insurance policy premiums. 8. Medicare premiums related to coverage under Title XVIII of the Social Security Act and any cost-sharing or spend down expenses incurred by Medicaid recipients. 9. Securing and maintaining a service dog, including the cost of food and veterinary bills. 10. Eyeglasses prescribed by a skilled physician or by an optometrist. 11. Maintaining a homemaker, housekeeper, home health aide, or childcare services that are necessary due to age, infirmity, or illness. a) An amount equal to the one-person benefit will be considered a medical expense if the household furnishes the majority of the attendant’s meals. b) If a household member incurs attendant care costs that could qualify under both the medical deduction and dependent care deduction, the costs may be deducted as one or the other, but not both. Source: 7 CFR §273.9(d)(3) Revised: March 2022

(part-14)(22.1)22.1 Intentional Program Violation (IPV), Certain Convicted Felon Disqualifications, Fleeing Felon Disqualifications and Work Requirement Sanctions.#

A. The income and resources of the following ineligible non-household members will count in their entirety for the remaining household members: 1. Non-household members disqualified for an Intentional Program Violation; 2. Non-household members disqualified for failure to comply with workfare or work requirements; 3. Non-household members disqualified for a conviction as an adult for aggravated sexual abuse under section 2241 of title 18, United States Code, since February 7, 2014 and not in compliance with the terms of his or her release; 4. Non-household members disqualified for a conviction as an adult for murder under section 1111 of title 18, United State Code, since February 7, 2014 and not in compliance with the terms of his or her release; 5. Non-household members disqualified for a conviction as an adult for an offense under chapter 110 of title 18, United States Code, since February 7, 2014 and not in compliance with the terms of his or her release; 6. Non-household members disqualified for a conviction as an adult for a Federal or MS offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994, since February 7, 2014 and not in compliance with the terms of his or her release; 7. Non-household members disqualified for a conviction as an adult for an offense under MS law determined by the Attorney General to be substantially similar to an offense described in clauses 4-6 since February 7, 2014 and not in compliance with the terms of his or her release; 8. Non-household members disqualified for being probation and parole violators; and 9. Non-household members disqualified for being a fleeing felon. B. The entire household’s allowable deductions will continue to apply to the remaining household members for the above referenced ineligible non-household members. C. The aforementioned ineligible non-household members must not be included when determining the household’s size for the purposes of: 1. Assigning a benefit level to the household; 2. Assigning a standard deduction to the household; 3. Comparing the household’s monthly income with the income eligibility standards; or 4. Comparing the household’s resources with the resource eligibility standards. Source: 7 CFR §273.11(c)(1); 7 CFR §273.11(s) Revised: March 2022

(part-14)(22.8)22.8 Ineligible Non-Citizens.#

A. A pro rata share of the income of such ineligible non-citizen will be counted as income to the remaining household members. This pro rata share is calculated by first subtracting the allowable exclusions from the ineligible non-citizen’s income and dividing the income evenly among the household members, including the ineligible non-citizen. Everything except the ineligible non-citizen’s share is counted as income for the remaining household members. B. The resources of the ineligible non-citizen will count in their entirety for the remaining household members. C. The 20% earned income deduction will apply to the prorated income earned by the above referenced ineligible non-citizen. That portion of the household’s allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible non-citizen will be divided evenly among the household members, including the ineligible non-citizen. Everything except the ineligible non-citizen’s share is counted as a deductible child support payment, shelter or dependent care expense for the remaining household members. D. Exception: If the household is entitled to the SUA or BUA and is billed or pays all or part of the household’s utility expenses, then the household will be entitled to the full amount. E. The above statements do not apply to an non-citizen: 1. Who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); 2. Who is granted asylum under section 208 of the INA; 3. Who is admitted as a refugee under section 207 of the INA; 4. Who is paroled in accordance with section 212(d)(5) of the INA; 5. Whose deportation or removal has been withheld in accordance with section 243 of the INA; 6. Who is aged, blind, or disabled in accordance with section 1614(a)(1) of the Social Security Act and is admitted for temporary or permanent residence under section 245A(b)(1) of the INA; or 7. Who is a special agricultural worker admitted for temporary residence under section 210(a) of the INA. F. For an ineligible non-citizen within a category described above, MDHS will count all of the ineligible non-citizen’s resources and all but a pro rata share of the ineligible non- citizen’s income and deductible expenses. G. Ineligible non-citizen due to inability or unwillingness to provide immigration status: MDHS must count all of the ineligible non-citizen’s resources and a pro rata share of the ineligible non-citizen’s income and deductible expenses. H. The resources and income of the sponsor and sponsor’s spouse will not be included in determining the resources and income of an ineligible sponsored non-citizen. Source: 7 CFR §273.11(c)(3) Revised: March 2022

(part-14)(24.2)24.2 Resident Eligibility Criteria for GLAs.#

A resident of a group living arrangement must either: A. Receive supplemental security income (SSI) benefits under Title XVI of the Social Security Act; B. Receive disability or blindness payments under Title I, II, X, XIV or XVI of the Social Security Act; C. Receive federal or state administered supplemental benefits under Section 1616(a) of the Social Security Act provided the eligibility was based on disability or blindness; D. Receive federal or state administered supplemental benefits under Section 212(a) of P.L. 93-66; E. Receive disability retirement benefits from a governmental agency because of a disability considered permanent under Section 221(i) of the Social Security Act; F. Be a veteran with a service connected or non-service connected disability rated by the Veteran’s Administration (VA) as total or paid as total by the VA under Title 38 of the US Code; G. Be a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under Title 38 of the US Code; H. Be a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under Title 38 of the US Code; I. Be a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a nonservice- connected death under Title 38 of the US Code and has a disability considered permanent under Section 221(i) of the Social Security Act; J. Receive an annuity payment under Section 2(a)(1) of the Railroad Retirement Act of 1974 and is determined to be disabled based on criteria under Title XVI of the Social Security Act; K. Be a recipient of interim assistance benefits pending the receipt of Supplemented Security Income, a recipient of disability related medical assistance under title XIX of the Social Security Act, or a recipient of disability-based State general assistance benefits provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the State agency which are at least stringent as those used under title XVI of the Social Security Act. Source: 7 CFR §271.2 Revised: March 2022

(part-14)(30.15)30.15 Certification Notices.#

A. No later than 30 days after the date of the initial application, applicants must receive either: 1. Notice of eligibility; 2. Notice of denial; or 3. Notice of pending status. B. Notice of eligibility: If an application is approved, MDHS will notify the household in writing of the amount of the allotment and the beginning and ending dates of the certification period. The household must also be advised of any variations in benefit levels based on anticipated changes. If the initial allotment includes more than 1 month’s benefits, the notice should indicate the monthly amount for the remainder of the certification period. The notice must also contain: 1. Fair hearing rights; 2. Toll-free number of the SNAP office and, if possible, the name of a person to contact for additional information; 3. An individual or organization that provides free legal representation; 4. A reminder of the household’s duty to report changes may also be included and the 5. Responsibility for applying for continued participation. 6. If approved for expedited services, the notice must explain that the household must provide the postponed verification and the consequences of failing to do so. C. Notice of denial: If an application is denied, the household must receive a notice that contains: 1. An explanation of the basis for the denial; 2. Fair hearing rights; 3. Toll-free number of the SNAP office and, if possible, the name of a person to contact for additional information; 4. An individual or organization that provides free legal representation; 5. Instructions to potentially categorically eligible households to contact MDHS if approved to receive public assistance and/or SSI benefits. D. Notice of Pending Status: MDHS pends all cases on the 30th day regardless of the reason for the delay. The notice will explain what action the household must still take and that the application will be denied if the household fails to take the required action within 60 days of the application filing date. E. Applications for Recertification: Households that have filed an application by the 15th of the last month of their certification period must be provided with either a notice of eligibility or a notice of denial if the household has complied with all of the recertification requirements. Source: 7 CFR §273.10(g) Revised: March 2022

(part-14)(31.19)31.19 Computing Amount of Restored Benefits.#

After correcting the loss for future months and excluding those months that benefits may have been lost prior to the 12-month time limit, MDHS will calculate the amount to be restored as follows: A. If the household was eligible but received an incorrect benefit, the loss of benefits will only be calculated for those months in which the household participated. If the loss occurred due to an incorrect delay, denial or termination of benefits, the months affected by the loss will be calculated as follows: 1. If an eligible household’s application was incorrectly denied, the month the loss initially occurred will be the month of application or for an eligible household filing a timely reapplication, the month following the expiration of its certification period. 2. If an eligible household’s application was delayed, the months in which benefits may be lost will be calculated according to Rule 2.26 MDHS Delays. 3. If a household’s benefits were incorrectly terminated, the month the loss initially occurred will be the first month benefits were not received as a result of the erroneous action. 4. After computing the date, the loss initially occurred, the loss will be calculated for each month subsequent to that date until either the first month the error is corrected or the first month the household is found ineligible. B. For each month affected by the loss, MDHS will determine if the household was actually eligible. In situations where there is no information in the case record to document that the household was actually eligible, MDHS will advise the household of what information must be provided to determine eligibility for those months. For the months in which the household cannot provide the necessary information to prove its eligibility, the household will be considered ineligible. C. For the months the household was eligible, MDHS will calculate the benefit the household should have received. If the household received a smaller benefit than it was entitled to receive, the difference between the actual and correct benefits equals the amount to be restored. D. If a claim against a household is unpaid or held in suspense, the amount to be restored will be offset against the amount due on the claim before the balance, if any, is restored to the household. When the household is certified and receives an initial benefit, the initial benefit will not be reduced to offset claims, even if the initial benefit is paid retroactively. Source: 7 CFR §273.17(d) Revised: March 2022

(part-14)(32.10)32.10 Mass Changes.#

A. There are certain changes that may affect a significant portion of the caseload or the entire caseload that are initiated by either the state or Federal government. B. These mass changes include, but are not limited to, the following: 1. Federal adjustments to eligibility standards, maximum allotments, standard deductions and state adjustments to utility standards. a) A notice of adverse action must not be used for these changes. b) These types of mass changes must be publicized through the news media or posters in certification offices or other sites frequented by certified households. c) Households whose certification periods overlap the annual adjustment in the utility standard will be advised at the time of initial certification of when the adjustment will occur and what the difference in the benefit level will be, if known. 2. Mass changes in public assistance. a) When MDHS has at least 30 days advance knowledge of the amount of the public assistance adjustment, MDHS must make the change in benefits effective in the same month as the public assistance change. b) If MDHS does not have sufficient notice, the SNAP change must be effective no later than the month following in which the public assistance change was made. 3. Mass changes in Federal benefits. a) MDHS must make procedures for making mass changes to show cost-of- living adjustments (COLAs) in benefits and any other mass changes under Retirement, Survivors, and Disability Insurance (RSDI), SSI and other programs such as veteran’s assistance under title 38 of the United States Code and the Black Lung Program. b) These changes will be reflected as soon as possible but no later than the 2nd benefit issued after the month in which the change becomes effective. C. Mass changes in public assistance and mass changes in Federal benefits require an individual notice for mass change. D. A household is entitled to request a fair hearing if it feels aggrieved by the mass change. E. A household which requests a fair hearing will be entitled to continued benefits at its previous benefit level if the household meets the following: 1. The household does not specifically waive its right to continuation of benefits; 2. The household requests a fair hearing in accordance with the notice of adverse action; and 3. The household’s fair hearing request is based on improper computation of SNAP eligibility or benefits, or upon a misinterpretation or misapplication of Federal law or regulation. Source: 7 CFR §273.12(e) Revised: March 2022

(part-14)(32.11)32.11 Public Assistance Households.#

A. Public assistance households have the same requirement to report changes as any other SNAP household. B. There can be a joint change reporting form for both SNAP and public assistance purposes. C. MDHS cannot terminate SNAP benefits solely because it has terminated the household’s public assistance benefits. D. If a household change in circumstance results in a reduction or termination of the public assistance payment as well as a reduction or termination of SNAP benefits and MDHS has sufficient information to determine how the change will affect SNAP eligibility and benefit levels, MDHS must: 1. Issue a single notice of adverse action for the SNAP and public assistance actions. 2. Continue benefits on the basis authorized immediately prior to sending the notice if the household requests a fair hearing within the time limits provided in the notice of adverse action. 3. The household must reapply for SNAP if the SNAP certification period ends prior to the completion of the fair hearing process. E. If a household change in circumstance results in a reduction or termination of the public assistance payment, but will increase the SNAP benefits and MDHS has sufficient information to determine how the change will affect SNAP eligibility and benefit levels, MDHS must: 1. Issue a TANF notice of adverse action, but not take any action to increase the SNAP benefits until the household decides whether it will appeal the adverse action. 2. If the household decides to appeal and the public assistance benefits are continued, then the SNAP benefits must continue at the previous basis. 3. If the household does not appeal, the change must be acted upon within 10 days from the date the TANF notice of adverse action period expires. F. If a household change in circumstance results in a reduction or termination of the public assistance payment, but MDHS does not have sufficient information to determine how the change will affect SNAP eligibility and benefit levels (such as when an absent parent returns to the household), MDHS must: 1. Issue a request for information notice along with the TANF notice of adverse action. 2. Before taking further action, MDHS must wait until the household’s TANF notice of adverse action time period expires or until the household requests a fair hearing, whichever occurs first. 3. If the household requests a fair hearing and elects to have its TANF benefits continue pending the appeal, then MDHS must continue the SNAP benefits at the same basis. 4. If the household does not request a fair hearing and continue its TANF benefits, then MDHS must resume action on the changes. 5. If a TANF notice of adverse action is not required, MDHS must issue a request for information and take the appropriate action, if necessary, to close the case or adjust the benefit level. Source: 7 CFR §273.12(f) Revised: March 2022

(part-14)Mississippi SNAP Policy Manual#

(part-14)(1.1)1.1 Legal Authority and Purpose.#

(part-14)Mississippi SNAP Policy Manual#

(part-14)(1.1)1.1 Legal Authority and Purpose.#

(part-14)(1.2)1.2 State Agency Responsibilities.#

(part-14)(1.3)1.3 Program Informational Activities.#

(part-14)(1.4)1.4 Household Rights and Responsibilities.#

(part-14)(1.5)1.5 Bilingual Requirements.#

(part-14)(1.6)1.6 State Plan of Operation.#

(part-14)(1.7)1.7 Personnel Standards.#

(part-14)(1.8)1.8 Case Record.#

(part-14)(1.9)1.9 Record Retention.#

(part-14)(1.10)1.10 Electronic Notices.#

(part-14)(1.11)1.11 Confidentiality.#

(part-14)(1.12)1.12 Complaints.#

(part-14)(1.13)1.13 Nondiscrimination Compliance.#

(part-14)(1.14)1.14 Quality Control Reviews.#

(part-14)(1.15)1.15 The National Voter Registration Act (NVRA) of 1993.#

(part-14)(2.1)2.1 Application Process.#

(part-14)(2.2)2.2 Application Form.#

(part-14)(2.3)2.3 Required Application Notifications.#

(part-14)(2.4)2.4 Application Availability.#

(part-14)(2.5)2.5 Who May File the Application.#

(part-14)(2.6)2.6 Filing the Application.#

(part-14)(2.7)2.7 Valid Application.#

(part-14)(2.8)2.8 Valid Signatures.#

(part-14)(2.9)2.9 Application Assistance.#

(part-14)(2.10)2.10 Authorized Representatives.#

(part-14)(2.11)2.11 Application Date.#

(part-14)(2.12)2.12 Application Copies.#

(part-14)(2.13)2.13 Joint Applications for Agency Programs.#

(part-14)(2.14)2.14 Application through Social Security Administration (SSA).#

(part-14)(2.15)2.15 Pre-release Institution Resident Applying for SSI and SNAP.#

(part-14)(2.16)2.16 Withdrawing an Application.#

(part-14)(2.17)2.17 When to Complete the Interview.#

(part-14)(2.18)2.18 Who to Interview.#

(part-14)(2.19)2.19 Where to Complete the Interview.#

(part-14)(2.20)2.20 Interview Requirements.#

(part-14)(2.21)2.21 Missed Interview.#

(part-14)(2.22)2.22 Household Cooperation.#

(part-14)(2.23)2.23 Normal Processing Timeliness Standards for Initial Applications.#

(part-14)(2.24)2.24 Determining Cause of Delay.#

(part-14)(2.25)2.25 Household Delays.#

(part-14)(2.26)2.26 MDHS Delays.#

(part-14)(3.1)3.1 General.#

(part-14)(3.2)3.2 Request for Verification.#

(part-14)(3.3)3.3 Mandatory Verification at Initial Application.#

(part-14)(3.4)3.4 Mandatory Verification at Recertification#

(part-14)(3.5)3.5 Verification of Questionable Information.#

(part-14)(3.6)3.6 State Option.#

(part-14)(3.7)3.7 Verification Sources-Written Evidence.#

(part-14)(3.8)3.8 Verification Sources-Collateral Contacts.#

(part-14)(3.9)3.9 Verification Sources-Home Visits.#

(part-14)(3.10)3.10 Responsibility.#

(part-14)(3.11)3.11 Automated Resources-Mandatory Use of Income Eligibility and Verification System (IEVS).#

(part-14)(3.12)3.12 Mandatory Use of Systematic Alien Verification for Entitlements (SAVE).#

(part-14)(3.13)3.13 Automated Resources-State Data Exchange and Beneficiary Data Exchange#

(part-14)(3.14)3.14 Automated Resources-Deceased Person Match.#

(part-14)(3.15)3.15 Automated Resources-Electronic Disqualified Recipient System (EDRS).#

(part-14)(3.16)3.16 Automated Resources-National Directory of New Hires (NDNH).#

(part-14)(3.17)3.17 Automated Resources-Quarterly Wage Match Data (QWMD).#

(part-14)(3.18)3.18 Automated Resources-Unemployment Insurance Information.#

(part-14)(3.19)3.19 Automated Resources-Prisoner Verification System (PVS).#

(part-14)(3.20)3.20 Automated Resources-Public Assistance Reporting Information System (PARIS) and PARIS VA.#

(part-14)(3.21)3.21 Discrepancies.#

(part-14)(3.22)3.22 Case Documentation.#

(part-14)(4.1)4.1 General.#

(part-14)(4.2)4.2 Screening Requirements.#

(part-14)(4.3)4.3 SSA Screening of Joint SSI and SNAP Applications.#

(part-14)(4.4)4.4 Expedited Service Minimum Actions.#

(part-14)(4.5)4.5 Interview.#

(part-14)(4.6)4.6 Required Verification of Identity.#

(part-14)(4.7)4.7 Verification of Other Eligibility Factors.#

(part-14)(4.8)4.8 Postponed Verification.#

(part-14)(4.9)4.9 Social Security Numbers.#

(part-14)(4.10)4.10 Work Registration.#

(part-14)(4.11)4.11 eDRS.#

(part-14)(4.12)4.12 Household Fails to Complete Postponed Verification.#

(part-14)(4.13)4.13 Processing Timeframes.#

(part-14)(4.14)4.14 Minimum Actions Not Completed.#