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SNAP 0-3 Introduction
Supersedes: SNAP 0-3 (04/01/19) PURPOSE & SCOPE The Supplemental Nutrition Assistance Program (SNAP) formerly known as the Food Stamp Program was established to aid in ending hunger and improve nutrition and health. SNAP benefits assist low-income households in purchasing the food they need for a nutritionally adequate diet and provides crucial support to needy households. Congress passed the Food and Nutrition Act of 2008 to provide eligible households an opportunity to obtain a more nutritious diet by supplementing their food budget. SNAP enables eligible households to purchase food with the use of SNAP benefits issued each month in their Electronic Benefit Transfer (EBT) account. The amount of the allotment a household receives is determined by income, allowable expenses, and the household size. Participating households may purchase food with their Montana Access (EBT) card at retail food stores authorized to accept them by the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS). Only eligible foods or food products intended for home consumption and seeds and plants for a home garden may be purchased with SNAP benefits. Alcoholic beverages, household products, cigarettes, hot foods ready to eat, and pet food cannot be purchased with SNAP benefits. A limited number of participants who meet specific eligibility and residence criteria may use their SNAP benefits to buy prepared meals e.g., authorized meal delivery service, authorized communal dining facility for elderly or SSI households, etc. ADMINISTRATION RESPONSIBILITIES SNAP is administered by cooperation between Federal and State governments. The State of Montana is responsible for the certification of applicants and issuance of benefits. This is accomplished cooperatively through the Offices of Public Assistance (OPA) providing the daily client contact under the rules disseminated by the State. The Federal government provides guidelines for State operations and is
responsible for authorization and supervision of participating retailers, institutions, and meal delivery services. The Department of Public Health and Human Services (DPHHS) must fulfill the following requirements and responsibilities in the operation of SNAP: 1. Certify applicant households. 2. Issue, control, and account for SNAP benefits. 3. Develop, conduct, and evaluate training. 4. Develop and maintain complaint procedures. 5. Conduct performance-reporting reviews. 6. Submit accurate and timely financial and program reports as required by USDA, FNS. OPA STAFF RESPONSIBILITIES The policies and procedures throughout this manual are intended to be a guide for SNAP certification and are written within the limits imposed by the Food and Nutrition Act and Regulations. The policies contained in this manual are intended to be sufficiently flexible to allow eligibility staff to exercise reasonable judgment in executing their responsibilities. In this regard, the concept of the 'prudent' worker can be helpful. The term refers to the reasonableness of the judgments made by an individual worker in each situation. In making a certification decision, eligibility staff should be conscientious about making a decision that is reasonable, based on their knowledge of and experience with SNAP policy. If eligibility staff encounter a problem in a specific case that is felt to be outside the ordinary policy and procedure, the problem should be resolved through administrative channels. If existing policy guidelines generally address the problem, eligibility staff should make a judgment that can be defined as reasonable and prudent. EFFECTIVE DATE: July 6, 2022
SNAP 001 Gross and Net Income: Standards/Thrifty Food Plan
Supersedes: SNAP 001 (10/01/2023) References: 7 CFR 273.9(a)(1)(i) and (a)(2)(i), 7 CFR 273.10(e)(4)(ii) Overview: SNAP participation is limited to households with income not exceeding the following gross and net monthly income standards. October 1, 2025, to September 30, 2026. GROSS MONTHLY INCOME STANDARDS FOR EXPANDED CATEGORICALLY ELIGIBLE (ECE) HOUSEHOLDS (200% of Poverty Level) Household Size Gross Monthly Income 1 $ 2610 2 $ 3526 3 $ 4442 4 $ 5360 5 $ 6276 6 $ 7192 7 $ 8110 8 $ 9026 Each Additional Member + $ 918
GROSS MONTHLY INCOME STANDARDS (130% of Poverty Level) Household Size Gross Monthly Income 1 $ 1696 2 $ 2292 3 $ 2888 4 $ 3483 5 $ 4079
Household Size Gross Monthly Income 6 $ 4675 7 $ 5271 8 $ 5867 Each Additional Member + 596
GROSS MONTHLY INCOME STANDARDS FOR HOUSEHOLDS WHERE ELDERLY/DISABLED ARE A SEPARATE HOUSEHOLD (165% of Poverty Level) Household Size Gross Monthly Income 1 $ 2152 2 $ 2909 3 $ 3665 4 $ 4421 5 $ 5177 6 $ 5934 7 $ 6690 8 $ 7446 Each Additional Member + $ 757
GROSS MONTHLY INCOME TEST EXCEPTIONS: The gross monthly income test does not apply to households that: 1. Are categorically eligible because all members are receiving or are authorized to receive TANF cash assistance, TANF Post Employment, Tribal TANF, or Supplemental Security Income (SSI) benefits. 2. Include a member who is disabled or age 60 or older. An individual is considered elderly the month he/she turns 60 years old. NOTE: Households are subject to the 130% GMI test when an elderly or disabled member is disqualified for any of the following reasons: a. intentional program violation; b. fleeing felon or probation/parole violation; c. convicted of receiving duplicate benefits; d. convicted of trading benefits for weapons, ammunition, explosives, or drugs; e. convicted of buying or selling benefits of $500 or more, or f. convicted after 08/22/96 of a federal or state felony for possession, use or distribution of illegal drugs, and not complying with conditions of supervision
3. Include a member who is disabled or age 60 or older and do not pass the ECE gross income test. Households with income less than the gross monthly income standard (GMI) have their net income evaluated according to the net monthly income standard (NMI).
NET MONTHLY INCOME STANDARDS (100% of Poverty Level) Household Size Net Monthly Income 1 $ 1305 2 $ 1763 3 $ 2221 4 $ 2680 5 $ 3138 6 $ 3596 7 $ 4055 8 $ 4513 Each Additional Member + $ 459
NET MONTHLY INCOME EXCEPTIONS: Households are exempt from the net monthly income test if the household is CE/ECE. THRIFTY FOOD PLAN The monthly allotment is equal to the Thrifty Food Plan for the household’s size reduced by 30 percent of the net monthly income. The Thrifty Food Plan is based on 100% of the federal poverty level. Minimum SNAP Allotment is $ 24. Maximum SNAP Allotments: Household Size Thrifty Food Plan 1 $ 298 2 $ 546 3 $ 785 4 $ 994 5 $ 1183 6 $ 1421 7 $ 1571 8 $ 1789 Each Additional Member + 218
Maximum Shelter Deduction- $ 744.00 Homeless Shelter Deduction- $ 198.99
Effective Date: October 1, 2025
SNAP 0-2 Alphabetical Subject Index
ALPHABETICAL SUBJECT INDEX A
Able Bodied Adults Without Dependents (ABAWD) overview………………………………….… 800-1 ABAWD, disqualification/regaining eligibility………………………………………………………….…. 803-1 ABAWD exemptions…………………………………………………………………………………………….……. 801-1 ABAWD, geographic waiver………………………………………………………………………………….…… 802-1 Action on changes………………………………………………………………………………………………… 1501-3; 1501-4 Adding household members………………………………………………………………………………….….. 1501-5 Adequate notice only……………………………………………………………………………………………..… 1503-1 Administrative disqualification hearing process and appeals (IPV)………………………….… 1505- 1 Administrative error claims…………………………………………………………………………………….…. 1504-1 Administrative review (hearing)……………………………………………………………………….. ….……1506-2 Administrative Hearings ………………………………………………………………………………………………1506-1 Administrative hearing, judicial review ...............................................................…….1506-4 Administrative hearing procedure...................................................................…………… 1506-3 Administrative hearing, appeal of ........................................................……………………….1506-4 Adoption subsidies…………………………………………………………………………………………………….. 501-1 Adverse action (notice of) and definitions……………………………………………………………….…. 1503-1
Agency caused errors……………………………………………………………………………………………….… 1504-1 Alcohol and Drug treatment programs…………………………………………………………………….…. 201-7 Alien sponsors, resources of and income of………………………………………………………………… 301-3 Aliens……………………………………………………………………………………………………………………..…... 301-2 Allotment determination (categorical eligibility)…………………………………………….………..…. 304-1 Allotments, initial and minimum……………………………………………………………………………..…. 104-1 Allotment reduction - methods of repayment………………………………………………………….… 1504-1 Allotment reduction (non-compliance adjustment)………………………………………..……….…. 602-5 American Indians born in Canada………………………………………………………………..………….….. 301-2 Annualizing, Anticipating or Averaging income/expenses………………………………………….… 601-1 Application approved………………………………………………………………………………………..………... 104-1 Application denied…………………………………………………………………………………………………….…. 104-1 Application form, where to apply……………………………………………………………………………….… 103-1 Application processing (categorical eligibility)………………………………………………………….….. 304-1 Application processing (general complaints)…………………………………………………………….….. 102-2 Application (recertification)…………………………………………………………………………………………. 1502-1 Applications, repeat expedited…………………………………………………………………………..………… 105-1 Approval of application…………………………………………………………………………………………………. 104-1 Assistance unit………………………………………………………………………………………………………………. 201-1 Authorized representative……………………………………………………………………………. 103-1; 103-7; 201-6 B
Battered adults & children, shelters for………………………………………………..………………………. 201-8 Board of appeals (administrative hearing)…………………………………………………………………………………………………………………..…… 1506-4 Boarders definition………………………………………………………………………………………………………. 201-4
Boarders, income from and determining cost of doing business………………………………..…. 503- 1 Budgeting, prospective…………………………………………………………………………………………..…….. 601-1 Business checking accounts……………………………………………………………………………………..…… 402-1
C
Case management overview…………………………………………………………………………………………………… 1500 Case notes………………………………………………………………………………………………………………………… 1507-1 Cash management……………………………………………………………………………………………………………. 1504-3 Categorical eligibility………………………………………………………………………………………………………… 304-1; 400 Changes, mass………………………………………………………………………………………………………………….. 1501-2 Changes, missing information or verification……………………………………………………………..…….. 1501-3; 1501-4 Changes, methods of reporting……………………………………………………………………………………..…. 1501-1 Changes, six month reporting……………………………………………………………………………………………. 1501- 3 Changes, reporting requirements……………………………………………………………………………………… 1501-4 Child support deduction……………………………………………………………………………………………..…….. 602-2 Citizenship by birth, naturalization or derived from parent…………………………………………….… 301- 1 Citizenship criteria for participation (U.S.)………………………………………………………………………... 301-1 Civil rights……………………………………………………………………………………………………………………….… 102-1 Claimant’s rights (administrative hearing)………………………………………………………………….…….. 1506-3 Claims and Recovery Unit…………………………………………………………………………………………………. 1504-1 Client rights and responsibilities………………………………………………………………………………………. 103-3 Collateral contact…………………………………………………………………………………………………………….. 103-5
Combat pay……………………………………………………………………………………………………………………… 501-1 Combined allotments………………………………………………………………………………………………………. 104-1 Complaint procedure (civil rights)…………………………………………………………………………..……….. 102-1 Complaint procedure (non-civil rights)…………………………………………………………………….……... 102-2 Completion of the application form………………………………………………………………………….…….. 103-1 Confidentiality/disclosure……………………………………………………………………………………….……… 101-1 Continuation of benefits (administrative hearing)…………………………………………………….……. 1506- 1 Cooperate, refusal to……………………………………………………………………………… 104-1; 705-1; 1504-1 Cost of doing business, determining…………………………………………………………………………….…. 503-1 D
Date of application……………………………………………………………………………………….……….…… 103-1 Deduction, child support……………………………………………………………………………….……….….. 602-2 Deduction, dependent care………………………………………………………………………………….……… 602-2 Deduction, earned income………………………………………………………………………………..………... 602-2 Deduction, medical (elderly or disabled)………………………………………………………………….….. 602-3 Deduction, shelter and utility……………………………………………………………………………………..… 602-4 Deduction, standard……………………………………………………………………………………………………... 602-2 Deemed income and resources of sponsored aliens…………………………………………………….. 301-3 Delays caused by county office (application processing)………………………………………….…... 104- 1 Delays caused by household (application processing)………………………………………..…………. 104-1 Deleting household members……………………………………………………………………………………….. 1501-5 Denial of application……………………………………………………………………………………….…………….. 104-1 Destitute and expedited service, screening for………………………………………………….………….. 103-1 Destitute migrant/seasonal farm workers……………………………………………………………..……… 105-2
Determining household composition…………………………………………………………………………….. 201-1 Determining income - self-employment & farmers……………………………………………………….. 503-1 Disabled indicator…………………………………………………………………………………………….. 001; 500; 602-4 Disaster Unemployment………………………………………………………………………………………………… 501-1 Disqualification, drug felony………………………………………………………………………………………….. 201-1 Disqualification, (SSN)……………………………………………………………………………………………………. 303-1 Disqualification, (work registration)………………………………………………………………….……………. 705-1 Disqualification, imposition of (ADH) and penalties………………………………………………………… 1505- 1 Disqualification period - transfer of resources……………………………………………………………….. 404-1 Disqualified members, resources of…………………………………………………………………………….... 400 Disqualified sponsored alien………………………………………………………………………………….……... 301-3 Drug and Alcohol treatment rehabilitation programs……………………………………………………. 201-7 Dual participation/FDPIR/SNAP……………………………………………………………………… 201-9
E
EBT, Montana Access Card………………………………………………………………………………………..…… 900 Earned income - countable and excluded………………………………………………………………………. 502-1 Earned income deduction…………………………………………………………………………………….………… 602-2 Earned income, verifying……………………………………………………………………………………………….. 500 Educational income……………………………………………………………………………………………………….. 402-1; 501-1 Elderly or disabled, medical deduction for the………………………………………………….……………. 602-3 Eligibility and benefit determination (overview)………………………………………………….…………. 500 Eligibility, categorical…………………………………………………………………………………………….……….. 304-1 Eligibility criteria – aliens………………………………………………………………………………………………….301-2 Eligibility, expanded categorical………………………………………………………………………………………. 304-2
Eligibility criteria - expedited services……………………………………………………………………………. 105-1 Eligibility factors, financial……………………………………………………………………………………………… 400; 500 Eligibility – strikers…………………………………………………………………………………………………………. 201-1 Eligible students, certify as…………………………………………………………………………………………….. 201-5 Emancipation…………………………………………………………………………………………………………….…… 201-2 Employment related payment……………………………………………………………………………………….. 501-1 Ending disqualification (SSN)………………………………………………………………………………………. 303-1 Ending disqualification (work registration)………………………………………………………………….. 705-1 Error claims, administrative (agency) or inadvertent household………………………………….. 1504- 1 Establishing a claim, when not to………………………………………………………………………………… 1504-1 Establishing a claim (over issuance)…………………………………………………………………………….. 1504-1 Excluded income – earned ……………………………………………………………………………………………502-1 Excluded income – unearned………………………………………………………………………………………. 501-1 Exclusions, resource …………………………………………………………………………………………………….402-1 Exempt from work registration, individuals …………………………………………………………………701-1 Exempt from ABAWD provision, individuals …………………………………………………………………801-1 Expanded Categorical Eligibility …………………………………………………………………………….304-2; 400 Expedited services ………………………………………………………………………………………………………..105-1 Expedited service, screening for destitute …………………………………………………………………….103-1 Expunged benefits, applied to claims …………………………………………………………………………….1504-1 Expungement, Montana Access EBT ……………………………………………………………………………..905-1 F
Factoring, income ………………………………………………………………………………………………………….601-1 Failure to appear (admin. review, Admin. hearing) ……………………………………………………….1506-2 Failure to comply - providing SSN ………………………………………………………………………………….303-1
Failure to comply - work registration …………………………………………………………………………….705-1 Failure to comply - means tested program……………………………………………………………………. 602-5 Family self-sufficiency (HUD) …………………………………………………………………………………………402-1 Farmers, self-employment …………………………………………………………………………………………….503-1 Farm workers, destitute migrant/seasonal ……………………………………………………………………105-2 Felony ……………………………………………………………………………………………………………………………201-1 Filing an application ……………………………………………………………………………………………….……..103-1 Filing unit ……………………………………………………………………………………………………………….……..201-1 Financial eligibility factors ………………………………………………………………………………………..400; 500 SNAP Distribution Programs on Indian Reservations ………………………………………………….….201-9
SNAP replacement codes …………………………………………………………………………………………….…901-2 SNAP replacement conditions …………………………………………………………………………………….….901-1 SNAP replacement - destroyed food ……………………………………………………………………………...901-2 Formal Administrative Disqualification hearing ……………………………………………………………..1505-1 Foster children/adults (household members) …………………………………………………………………201-3 Foster children/adults, income of …………………………………………………………………………………..501-1 Fugitive felons ………………………………………………………………………………………………………………..201-1 G
Gifts of money ……………………………………………………………………………………………………………….501-1 Glossary ………………………………………………………………………………………………………………………….0-4 Good cause, general work registration …………………………………………………………………………..703-1 Good cause, failure to provide a SSN ……………………………………………………………………………..303-1 Good cause, voluntary quit or reduction of hours ………………………………………………………….703-1 Group homes …………………………………………………………………………………………………………………201-6 Group home living arrangements …………………………………………………………………………………..201-6
H
Hearing, administrative disqualification (IPV) ………………………………………………………………..1505-1 Hearing officer (administrative hearing) ………………………………………………………………………..1506-3 Hearsay as evidence (administrative hearing) ……………………………………………………………….1506-3 Homes, group …………………………………………………………………………………………………………………201-6 Household caused errors ………………………………………………………………………………………………..1504-1 Household composition …………………………………………………………………………………………………..201-1 Household cooperation - application filing ………………………………………………………………………103-1 Household members – adding …………………………………………………………………………………………1501-5 Household members – deleting ……………………………………………………………………………………….1501-5 I
Identity …………………………………………………………………………………………………………………… 103-5; 105-1 In-kind income – earned …………………………………………………………………………………………………..502-1 In-kind income – unearned………………………………………………………………………………………………. 501-1 Inadvertent household error claims ………………………………………………………………………………….1504-1 Incarceration (household composition) …………………………………………………………………………….201-1 Income (overview) ……………………………………………………………………………………………………………500 Income, alpha index ………………………………………………………………………………………………………….500-1 Income, annualizing, anticipating, averaging and factoring ……………………………………………….601-1 Income deduction, earned ………………………………………………………………………………………………..602-2 Income, deemed from sponsor of alien …………………………………………………………………………….301-3 Income excluded – earned ………………………………………………………………………………………………..502-1 Income excluded – unearned ……………………………………………………………………………………………501-2 Income not counted …………………………………………………………………………………………………………601-1 Income, prospectively determining ………………………………………………………………………………….601-1
Income of disqualified members ……………………………………………………………………………………..500 Income and resources of an ineligible student ………………………………………………………………….201- 5 Income standard - GMI/NMI ……………………………………………………………………………………………..001 Income, terminated …………………………………………………………………………………………………………..601-1 Indian, tribal agency offices ……………………………………………………………………………………………….1701-1 Indian Income and Resources (see Native American Income and Resources) …………………….402-2 Ineligible aliens ………………………………………………………………………………………………………………..301-1 Ineligible alien or disqualified person, resources ……………………………………………………………..402-1 Intentional program violations …………………………………………………………………………………………1505-1 Interview (expedited) …………………………………………………………………………………………………..….105-1 Interview process …………………………………………………………………………………………………….……...103-1 Introduction, vision/mission/philosophy ………………………………………………………………………….0-3 Issuance ……………………………………………………………………………………………………………………………900 J
Job quit …………………………………………………………………………………………………………………………….703-1 Jointly-owned resources …………………………………………………………………………………………………..401-1 Joint custody …………………………………………………………………………………………………………………….201-1 K
L
LAPR - lawfully admitted status/alien ……………………………………………………….………………………301-2 Liquid resources …………………………………………………………………………………….………………401-1; 402-1 Loss of exempt status - work registration …………………………………………………………………………701-1 Lost benefits, restoration of ……………………………………………………………………………………………..901-1
Lump sum ……………………………………………………………………………………………………402-1; 501-1; 502-1 M
Management, case ……………………………………………………………………………………………………………1500 Mandatory verification………………………………………………………………………………………………………103-5 Mass changes ……………………………………………………………………………………………………………………1501-2 Mass change (administrative Hearing) ………………………………………………………………………………1506- 1 Mass change (notices)………………………………………………………………………………………………1503-1 Medical deduction for the elderly or disabled ………………………………………………………….602-3 Medical expenses (group home residents) ……………………………………………………………….201-6 Methods of repayment …………………………………………………………………………………………….1504-1 Methods of verification …………………………………………………………………………………………….103-5 Migrant/seasonal farm workers, destitute ………………………………………………………………..105-2 Montana Access Card Expungement ………………………………………………………………………….905-1 Montana Access Card Returned/Re-mailed ………………………………………………………………..902-1 Motor voter ………………………………………………………………………………………………………………..103-6 N
Native American Income ………………………………………………………………………………………….…..501-2 Native American Resources …………………………………………………………………………………….……402-2 Naturalization, citizenship by ……………………………………………………………………………………….301-1 New to the household, members …………………………………………………………………………………1501-5 Noncompliance-adjustments ………………………………………………………………………………………..602-5 Noncompliance – program compliance …………………………………………………………….103-1; 1508-2 Non-liquid resources ……………………………………………………………………………………………..…….401-1 Notice of adverse action/definitions and time frames ………………………………………………….1503-1 Notice, adequate only …………………………………………………………………………………………………..1503-1
Notice is not required ……………………………………………………………………………………………………1503-1 Notification of work registration ……………………………………………………………………………………700 Nutrition Education Program …………………………………………………………………………………………1704-
O
Offsetting Claims …………………………………………………………………………………………….1504-1;1504-2 OPA, determining responsible ………………………………………………………………………………………..103-1 OPA staff, applications by …………………………………………………………………………………………….103-1 Over issuance ……………………………………………………………………………………………………………….1504-1
P
Parental control ……………………………………………………………………………………………………………201-2 Personnel ……………………………………………………………………………………………………………………..101-1 Pre-disqualification hearing ………………………………………………………………………………………….1505-1 Probation/parole violators ……………………………………………………………………..…………………….201-1 Processing the application …………………………………………………………………………………………….103-1 Processing delays ………………………………………………………………………………………………………....104-1 Program Compliance, reviews ………………………………………………………………………………….…..1508-2 Program Compliance (non- compliance) …………………………………………………………...104-1; 1508-2 Program purpose and scope ………………………………………………………………………………………….0-3 Property in probate ………………………………………………………………………………………………………402-1 Proration table ……………………………………………………………………………………………………………..003 Prosecution for fraud ……………………………………………………………………………………………………1505-1 Prospective budgeting (income and expenses) …………………………………………………………….601-1 Purging …………………………………………………………………………………………………………………………1510-1 Q
Qualified alien ……………………………………………………………………………………………………………..301-2
Quality control review (non-compliance) ……………………………………………………………………..104-1 Questionable citizenship ………………………………………………………………………………………………301-1 R
Real property ……………………………………………………………………………………………………………….402-1 Reapplication ……………………………………………………………………………………………………………….104-4 Records retention/purging ………………………………………………………………………………………….1510-1 Recertification process including interview …………………………………………………………………1502-1 Reduction, allotment ……………………………………………………………………………………………..……1504-1 Refusal to cooperate …………………………………………………………………………………………104-1; 1504-1 Reimbursements ………………………………………………………………………………………………………….501-1 Release of confidential information…………………………………………………………………………….. 103-5 Repayment methods ……………………………………………………………………………………………………1504-1 Reporting and acting on changes …………………………………………………………………………………1501-1 Reporting requirements-recertification ……………………………………………………………………….1502-1 Reporting, six month requirements ……………………………………………………………………………..1501-3 Representative, authorized ………………………………………………………………………………………….103-7 Requesting an Administrative Hearing …………………………………………………………………………1506-1 Rescheduling interviews ………………………………………………………………………………………………103-1 Residency …………………………………………………………………………………………………………………….103-5 Residents, drug/alcohol treatment/rehabilitation ……………………………………………………….201-7 Residents, group home ……………………………………………………………………………………………….201-6 Residents of public institutions or shelters (expedited processing) ……………………………..105-1 Resource eligibility ………………………………………………………………………………………………………400 Resources, alpha index ……………………………………………………………………………………………….400-1 Resources, deemed (sponsored alien) ………………………………………………………………………..402-1
Resources of disqualified members ……………………………………………………………………………400 Resources of an ineligible student, income and …………………………………………………………201-5 Responsibility, administrative (ADH) ………………………………………………………………………….1505-1 Restoration of lost benefits ………………………………………………………………………………………..901-2 Retroactive Social Security payments ………………………………………………………………………..402-1 Reverse mortgage ……………………………………………………………………………………………….500-1; 501-1 Rights and responsibilities………………………………………………………………………………… (FA-220) 103-3 S
S.A.V.E. procedure ……………………………………………………………………………………………………..301-2 Scheduling interviews ………………………………………………………………………………………………..103-1 School breakfast/lunch program notice …………………………………………………………104-1; 1502-1 Seasonal farm workers, destitute migrant …………………………………………………………………105-2 Self-declaration status ……………………………………………………………………………………………….201-1 Self-employment and farmers …………………………………………………………………………………..503-1 Separate household status ………………………………………………………………………………………..201-1 Shelter costs ………………………………………………………………………………………………………………602-4 Shelter (group home residents) …………………………………………………………………………………201-6 Shelters for battered adults & children ……………………………………………………………………..201-8 Significant Return ……………………………………………………………………………………………………..401-1 Social Security Administration, application, filed by ………………………………………………….103-1 Social Security numbers ……………………………………………………………………………………………303-1 Social Security payments, retroactive ………………………………………………………………………..402-1 Sources of verification ……………………………………………………………………………………………….103-5 Special needs trusts …………………………………………………………………………………………………..402-3 Special processing (income) ……………………………………………………………………………………….500
Special processing (expedited for homebound) ………………………………………………………….105-1 Sponsored aliens ………………………………………………………………………………………………………..301-3 Standard deduction…………………………………………………………………………………………………… 602-2 Standard utility allowance (SUA) ………………………………………………………………………………..602-4 Standard utility allowance (SUA/expedited) ………………………………………………………………105-1 Start date of disqualification period…………………………………………………………………………. 1505-1 Status (S.A.V.E.), verification of alien ……………………………………………………………..…………301-1 Storage (case file storage) ………………………………………………………………………………………..1510-1 Strikers ……………………………………………………………………………………………………………………..201-1 Student, income and resources of an ineligible………………………………………………………… 201-5 Students, certify as eligible ……………………………………………………………………………………….201-5 SUA (see standard utility allowance) …………………………………………………………………………602-4 Suitable employment (see unsuitable) ……………………………………………………………………..701-1 T
Table of contents ………………………………………………………………………………………………………0-1 Table of standards …………………………………………………………………………………………………….0-3 TANF benefits, applications for …………………………………………………………………………………103-1 TANF Post Employment Payment ……………………………………………………………………………..501-1 TANF supplement payment for Child Support …………………………………………………………..501-1 Terminated income …………………………………………………………………………………………………..601-1 Thrifty food plan ……………………………………………………………………………………………………….0-3 Timely notice …………………………………………………………………………………………………………….1503-1 Transfer of resources ……………………………………………………………………………………………….404-1 Treatment of excluded resources ……………………………………………………………………………..402-1 Tribal Indian agency offices ………………………………………………………………………………………1701-1
Trust funds (irrevocable)……………………………………………………………………………………………402-3 U
Under issuance ………………………………………………………………………………………………………..1504-2 Unearned income – countable…………………………………………………………………………………. 501-1 Unearned income – excluded ……………………………………………………………………………………501-1; 501- 2 Unearned income, verifying ……………………………………………………………………………………………500 Unsuitable employment
…………………………………………………………………………………………………704-1 Utility expenses ………………………………………………………………………………………………….602-4 V
Verification and documentation ………………………………………………………………………………….…..103-5 Verification for expedited services …………………………………………………………………………………..105-1 Verification of alien status (S.A.V.E.)/citizenship
…………………………………………………………..…301-1 Verification of residency …………………………………………………………………………………………………..103-5 Verification (categorical eligibility) ……………………………………………………………………………………304-1 Verification, sources and methods of ……………………………………………………………………………….103-5 Verifying income ………………………………………………………………………………………………………………500 Verification, missing information or……………………………………………………………………1501-3; 1501-4 Violations, intentional program ……………………………………………………………………………………….1505-1 Voluntary quit ………………………………………………………………………………………………………………….703-1 Voluntary withdrawal (of application) ……………………………………………………………………..104-1; 104- 2 Voter registration …………………………………………………………………………………………………………….103-6 W
Waiver of administrative review (administrative hearing) ………………………………………………..1506-2 Waiver of office or face-to-face interview ………………………………………………………………………..103-1 Waivers/Exemptions……………………………………………………………………………………………………….. 802-1 When applications can be filed ………………………………………………………………………………………..103-1 Where applications can be filed
……………………………………………………………………………………….103-1 Work registration disqualification/ending disqualification ……………………………………………….705- 1 Work registration exemptions ………………………………………………………………………………………….701-1 Work registration, SNAP E&T referrals ……………………………………………………………………………..702-2 Work registration - good cause ………………………………………………………………………………………703-1 Work registration - unsuitable employment ……………………………………………………………………704-1 Work registration waiver …………………………………………………………………………………………………700 Worker responsibilities ……………………………………………………………………………………………………1500 X
Y
Z
Revised 05/13/2025
SNAP 0-4 Glossary A ABAWD--Able-Bodied Adult Without Dependents ADH--Administrative Disqualification Hearing AFDC--Aid to Families with Dependent Children. Currently referred to as the TANF cash assistance program. APWA--American Public Welfare Association AREERA--Agricultural Research, Extension, and Education Reform Act of 1998 ARM--Administrative Rules of Montana ABLE BODIED—A person who is physically able to maintain employment. ACTIVE CASE--A household certified prior to or during the QC sample month and was issued SNAP benefits for the QC sample month. ACTIVE CASE ERROR RATE--An estimate of the proportion of cases with an error in the determination of eligibility or basis of issuance. This estimate is a percentage of the completed active QC reviews. ADEQUATE NOTICE---A notice received no later than either the date the resulting benefits are to be received or in place of the benefits (SNAP 1503-1). ADMINISTRATIVE HEARING--Any clear expression, oral or written, by the claimant or authorized representative to present his/her case to a higher authority. Any claimant who is aggrieved by an adverse action of the Department is entitled to an Administrative Hearing including all rights to review and appeal provided by the Administrative Hearing process. ADMINISTRATIVE MONTH--The month preceding the benefit month in which eligibility was determined and benefits issued for the benefit month. ADULT--Age 18 or older
ADVERSE ACTION--Determination by the Office of Public Assistance to terminate, suspend or reduce benefits. ALLOTMENT--Total value of SNAP benefits a household is authorized to receive each month. The benefit amount is deposited onto the Montana Access EBT account. ALIEN--A documented alien is a person lawfully residing in the United States of America who is not a citizen. A documented alien may not necessarily have permanent residence status. An undocumented alien is a person present in the United States of America in violation of the Immigration and Nationality Act. ALIEN SPONSOR--A person or any public or private agency or organization who executed an Affidavit of Support (INS Form I-864 or I-864A) or similar agreement so an alien could enter the United States. APPLICANT--A person who submits a written application or verbally requests participation in a Food and Nutrition Services (FNS) federally assisted program at the service delivery point. APPLICATION DATE--The day the Office of Public Assistance receives and date stamps an application containing the applicant’s name, address, and signature. ASSISTANCE UNIT--Those members of the filing unit who are eligible to receive benefits. AUTHORIZATION--The system-initiated approval which generates a benefit. AUTHORIZED REPRESENTATIVE--A responsible person knowledgeable about the household’s circumstances. This person must be authorized in writing by the household to make application, receive the SNAP benefits and/or purchase food with the SNAP benefits for the household. B BIA--Bureau of Indian Affairs BEGINNING MONTH--The first month of eligibility. BENDEX--SSA’s Beneficiary Data Exchange System, which provides the amount of RSDI and Title II benefits paid to people entered on the system. BENDEX also provides data on pensions and wages. BENEFICIARY/PARTICIPANT--Those persons to whom assistance, services, or benefits are ultimately provided by Food and Nutrition Services (FNS) programs. (For example, a person receiving SNAP benefits, WIC vouchers, and/orFDPIR) BENEFIT--The resulting assistance value approved for a program household. BENEFIT MONTH–The month SNAP benefits are issued.
BONA FIDE--Good faith; without fraud or deceit; made with earnest intent. BOARDER--An individual to whom a household furnishes meals and/or lodging for compensa- tion. This compensation must be at a monthly rate at least equal to the SNAP allotment for a one-person household. If the household furnishes two meals a day, the compensation rate must equal two-thirds of a one-person allotment. Boarders are ineligible to participate in the Supplemental Nutrition Assistance Program (SNAP) separate from the household providing the board. Residents of commercial boarding houses are not eligible for SNAP benefits. BUDGET MONTH--The month the financial and nonfinancial criteria of the unit are used to determine eligibility and calculate the grant amount. Using prospective budgeting, the budget month is the same as the benefit month. BUSINESS EXPENSES--The costs directly related to the production of income. C CFR--Code of Federal Regulations CSSD--Child Support Services Division CSKT--Confederated Salish and Kootenai Tribes. This term is generally used when referencing the TANF assistance program managed by the Confederated Salish and Kootenai Tribes of the Flathead Nation. CSP--Community Services Program CWS--Child Welfare Services (usually refers to Foster Care) CALENDAR YEAR--January 1st through December 31st CASE--Documents or computer data relating to a SNAP household. CASE FILE--The record maintained for each SNAP household during the household’s participation in the program. CASE NOTE--Thorough documentation in CHIMES for all case actions. CASH VALUE--For resources: the amount that would be paid if the resource were sold or converted to cash. For income: the amount of the income or the value assigned to the service rendered for in-kind income. CATEGORICALLY ELIGIBLE—Households in which all members receive or are authorized to receive cash assistance funded by TANF, TANF Post-Employment, Tribal TANF, or SSI. Resources of individuals deemed categorically eligible are excluded from the resource determination.
CHANGE IN CIRCUMSTANCE--A reversal or variation of the fact from what was previously known at time of last certification action. CHILD SUPPORT--Voluntary or court ordered payment by an absent parent for the purpose of meeting the needs of his/her child(ren). CHIMES--Combined Healthcare Information and Montana Eligibility System. CHIMES is the computer system Montana uses to determine eligibility and maintain case files. CIVIL RIGHTS-- In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity. COLLATERAL CONTACTS--An oral or written confirmation of a household’s circumstances by a person outside of the household. The collateral contact may be made either in person or over the telephone and may include employers, landlords, social service agencies, migrant service agencies, and neighbors of the household who can be expected to provide accurate third-party verification. COMBINED ALLOTMENT--CHIMES automatically transmits an issuance authorization to the contractor for the current prorated and the following full months benefit amounts to be issued the following day. This will only occur if the application was received on the 16th of the month or later and both months are authorized in CHIMES on the same day. COMMINGLED--Countable and exempt funds in a bank or other account which are combined. COMPENSATION--Money, real or personal property, food, shelter, or services received by an individual in exchange for goods or services provided by that individual. COMPLETE NOTICE--Written notice that includes the federal requirements for an acceptable notice. These requirements are informing the household of the following: the action the agency intends to take, the reason for the action, the right to request a fair hearing, the person to contact for additional information, the availability of continued benefits and liability for such benefits if found ineligible in a hearing decision. NOTE: SNAP Federal regulations, CFR, refers to a notice containing all the mandatory requirements an “adequate” notice. However, MT uses “adequate” to mean a notice time frame. CONFIDENTIAL INFORMATION--Applicant or recipient information that may only be shared for establishing eligibility, determining amount of assistance, and providing services, with related federally mandated and assisted programs and agencies under contract to the Department or operating with a Memorandum of Understanding. The limitation of the use and disclosure of applicant and recipient information to the administration of the program.
CONVICTION--Per MCA 46-1-202(7)) either a judgment OR sentence upon a guilty plea or verdict or finding of guilt. This means that if the court enters a judgment that the individual is guilty of a drug felony, the individual has been convicted even before sentencing occurs. COUNTABLE INCOME--The total of earned and unearned income not excluded by policy, expected to be received by the household for the budget/benefit month. CURRENT MARKET VALUE--The value of a property on the open market in a specific community. D DATE OF DISCOVERY-- The date the State agency discovers the household is entitled to expedited service if the prescreening fails to identify a household as being entitled to expedited service. DOLI--Department of Labor and Industry DOR--Department of Revenue DPHHS--Department of Public Health & Human Services DATE OF APPLICATION--The day the Office of Public assistance receives, and date stamps an application containing the applicant’s name, address, and signature. DEPENDENT--A person who relies on another for support. DESTITUTE--Migrant or seasonal farm worker households whose only income for the month of application was received prior to the date of application and was from a terminated source. DISABLED MEMBER--A household member who meets any of the following: 1. Receives or has been approved to receive Social Security Disability or Blindness benefits. 2. Receives or has been approved to receive SSI benefits. 3. Receives State-financed SSI payments but not the basic Federal SSI benefit. These payments are generally referred to as “state supplement.” 4. Receives a Federal, State, or local public disability retirement pension and is considered permanently disabled by the Social Security office. 5. Is a veteran receiving service-connected disability benefits rated at 100%? 6. Is a veteran receiving non-service connected disability benefits rated at 100%? 7. Is a veteran or surviving spouse determined by VA to be housebound or in need of aid and attendance? 8. Is a surviving child of a veteran and considered by VA to be permanently incapable of self-support? 9. Is a veteran’s survivor (widow or child) receiving veteran’s benefits and having a disability considered permanent by the Social Security office?
10. Receives railroad retirement disability annuities and meets the Social Security disability criteria. 11. Receives SSI Presumptive eligibility payments. 12. Receives disability-related medical benefits under Title XIX (Medicaid), e.g., receives Medicaid due to MEDS (Medicaid Eligibility Determination Services) or 1619 determination. When Medicaid closes, the individual must meet another disability category to be considered disabled for SNAP purposes. DISCRIMINATION--To make any distinction of one person or a group of persons from others, either intentionally, by neglect, or by the effect of actions or lack of actions based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity. DOCUMENT-- Documentary evidence indicates a written record of the circumstances of an event or fact. For case work, it is the act of entering in the case file actual proof or statement of proof that the contents of the record are accurate. DOCUMENTARY EVIDENCE—Physical documents used to verify the income, expenses and other circumstances of a household. DRUG ADDICTION OR ALCOHOLIC TREATMENT AND REHABILITATION PROGRAMS-A program conducted by a private non-profit organization or institution, or a publicly operated community mental health center, under Part B of Title XIX of the Public Health Service Act to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics. E EA--Emergency Assistance EBT--Electronic Benefit Transfer-- SNAP participants are issued an EBT card for purchasing food products. The SNAP benefits are electronically transferred to an account linked to the EBT card. Participants use the EBT card, along with a Personal Identification Number (PIN) to purchase food items. ECC--Extended Child Care EIC/EITC--Earned Income Tax Credit EPSDT--Early and Periodic Screening, Diagnosis & Treatment EARNED INCOME--Employee payments received in cash for wages, tips, and commissions. Income derived from self-employment endeavors is also considered earned income. EARNED INCOME TAX CREDIT (EITC)--An amount of money which has been deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A Tax Return for a calendar year.
ELDERLY MEMBER--A person who is 60 years old or older. This includes a person who is 59 years old when they apply but who will become 60 on or before the last day of the month of application. ELIGIBILITY FACTOR--A specific condition that an applicant must meet to qualify for benefits. A recipient must continue to meet this condition to remain eligible for benefits. ELIGIBILITY WORKER--A person employed by the State of Montana who plays a role in the eligibility process for the Supplemental Nutrition Assistance Program (SNAP). ELIGIBLE FOODS--Items which can be purchased with SNAP benefits, including the following: 1. Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot food products prepared for immediate consumption. 2. Seeds and plants to grow foods for the personal consumption of eligible households. 3. SNAP-eligible meals prepared and delivered by an authorized delivery service to households. 4. Meals prepared and served by an authorized drug addiction or alcoholism treatment and/or rehabilitation center to households eligible to use SNAP benefits to purchase those meals. 5. Meals prepared and served by a group living arrangement facility to residents who are blind or disabled recipients of benefits. 6. Meals prepared by and served by a shelter for battered individuals and children to its eligible residents; and, 7. In the case of homeless SNAP households, meals prepared for and served by an authorized public or private non-profit establishment (e.g., soup kitchen, temporary shelter), that has been approved to feed homeless persons. EMANCIPATION--The process of being released from parental care and custody and being given full legal rights and responsibilities. ENCUMBRANCE--A claim or legal debt(s) against a resource which is supported by a written document and which must be paid when the resource is sold. ENUMERATION--The act of assigning a Social Security Number (SSN). EQUITY VALUE--The fair market value less any encumbrances against the property as of the date of evaluation. ERRONEOUS ISSUANCE--When a household obtains SNAP benefits to which they are not entitled through any of the following: misrepresenting facts, furnishing false information, a misunderstanding, fraudulent means, or by agency error. Agency error may also cause an under issuance. EXPEDITED SERVICES--Certain verification requirements may be postponed for eligible households to allow for prompt issuance of SNAP benefits.
EXPUNGEMENT--SNAP benefits removed from the Montana Access EBT account after 365 days have passed from the last time the participant completed a SNAP transaction. F FDPIR--Food Distribution Program on Indian Reservations FNS--Food and Nutrition Services. The branch of USDA which administers the Supplemental Nutrition Assistance Program (SNAP). FAIR MARKET VALUE--The amount of money which the sale of property would bring on the open market in the community where the property is located. FEDERAL MEANS-TESTED PROGRAM--Tribal TANF or TANF. (BIA tribal assistance and county general assistance programs are considered local means tested programs.) FILING UNIT--Required household members whose income and resources must be considered in eligibility determination. All members of the filing unit may not be included in the Assistance Unit and may not receive benefits. FRAUD--See INTENTIONAL PROGRAM VIOLATION. FULL-TIME STUDENT--An individual attending school full-time as defined by the institution. G GARNISHMENT--A legal action to deduct a specified amount of money from an employee’s wages or unemployment compensation to satisfy a creditor. GOOD CAUSE--An acceptable reason for an individual’s action which overrides the penalty of that action. Circumstances beyond the control of the recipient such asillness of recipient or other household member, lack of transportation, or unanticipated emergency. GROSS EARNED INCOME--The total money an employee is entitled to receive (wages), prior to any deductions (FICA, withholding taxes, etc.) or garnishment. GROSS MONTHLY INCOME (GMI) STANDARDS--The levels of gross income for each household based on size and circumstances which cannot be exceeded if the unit is to be eligible for benefits. GROUP LIVING ARRANGEMENT- -A public or private nonprofit residential setting that serves no more than sixteen residents that is certified by the appropriate agency or agencies of the state under regulations issued under section 1616(e) of the Social Security Act or under standards determined by the Secretary to be comparable to standards implemented by appropriate state agencies. To be eligible for SNAP benefits, a resident of such a group living arrangement must be blind or disabled as defined in this glossary.
H HOME--The principal place of residence. For resource purposes: a home is the current place of residence which is owned by/being purchased by/being rented by a member of the household and which includes any building and the land upon which the building is located, the land that appertains to the home, and all the buildings and/or mobile homes located thereon. HOMELESS INDIVIDUAL--An individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is: 1. A supervised shelter designed to provide temporary accommodations (such as welfare hotel or congregate shelter). 2. A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized. 3. A temporary (no more than 90 days) accommodation in the residence of another individual; or, 4. A place not designed for, or ordinarily used as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby, or similar places). HOMELESS MEAL PROVIDER--A private or public nonprofit establishment approved by the state (soup kitchen, temporary shelter) that feeds homeless persons. If the shelter is not authorized by FNS, the shelter cannot accept SNAP benefits from the certified residents. HOUSEHOLD--People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household (SNAP 201-1). HOUSEHOLD FURNISHINGS--Furniture, appliances, clothing, and personal items owned by the filing unit. I IPV--Intentional Program Violation IRA--Individual Retirement Account INCOME--Money received from any source. Can be earned or unearned. INCOME-PRODUCING PROPERTY—Property that produces income. For example, a rental property is considered income-producing. INDIAN INCOME--Money derived from individual and tribal property or benefits from Federal agencies due members of a specific tribe. INDIVIDUAL RETIREMENT ACCOUNTS (IRA)--A tax deferred pension or plan which sets aside money now for the needs of the person after retirement.
INELIGIBLE--A person or household who is not qualified to receive benefits because of not meeting one or more of the specified non-financial or financial requirements of eligibility. IN-KIND INCOME--Any gain or benefit (goods, services, etc.) which is not in the form of money payable directly to a household. The goods or services may be evaluated to determine a value. This value is considered exempt income in the determination of eligibility and/or benefit. INSTITUTIONS OF HIGHER EDUCATION--Those which normally require a high school diploma or equivalency certificate for entrance (SNAP 201-5). INTENTIONAL PROGRAM VIOLATION (IPV)/FRAUD--When a client knowingly, willfully and with deceitful intent: 1. Made a false or misleading statement, or misrepresented, concealed, or withheld facts; or 2. Committed any act that constitutes a violation of SNAP, SNAP regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking of SNAP benefits or EBT cards. INTERVIEW--To question or converse with a person face-to-face or by other means of communication to exchange information. ISSUANCE -- A released (issued) SNAP allotment. J JOINTLY OWNED PROPERTY--Property presumed to be owned in equal shares by each of the persons holding a legal interest, unless otherwise specified in a legal document such as a deed or divorce decree. A court-ordered right of ownership takes precedence over any contrary verbal claim or stipulation on any document. K KEOGH PLAN--A tax deferred pension or plan for a self-employed individual to set aside money now for the needs of the individual after retirement. L LIEN--A charge against real or personal property for the satisfaction of a debt. LIVE-IN ATTENDANT--An individual (usually compensated) who lives in the household because they are needed for medical, housekeeping, or child-care reasons. These individuals will not be considered household members for the Supplemental Nutrition Assistance Program (SNAP). LOTTERY AND GAMING WINNINGS-- Lottery or gambling winnings are defined for this requirement as a cash prize won in a single game before taxes or other amounts are withheld. If multiple individuals shared in the purchase of a ticket, hand, or similar bet, then only the portion
of the winnings allocated to the member of the SNAP household will be counted toward the eligibility determination.
LOW INCOME ENERGY ASSISTANCE PROGRAM (LIHEAP)--The program that provides payment for part of winter energy bills for income-eligible persons. Payments are usually made directly to local utility companies or vendors. LUMP SUM PAYMENT--Earned or unearned income received on a non-recurring (one-time) basis. It is considered as a resource in the month received. M MA--Medical Assistance MCA--Montana Codes Annotated MANAGEMENT EVALUATION (ME)--An evaluation procedure used to determine if State and local agencies are administering and operating Food and Nutrition Services (FNS) programs in accordance with program and civil rights regulations and requirements. MASS CHANGES--Certain changes imposed by the Federal or State government which may affect the entire caseload or significant portions of the caseload (SNAP 1501-2). MAXIMUM ALLOWABLE INCOME STANDARDS--The highest monthly net income a household may have and be eligible for the Supplemental Nutrition Assistance Program (SNAP). MEDICAID--The program for the payment of covered medical expenses for persons who are eligible. MEDICALLY NEEDY--An individual or family otherwise eligible for medical assistance but whose income is above the limits allowed for the categorically eligible. MIGRANT--A person who moves on a regular basis to find work in harvesting crops or other agricultural activities. MINOR CHILDREN--Children under 18 years of age who are under the parental control of an adult household member. MONTANA ACCESS CARD--A plastic debit card the participant uses to access his/her SNAP benefits that have been transferred to their EBT account. N NATIONAL ACCURACY CLEARINGHOUSE (NAC)—An intestate interface designed to prevent dual participation (receiving benefits in multiple states) in the SNAP program. NADA--National Automobile Dealers Association. A guide used to determine vehicle values.
NMI--Net Monthly Income NET EARNED INCOME--The total money the employee is entitled to receive (wages) less applicable deductions (FICA, taxes, etc.) and garnishments. NET MONTHLY INCOME (NMI) STANDARDS—Standards for allowable net monthly income per household size. NONSTRIKER--Any employee who is: 1. Affected by a lockout. 2. Exempt from work registration the day prior to the strike for reasons other than being employed. 3. Unable to work because of striking employees; or, 4. Not part of the bargaining unit on strike but does not want to cross the picket line for fear of personal injury. NORMAL PROCESSING STANDARDS—Applies to non-expedited applicants who must be provided an opportunity to participate in the Supplemental Nutrition Assistance Program as soon as possible, but no later than 30 calendar days following the date of application. NOTICE OF ADVERSE ACTION--The agency shall provide timely and adequate notice before any adverse action is taken. Timely notice requires at least 10 days from the date the notice is mailed to the effective date of the action. Adequate notice must include: the proposed action; the reason for the action; the right to request a fair hearing; telephone number and, if possible, name of person to contact; availability of continued benefits; liability for over issuance if the fair hearing is against the recipient. O OJT--On the Job Training. Training in the private or public sector given to a participant, occurring while the participant is engaged in productive work and providing knowledge or skills essential for the full and adequate performance of the job. The employer pays the participant wages. Generally, the employer is partially reimbursed for providing training/supervision/wages. ON-GOING ELIGIBILITY DETERMINATION--The act of evaluating an open case because of reported changes to find the case eligible or ineligible. OVERISSUANCE--SNAP benefits received by a household which exceeds the amount for which that household was eligible. P PA--Public Assistance PRWORA--Personal Responsibility & Work Opportunity Reconciliation Act of 1996
PARENTAL CONTROL--When a child, under 18, is financially or otherwise dependent upon an adult member of the household, that child is under the parental control of the adult. PARTICIPANT--A person who is eligible for benefits under SNAP, even if that person is not currently receiving benefits because the amount is too low, or the person is under a sanction or disqualification. PER CAPITA PAYMENT- “Equally to each person.” Per Capita is a means of distributing money usually to tribal members, not a type of payment. PERJURY--A willful false statement of a material fact; swearing to what is untrue; or incompletely answering all questions asked while under oath. PERSONAL PROPERTY--All things owned or possessed by the household. PRIMARY INFORMATION PERSON--The primary name on the case. PROGRAM REQUIREMENT--Specifications as to how eligibility factors are to be met for the Supplemental Nutrition Assistance Program (SNAP). PROPERTY/EQUIPMENT NECESSARY FOR EMPLOYMENT--Farm land, tools of a tradesman or farm machinery which is essential to the employment or self-employment of a household member. PRORATE--Divide or distribute benefits proportionally based on number of day’s eligible or number of household members. PROSPECTIVE BUDGETING--Determining eligibility and benefit amount using the best estimate of resources, income, deductible expenses and other circumstances which will exist in the benefit month. Q QA-Quality Assurance R R&R--Resource & Referral Agency (childcare) RSDI--Retirement, Survivors and Disability Insurance RACIAL CATEGORIES--The designation of participants/potential participants by race, color or national origin for the collection and reporting of racial/ethnic data as follows: 1. American Indian or Alaskan Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.
2. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia or the Indian Subcontinent including for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African American: A person having origins in any of the black racial groups of Africa. Terms such as “Haitian” or “Negro” can be used in addition to “Black or African American”. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, North Africa, or the Middle East. REAL PROPERTY--Land and buildings or immovable objects permanently attached thereto. RECIPIENT--Includes those authorized to receive SNAP, TANF, or SSI benefits and persons determined eligible to receive zero benefits, e.g., persons whose benefits are being recouped or suspended and TANF recipients whose benefits are less than $10 and, therefore, not payable. REFUSAL TO COOPERATE--A household that can cooperate but clearly demonstrates that it will not take required action even though it is able to do so. For example, to be denied for refusal to cooperate, a household must refuse to be interviewed, not merely fail to appear for the interview. RESIDENTS OF INSTITUTIONS--The institution provides an individual with more than 50% of three meals daily as part of normal services and is not authorized to accept SNAP benefits. Residents of institutions are generally not eligible to participate in SNAP. RESOURCE--Liquid or non-liquid assets which may include such items as savings/checking accounts, stocks, lump sum payments, vehicles, buildings, or property. RESTORATION--Additional benefits issued for a past month to compensate for an under issuance. ROOMERS--Individuals to whom a household furnishes lodging, but not meals, for compensation. S SAVE--(Alien Status) Systematic Alien Verification for Entitlement SDX--State Data Exchange SNAP E&T—Supplemental Nutrition Assistance Employment and Training Program SS--Social Security. As an income source this refers to any income from the Social Security office that is not SSI (e.g., RSDI, retirement, survivor, or disability). SSA--Social Security Administration
SSDIB--Social Security Disability Insurance Benefits. This is the disability portion of RSDI. SSI--Supplemental Security Income SSN-Social Security Number SEASONAL FARM WORKER--A person who works on a farm or ranch on a seasonal basis when the work is generally within commuting distance to his home. SELF-EMPLOYMENT--The act of engaging in a trade or business. A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. An individual does not have to make a profit to be in a trade or business if a profit motive exists. SEPARATE HOUSEHOLD--More than one household shares common living quarters but purchase and prepare their food separately. SHELTER COSTS--The amount of money required to provide housing (rent, mortgage payments, motel rates, etc.) and/or utilities (water, sewer, heat, electricity). SHELTER FOR BATTERED INDIVIDUALS AND CHILDREN--Public or private non-profit residential facility serving this group. SPONSORED ALIEN--A legal alien who entered the country based on an “Affidavit of Support” (INS Form I-864 or I864A) or similar written agreement executed by a sponsor on behalf of the alien. SPOUSE—Individuals married to each other. STRIKER--Anyone involved in a strike, work stoppage, slowdown or other interruption of operations mutually agreed on by employees. This includes a stoppage because of the expiration of a collective bargaining agreement. STUDENT--Individuals, age 18 or older, who are enrolled at least half-time in any recognized school, training program or institution of higher education; providing students in higher education also meet the eligibility requirements as an eligible student. SUPPLEMENT--Additional benefits issued for the current month to compensate for an under issuance. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT AND TRAINING - The SNAP work readiness program to assist SNAP recipients to become self-sufficient by providing needed employment related activities and supportive services. This program is currently available in three counties, Lewis & Clark, Missoula, and Yellowstone. T TANF--Temporary Assistance for Needy Families
TERMINATION--To close a case, remove the household from program eligibility, and stop the issuance of benefits to that household. THRIFTY FOOD PLAN--Diet required to feed a family in accordance with guidelines established by the U.S. Department of Agriculture. The cost of that diet is the basis for uniform allotments for all households. The thrifty food plan is based on 100% of the federal poverty level. TIMELY NOTICE-- Timely notice of action must be mailed to the household at least 10 days prior to the date of intended action. TRAFFICKING - 1. The buying, selling, stealing, or otherwise effecting an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards. 2. The exchange of firearms, ammunition, explosives, or controlled substances, as defined in section 802 of title 21, United States Code, for SNAP benefits. 3. Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount. 4. Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or 5. Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food. 6. Attempting to buy, sell, steal, or otherwise affect an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signatures, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone. TRANSACTION--A system performed process or an exchange of a negotiable commodity in a food related purchase. TRUST--A property interest held by one person for the benefit of another. TRUSTEE--The person(s) given the authority, by a written contract, to manage money set up in a trust. U UNCLEAR INFORMATION -- See SNAP 1501-1 “Reporting Requirements” UNDERISSUANCE--see “Supplement” and “Restoration”.
UNEARNED INCOME--All money received that is not earned by providing goods or services. Unearned income includes, but is not limited to, gifts, Social Security Income benefits, Veterans benefits, Workers’ Compensation payments, Unemployment Compensation payments, and Public Assistance grants. UTILITIES--The services provided for water, sewer, electricity, and heating fuel. V VENDOR--The person or business who provides goods or services. VERIFY--To check, confirm, or establish whether a statement or condition is true or accurate by obtaining a copy, viewing, or obtaining a verbal description of the evidence. VOLUNTARY QUIT--Resigning or being terminated from employment when continuing employment is within the participant/applicant’s control. VULNERABLE INDIVIDUAL-- A vulnerable individual, for the purpose of the NAC, includes but is not limited to, those who would be endangered by the dissemination of their information, regardless of their age or gender, such as a resident of a shelter for battered women and children, a resident of a domestic violence shelter, or a person who self-identifies as fleeing domestic violence at any point during application, recertification, certification, or addition of a new household member. W WEX--Work Experience (a Family Investment Agreement activity) WORC--Work Readiness Component WORK REGISTRATION--The act of signing the application or recertification form attesting to work registration requirements. X Y Z REVISED: 05/13/2025
SNAP 101-1 Confidentiality Supersedes: SNAP 101-1 (07/06/2022) References: 7 CFR 272.1; 273.2 Overview: Supplemental Nutrition Assistance Program (SNAP) case information is confidential under federal law. The Department of Public Health and Human Services (DPHHS) may share participant information for purposes directly connected with the administration of the public assistance programs, other federal programs, and certain entitled entities. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) Guidelines in the HIPAA manual must be followed concerning the release of protected health information. INFORMATION PROVIDED WITHOUT NOTICE TO OR PERMISSION OF PARTICIPANT The use or disclosure concerning confidential information of a SNAP applicant or recipient households without notice to or permission of the individual can be provided to the following: 1. Persons directly connected with the administration of the Child Support Program under part D, title IV of the Social Security Act to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under titles II and XVI of the Social Security Act. 2. Individuals establishing or verifying eligibility or benefits under Title II and Title XVI of the Social Security Act including Old-Age and Survivors Insurance, Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI). 3. Persons directly connected with the administration or enforcement of the provisions of the Food and Nutrition Act of 2008 or regulations, other Federal assistance programs, federally assisted state programs providing assistance on a means-tested basis to low-income individuals, or general assistance programs which are subject to the joint processing requirements in federal regulations. 4. Individuals directly connected with the administration or enforcement of the programs which are required to participate in the State Income and Eligibility Verification System (IEVS) to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts for those programs.
5. Employees of the Comptroller General’s Office of the United States for audit examination that is authorized by any other provision of the law. 6. Local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 or regulation. The written request shall include the identity of the individual requesting the information and his authority to do so, violation being investigated, and the identity of the person on whom the information is requested. 7. Local, state, or federal law enforcement officers acting in their official capacity, upon written request by such law enforcement officers that includes the name of the household member being sought, for the purpose of obtaining the address, social security number, and, if available, photograph of the household member, if the member is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony, or is violating a condition of probation or parole imposed under a federal or state law. The State agency shall provide information regarding a household member, upon written request of a law enforcement officer acting in his or her official capacity that includes the name of the person being sought, if the other household member has information necessary for the apprehension or investigation of the other household member who is fleeing to avoid prosecution or custody for a felony or has violated a condition of probation or parole imposed under Federal or State law. The State agency shall disclose only such information as is necessary to comply with a specific written request of a law enforcement agency authorized by this paragraph. 8. Agencies of the federal government for the purpose of collecting over issued SNAP benefits. 9. Individuals directly connected with the Systematic Alien Verification for Entitlements (SAVE) Program to the extent the information is necessary to verify identity and alien status for SNAP. 10. Local educational agencies administering the National School Lunch Program established under the Richard B. Russell National School Lunch Act or the School Breakfast Program established under the Child Nutrition Act of 1966, for the purpose of directly certifying the eligibility of school-aged children for receipt of free meals under the School Lunch and School Breakfast programs based on their receipt of Supplemental Nutrition Assistance Program benefits. Requests for information about current or past participants that do not meet the above criteria must be submitted in writing to the Public Assistance Bureau, Central Office. When there is a question about a breach of confidentiality, Central Office will refer the request to the Office of Legal Affairs. RELEASE TO PARTICIPANT OR DESIGNEE When there is a written request by a responsible SNAP household member or authorized representative to review material and information contained in its case file, the material and information in the case file are available to review during normal business hours. Privileged information may be withheld such as the name of individuals who have disclosed information about the household without the household’s knowledge, or the nature or status of pending criminal prosecution.
AUTHORIZATION OF INFORMATION BY PARTICIPANT An individual’s signature on the application allows the OPA to contact other persons or organizations to obtain necessary verification of any statements to determine initial eligibility. A signed release of information form is not a condition of eligibility, and the household is not required to sign a form. However, the OPA Case Manager should ask the household to sign a release of information form to enable the OPA Case Manager to assist the household in obtaining necessary information or verification to determine eligibility. Each adult household member should be given the opportunity to review and sign a release of information form since an individual cannot waive another’s right to confidentiality. If the household does not want to sign the form, it should be case noted that they were given the opportunity but did not sign the release of information. A participant always has the right to rescind in writing the authorization to release information. Human and Community Services Division (HCSD) currently has three release of information forms that are available for use. 1. HCS-101 form explains the participant’s right to confidentiality and gives the participant the option of signing the form to authorize the release of information or declining to authorize the release of information by not signing the form. The authorization expires one year from the date of the signature, so the household should have the opportunity to sign the form at application and yearly thereafter. 2. HCS-102 is used for only very specific information to be released and specifies a specific date the release expires. The HCS-102 is only used on a limited case-by-case basis. 3. HCS-103 is used for case management to share general information between agencies such as progress reports, enrollment, attendance, and participation. AGENCY PERSONNEL AND VOLUNTEERS Personnel used in SNAP eligibility determination process must be employed and classified in accordance with the employment and classification standards of the State of Montana and the Department of Public Health and Human Services. Only qualified program employees conduct the required eligibility determination interviews and determine eligibility for SNAP. Volunteers must be trained in sufficient detail and frequently enough to give correct information to households. Volunteers or other persons not employed by DPHHS may not conduct the required eligibility determination interviews and determine eligibility for SNAP. They may assist OPA Case Managers in related actives such as outreach, obtaining necessary verification, pre-screening applications, and assisting applicants in completing the application form. Volunteers are restricted from disclosing confidential information the same as DPHHS employees. Effective Date: December 15, 2023
SNAP 102-1 APPLICATION PROCESSING Civil Rights Supersedes: SNAP 102-1 (05/24/2022) References: 7 CFR 272.4, 7 CFR 272.5, 7 CFR 272.6 Overview: The State of Montana administers all aspects of the Supplemental Nutrition Assistance Program in compliance with the following USDA Nondiscrimination Statement. Discrimination in any aspect of program administration is prohibited by these regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975 (Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, section 504), Americans with Disabilities Act of 1990 (42 U.S.C. 12101) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Enforcement action may be brought under any applicable Federal law. USDA Nondiscrimination Statement In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508- 0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (833) 620-1071, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to: 1. mail: Food and Nutrition Service, USDA
1320 Braddock Place, Room 334 Alexandria, VA 22314; or 2. fax: (833) 256-1665 or (202) 690-7442; or 3. email: FNSCIVILRIGHTSCOMPLAINTS@usda.gov This institution is an equal opportunity provider. RIGHT TO FILE A COMPLAINT Individuals who believe that they have been subject to discrimination as specified above in the USDA Nondiscrimination Statement may file a complaint as described in that Statement and/or with the State agency. The State agency shall explain both the FNS and, if applicable, the State agency complaint system to everyone who expresses an interest in filing a discrimination complaint and shall advise the individual of the right to file a complaint in either or both systems. A complaint filed with the State of Montana can be made by mail or telephone at: Civil Rights Coordinator DPHHS – Human Resources P.O. Box 4210 Helena, MT 59601 Call (406) 444-3136 COMPLAINT REQUIREMENTS Any individual wanting to file a discrimination complaint shall be advised immediately of their right to do so and shall be given the necessary information (listed below) to file the complaint. When an individual asks for assistance with the complaint filing process, DPHHS staff shall assist the individual. A complaint must be filed no later than 180 days from the date of the alleged discrimination. All complaints shall contain the following information: 1. The name, address and telephone number or other means of contacting the person filing the complaint. 2. The name and location of the organization or office accused of the discriminatory practice. 3. A description of the alleged discrimination incident. 4. The reason for the alleged discrimination (race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity). 5. The names, titles (if appropriate) and addresses of individuals who may have knowledge of the alleged discriminatory acts; and,
6. The date(s) the alleged discriminatory action(s) happened. If a complainant makes allegations verbally and is unable or is reluctant to put the allegations in writing, the State employee to whom the allegations are made shall document the complaint in writing. Every effort shall be made by the individual accepting the complaint to have the complainant provide the information specified in 1-6 above. FIELD STAFF RESPONSIBILITIES 1. Inform individuals of their right to file a civil rights complaint with DPHHS and/or the Food and Nutrition Service (FNS) using steps identified above. 2. Describe the process to everyone expressing an interest in filing a complaint. 3. Advise individuals of their right to file a complaint and that any complaint filed with the State Office is forwarded to the appropriate Federal Office for investigation. 4. If the individual indicates they will submit a complaint directly to the USDA or State Agency, field staff will send an email to their direct supervisor within 1 business day alerting him/her that there is a potential civil rights complaint being submitted by the client – email must include the case number and brief description of the potential complaint. 5. If the individual makes verbal allegations and is reluctant to put their complaint into writing, field staff should attempt to obtain all required information from the client, document the complaint in writing and send this documentation to their direct supervisor within 1 business day. 6. Assure all complaints meet the requirements stated above. 7. Respond promptly to any requests from management regarding the complaint, and include your direct supervisor in any responses; and 8. Do not engage in any further discussion with the client about the complaint, if the client initiates additional conversation assure them that they will hear from the agency they submitted their complaint to within 10 business days and inform your direct supervisor of the discussion SUPERVISOR RESPONSIBILITIES 1. Acknowledge receipt of the information and remind staff member to not engage in any further discussion with the client regarding the complaint. 2. Forward information to Policy Bureau Chief within 1 business day of receipt. 3. Respond promptly to any requests from management regarding the complaint and include your direct supervisor on any response. 4. Train all staff involved with administering SNAP on an ongoing basis about civil rights requirements. 5. Ensure all offices involved in determining eligibility or issuing SNAP benefits display nondiscrimination posters approved or provided by FNS; and 6. Provide bilingual SNAP services in areas with a significant proportion of non-English or limited English-speaking persons
CENTRAL OFFICE & CIVIL RIGHTS COORDINATOR RESPONSIBILITIES 1. Policy Bureau Chief will communicate complaints received with the Civil Rights Coordinator and DPHHS legal team. 2. Copies of complaints are sent to the Regional Director in Denver and referred to the FNS Regional Office for Civil Rights within five days of receipt. 3. Publicize the federal procedures for filing a complaint regarding discrimination. 4. Respond to requests for information regarding nondiscrimination statutes and policies, complaint procedures, and the rights of clients within 10 days of the date of the request. 5. Include a nondiscrimination statement on all program informational material. 6. Ensure all graphics for SNAP information convey the message of equal opportunity by displaying clients of different races, colors, sexes, and national origins. 7. Acknowledge receipt of any civil rights complaints received within five days and advise the complainant of the action(s) planned with a copy (cc) to the Office of Public Assistance (OPA); 8. Maintain a log of all complaints received including complainant's name, date of incident, date of complaint, basis of complaint, and the resolution of the complaint including the date of resolution. Forward the associated records to FNS prior to issuing a final disposition of the complaint. 9. Maintain a file of all discrimination and general complaints for review by federal and state reviewers. 10. Train all staff involved with administering SNAP on an ongoing basis about civil rights requirements; and 11. Inform households and grassroots SNAP organizations of program changes RACIAL/ETHNIC DATA COLLECTION DPHHS obtains data on SNAP recipients by racial/ethnic category. Applicants are requested to voluntarily provide their race or ethnicity on application forms. The application form must clearly indicate that the information is voluntary, that it will not affect the eligibility or the level of benefits, and that the reason for the information is to assure that program benefits are distributed without regard to race, color, or national origin. The State agency must develop alternative means of collecting the ethnic and racial data on households, such as by observation during the interview, when the information is not provided voluntarily by the household on the application form. Revised Date: March 7, 2023
SNAP 102-2 APPLICATION PROCESSING General Complaints
Supersedes: SNAP 102-2 (09/01/2016) Reference: 7 CFR 271.6 Overview: Federal law requires states to maintain a system for handling general program complaints filed by clients, potenƟal clients, or other concerned individuals or groups. This does not include complaints alleging discriminaƟon based on the protected classes outlined under Civil Rights law, or complaints that can be pursued through the fair hearing process. DEFINITION OF GENERAL COMPLAINT: Any complaint regarding such areas as processing standards or service to clients and potenƟal clients. Examples of complaints: • Consistently late benefit delivery • Late processing of applicaƟons • Staff rudeness or misunderstandings • Concern about office hours or access • InformaƟon not being shared or telephone calls not being returned. HCSD CENTRAL OFFICE RESPONSIBILITIES: Central Office will maintain records for three full federal fiscal years of complaints received and their disposiƟon and will follow up to see that the complaints are responded to and resolved. The records will be reviewed at least annually to assess whether paterns of problems may be present in local offices, project areas, or throughout the state and to idenƟfy causes of those problems. When warranted, Central Office may have to take correcƟve acƟon in the resoluƟon of certain complaints. In addiƟon, Central Office will make informaƟon on the complaint system available to clients, potenƟal clients, and other interested persons. This can be done with writen materials, posters, or other appropriate means. FIELD OFFICE MANAGER AND SUPERVISOR RESPONSIBILITIES:
Field Office Managers and Supervisors are responsible for noƟfying clients and the public of their right to file general program complaints. The agency may make the informaƟon available through writen materials or posters at cerƟficaƟon offices or other appropriate means. They will maintain a central complaint log that contains at least the minimum informaƟon listed below and will follow up on complaints to see that they are responded to and resolved. Complaints need to be reviewed at least annually to see whether paterns of problems may be present and to idenƟfy possible causes of the problems. They are responsible to ensure that staff is trained on the proper processing of complaints. CLIENT SERVICE COORDINATOR RESPONSIBILITIES: Client Service Coordinators are responsible for recording complaints received and ensuring that they are documented, responded to, and resolved. COMPLAINT LOGS: Complaint logs need to contain the following minimum informaƟon: • Name, address and phone number or other means of contacƟng the complainant. • Name and locaƟon of the organizaƟon, office, or person the complaint is against. • The date(s) on which the acƟon causing the complaint occurred. • The reason for the complaint. • The acƟon taken and the resoluƟon or disposiƟon of the complaint. MONITORING: Complaint logs are rouƟnely reviewed during the SNAP Management EvaluaƟon (ME) Process and reviewed in OPA offices. Logs are evaluated for compleƟon, complaint resoluƟon, and are analyzed for paterns of problems and potenƟal causes and soluƟons. Compliance with the General Program Complaint procedure is noted in the report generated following all MEs. EffecƟve Date: March 6, 2024
SNAP 103-1 APPLICATION PROCESSING Application Filing/Interview Process
Supersedes: SNAP 103-1 (07/06/2022) References: 7 CFR 273.2; 7 CFR 273.14 Overview: The SNAP eligibility determination process includes filing and completing an application form, being interviewed, and verifying necessary information. A household has the right to file an application by submitting the completed forms to the Office of Public Assistance either in person, through an authorized representative, by mail, by completing an on-line electronic application, or by fax, telephone, or other electronic transmission. The household may submit the application to any Office of Public Assistance. All households have the right to apply or to re-apply for SNAP in writing. The eligibility staff shall neither deny nor interfere with a household's right to apply or to re-apply in writing. Only a name, address and signature are required to apply for SNAP. The date this information is received is the application date and the remainder of the application must be completed during the interview. FILING AN APPLICATION: When a household or authorized representative contacts the OPA and expresses interest in receiving SNAP assistance or expresses concerns which indicate food
insecurity, the OPA will encourage the household or authorized representative to file an application the same day it contacts the OPA. If the household contacts the OPA by telephone they must be given the option to apply for SNAP by providing their name, address and signature on a paper application, on-line application at apply.mt.gov, or by completing an interactive interview (Statement of Facts (SOF) with an eligibility staff member who has the capability to record the client assenting to the information (i.e., signing the application)). If the household wants to file a paper application but does not want to or can’t come to the office that day to file an application, or there is a written request for food assistance, the OPA must mail the household an application the same day it receives the request. A completed application cannot be required prior to scheduling an interview. When the household requests assistance with completing the application, the OPA will assist the household with completing its application. When a joint application is received for TANF cash assistance and SNAP benefits, the household must be informed that TANF work requirements (e.g., Family Investment Agreement/Pathways Employability Plan activities) do not apply to SNAP eligibility. If the household is encouraged to conserve its time-limited TANF benefits, the eligibility staff member must inform the household TANF time limits do not apply to SNAP eligibility and encourage the household to continue with its application for SNAP benefits. SIGNATURE TYPES AND REQUIREMENTS: An Application, Recertification, and Simplified Report must be signed to establish a filing date and to determine the deadline for acting on these forms. Signatures on these forms are required to certify a household. All households have the right to sign any SNAP form in writing. Acceptable unwritten signatures include electronic signature techniques, recorded telephonic signatures, and gestured signatures in face-to-face interviews. Criteria for all signatures. All systems for signatures must meet all the following criteria: 1. Record for future reference the household member’s assent (signature) and the information to which assent was given. 2. Include effective safeguards against impersonation, identity theft, and invasions of privacy. 3. Not deny or interfere with the right of the household to apply in writing. 4. Comply with the SNAP regulations regarding bilingual requirements.
5. Satisfy all requirements for a signature on an application under all laws and guidance applicable to SNAP, including civil rights laws. Telephonic signatures. The following provisions apply specifically to telephonic signatures: 1. The telephonic signature system must make an audio recording of the household's verbal assent and a summary of the information to which the household assents. An example of a telephonic signature is a recording of “Yes” or “No”, “I agree” or “I do not agree”, or otherwise clearly indicating agreement or disagreement during an interview over the telephone. An example of a summary of the information to which the household assents is a recording of a reiteration of the household's details agreed to during the telephone conversation. 2. The telephonic signature system must provide for linkage from the audio file of the recorded verbal assent to the application so that ready access to the household's entire case file is available. 3. The eligibility staff member shall promptly provide to the household member a written copy of the completed application, with instructions for a simple procedure for correcting any errors or omissions. APPLICATIONS BY OPA STAFF: Special handling is given to an employee's case and an employee's immediate family's case to avoid a conflict of interest and to ensure privacy. Cases having a conflict of interest between a household and an OPA employee are assigned to OPA staff accordingly by the Field Office Manager/Supervisor or designee. SCREEN FOR EXPEDITED PROCESSING: All SNAP applications must immediately be screened for expedited processing upon receipt. (SNAP 105-1). DATE OF APPLICATION: The date the application is received by the OPA is the application date. Eligibility staff members must document the application date on the application. If the application is received outside normal business hours, the OPA will consider the date of application the next business day. For online applications, the date of application is the date the application is submitted, or the next business day if it is submitted after business hours. For telephonic applications, the date of application is the date the household member provides verbal assent (i.e., telephonic signature).
An application (HCS-250 only) previously received regardless of whether the application was or was not processed for TANF or Medicaid can be used as a SNAP application if the household wants to apply for SNAP benefits and the application is less than 30 days old. If determined eligible, benefits are prorated from the request date. The application must be updated during the interview to ensure all SNAP information is captured. Self- Service Portal (SSP) Applications (apply.mt.gov) are dynamic in that applicants only answer questions relevant to the benefit program they selected; therefore, if a household wants to apply for another program after submitting an SSP application, they need to complete, sign, and submit a paper application or another online application. Households can also apply for additional programs by calling and telephonically signing a Statement of Facts application. NOTE: SNAP requires only a name, address, and signature (of any type) to submit an application. When a resident of an institution jointly applies for Supplemental Security Income (SSI) and SNAP benefits prior to leaving the institution, the application date is the date of discharge from the institution. Action must be taken on all applications received that contain at a minimum name, address and signature. The household may voluntarily withdraw its application at any time prior to eligibility determination. The OPA will document in case notes the withdrawal reason, if one was stated, and that the household was contacted to confirm the withdrawal. The household is advised of its right to reapply at any time after a withdrawal. The original application cannot be returned to the household even if the household requests withdrawal of its application. APPLICATIONS FILED THROUGH THE SOCIAL SECURITY ADMINISTRATION: In Montana, SSA offices will complete and forward SNAP applications to the OPA. Whenever a member of a household consisting only of SSI applicants or recipients transacts business at an SSA office, the SSA shall inform the household of: 1. Its right to apply for SNAP benefits at the SSA office without going to the SNAP office; and 2. Its right to apply at a SNAP office if it chooses to do so. The SSA will accept and complete SNAP applications, including the interview, received at the SSA Office from SSI households and forward them, within one working day after receipt of a signed application, to a designated office of the State agency. SSA shall also forward to the State agency a transmittal form.
An eligibility staff member shall make an eligibility determination and issue SNAP benefits to eligible SSI households within 30 days following the date the application was received by the SSA. Applications will be considered filed for normal processing purposes when the signed application is received by SSA. The expedited processing time standards shall begin on the date the State agency receives a SNAP application. Households in which all members are applying for or participating in SSI will not be required to see a state eligibility staff member or otherwise be subjected to an additional application interview. The SNAP application will be processed by the OPA including necessary interfaces and narrating a case note. The OPA shall not contact the household further to obtain information for certification for SNAP benefits unless the application is improperly completed; mandatory verification is missing; or, the OPA determines that certain information on the application is questionable. In no event would the applicant be required to appear at the OPA to finalize the eligibility determination. The SSA shall prescreen all applications for entitlement to expedited services on the day the application is received at the SSA office and shall mark “Expedited Processing” on the first page of all households' applications that appear to be entitled to such processing. The SSA will inform households which appear to meet the criteria for expedited service that benefits may be issued a few days sooner if the household applies directly at the SNAP office. The household may take the application from SSA to the SNAP office for screening, an interview, and processing. Re-certifications for these same households can also be completed at an SSA office with the same procedures stated above. APPLICATIONS FILED BY INCARCERATED INDIVIDUALS: Applications submitted by incarcerated individuals nearing their release date can be processed. The date the individual is SNAP eligible is the date the individual is released from the facility. This applies only to new applicant households, not to individuals joining an existing SNAP household. This does not apply to those being released to an ineligible institution (pre-release center). Incarcerated applicants are directed to the online application or provided a paper application, if requested, approximately 5-10 days before release. Applications received up to 30 days prior to the date of release can be processed. The interviews are completed by phone (with the permission and assistance from the facility). All non-waived SNAP regulations and rules apply to the application process. APPLICATION AND RE-CERTIFICATION COPIES:
The OPA/eligibility staff must offer to provide copies of all applications and re- certifications completed by households regardless of the method by which the applicant submitted the application or re-certification e.g., paper, online, SOF, etc. This offer, the decision by the household whether to receive a copy, and whether and when the copy was provided must be in case notes. The household will have the option to receive the copy of their completed application in electronic format. A copy of the completed application is a copy of the information provided by the client that the OPA has used or will use to determine a household's eligibility and benefit allotment. TIME FRAME FOR PROCESSING THE APPLICATION: The application must be processed to provide eligible households the opportunity to participate (receive benefits) as soon as possible, but not later than: 1. Thirty calendar days following the date of application for regular processing; or, 2. Seven calendar days following the date of application for households eligible for expedited services (SNAP 105-1). SNAP applications processed under regular processing timelines must be processed so the household will receive benefits by the 30th day following the date of application unless the application is properly pended for required verification needed to approve the application. The eligibility staff member must take into consideration mail time, weekends, and holidays. An application is considered properly pended until the 30th day following the application date if the verification requested is required information to approve the application such as income, questionable resources, household composition, etc. If a household reapplies for SNAP benefits after a break in participation of any length of time, benefits are prorated from the date the household reapplies for SNAP benefits (SNAP 104-4). EXCEPTION: In the case of migrant and seasonal farm worker households, the term “initial month” means the first month for which the household is certified for participation in SNAP following any period of more than 1 month during which the household was not certified for participation. INTERVIEWS: All households applying for SNAP benefits must have an interview conducted by qualified OPA staff prior to initial eligibility determination and at least once every 12 or 24 months thereafter depending on the household's circumstances. Any responsible
household member or an authorized representative can be interviewed. The household may bring any person they choose to the interview. Households applying online, by mail, fax, or other electronic transmission, or by telephone (if interview not completed) are sent a notice with a scheduled interview date and time. The OPA will contact the household at the scheduled time via phone to complete the interview. The OPA must schedule all interviews as promptly as possible to ensure eligible households receive an opportunity to participate within 30 days after the application is filed. If the household does not complete the interview within the given time frame, the household is issued a Notice of Missed Interview (NOMI). The NOMI must notify each household that misses its interview appointment that it missed the scheduled interview and that the household is responsible for rescheduling a missed interview. If the household contacts the State agency within the 30-day application processing period, the State agency must schedule a second interview. The State agency may not deny a household's application prior to the 30th day after application if the household fails to appear for the first scheduled interview. If the household requests a second interview during the 30-day application processing period and is determined eligible, the State agency must issue prorated benefits from the date of application. The purpose of the interview is to review the information on the application and inquire about and resolve any unclear and/or incomplete information. It is also used to advise the household of its rights and responsibilities, application processing standards and its reporting requirements. The interview is conducted as an official and confidential discussion of the household's circumstances. The household's right to privacy and confidentiality must be protected during the interview. Interviews can be conducted in-person, on the telephone or with a home visit. A home visit must be scheduled in advance with the household. The OPA must inform clients that the OPA will schedule the interview or provide a face-to-face interview if one is requested. RECERTIFICATION INTERVIEWS: The household is sent a Notice of Benefit Expiration by the 15thof the month prior to the month the certification period ends. The notice instructs the household ton call the toll- free Montana Public Assistance Help Line by the 10th of the month the certification period ends to complete an interview. The household has the right to request an in- person or in-home interview. The notice informs the household that the interview is a
recertification process requirement. The notice also instructs the household that when calling the Public Assistance Help Line, if they are not able to hold for the next available staff member, they can use the call back feature and leave a number where they can be reached. Their call will be returned on the same business day or the next business day depending on the time of day the call back was requested. If the household does not complete the interview within the given time frame, the household is issued a Notice of Missed Interview (NOMI). The NOMI must inform the household they have until the end of their certification period to complete the interview without having to submit a new application form. EFFECTIVE DATE: May 6, 2026
SNAP 103-3 APPLICATION PROCESSING Household Rights and Responsibilities
Supersedes: FS 103-3 (07/06/2022) Reference: 7 CFR 273.1 and 7 CFR 273.2 Overview: The Office of Public Assistance (OPA) will inform all household applying or recertifying for SNAP benefits of their rights and responsibilities using form HCS-220. The form also informs households of their reporting requirements. The household is not required to sign the form. Benefits cannot be pended or denied for not signing the form. Rights and Responsibilities, Reporting Requirements, and Processing Standards are also required to be reviewed with applicants in application and recertification interviews (SNAP 103-1). HOUSEHOLD’S RIGHTS: Households applying for or receiving SNAP benefits have the right to: 1. Have their Civil Rights protected. 2. Be informed that case information is confidential and is shared only for purposes directly related to the administration of the SNAP program. 3. Request help to complete forms (including voter registration) and obtain required verification. 4. Have interpreter or translator services at no cost or delay. 5. Request an appointment outside regular business hours to accommodate work schedule. 6. Have the application processed and receive a written eligibility determination decision within 30 days following the application date unless the OPA is unable to make an eligibility determination due to circumstances beyond the OPA’s control. 7. Request a fair hearing if they disagree with any action taken on their case. 8. Request management review of an employee decision without affecting rights to a fair hearing. 9. Receive SNAP benefits within 30 days following the application date if determined eligible. 10. Receive SNAP benefits within seven days if determined eligible for expedited processing. 11. Receive a written notice in most cases mailed at least 10 days before benefits are decreased or closed. 12. Be informed of eligibility and benefit changes. 13. Be assisted with the application/recertification process by individual(s) of their choice.
14. Be informed of the consequences for not complying with all required nonfinancial and financial eligibility requirements. 15. Be informed of intentional program violation and fraud disqualification penalties. 16. Claim good cause for not complying with certain eligibility requirements.
HOUSEHOLD’S RESPONSIBILITIES: Households applying for or receiving SNAP benefits have the responsibility to: 1. Complete and sign the application form and any other required forms. 2. Report changes according to their reporting requirements. 3. Provide an SSN for all household members requesting to participate in SNAP unless good cause exists (SNAP 303-1). 4. Provide all information/verification as requested within the time specified; and 5. Comply with all program requirements and requests for verification/information such as cooperation with Program Compliance reviews. Effective Date: May 29, 2024
SNAP 103-5 APPLICATION PROCESSING Verification
Supersedes: SNAP 103-5 03/16/2023 Reference: 7 CFR 273.2(f); 7 CFR 273.2 (b)(1)(i); 7 CFR 273.14(b)(4); Federal Register/Vol. 77, No. 156 Overview: Verification is the use of documentation or a contact with a third party to confirm the accuracy of statements or information. Households must be given at least 10 days to provide verification. If the last day to provide verification falls on a weekend or holiday, households are allowed through the next business day to submit the verification. NOTE: Requests for verification listed on application and recertification approval notices are not considered 10-day request for verification notices. Also, the notice, SNAP Benefit Notice of Expiration (with required interview information) is not considered a 10-day request for information notice. A separate notice after the interview but prior to authorizing benefits must be sent allowing the household at least 10 days to provide verification. At application, when adding a new household member, and at recertification, eligibility staff must query available computer systems. These systems are eDRS (nationwide list of disqualified individuals), SEARCHS (child support), MISTICS (wages and unemployment), SOLQ (social security), property search, etc. to establish the accuracy of statements on the application/recertification. At the Simplified Report, eligibility staff must query computer systems for information that is available and is pertinent to the case.
If there is a match in the eDRS, eligibility staff must contact the originating state and allow the state 20 days to provide the disqualification verification. If the verification is not received within 20 days, the eligibility supervisor notifies the SNAP Policy Specialist. NOTE: This requirement does not change the expedited SNAP process. Identity is the only required verification for an expedited case. Eligibility staff must continue to process expedited benefits timely; however, for ongoing benefits the eDRS match must be conducted prior to eligibility determinations. If the originating state fails to provide documentation within the 20-day timeframe, the eligibility staff member must determine eligibility if otherwise eligible. If the originating state later verifies the eDRS match, the eligibility staff member is required to apply the SNAP disqualification, provide the household a notice of adverse action (1503-1) and establish an overpayment. If the eligibility staff member could have known information at Application, Recertification, Simplified Report, or when adding a household member via a query but does not query or does not correctly query the other computer systems, it is considered an agency caused error. DUE DATES FOR VERIFICATION: If an application has been processed/issued as expedited and verification(s) are needed for ongoing benefits, eligibility staff sends a notice allowing the household at least 10 days or to the end of the expedited issuance period, whichever is longer to provide requested verification. If an application is being processed under regular processing procedures: • The eligibility staff member denies the application 10 days after the verification request date when an applicant fails to provide the required verification, provided that the household was interviewed. • The OPA informs households of the 10-day standard in writing and notifies households at the interview of the date any missing verification must be provided. • The OPA will not deny an application for failure to provide any missing verification within 10 days unless an interview was completed. • The OPA assists households in obtaining verifications. • Households that fail to provide required verification after the 10-day period may be denied. If the verification is provided within 60 days of the application date, the OPA acts on the verification without requiring a new application.
• If the household provides missing verifications within the initial 30-day period, the OPA reopens the application and if eligible, provides benefits from the applications date. If the household does not provide the missing verification until the second 30 days after filing an application, the OPA reopens the application and provides benefits from the date the household furnished the missing verification. When a Recertification, Simplified report, or an ongoing case is processed, eligibility staff must send a notice allowing the household at least 10 days to provide requested verification. TYPES/SOURCES OF VERIFICATION: Types of verifications include: 1. Documentary evidence is written confirmation of a household’s circumstances. It is used as the primary type of verification. Although documentary evidence is the primary type of verification, acceptable verification is not limited to a single type of document and may be obtained through the household or other source. Eligibility staff must document the documentary verification source, the information verified, and the date the verification was received in case notes. 2. Collateral Contact is an oral or written confirmation of a household’s circumstances by a person outside of the household. Examples of acceptable collateral contacts may include employers, landlords, social service agencies, migrant service agencies, and neighbors of the household who can be expected to provide accurate third-party verification. The collateral contact may be made either in person or by telephone. The OPA may choose a collateral contact if the household does not designate one or designates one that is not acceptable. The eligibility staff member should only disclose the information that is necessary to obtain the needed information. When talking to a collateral contact, eligibility staff should try to avoid disclosing that the household is applying for SNAP benefits and try to avoid disclosing any information the household supplied. If a collateral contact is used to verify the information, case notes must be documented with the collateral contact’s name and phone number, the information verified, and the date the information was verified. 3. A Home Visit may be used as verification only when documentary evidence is insufficient or cannot be obtained to make an accurate eligibility determination. A home visit must be scheduled with the household in advance. RESPONSIBILITY FOR PROVIDING VERIFICATION:
The household has the primary responsibility for providing documentary evidence to support statements on the application and to resolve any questionable information. Households may provide verification in person, through the mail, fax, e-mail, or through an authorized representative. The eligibility staff member will assist the household if the household is cooperating with the application process. NOTE: A client has authorized federal, state, and local agencies to verify information if needed to determine eligibility by signing the ‘Application for Assistance’. The ‘Release of Information’ is NOT required but is a useful tool when businesses, agencies, etc. will not release information without a signed release of information statement. VERIFICATION AT APPLICATION: The following information must be verified prior to SNAP eligibility determination and issuance for non-expedited application processing: 1. Residency – verify to the extent possible in conjunction with verification of other information. If verification cannot be accomplished in conjunction with the verification of other information such as rent/mortgage payment, a utility expense, identity, etc. eligibility staff may use a collateral contact or other readily available documentary evidence. There is no durational residency requirement. The household is not required to reside in a permanent dwelling, or have a fixed mailing address, or demonstrate intent to reside permanently in the state. Applicants living anywhere in Montana for any purpose other than a vacation, regardless of the length of time they have been in Montana or plan to stay, meet residence requirements. Persons living in tents, vehicles, campers, under bridges, campsites, etc. meet residence requirements. An application must not be denied if the eligibility staff member and the household have made a reasonable effort to verify residency, but verification is difficult to obtain. 2. Identity – Verify the identity of the person making the application. If an authorized representative applies on behalf of a household, the identity of both must be verified. Identity may be verified through readily available documentary evidence, or through a collateral contact. Acceptable verification may include but is not limited to driver’s license, work or school I.D., I.D. for health benefits or for another assistance or social service program, birth certificate, Social Security card, and wage stub. Any documents reasonably establishing the identity must be accepted and not
requirement for a specific type of document such as birth certification can be required. Only one document that establishes identity can be required. NOTE- Identity must be verified before authorizing expedited benefits. We must attempt to verify identity through collateral contact if all other methods have been exhausted. It is unacceptable to deny expedited benefits without thorough attempts by the agency to verify identity. PLEASE SEE “COLLATERAL CONTACT” SECTION ABOVE. 3. Eligible alien status – verify each alien applicant’s eligibility status. Alien status is normally verified through U.S. Citizenship and Immigration Service (USCIS) Forms I-94, I-151, Passport, G-641, or I-688 (SNAPa 301-2) If an individual chooses not to provide verification of their eligible alien status and does not want eligibility staff to contact ISCIS to verify their immigration status, the household may choose to withdraw the application or to participate without that member’s needs included in the benefit determination. 4. Social Security Number (SSN) – verified through the agency system interface with SSA. Hard copy verification is not required. Providing an SSN for each household member is voluntary. However, if an SSN is not provided, the individual cannot participate in SNAP unless the individual meets good cause. (SNAP 303-1) Eligibility determination or benefit issuance must not be delayed to an otherwise eligible household solely to verify another household member’s SSN. Once a SSN is verified the eligibility staff member must make a permanent notation in its file to prevent the unnecessary re-verification of the SSN in the future. If an individual does not have or is unable to provide a SSN and wants to participate in SNAP, the individual must apply for a SSN. If the household is unable to provide proof of a newborn’s SSN application, the household must provide the SSN or proof of application at its next recertification or within six months following the month the baby is born, whichever is later. If the household is unable to provide a SSN or proof of SSN application within those time frames, the eligibility staff determine if good cause is applicable (SNAP 303-1). Generally, the SSN application process begins while the mother is still in the hospital. If a newborn’s SSN application is made prior to the mother leaving the hospital, the SSN application from the hospital is acceptable verification. 5. Household Composition – verify factors affecting the household composition, if questionable. Please refer to 201-1 for specific details related to Household Composition.
6. Disability – verify the individual meets the definition of disabled defined in the glossary (SNAP 0-4). Acceptable verification includes but is not limited to the client receiving Supplemental Security Income (SSI), Social Security disability/blindness benefits, or Veterans Administration (VA) benefits due to being 100% disabled. 7. Student status – verify eligible student status (SNAP 201-5). 8. Gross non-exempt income – verify all non-exempt income. Non-exempt interest income, of any amount, received by a household, must be verified. Acceptable verification includes but is not limited to: pay stubs, W-2 forms, employer wage verification form, income tax forms and returns, bookkeeping records, bank account statements, sales and expenditure records, award letters (unemployment insurance, Veteran’s Administration, pension, Railroad Retirement); support and alimony payments (court order, divorce decree, or separation papers); contribution checks; benefit warrants, current SDX or BENDES interfaces, SEARCHES, and MISTICS for Montana Unemployment Insurance (SNAP 500 through SNAP 503-2). If the household cannot provide acceptable documentary proof of income, they must identify a collateral contact that eligibility staff can contact to obtain the verification. When all attempts to verify the income are unsuccessful because the person or organization providing the income does not cooperate with the household or OPA and all other verification sources are not available, the best available information is used to determine the amount to prospectively budget. 9. Deductible expenses: The eligibility staff member will assist the household with obtaining verification when required if the household is cooperating with the application process. If the client reports an expense but doesn’t submit verification (when required), the expense is removed, and eligibility is determined without it. a. Child support obligation – verify the household’s legal obligation to pay child support, the obligation amount, and monthly amount of child support the household pays. Acceptable verification may include but is not limited to canceled checks, wage withholding statements, verification of withholding from unemployment compensation, statements from custodial parent, and SEARCHES (SNAP 602-2). b. Medical expenses – verify medical expenses including the reimbursement amount (SNAP 602-3). When documentary evidence cannot be obtained or is insufficient to
determine the deduction amount, eligibility staff should reasonably attempt to verify information with a collateral contact (SNAP 602-3). c. Shelter expenses – all allowable shelter expenses must be verified at application and recertification. (SNAP 602-4). d. Utility expense – the household’s obligation to pay for heating, cooling, cooking fuel, electricity, water, sewage, garbage, and telephone expenses including charges for initial installation of the utility must be verified. (SNAP 602-4). Acceptable forms of verification includes but is not limited to: utility bills, canceled checks, copies of money orders, landlord form completed by the landlord. e. Dependent care – All dependent care expenses must be verified with hard copy verification or collateral contact. Hard copy verifications may include receipts, billing statements from the provider, and scholarship/assistance statements. These verifications must include the provider’s name and contact information, provider type, rate, total amount paid, hours/days of care provided and scholarship/assistance amount if applicable. If the provider is an individual, a signature is required. If no hard copy verification is available, collateral contact is acceptable. If using collateral contact, please gather the pertinent information above and case note thoroughly. Also see section 602-2.
10. Questionable information – verify all information that is inconsistent, incomplete, or outdated. a. Inconsistent information – the household’s statements on the application or during the interview are contradictory, do not agree with information in the case file/CHIMES, or do not agree with information the eligibility staff member knows to be factual. The household must be given at least 10 days to resolve the discrepancy prior to an eligibility determination when information from another source contradicts statements made by the household. b. Incomplete information – gaps in information or facts. c. Outdated information – is information too old to be considered valid. It depends on the piece of information in question whether it is considered outdated. VERIFICATION AT RECERTIFICATION:
Unchanged information is not re-verified at recertification unless the information is incomplete, inaccurate, inconsistent, or outdated. The following information is verified: 1. Change(s) in income if the source has changed or the amount has changed by more than $50. Income verification is not required if the source has not changed and the amount is unchanged or has changed by $50 or less, unless the information is incomplete, inaccurate, and inconsistent or outdated. This provision also applies to changes reported during the certification period. NOTE: Generally, income that fluctuates from month-to-month changes more than $50 and is verified at recertification. 2. Shelter expenses-utility expenses, rent/mortgage, homeowner’s insurance, property taxes, must be verified at each recertification. (SNAP 602-4) 3. Previously unreported medical expenses and total recurring medical expenses that changed by more than $25. Verification of total medical expenses claimed by the household that have not changed or have changed by $25 or less are not required unless the information is incomplete, inaccurate, inconsistent, or outdate. 4. Change(s) on the household’s legal obligation to pay child support, the obligation amount, and monthly child support amount the household pays to a non- household member. Reported unchanged information is not verified unless the information is incomplete, inaccurate, inconsistent, or outdated. 5. An able-bodied adult without dependents must verify work hours if they are meeting the work requirement by working, participating in the SNAP Employment and Training program, or by participating in a work program that is not operated or supervised by the state. 6. Other information that has changed, such as dependent care, student status, fleeing felon, drug conviction, etc. Unchanged information is not verified unless the information is incomplete, inaccurate, inconsistent, or outdate. Effective Date: June 15, 2023
SNAP 103-6 APPLICATION PROCESSING Voter Registration
Supersedes: SNAP 103-6 (07/06/2022) Reference: National Voter Registration Act of 1993 (NVRA); 52 USC § 20501, et. seq.; §13-2- 221, MCA. Overview: At a minimum, the following must be available to program applicants at public assistance agencies: 1. Mail voter-registration application (MT-RVA) forms at the time of each program application, recertification, or change of address, unless the applicant, in writing, declines to register to vote; 2. Assistance in completing the form, unless the applicant refuses assistance; and, 3. Acceptance of completed voter-registration forms for transmittal to state election officials. Under the law, such agencies are required to provide each applicant who registers to vote with the same degree of assistance in completing the voter-registration form as is provided in completing program forms, unless the applicant refuses such assistance. DPHHS must provide individuals who do not decline voter registration or assistance in completing forms with: 1. A Montana Voter Registration Application (MT-VRA); 2. Assistance in completing the MT-VRA; and 3. Collection of completed MT-VRAs from clients. DPHHS is also required to: 1. Provide specific notes to individuals regarding their NVRA rights; 2. Accept and submit completed MT-VRAs to the election administrator in the individual’s county of residence; and, 3. Report information to the Montana Secretary of State regarding the actions DPHHS undertakes to fulfill its duties under the NVRA and § 13-2-221, MCA.
No DPHHS employee may:
1. Seek to influence an applicant’s political preference or decisions; 2. Display on State property any political preference or party allegiance; 3. Make any statement to take any action to discourage an applicant from registering to vote; 4. Make any statement or take any action that leaves an applicant with the impression that a decision to register or not register has any bearing on eligibility for or receipt of a program benefit; or, 5. Disclose the identity of any applicant for public assistance to the public or the voter registration agency.
Effective Date: May 6, 2024
SNAP 104-1 APPLICATION PROCESSING Application Approval or Denial
Supersedes: SNAP 104-1 (04/25/2023) Reference: 7 CFR 273.10, 7 CFR 273.2(g)(3), 7 CFR 273.2(a)(2), 7 CFR 273.2(c)(6), 7 CFR 273.2(f)(1)(ix), 7 CFR 273.12(a), 7 CFR 273.12(c)(2)(ii) Overview: All non-expedited applications must be approved or denied within 30 days following the date of application. Processing delays are the only exceptions to this rule. ACTIONS WHEN APPLICATION IS APPROVED: When an application is approved: 1. Authorize the benefit amount(s); 2. Send the appropriate approval notice including reporting requirements; 3. If an application is completed on the telephone and signed telephonically, it must be sent to the applicant with written instructions about how they can easily change incorrect information and that they must report these corrections within 10 days of the notice; 4. Send notification of eligibility for free school meals/milk to all households with school-aged children 3 years old and older; and, 5. Document in case notes in sufficient detail to determine the reasonableness and accuracy of the eligibility determination. DEFINITIONS OF “ELIGIBILITY” AND MINIMUM ALLOTMENTS: Federal law provides the basic eligibility rules for SNAP. There are two basic pathways to gain financial eligibility for SNAP:
(1) Having income and resources below specified levels set out in federal SNAP law (regular eligibility); or, (2) Being “categorically,” or automatically, eligible based on receiving benefits from other specified low-income assistance programs. Traditional Categorical Eligibility (CE) describes households in which all members receive or are authorized to receive CASH assistance funded by TANF, TANF Post Employment, Tribal TANF, or SSI. Expanded categorically eligible (ECE) describes households in which all members receive or are authorized to receive non-cash assistance (in Montana this is the TANF Information and Referral Services brochure). Traditional Categorical Eligibility (CE) and Expanded Categorical Eligibility (ECE) policies are described in more detail in SNAP 304-1. If the prorated benefits amount for the initial month’s allotment is less than $10, the allotment is not issued for the initial month. All eligible (including Regular, Categorically Eligible, and Expanded Categorically Eligible) one and two person households receive a minimum monthly allotment, except for the initial month when the allotment is not issued. All eligible households with three or more members eligible for a benefit amount receive that benefit amount except for the initial month when the allotment is not issued. All eligible households (including Regular, Categorically Eligible, and Expanded Categorically Eligible) with three or more members passing the gross monthly income (GMI) and net monthly income (NMI) tests but are not eligible for a benefit amount are denied or closed. ALLOTMENT PRORATED FOR MONTH OF APPLICATION: The SNAP benefit amount for the initial month of application is prorated from the application date to the end of the month. The benefit amount is calculated for a household applying on the 31st as though it applies on the 30th. COMBINED ALLOTMENTS: A household receives, on the same day, a prorated allotment for the application month as well as the full allotment for the following month when the following criteria are met: 1. Applies on or after the 16th of the month; 2. Completes the application process;
3. Is determined eligible to receive benefits for the initial application month and the next month under normal or expedited processing guidelines; and, 4. The initial and next month's benefits are authorized on the same day. NOTE: If for any reason benefits are authorized on two separate days, the second month's allotment is not issued until the normal issuance cycle for the month. SUSPENSION OF BENEFITS: Per 7 CFR 273.12(c)(2)(ii), suspension of benefits for one month may occur. The Eligibility Worker may suspend a household's certification prospectively for one month if the household becomes temporarily ineligible because of a periodic increase in recurring income or other change not expected to continue in the subsequent month. If the suspended household again becomes eligible, the State agency shall issue benefits to the household on the household's normal issuance date. All changes must be verified. This type of situation is often seen in the first three months from application date. It is possible, due to prospected income that is known to be changing in the second month, that SNAP would be authorized for month one, denied for month two (due to a prospectable and known increase in income), and then authorized for month three (due to a verified decrease in that income). EXAMPLE- A person applies in May who has just been hired for a job. Due to the timing, the person is eligible for May benefits. They provide verifications that their hours during training will exceed those once training is completed. Because of the abnormally high income during training, they are not eligible for June benefits. It has been verified, however, that ongoing hours and income will decrease which makes them again eligible in July. These must be known and verified changes for this to occur. CHIMES handles these situations correctly.
CHANGES REPORTED AFTER THE INTERVIEW: A household is required to report all changes related to its eligibility and benefit amount at the application and recertification interview. A household is required to report changes per the household's reporting requirements after receiving the notice of eligibility (approval notice). If a change is reported after the interview but before the notice of eligibility (approval or denial notice) is mailed, the change is acted on within 10 days of the change being reported regardless of the household's reporting requirements. A notice is sent to the
household allowing 10 days to verify the change. This change is included in the application eligibility determination. Benefits are not delayed (held or pended) beyond the 30th day following the date of application waiting for verification. EXCEPTION: Resources available at the time the household is interviewed are used to make the resource determination. Changes in resources that occur or are reported after the interview but prior to the notice of eligibility (approval or denial notice) being mailed to the household are disregarded for the month of application. The changes must be considered in determining resource eligibility for the second month's benefit unless the second month's benefit was already issued or timelines do not allow for an adverse action notice to be sent to the household (SNAP 400). If there are 10 days before the 30th day of the application processing time frame to verify a change, eligibility is not determined until verification is received. A notice is sent allowing at least 10 days to provide verification of the change. The change is included in the initial application eligibility determination. If there are not 10 days before the 30th day of the application processing time frame to verify a change, the application eligibility determination is based on information requested at the interview. A notice is sent allowing 10 days to provide verification of the change. If the verification is received before eligibility is determined and the notice of eligibility (approval notice) is mailed to the household, the change is included in the application eligibility determination. If the verification is received after eligibility is determined and the notice of eligibility (approval notice) is sent to the household, the change is included in the eligibility determination for the month after receipt of the verification following notice of adverse action procedures. DENIAL OF APPLICATION: When it is known the applicant is ineligible for benefits for the application month AND the applicant does not anticipate a change, the application is denied without waiting until the 30th day. EXCEPTION: If the household states that their income would make them ineligible, we still need to pend for this income. We must give the household an opportunity to verify their income. The household should be advised of income standards. If no verifications are submitted, the application is denied. However, if the applicant anticipates a change that allows eligibility in the second month, verifications are requested to be provided within 10 days after the date of request for verification notice (only after the interview has been done). If eligible in the second month, a notice is sent informing the household the application was denied for the first month and approved for the second month.
If a household member or authorized representative is interviewed but does not provide all the necessary information/verification requested in the notice, the application will be denied 10 days after the date of request for verification notice. See SNAP 104-4, Early Denial Policy section, for further detail about denial in these cases. If a household member or authorized representative does not complete the initial interview, the notice of missed interview (NOMI) is sent no later than the day after the interview was scheduled or due. The notice informs the household of its responsibility to reschedule the interview if it wants to continue the application process. The OPA may not deny an application before the 30th day for missing its first scheduled interview. If a household member or authorized representative does not complete an interview and has made no subsequent contact expressing interest in pursuing the application, the denial notice is sent on the 30th day following the application date. The notice informs the household that it must report all changes in its circumstances since the application was received. Households who do not complete the interview within the 30-day window must reapply. HOUSEHOLD-CAUSED PROCESSING DELAYS: If the household has not completed all application processing requirements within 30 days following the date of application, the cause of the delay is determined. The following must occur before it is determined if the household caused the delay: 1. If the application is incomplete, the eligibility staff member must have offered, or attempted to offer the household assistance with completing the application. 2. If required verification is not provided: a. The household must have been provided with a listing of all the required verification needed to process the application and allowed at least 10 days to provide the verification. b. The eligibility staff member must have offered to assist the household in obtaining required verification. 3. If a household member or an authorized representative did not complete the initial interview, the notice of missed interview (NOMI) must have been sent no later than the day after the interview was scheduled or due (per the on-demand interview notice sent on the day of application). The NOMI must inform the household of its responsibility to reschedule or complete the interview within 30 days from the application date. Households who do not complete the interview within 30 days from the application date must reapply. AGENCY-CAUSED PROCESSING DELAYS:
When it is determined the cause for the delay in processing the application is agency- caused, immediate corrective action must be taken. A notice is sent by the 30th day following the application date informing the household that its application is pending. The household is notified of any action it must take to complete the application process. If the household is found eligible during the second 30-day period, benefits are retroactive to the month of application. If the household is found to be ineligible, the application is denied and a denial notice is sent to the household. DELAYS BEYOND 60 DAYS: If the processing delay is due to the agency not completing the application process by the end of the second 30-day period, the application continues to be processed until an eligibility determination is reached. If the household is determined eligible and the agency was responsible for the delay in the initial 30 days, the household receives benefits retroactive to the month of application. If the household was responsible for the delay in the initial 30 days and is subsequently determined eligible in the second 30- day period, the benefit amount is prorated from the date the household provides the requested information and/or verification. If the household is at fault for not completing the application process by the end of the second 30-day period, the application is denied. If the household still wants to receive SNAP benefits, a new application is required. VOLUNTARY WITHDRAWAL: The household may voluntarily withdraw its application prior to the eligibility determination. Voluntary withdrawal means the household contacts the agency on its own initiative either orally or in writing and requests the application processing stops. If known, the reason for the withdrawal is documented in case notes and that contact was made with the household to confirm the withdrawal. The household is advised of its right to reapply at any time after a withdrawal. The application form is retained by the OPA. REFUSAL TO COOPERATE: Refusal to cooperate means the applicant can cooperate but clearly demonstrates orally or in writing they will not take required steps to complete the application process. The applicant is provided reasonable assistance with completing the application or obtaining verification before denying the application for refusal to cooperate. If there is any question as to whether the applicant merely failed to cooperate as opposed to refused to cooperate, the application is not denied unless it is clear the applicant is
refusing to cooperate or the time limits have expired for application processing. If an applicant clearly demonstrates refusal to cooperate orally or in writing, the application is immediately denied and the applicant's refusal to cooperate with the application process is thoroughly documented in case notes. To deny eligibility for the refusal to appear or call for an interview or provide verification, the applicant must clearly refuse orally or in writing and not merely fail to appear or call for the interview or fail to provide specific verification needed to determine eligibility. The applicant may reapply (SNAP 104-4) but is not determined eligible until he/she cooperates fully with the application process. An applicant is not determined ineligible when someone outside the household fails to cooperate with a request for verification. Individuals who are required filing unit members are not considered outside the household simply due to not being in the assistance unit such as disqualified or ineligible individuals. STATE OR FEDERAL QUALITY CONTROL REVIEW NON-COOPERATION: If a household’s SNAP case is denied or closed for refusal to cooperate with a State Quality Control (SQC) review or a Federal Quality Control (FQC) review, the household may reapply for SNAP benefits but cannot be determined eligible until it cooperates with the SQC review or FQC review. When unsure of the status of the noncompliance, contact the Program Compliance Unit to confirm the status of the household's cooperation or non-cooperation with the review of the case. If a household reapplies for SNAP benefits during the disqualification period, the household has 30 days following the application date to cooperate with the SQC review. If the household cooperates with the SQC review within 30 days following the application date, benefits are determined/prorated from the date the client complies with QC’s requirements. When a household's SNAP case is closed for refusal to cooperate with State QC, and the household reapplies for SNAP benefits 125 days after the end of the annual State QC review period, the application is processed as a new application because the disqualification ended. The household is no longer required to cooperate. The annual State QC review period is October 1 through September 30; and 125 days after the end of the period is February 2nd. State agencies shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with a State Quality Control Reviewer and reapply after 95 days from the end of the annual review period. State agencies shall verify all factors of eligibility for households that have been
terminated for refusal to cooperate with a Federal Quality Control Reviewer and reapply after seven months from the end of the annual review period. Effective Date: May 6, 2026
SNAP 104-4 APPLICATION PROCESSING Re-application/Revert to Open Supersedes: SNAP (02/01/2017) Reference: 7 CFR 273.10, 7 CFR 273.2; Waiver for Early Denial Overview: When an individual reapplies for SNAP benefits after a break in participation of any length of time, benefits are prorated from the date of the re-application. The exception is: migrant and seasonal farm worker households who receive a full month’s benefits if they reapply after a break in participation of less than 30 days. Reverting a case to open can be done in situations outlined below. REAPPLICATION WITHIN 30 DAYS OF ORIGINAL APPLICATION: The eligibility determination for denying the original application before the 30th day must be documented in case notes, and the appropriate denial notice sent to the household. A new application must be filed if a household reapplies due to a change in circumstances within 30 days of the original application being denied. A new application is not required if the original application was denied 10 days after the date of request for verification when the applicant failed to provide the required verification (see Early Denial Policy below). The original application that is less than 30 days old, if denied for a reason other than providing verifications, may be used as a new application. A new interview is required and the information on the application is updated at the interview. The application does not need to be re-signed by the household, but the application must be date-stamped with the date the application is restored at the request of the household. REVERTING A CASE TO OPEN: A SNAP case is only reverted to open when: 1. The case was closed or denied in error. 2. The household complies with the eligibility requirement causing closure before the effective date of the closure; or NOTE: If the household complies with the eligibility requirement causing closure after the effective date of closure, it must reapply.
3. The household submits verifications that were due by the 10th day after the request for verifications but by the 30th day of the application (if an interview is done), the case will be reverted to open. See Early Denial Policy below. 4. The household requests continued assistance pending a Fair Hearing if it does not extend beyond the recertification date. A recertification must take place even if the case is pending a Fair Hearing. EARLY DENIAL POLICY: The OPA will deny an application 10 days after the date of request for verification when an applicant fails to provide the required verification, provided that the OPA interviewed the household. • The OPA will inform households of the 10-day standard in writing and notify households at the interview of the date by which the household must provide any missing verification. • The OPA will not deny an application for failure to provide any missing verification within 10 days unless an interview was completed. • The OPA will assist households in obtaining verifications. • Households that fail to provide required verification after the 10-day period may be denied. If the verification is provided within 60 days of the application date, the OPA will act on the verification without requiring a new application. • If the household provides missing verification within the initial 30-day period, the OPA will reopen the application and, if eligible, provide benefits from the date of application. If the household does not provide the missing verification until the second 30 days after filing an application, the OPA will reopen the application and provide benefits from the date the household furnished the missing verification. • The Notice of Denial sent after 10 days from verification request must notify the client: o Why the application was denied; and o The application will be reopened if the required verification is received within 30 days of the date of application and benefits will be provided from the date of application. Effective Date: July 18, 2022
SNAP 105-1 APPLICATION PROCESSING Expedited Services
Supersedes: SNAP 105-1 (07/18/2022) References: 7 CFR 273.2, 7 CFR 273.15, 7 CFR 274.2 Overview: The intent of expedited services is to provide SNAP benefits within seven calendar days from the date of application to eligible households in immediate need. The seven calendar days include weekends and holidays and do not lengthen time frames to process expedited benefits. FAIR HEARING REQUEST When an individual requests a fair hearing due to the denial of expedited services, an administrative review is scheduled within two working days unless the household requests the administrative review be scheduled later (SNAP 1506-1). The Administrative review is optional and will not delay or replace the fair hearing. EXPEDITED PROCESSING CRITERIA All applications must be screened for expedited processing immediately upon receipt in the Office of Public Assistance (OPA) when the applicant requests SNAP benefits. NOTE: To begin the application process, all that is required is a name, address, and signature. The application date is the date when this information is received. The remainder of the application must be completed at the interview. If an application is submitted with just name, address, and signature, the eligibility staff member must try to contact the
household for an interview to discuss the various factors/criteria in order to determine whether the household is eligible for expedited issuance. Eligibility staff are required to cold call households eligible or potentially eligible for expedited service to attempt an interview on the day of application. This call must be documented in case notes even if the household did not answer the call. If the household cannot be reached on the day of submission a notice of scheduled interview must be sent immediately. The interview must be scheduled within 7 days of application. The notice will explain that, in order to be considered for expedited issuance, the interview must be completed within 7 days of application. Households meeting the following criteria are eligible for expedited processing: 1. Have less than $150 in gross monthly income and $100 or less in liquid resources; OR, 2. Are destitute migrant or seasonal farm worker households with liquid resources not exceeding $100 (SNAP 105-2); OR, 3. The household's combined gross monthly income and liquid resources are less than its monthly rent or mortgage and the appropriate mandatory utility allowance. NOTE: When the application is submitted the screener must evaluate the information provided on the application and/or question the applicant to determine the appropriate mandatory utility allowance (SNAP 602-4) for expedited processing. Expedited processing is not postponed for verification of shelter/utility expenses. EXPEDITED SCREENING At the initial inquiry all individuals must be informed about expedited processing eligibility and the right to protect the date of application. The application must be screened for expedited processing even if only name, address, and signature on the application are submitted. If there is a request for SNAP benefits and the expedited screening section of the application is not completed, the screener must evaluate the completed application (if available) to the best of their ability based on the information provided and knowledge of policy. If the screener knows income listed on the application is excluded according to SNAP policy, the income is excluded in the screening process. Eligibility is not generally
determined at the time of the screening, and it is not required for the screener to go beyond the screening box to decide whether income is countable or excluded. NOTE: Anticipated income (e.g., TANF, unemployment income, etc.) that has not been approved or authorized is not included when screening an application for expedited processing. NOTE: Liquid resources are considered when screening for expedited services for all households including categorically and expanded categorically eligible households. An applicant may appear eligible for expedited processing but during the interview and after the information is entered in CHIMES, it is determined the applicant does not meet expedited processing guidelines. The application is subject to regular processing guidelines with issuance within 30 days of the date of application and all required verification provided.
ABLE BODIED ADULTS WITHOUT DEPENDENTS ABAWD applicants are screened and processed for expedited services in the same way any other applicant is. The eligibility staff member should attempt to obtain as much verification as possible within the expedited service time frame; however, verification of an ABAWD exemption or meeting a work requirement can be postponed if it would delay processing expedited service eligible cases within the time frame. EXPEDITED PROCESSING If the household applies in person, is screened for, and found to be entitled to expedited service, an in-person or telephone interview appointment must be scheduled the same day the application is submitted or the following working day. Written notice of this interview must be given to client and recorded by the OPA. If the household reports they are unable to attend an interview in this time frame, an interview must be scheduled and notice sent scheduling the interview within 7 days of the application date. If the household does not appear for the interview, the eligibility staff member must send the household, on the same day the interview was missed or within one working day from when the interview was missed, the Notice of Missed Interview informing the household that it is responsible to reschedule an in-person or phone interview. If the household reschedules the interview in time to meet the expedited timeframe, the interview must be completed, identity verified, and benefits must be available to the household by the seventh day. If the interview is not completed by the household in time to meet the seven day time frame, the household loses its
entitlement to expedited service and the application is processed within the normal 30 days of the date of application. If the household makes no further contact, the eligibility staff member must send the household a denial notice on the 30th day following the date of application. If a signed, submitted application is complete enough to determine entitlement to expedited service, the date of discovery is the date the application is received in the office by whatever means it is submitted. Eligibility staff are required to cold call households eligible for expedited service to attempt an interview. If the household cannot be reached, a notice of scheduled interview must be sent the date of application. It must be scheduled within the seven day time frame. If the household does not attend its scheduled interview or come to the OPA for an in-person interview within the 7 day time frame, they lose their entitlement to expedited service and the application is processed within the normal 30 days of the date of application. A Notice of Missed Interview is sent informing the household that it is responsible to reschedule a interview. If the household makes no further contact, the eligibility staff member must send the household a denial notice on the 30th day following the date of application. If a signed, submitted application is not complete enough to determine entitlement to expedited service, the seven day time frame does not yet apply. Eligibility staff are required to cold call households eligible for expedited service to attempt an interview. If the household cannot be reached, a notice of scheduled interview must be sent the date of application, advising the household of possible expedited issuance and informing the client of their scheduled interview date and time within 7 calendar days from the date the household applied. If the household completes the interview and is found to be entitled to expedited service, the date of discovery is the date of the interview and benefits must be issued within 7 days. If the household does not complete the interview, the eligibility staff member must send the household, within one working day, a Notice of Missed Interview informing the household that it is responsible to reschedule a interview If the interview is not completed by the household in time to meet the seven day time frame, the household loses its entitlement to expedited service, and the application is processed within the normal 30-day processing time frame. If the household makes no further contact, the eligibility staff member must send the household a denial notice on the 30th day following the date of application. The eligibility staff member uses all readily available information/documentation to verify the household’s residency, income, liquid resources, and information provided on the application by the household. Available computer systems such as SEARCHS (child support), MISTICS (wages and unemployment), SOLQ (social security), and property search must be reviewed and used as verification when applicable.
Issuance of benefits must not be delayed to obtain any information except the identity of the person making application. A household is not required to provide a Social Security number (SSN) for expedited processing; however, a SSN must be provided or it must be verified that an application for a SSN was submitted to SSA before benefits can continue beyond the expedited period for each household member who does not have a SSN. NOTE: If the household is unable to provide proof of application for a SSN for a newborn, the household must provide the SSN or proof of application at its next recertification or within 6 months following the month the baby is born, whichever is later. If the household is unable to provide a SSN or proof of application for a SSN within those times frames, the eligibility staff member will determine if good cause is applicable. The affidavit for work registration is included in the paper, online, and Statement of Facts applications and the applicant, upon signing the application, agrees to register for work all non-exempt individuals in the household. The eligibility staff member attempts to verify questionable work registration exemptions for all household members but verification must be postponed if the expedited processing time cannot be met. A household must be eligible for benefits in the month of application to be eligible for expedited processing. If a household is eligible for the program but is not eligible for expedited processing in the month it applies, the application must be processed under regular procedures within 30 days from the date of the initial application. The application is processed under regular procedures even if the household has zero income in the following month. The first and second months are approved under regular application processing. All information on the application is entered in CHIMES before eligibility is determined. The application can be denied if the household provides information by client statement or other verification causing ineligibility. The application is processed under regular processing requirements (30 day time frame and all verification is required) if information is discovered when completing the eligibility determination that results in ineligibility for expedited processing. POSTPONED VERIFICATION Expedited processing allows for postponing verification through the expedited period.
EXCEPTION: The applicant’s (e.g., the person making application) identity must be verified before expedited benefits can be authorized. A picture is not required to verify identity, but we must exhaust all viable methods of verification. These include SOLQ and collateral contact. (Please see SNAP 103-5) The postponed verification must be provided by the last day of the month for which benefits were issued (e.g., the date of application is July 16th, so verification must be provided no later than August 31st). If the last day to provide verification falls on a weekend or holiday, the household has through the following business day to provide the verification. APPLICATIONS ON OR BEFORE THE 15TH OF THE MONTH When a household that is eligible for expedited processing applies on or before the 15th of the month and verification is postponed, the eligibility staff member sends a notice that advises the household of expedited benefits and postponed verification. If postponed verification is received on or before the end of the expedited period, the second month’s benefit must be issued within seven working days from receiving the verification or by the first working day of the second month, whichever is later. Timely notice of adverse action is not required. If required postponed verification is received after the expedited period, the household must reapply for benefits. If requested verification of expenses is received after the expedited period, the expenses are added to the case the month following receipt of the verification. APPLICATIONS ON OR AFTER THE 16TH OF THE MONTH Households applying on or after the 16th of the month and eligible for expedited processing must have the first month's prorated benefits AND the second month's full benefits issued on the same day they are determined eligible. If verification is postponed in this case, the eligibility staff member must send a notice that advises the household of expedited benefits and postponed verification. If postponed verification is received on or before the end of the expedited period, the third month’s benefit must be issued within seven working days from receiving the verification or by the first working day of the third month, whichever is later. Timely notice of adverse action is not required.
If required postponed verification is received after the expedited period, the household must reapply for benefits. If requested verification of expenses is received after the expedited period, the expenses are added to the case the month following receipt of the verification. CHANGES REPORTED AFTER INTERVIEW BUT BEFORE THE NOTICE OF ELIGIBILITY A household is required to report all changes related to its eligibility at the interview. Because an applicant is notified of their reporting requirements at the interview, a household is required to report changes according to its reporting requirements from the date of the interview. If a change is reported after the interview but before the notice of eligibility (approval notice) for ongoing benefits, the eligibility staff member must act on the change within 10 days of the change being reported regardless of the household’s reporting requirements. The change must be included in the eligibility determination for ongoing benefits. Benefits must not be delayed (held or pended) beyond the last day of the expedited period waiting for verification. EXCEPTION: Resources available at the time the household is interviewed are used to make the resource determination. Changes in resources that occur or are reported after the interview, but before the notice of eligibility (approval notice) for ongoing benefits is sent to the household, are disregarded for the expedited period. The changes must be considered in determining resource eligibility for ongoing benefits. If there are 10 days before the last day of the expedited period to verify a change, eligibility is not determined until the verification is received. The change is included in the eligibility determination for ongoing benefits. If there are not 10 days before the last day of the expedited period to verify a change, eligibility is determined for ongoing benefits based on information requested at the interview. The eligibility staff member must request verification be provided within 10 days of sending the notice of a change that is reported after the interview but before the notice of eligibility for ongoing benefits. If the verification is received before eligibility is determined and the notice of eligibility for ongoing benefits is sent to the household, the change is included in the eligibility determination for ongoing benefits. If the verification is received after eligibility is determined and the notice of eligibility is sent for ongoing benefits, the change is included in the eligibility determination for the month after receipt of the verification following notice of adverse action procedures.
NOTICES FOR EXPEDITED PROCESSING If the household is interviewed and no verification/information is needed, the eligibility staff member must send the household the approval and the appropriate reporting requirement notices on the same day expedited or continued benefits are authorized. If more information is needed after the interview to determine continued eligibility and the benefit amount, the eligibility staff member must send a postponed verification notice to the household. The notice informs the household of the: 1. Benefit amount(s); 2. Required verification(s) needed or the case will close without further notice; and, 3. Expenses requested, e.g., rent, utilities, child support obligation, but the case doesn’t close if the items are not submitted. If not verified, they aren’t allowed as deductions. The household is not required to report any changes after the interview until receiving the notice of eligibility (approval notice). Therefore, the reporting requirement notice must not be sent prior to the approval notice for continued benefits. If the required postponed verification is submitted before the end of the expedited period, the approval and the appropriate reporting requirement notices are sent to the household on the same day continued benefits are authorized. The household is required to report changes according to its reporting requirements after receiving the notice of eligibility (approval notice). REPEAT EXPEDITED APPLICATIONS There is no limit to the number of times a household may be eligible for expedited processing. The following criteria is required before approval for subsequent expedited services: 1. All postponed verification requested during the previous expedited processing must be received; OR, 2. The household was certified under normal processing standards since the last expedited certification. NOTE: If the household is unable to obtain the postponed information/verification due to no fault of their own, expedited benefits are approved and verification is not
postponed for continued benefits. The eligibility staff member must document in case notes why the information cannot be obtained. RESIDENTS OF INSTITUTIONS When a resident of an institution applies for SNAP and appears eligible for expedited processing before release from the institution, benefits must be available within seven calendar days from the date of release. HOMEBOUND APPLICANTS If the household files an incomplete application and is being interviewed at home, the application must be completed during the home visit. If a phone interview is conducted, the application must be completed by the eligibility staff member during the interview and mailed the same day to the household for its signature or be signed telephonically. Benefits are not authorized until the application is signed. Document in case notes explaining good cause for delayed expedited processing. EFFECTIVE DATE: May 6, 2026
SNAP 105-2 APPLICATION PROCESSING Destitute Migrant and Seasonal Farm Worker Supersedes: FMFS 105-2 (04/01/2019) Reference: 7 CFR 273.10; 7 CFR 273.11 and Public Law 104-193 section 827 Overview: Migrant or seasonal farm workers who meet the criteria of a destitute household are entitled to expedited services even though they may receive income at some other time in the month of application. NOTE: Not all migrant or seasonal farm workers will meet the destitute criteria and these households will be processed under normal procedures. The destitute criterion does not apply to households other than migrant or seasonal farm workers. DEFINITION OF DESTITUTE: A migrant or seasonal farm worker is destitute if: 1. The only income for the month of application was received prior to the date of application and was from a terminated source. This includes: a. Income normally received on a monthly or more frequent basis which will not be received again from the same source during the balance of the month of application or the following month. b. Income normally received less often than monthly if it will not be received in the month in which the next payment would normally be received. 2. The only income to be received in the month of application is from a new source and is: a. More than $25; and, b. The income will not be received by the 10th calendar day after the date of application. Income to be received from a new source would include: a. Income received on a monthly or more frequent basis if no more than $25 has been received from that source within 30 days prior to the date of application. NOTE: Travel advances are not to be considered when determining whether a household is destitute, or income is from a new source. b. Income received less often than monthly if not more than $25 was received in the last normal interval between payments. 3. The household may have received both income from a terminated source prior to the date of application and income from a new source after the date of application and be considered destitute if: a. They receive no other income in the month of application; and
b. Income from the new source is more than $25 and will not be received by the 10th calendar day after application. CALCULATE ELIGIBILITY: Destitute households have their eligibility and benefits calculated for month of application by considering only income which is received between the first of the month and the date of application. Any income that is anticipated from a new source after the date of application is disregarded. Consider the grower as the source of income for any migrant who is working. The above procedures apply at initial certification and recertification but only for the first month after certification and recertification. TRAVEL ADVANCES: Sometimes money is received for the expenses of traveling to a new location for employment. These travel advances are considered income if: 1. The advance of wages will be subtracted from wages later earned by the household; and, 2. The travel advance is, by written contract, an advance of wages. A written contract is defined as: a. A written agreement signed by both parties; or b. A written statement from the employer addressed to the employee at the time of or prior to receipt of the advance stating the advance will be deducted from earnings. Travel advances that do not meet the definition of income above are to be excluded as a reimbursement. Travel advances, whether income or a reimbursement, are not to be considered when determining whether a household is destitute or whether subsequent payments from the employer are from a new source of income. EXCLUDED INCOME: Exclude as income any emergency Public Assistance or emergency General Assistance vendor payments made on behalf of the migrant or seasonal farm worker household while the household is in the job stream. This may include, but is not limited to, vendor payments for housing or transportation. ALLOTMENT: Migrant and seasonal farm workers receive the full allotment for the month of application when any member of the household has received SNAP benefits within 30 days prior to the date of application (no proration). Effective Date: July 18, 2022
SNAP 201-1 HOUSEHOLD COMPOSITION Household Composition
Supersedes: SNAP Policy 201-1 10/15/2021 Reference: 7 CFR 273.1; 7 CFR 281.1(c); 7 CFR 273.11 Overview: The eligibility staff member determines the required SNAP filing and assistance unit members based on the criteria in this policy. SNAP HOUSEHOLDS: A number of living situations determine the SNAP household composition. 1. An individual or family living alone or in a: a. housing facility federally subsidized for the elderly; NOTE: The individual does not have to be elderly. The requirement is to be a resident of federally subsidized housing for the elderly. b. chemical dependency treatment center (SNAP 201-7); c. licensed group home that serves no more than 16 residents receiving blind or disability benefits (SNAP 201-6); NOTE: Blind or disability benefits as defined in SNAP 0-4 d. shelter for battered individuals and children (SNAP 201-8); or, e. public or private nonprofit shelter for homeless people. NOTE: Residents of a shelter serving meals for the homeless are not considered residents of an institution as long as the shelter is a nonprofit agency. Eligibility is not dependent on the shelter being approved by Food and Nutrition Service (FNS).
2. An individual or family living with others but purchases and prepares food separately. 3. A group of individuals living together and purchases and prepares food together. 4. An individual age 60 years old or older (and spouse) living with others may be a separate household if: a. the individual (or couple) is unable to prepare meals because of a permanent disability (as defined by the Social Security Act) or a severe permanent disability not related to a disease; AND, b. the individual (or couple) lives with others whose gross income does not exceed 165% of the poverty level for its household size (SNAP 001). NOTE: The elderly/disabled individual's (and spouse’s) income is excluded when making the income determination. INELIGIBLE HOUSEHOLDS: The following households are ineligible if: 1. Any required filing unit member is on strike; EXCEPTION: If the household was eligible for SNAP benefits the day prior to the strike and is otherwise eligible at the time of application, the household may be eligible for benefits. The benefit is not increased because of the decreased income of the striking member. Compare the striking member's income before the strike to the striker's current income. The higher of the two incomes is countable income (SNAP 501-1). 2. All members are disqualified; or, 3. The household fails to meet financial or non-financial eligibility requirements. EXCLUDED HOUSEHOLD MEMBERS: Individuals excluded from the filing unit: 1. Boarders paying an adequate amount (thrifty food plan) for their meals unless the household requests they be included in the assistance unit. Boarders' income and resources are countable when they are included in the assistance unit. Boarder status cannot be granted to spouses or to parents and children under the age of 22 years residing in the same household (SNAP 201-4 and SNAP 503-1). Boarder status cannot be granted to individuals under age 18 under the parental control of an adult household member. 2. Roomers are individuals who receive lodging but not meals for compensation from a household (SNAP 501-1 and SNAP 503-1). They may participate as separate households.
3. Live-in attendants whether or not they purchase and prepare their food separately from the household they provide medical, housekeeping, childcare or similar personal services. NOTE: Live-in attendants may receive benefits separately on their own case. There is the possibility the household who they provide services for receives benefits on one case, and the live-in attendant receives benefits on another case even though they do not purchase and prepare food separately. 4. Ineligible students (SNAP 201-5). 5. Other individual(s) or families living with the household but purchase and prepare food separately. 6. Individuals residing in an institution providing more than half of their meals each day as part of the institution's normal services. This includes students living on or off campus, who buy a meal ticket from the institution when the amount of purchased meal ticket equals more than half of their meals each day. It does not matter if the purchase of the meal ticket is required or by choice. If a student eats or purchases more than 50 percent of his/her meals on campus, he/she is considered a resident of an institution and therefore, not eligible for participation in SNAP. The OPA discusses with the student the number of meals the student anticipates eating/ purchasing on campus and determines whether or not the number of meals purchased exceeds 50 percent of three meals daily in any given month. 7. Foster children the household chooses not to include in the SNAP assistance unit. 8. Individuals detained in federal, state or local penal correctional facilities or other detention institutions for the majority of the month. NOTE: Individuals on house arrest or living in the home under probation or parole are eligible as long as they meet all financial and non-financial requirements. 9. Individuals who have received benefits in another state or benefits from the Food Distribution Program on Indian Reservations (FDPIR). MAJORITY OF THE MONTH: An individual is a household member when the individual is residing in or is anticipated to reside in the household for the majority of the month. REQUIRED HOUSEHOLD MEMBERS (FILING UNIT): Individuals required to be included in the filing unit:
1. All household members who purchase and prepare food together (FILING UNIT) unless specifically excluded based on criteria for Excluded Household Members of this manual section. 2. The following must be CONSIDERED ONE HOUSEHOLD even if they purchase food and prepare food separately unless ineligible per policy for “Required Members Ineligible” for SNAP in this manual section. a. Spouses residing together unless otherwise excluded (e.g., ineligible student, probation/parole violator, etc.). Spouses are included in the household when the spouse is in the household for any part of the month. If same sex couples marry in a jurisdiction recognizing same sex marriage, they are considered spouses. Same sex marriage is permissible under Montana law. The state of Montana recognizes same sex marriages performed in other jurisdictions. NOTE: COMMON LAW MARRIAGE: In Montana, a couple who have not gone through a formal marriage ceremony may enter into a legally binding common law marriage. Each of the parties must be old enough to marry and not married to anyone else to enter into a valid common law marriage. i. For a common law marriage to exist, 3 elements must be present: 1. Consent and agreement - the man and woman must have mutually agreed and consented to enter into a marriage relationship. 2. Competency - both were legally competent to enter into a marriage; and 3. Cohabitation - holding themselves out as married. ii. We cannot consider someone as “married” just because they file their taxes jointly. For individuals who file taxes as jointly, we may consider them as married for ALL programs, if all the 3 elements listed above are present. Keep in mind that both adults must attest to being in a common law marriage. When reviewing the DOR interface, remember that you are looking at last year’s tax information and the household’s circumstances may have changed (members become separated, filing for divorce, etc.). Marital status should be discussed, and case noted clearly. For SNAP, if individuals file their taxes as jointly and report they purchase and prepare their food separately, we must honor their statement. CSCs may refer households to the IPV unit, if they are skeptical of the information provided by the client. iii. There may be times that a client applies for benefits and does not intend to file taxes with their significant other. We must honor their
statement for all programs, keeping in mind that circumstances may change throughout the year.
b. Children under 22 years of age, living with their natural, adoptive or stepparents. Parents and children must be in one SNAP household even if the child under 22 years old has their own children or a spouse living with them.
Some circumstances allow for separate households. Follow this guidance and process when determining whether parents and children under 22 are “living together” in order to determine if they must participate as one household:
Parent or adults and their children under age 22 who share the kitchen, bathroom, or living area live together and must be one household. Living areas is defined as the living room or bedroom of the residence. A child under age 22 who lives on the parent's property in a separate structure, such as an apartment over the garage or in a camper is included in the household if they use the kitchen, bathroom or living area of the parent's residence every day. A child under age 22 who lives on the property but does not share kitchen, bathroom or living area is probably not part of the same household. There is no requirement that applicants have cooking facilities as a prerequisite for SNAP participation. The Eligibility Staff member documents in case notes the basis for its household composition determination.
Children who are living in more than one SNAP household during the month are considered a member of the household providing or that is responsible for providing the majority of their meals in the month.
In joint custody cases when a child spends equal time with both parents, the Eligibility Staff member discusses options with the households and allows Mom and Dad to choose what is more advantageous to them. They could alternate having children in one or the other's household monthly, every other month, quarterly, every six months, or yearly. If only
one parent is applying for SNAP benefits, there is not an issue of alternating children in one or the other's household.
If a child or children are included on an application, change report, simplified report or recertification, and they are already receiving SNAP benefits on another case, the household (HH) composition of the NEW household is questionable and must be verified. The new HH must verify conclusively that the child(ren) are in their HH and NOT in the household where they are currently receiving benefits. Children cannot be removed from a case unless both households agree to the changed living arrangement OR we have compelling verification from a third party – for example, Child and Family Services, a court order, or result of a fraud investigation.
c. Minors less than 18 years of age (excluding foster children) living under the parental control of an adult household member (SNAP 201-2). d. Boarders not paying an adequate amount for their food (SNAP 204-1). The thrifty food plan is used to define 'adequate amount'. REQUIRED MEMBERS INELIGIBLE FOR SNAP: Disqualified individuals required in the filing unit but are not part of the assistance unit. 1. Individuals who fraudulently misrepresented identity or residence in order to receive multiple benefits at the same time. These individuals are ineligible to participate in SNAP for 10 years for the first and second offenses, and permanently for the third offense. 2. Individuals convicted of trafficking SNAP benefits of $500 or more. These individuals are permanently disqualified from receiving SNAP benefits. 3. A fleeing felon is determined when a Federal, State or local law enforcement officer acting in his or her official capacity presents an outstanding felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes: a. Escape(4901); b. Flight to avoid (prosecution, confinement, etc.) (4902); or c. Flight-Escape (4999) 4. To be considered a probation or parole violator, an impartial party (P&P Officer or other law enforcement officer) must determine that the individual violated a condition of his or her probation or parole imposed under Federal or State law
and that Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole.
The following conditions/policies apply to both fleeing felons and probation and parole violators defined in #3 and #4 above:
Actively seeking: Law enforcement must be actively seeking the individual, defined as: a. A Federal, State, or local law enforcement agency informs eligibility staff that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the eligibility staff; b. A Federal, State, or local law enforcement agency presents a felony arrest warrant as described in #3 above for a fleeing felon; or, c. A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from a State agency about a specific outstanding felony warrant or probation or parole violation. Verification: a. In the case of an individual self-declaring that they are a fleeing felon or probation/parole violator, whether on the application, at the interview, or otherwise, eligibility staff must verify the information from an independent source before accepting the declaration as true since the applicant may not understand the question or law enforcement may not be actively seeking the individual. b. If an eligibility staff member needs to act on an application without determining fleeing felon or probation or parole violator status in order to comply with the application processing time frames, the eligibility staff shall process the application without consideration of the individual’s fleeing felon or probation or parole violator status. This applies to expedited service as well. c. An individual is only a fleeing felon or a parole or probation violator for SNAP purposes if that individual meets the definition. Once the individual is not meeting the appropriate criteria, they may be certified. A new determination of
fleeing felon or probation or parole violator would need to be made each time the individual applies. d. The Disclosure provisions are revised to ensure that the Privacy Act provisions and confidentiality provisions of the Act remain intact for individuals subject to the fleeing felon and parole or probation violator provisions. The law enforcement officer must furnish the eligibility staff with the name of the household member being sought. The provisions concerning the process of providing information to law enforcement officials only applies to legitimate law enforcement officers. Information about potential fleeing felons or parole or probation violators must not be released to non-law enforcement officials, e.g., bounty hunters, reporting possible violations by recipients or applicants. e. Under simplified reporting, if an individual is determined to be a fleeing felon, probation or parole violator during a certification period, that individual must be disqualified from the program even though it might result in a decrease in benefits. f. In determining the time period for establishing claims for individuals identified as fleeing felons or as probation or parole violators, an individual is not considered a fleeing felon, probation or parole violator until a determination has been made of their status. Therefore, the date of the determination of fleeing felon or probation or parole violator status would be the date from which any claims calculation would be made. 5. Individuals convicted for felony possession, use, or distribution of illegal drugs after August 22, 1996. NOTE: The individual may be eligible to receive benefits if: a. the individual is complying with the conditions of supervision; or b. the sentence associated with the felony conviction has been discharged; and, c. if the person is actively participating in treatment, if required. 6. Individuals found guilty of Intentional Program Violation (IPV) through the Administrative Disqualification Hearing process (SNAP 1505-1) or Prosecution for Fraud. 7. Individuals found guilty in federal, state or local court of trading SNAP benefits for controlled substances or vice-versa. They are ineligible to participate in SNAP for 24 months for the first offense and permanently for the second offense.
8. Individuals found guilty in federal, state or local court of being involved in the sale or trade of firearms, ammunition or explosives for SNAP benefits or vice-versa. They are permanently disqualified from receiving SNAP benefits. 9. Aliens not meeting the definition of an eligible alien (SNAP 301a-2). 10. Individuals choosing not to provide a Social Security number (SNAP 303-1a). 11. Individuals disqualified due to work registration disqualification (SNAP 703-1). VERIFICATION OF STATUS OF # 3, 4, 5, 7 AND 8: An adult household member may verbally or in writing, under penalty of perjury, declare the status for each household member. NOTE: If no adult household members will sign the Self Declaration of Status section on the application or recertification form and will not verbally answer questions regarding eligibility status, the application is denied. If there is a change in a household member's Self Declaration of Status, the household is required to report it at recertification. If the OPA discovers during the certification period an individual may meet one of the statuses described, the household must be notified of the OPA's knowledge of the information and must be given the opportunity to dispute the information via a 10-day request for information notice. If the household does not respond, the case is closed for failing to provide information necessary to determine household composition and eligibility and/or level of benefits. The OPA provides the household timely notice of adverse action. NOTE: Eligibility staff members should not be seeking out information (e.g., initiating contact with law enforcement or parole officers, looking in newspapers, etc.) regarding drug felons or fleeing felons. An individual is disqualified as soon as the court enters a judgment even if a sentence will be imposed later or never imposed. If the judgment is guilty, the individual remains disqualified even if the sentence has been served. The status only changes if the conviction (SNAP 0-4), judgment, is expunged (removed from the individual's record) by court action. NOTE: Individuals convicted for felony possession, use, or distribution of illegal drugs after August 22, 1996 may be eligible to receive benefits if the individual is complying with the conditions of supervision or the sentence associated with the felony conviction has been discharged (served) and if the person is actively participating in treatment, if required. Self-Declaration of status is accepted as noted above.
If an individual was 'convicted' and through a court action the reference to the conviction was removed, the individual is no longer considered 'convicted' for SNAP purposes. The individual can reapply and be certified for SNAP benefits if otherwise eligible. A record is considered clear when there is no longer any mention of the conviction on the criminal record. Any action taken against a minor in youth court cannot be considered a felony. A minor is only disqualified if treated as an adult and found guilty. Effective Date: June 1, 2025
SNAP 201-2 HOUSEHOLD COMPOSITION Parental Control Supersedes: FS 201-2 (04/01/2010) Reference: 7 CFR 273.1(a) and (b) Overview: Children under 22 years of age are automatically considered under parental control if living with a natural, adoptive or stepparent. Children under 18 years of age living with household members other than their natural, adoptive or stepparent must be evaluated for parental control before separate household status can be given unless state law defines such person as an adult (i.e., emancipated). EMANCIPATION: A child under age 18 years of age is considered emancipated if he/she is free from parental authority. An emancipated person has certain rights that minors normally do not have until they reach the age of majority, such as the right to live independently, conduct their own financial affairs, enter valid contracts, and incur debts. Emancipation can be determined by a court. NOTE: Under Montana law, marriage does not automatically result in emancipation. Montana law states that a person under 18 years of age who lives with his/her parents is under their parental control and is financially dependent on them so cannot be determined emancipated. PARENTAL CONTROL: An individual is under parental control if the individual under 18 years of age and lives with another household member other than their natural, adoptive, or stepparent and: 1. verification is received from a parent/guardian or conservator living outside the household stating their child (the minor individual) is dependent on the household member he/she is living with; or, 2. a member of the SNAP household states the minor individual is dependent on the household member he/ she is living with; or, 3. the eligibility staff member determines the minor individual is dependent on the household member for financial support. EXCEPTION: State law has defined the individual as an adult (i.e., emancipation). NOTE: Parental control must be evaluated even when the individual is living with his or her spouse and/or child.
Effective Date: July 18, 2022
SNAP 201-4 HOUSEHOLD COMPOSITION Boarders
Supersedes: FM/FS 201-4 (04/01/2010) Reference: 7 CFR 273.1(c) Overview: Boarders are individuals to whom a household furnishes lodging and meals. Boarders cannot claim separate household status to receive SNAP benefits on their own case. Boarders, who are not paying a reasonable amount for shelter, are required filing unit members of the household providing the room and board (SNAP 201-1 Household Composition). Boarders, who are paying a reasonable amount for shelter, can either be included or excluded from the filing unit of the household providing the room and board. If excluded, the boarder(s) still cannot receive SNAP benefits on their own case. REASONALBE MONTHLY PAYMENT: When the amount paid for meals can be distinguished from the amount paid for lodging, only the amount paid for meals is evaluated to determine if the payment is reasonable. If the amount paid for meals is inseparable from that paid for lodging, the total payment is evaluated. The payment for meals must be made in cash. A reasonable monthly payment shall be one of the following: 1. More than two meals daily. Boarders whose board arrangement is for more than two meals a day shall pay an amount equal to or exceeding the maximum monthly SNAP allotment for the appropriate number of boarders. 2. Two or fewer meals daily. Boarders whose board arrangement is for two meals or fewer each day shall pay an amount which equals or exceeds two-thirds of the maximum monthly SNAP allotment for the appropriate number of boarders. EXCLUDED FROM BOARDER STATUS: The following are required filing unit members and cannot have boarder status: 1. A spouse of a member of the household. 2. Children under 18 years of age, if under the parental control of an adult household member. 3. Parents who reside with their natural, adopted, or stepchildren if the child is under 22 years of age. 4. Children, under age 22, if residing with their parents.
BOARDING HOUSES: Residents of commercial boarding houses are not eligible for SNAP benefits. The proprietor's household may participate, separate and apart from the residents, if otherwise eligible. A boarding house is defined as either of the following: 1. An establishment licensed as a commercial enterprise and offering meals and lodging for compensation, or 2. In communities which have no licensing requirements, a commercial establishment offering meals and lodging for compensation with the intent to make a profit. NOTE: The number of residents has no effect on whether the establishment is or is not a boarding house. INCOME AND RESOURCES OF BOARDERS: Do not count income and resources of a boarder to determine eligibility of a household unless the household chooses to include the boarder as a member. The amount of the payment that a boarder, who is not considered a member of the SNAP household, gives to the household for the boarder services is treated as self-employment income to the household (SNAP 503-1 Self Employment). Effective Date: July 20, 2022
SNAP 201-5 HOUSEHOLD COMPOSITION Student Status Supersedes: FS 201-5 (11/01/2019) Reference: 7 CFR 273.5(a), (b) and (c), 273.11(d), 273.9(c)(3) Overview: An individual who is enrolled at least half time in an institution of higher education shall be ineligible to participate in the Supplemental Nutrition Assistance Program (SNAP) unless the individual meets the criteria to be considered an eligible student as listed in this section. This includes an individual enrolled in an institution of higher education and taking courses online through the Internet. INSTITUTION OF HIGHER EDUCATION: An individual is considered enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required. Colleges or universities normally require diplomas or certificates but allow exceptions for some students who are not high school graduates to enroll in classes. These institutions are still considered institutions of higher education. Individuals who met eligible student criteria during the regular school year and are expected to meet criteria in the fall, continue to be considered eligible students during school breaks, including summer, if the individual continues to meet student eligibility (e.g., employed, has a dependent, etc.).
EXCEPTION: Eligibility based on participation in a state or federally funded work study does not continue between terms when there is a break of a full month or longer unless the student is participating in a work study position during the break. MEALS ON CAMPUS: If more than half of the student's meals per day are provided by the institution (e.g., meal ticket), he/she is not eligible to participate in the Supplemental Nutrition Assistance Program. This includes students living on or off campus who buy a meal ticket from the institution when the amount of the purchased meal ticket equals more than half of their meals each day. It does not matter if the purchase of the meal ticket is required or by choice. If a student eats or purchases more than 50 percent of his/her meals on campus, he/she is not eligible for participation in the Supplemental Nutrition Assistance Program. The eligibility staff member must discuss with the student the number of meals the student anticipates eating/purchasing on campus and determine whether the number of meals purchased exceeds 50 percent of the three meals daily in any given month. ELIGIBLE STUDENTS: The following students are not required to meet the special student eligibility criteria listed: 1. Under the age of 18 years old (through the month the individual turns 18 years old); 2. Age 50 or older (effective the month the individual turns 50); 3. Physically or mentally unfit; NOTE: If mental or physical unfitness is claimed and the unfitness is not evident, verification may be required. Verification may consist of: a. receipt of temporary or permanent disability benefits issued by governmental or private sources; or, b. a statement from a physician or licensed or certified psychologist. NOTE: The eligibility staff member should clearly solicit a statement from the source that indicates the individual is unable to work an average of 20 hours a week and the approximate length of time the individual will be unable to work an average of 20 hours a week. Restrictions on working do not mean the individual is unable to work. 4. Attending high school or working to obtain a GED. 5. Participating in an on-the-job training program where the employer pays the participant wages. The number of hours working is not a consideration. A person
is considered to be participating in an on-the-job training program only during the period of time the person is being trained by the employer. NOTE: Student teaching is part of a college curriculum and does not qualify as on-the-job training. Therefore, these students need to meet one of the seven criteria listed in the “ELIGIBLE STUDENT CRITERIA” section of this policy to be an eligible student. 6. Enrolled less than half-time (as defined by the institution); or, 7. Enrolled full-time, in schools or training programs that are not considered institutions of higher education. Although these individuals do not need to meet student criteria, their educational income must be evaluated when determining eligibility and calculating benefits. ELIGIBILE STUDENT CRITERIA: All students aged 18 through 49 enrolled AT LEAST half time (as defined by the institution) in an institution of higher education, who do not meet any exception of this section, must be evaluated to determine their eligibility to receive SNAP benefits. A student who is eligible to participate in SNAP is a student who meets at least one of the following criteria: 1. Employed a minimum of 20 hours per week and paid for such employment. There is no stipulation the student earn federal minimum wage multiplied by 20 hours. However, if an individual is self-employed, he/she must be employed at least 20 hours per week and earning at least the federal minimum wage multiplied by 20. NOTE: Work hours can be averaged to determine if the student is working an average of 20 hours per week. NOTE: Work hours are counted toward an individual’s eligibility even if the income may be excluded such as educational income. 2. Participating in a state or federally financed work study program during the regular school year. The number of work study hours per week is not a consideration. The student must be approved for work study at the time he/she applies for SNAP benefits, the work study must be approved for the school term, and the student must anticipate working during that time. NOTE: If the school does not have enough available work study sites to cover all students approved for work study but it anticipates a site will be available during the school term, verification of the date or approximate date a site will be available is needed. If the school is not able to verify when a site will be available, the student does not meet the criteria of participating in a state or federally financed work study program during the regular school term. If a work study job does not materialize during the school year, an over issuance claim would not be
established unless the student provided wrong or misleading information. Student eligibility based on work study begins the month the school term starts or the month the work study is approved, whichever is later. The exemption continues until the end of the month the school term ends or until it becomes known that the student has refused a work study assignment. The exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in a work study position during the break. If a student exhausts work study hours and continues working, the income received is no longer considered excluded educational income but, is countable wages. Eligibility based on participation in work study ends. The student must now be working an average of 20 hours a week or meet other criteria to remain an eligible student. 3. Responsible for the care of a dependent household member under the age of 6. No more than one adult can claim a child. If the household has three children under the age of 6 and three adults, all adults could be eligible students. Relationship to the child is not a consideration. However, case notes must clearly document which adult is caring for which child. 4. Responsible for the care of a dependent household member who has reached the age of 6, but is under age 12 and the eligibility staff member has determined adequate childcare is not available to allow the student to attend class and: a. work an average of 20 hours per week; or, b. participate in a state or federally funded work study program during the regular school year. NOTE: Only one adult can claim a child. 5. A single parent, enrolled in an institution of higher education on a full-time basis (as determined by the institution), which is responsible for the care of a dependent child under age 12. a. Applies when only one natural, adoptive or stepparent (regardless of marital status) is in the same SNAP household as the child. b. If no natural, adoptive or stepparent is in the same SNAP household as the child, another full-time student in the same SNAP household as the child may qualify for eligible student status under this provision if he/she has parental control over the child and is not living with his or her spouse. 6. An individual receiving or authorized to receive TANF cash assistance, Tribal TANF, or SSI benefits. NOTE: If an individual is disqualified from TANF cash assistance or Tribal TANF, he/she loses eligible student status unless they meet another eligible student category.
7. Assigned to or placed in an institution of higher education through or in compliance with: a. a program under the Work Investment Act (WIA). b. a program under the Trade Adjustment Act (TAA) program administered by the Department of Labor; or, c. an employment and training program for low-income households that is operated by a state or local government (e.g., when Vocational Rehabilitation retrains individuals by sending them to college). INCOME AND RESOURCES AN ELIGIBLE STUDENT: The income and resources of an eligible student are countable. INCOME AND RESOURCES OF AN INELIGIBLE STUDENT: Resources of an ineligible student are not considered when determining eligibility or level of benefits of the household. The income of an ineligible student living with a household is not considered in determining eligibility or level of benefits of the household unless the student makes money available to other household members. When an ineligible student receives money from a countable source and some or all of this money is available to other household members, the money that’s available is countable unearned income to the household. The income must be assigned to the eligible household member who receives the unearned income. EXPENSES OF AN ELIGIBLE STUDENT: Deductible expenses of eligible students are allowed in determining the benefit level. EXPENSES OF AN INELIGIBLE STUDENT: If an ineligible student shares expenses with an eligible household member(s), the amount actually paid by or billed to the eligible household member(s) is allowed as a deduction. EXCEPTION: If an ineligible student shares utility expenses with an eligible household member, the eligible household member is entitled to the full appropriate mandatory utility allowance (SNAP 602-4). The eligibility staff member must discuss with the household who is responsible for household expenses and clearly document in case notes. Effective Date: July 20, 2022
SNAP 201-6 HOUSEHOLD COMPOSITION Group Homes
Supersedes: FS 201-6 (07/01/2015) Reference: 7 CFR 273.1(b), 273.11(f) Overview: Residents of group homes who are blind or disabled (see glossary) may be eligible to receive SNAP benefits. The group home must be a public or private nonprofit residential setting that serves no more than 16 residents. In order to certify residents of a group home to receive SNAP benefits the facility must provide evidence it is either: 1. Authorized by FNS; or, 2. Certified by the appropriate State agency, including the center is a non-profit organization; and, 3. In compliance with SNAP regulations regarding authorized representative; and, 4. Serves no more than 16 residents. GROUP HOME HOUSEHOLD COMPOSITION: Residents of group homes may apply either: 1. On their own behalf (household size can include one or more members); or, 2. With an authorized representative employed by and designated by the group home or chosen by the resident (household size is one). GROUP HOME RESPONSIBILITIES: 1. The group home staff determines when a resident requires an authorized representative. The determination is based on the resident’s physical and mental ability to handle his/her affairs. 2. The group home, acting as the authorized representative for a resident who cannot apply on their own behalf, is responsible and liable for: a. reporting a change according to the resident’s reporting requirements.
b. any misrepresentation of information or intentional program violation knowingly committed regarding the resident’s eligibility. c. loss or misuse of the resident’s SNAP benefits; and, d. all over-issuances occurring while serving as the resident’s authorized representative. 3. Sign the “SNAP Authorized Representative Form for Group Homes and Drug & Alcohol Treatment Center” for each resident and return it to the OPA. 4. The group home must provide the Human and Community Services Division (HCSD) Central Office designee with a quarterly list of currently participating residents signed by a group home official. This list needs to include a statement signed by a responsible center official attesting to the validity of the list. 5. When a resident leaves the group home, the group home must provide the discharged resident with: a. their Montana Access EBT card and personal identification number (PIN); and b. the full monthly SNAP benefit (if no benefits were spent on the resident’s behalf) regardless of when the resident leaves the facility during the month; or c. one-half of the resident’s monthly SNAP benefit amount if the resident leaves before the 16th of the month; or d. any remaining benefits not spent on the resident’s behalf at the time he/she leaves the facility after the 16th of the month; and, e. when possible, a ‘Change Report’ form, (HCS-260), with instructions to report changes to HCSD according to the resident’s reporting requirements. NOTE: The group home authorized representative must return the resident’s Montana Access Card to HCSD since, as of the discharge, the facility representative is no longer the authorized representative. SHELTER EXPENSE: 1. If the group home acts as the authorized representative it is responsible to provide verification of the resident’s current shelter expense. If the resident applies on their own, they are responsible to provide verification. 2. The group home room expense that can be separately identified from other charges for meals or medical is the allowable shelter expense. 3. If the group home room and meal expense cannot be separately identified, the amount of the payment which exceeds the maximum SNAP allotment for the number of persons in the household (Thrifty Food Plan -TFP) is the shelter expense. 4. If the resident has earnings from a sheltered workshop applied to the payment of the room, 20 percent (0.2) of the portion of earnings applied to room and board is deducted to determine the shelter expense. 5. If a group home resident makes a single payment to the Group Home, expenses for room, meals and medical should be separately identified to the extent possible. If the expenses cannot be separately identified, the shelter expense is determined by deducting the following from the single payment made to the group home:
a. Any identifiable medical expenses (this amount allowed as a medical deduction); b. Any amount returned to the resident for personal use; c. 20% (.2) of the portion of earnings that are applied to the room expenses; and, d. The maximum SNAP allotment for the number of persons in the household. UTILITIY DEDUCTION: Households residing in a group home are not entitled to the Standard Utility Allowance (SUA). However, if telephone charges are separately identifiable from other charges, the resident may claim the expense as a shelter cost. Effective Date: July 20, 2022
SNAP 201-7 HOUSEHOLD COMPOSITION Residents-Drug/Alcohol Treatment and Rehabilitation Programs
Supersedes: FS 201-7 (07/20/2022) Reference: 7 CFR 273.1(b), 7 CFR 273.11(e)
Overview: Individuals who regularly participate in publicly operated or private non-profit drug addict or alcoholic (DAA) treatment and rehabilitation programs or community mental health centers (CMHC) (see glossary) on a resident basis may voluntarily apply for SNAP. To certify residents of a DAA facility or CMHC to receive SNAP benefits, the facility must provide evidence it is: 1. Tax exempt and certified by the State agency responsible for treatment and rehabilitation of drug addicts or alcoholics as: a. Receiving funding under Part B of Title XIX; or b. Eligible to receive funding under Part B of Title XIX even if no funds are received; or c. Operating to further the purposes of Part B of Title XIX, to provide treatment and rehabilitation of drug addicts and/or alcoholics; or, 2. Authorized as a retailer by FNS. After determining the facility qualifies, eligibility is determined using the same provisions that apply to all other households, including, but not limited to the same rights to notices of adverse action and fair hearings. An authorized representative, employed by the DAA facility or CMHC and designated by the facility, must apply for the resident. HOUSEHOLD COMPOSITION: Residents are certified as one-person households unless their children live with them, in which case their children are included in the household with the parent. DAA/CMH CENTER RESPONSIBILITIES: 1. The DAA facility or CMHC, acting as the authorized representative for a resident, is responsible and liable for:
a. reporting changes according to the resident’s reporting requirements. b. any misrepresentation of information or intentional program violation that it knowingly commits in regard to the resident’s eligibility. c. loss or misuse of the resident’s SNAP benefits; and, d. all over-issuances occurring while serving as the resident’s authorized representative. 2. Sign the “SNAP Authorized Representative Form for Group Homes and Drug & Alcohol Treatment Center” for each resident and return it to the OPA. 3. The DAA facility or CMHC must provide the Human and Community Services Division (HCSD) Central Office designee with a monthly list of currently participating residents signed by a DAA facility or CMHC official. This list needs to include a statement attesting to the validity of the list. 4. When a resident leaves the DAA facility or CMHC, the center must provide the discharged resident with: a. their Montana Access EBT card and personal identification number (PIN); and b. the full monthly SNAP benefit (if no benefits were spent on the resident’s behalf) regardless of when the resident leaves the facility during the month; or, c. one-half of the resident’s monthly SNAP benefit amount if the resident leaves before the 16th of the month; or d. any remaining benefits not spent on the resident’s behalf at the time he/she leaves the facility after the 16th of the month; and e. when possible, a ‘Change Report’ form (HCS-260) with instructions to report a change to HCSD according to the resident’s reporting requirements. NOTE: The DAA facility or CMHC authorized representative must return the resident’s Montana Access Card to HCSD since, as of the discharge, the facility representative is no longer the authorized representative.
SEE BUSINESS PROCESS: Processing SNAP applications for DAA and CMHC Residents Effective Date: July 21, 2023
SNAP 201-8 HOUSEHOLD COMPOSITION Shelters for Battered Adults and Children
Supersedes: FS 201-8 (04/01/2010) Reference: 7 CFR 273.11(g) Overview: Residents of Shelters for Battered Women, Men and Children may be eligible for benefits. Protective Service Agencies can verify recognized shelters. An eligible resident who has authorized the shelter management to act as authorized representative can use the SNAP benefits to purchase meals prepared at the shelter. The shelter management can then act as authorized representative to purchase food with their EBT Card. Residents of a shelter for battered adults and children are not required to name the shelter as an authorized representative. These individuals may apply on their own behalf and use benefits to purchase food in or out of the shelter. SPECIAL PROCEDURES: 1. Individuals who have left a participating household may receive an additional allotment as a separate household only once per month. This should not be treated as a replacement, but instead as a separate case. All individuals eligible to receive duplicate benefits will need to have their living arrangement showing that they reside in a domestic violence shelter. 2. Certify individuals at the shelter as a separate household based on their income and resources only. 3. Do not count inaccessible joint resources (SNAP 403-1). 4. Consider room payments to the shelter as housing costs. NOTE: Notify the shelter resident’s former household of changes in benefit resulting from the individual no longer being in the home. Do not inform the former household of where the battered individual(s) are living. Effective Date: July 20, 2022
SNAP 201-9 HOUSEHOLD COMPOSITION Dual Participation: FDPIR/SNAP
Supersedes: FS 201-9 (10/23/2024) Reference: 7 CFR 273.1; 7 CFR 253.7(e), 7 CFR 281.1 (C) 7CFR 273.9 (c)(1),
Overview: An individual cannot participate in the Supplemental Nutrition Assistance Program in any month when they have received benefits in another state or benefits from the Food Distribution Program on Indian Reservations (FDPIR). EXCEPTION: Current certified SNAP household members who enter a designated abuse shelter may apply and be eligible for SNAP benefits in the same month provided that the original certified household contained the abuser. Abuse shelter residents may receive an additional benefit as a separate household only once a month (SNAP 201-8). Households certified in either FDPIR or SNAP on the first day of the month can only receive benefits in the program for which they are currently certified for the month. NOTE: Residents of Puerto Rico may receive benefits like SNAP benefits called NAP. When a person from Puerto Rico establishes Montana residence and applies for benefits, treat the Nutrition Assistance Program (NAP) as follows: • The NAP benefit is not income, and • SNAP benefits can be issued in Montana even if NAP was issued during the same month as the SNAP application. NAP benefits cannot be used in the mainland United States, so there is no duplication of benefits if SNAP is issued for the same month as NAP.
RESERVATION AND ADJACENT COUNTIES: Until an automated match can be instituted, the following procedure has been established to prevent and detect dual participation. Form DPHHS-FD-002 'Interagency Notice of Certification/Change of Program' must be sent to the FDPIR certification office at application,
recertification, closure, or when a change in household composition is reported for the following: 1. A household residing on an Indian reservation; OR 2. A household residing in the service area for FDPIR, and there is a household member that is an enrolled tribal member of any tribe. The forms shall be sent to the FDPIR program. A printout of the Person Household screen can be attached, so the demographic section does not have to be completed by the eligibility staff member.
Food Distribution Program on Indian Reservations (FDPIR) SCOPE OF OPERATION:
Reservation County Service Area Salish Kootenai (Flathead) FDPIR PO Box 757 St. Ignatius, MT 59865 (406)745-4115 Missoula, Lake, Sanders, Flathead *Indian and non-Indian household within the exterior boundary of the Reservation. Blackfeet FDPIR PO Box 3003 Browning, MT 59417 (406)338-7340 Glacier, Pondera *Indian and non-Indian households within the exterior boundary of the Reservation. *Households with at least one enrolled tribal member (any tribe) living in Santa Rita, Cut Bank, Dupuyer, or Summit. Little Shell Tribe of Chippewa Indians of Montana-Site 150 1301 Stuckey Road Great Falls, MT 59404 (406) 315-2400 ext. 130 Blaine, Cascade, Glacier, Hill Indian households with at least one member of a federally recognized tribe in their household within the 4-county area. Crow FDPIR 409 N. Crook Ave Hardin, MT 59034 (406)665-2523 Mailing Address: PO Box 364 Hardin, MT 59034 Big Horn, Yellowstone, Carbon *Indian and non-Indian households within the exterior boundaries of the reservation. *Households with at least one enrolled tribal member (any tribe) who reside within five miles of the exterior boundary, excluding the portion which lies within the boundaries of the Northern Cheyenne Reservation. *Households residing with the municipal limits of the city of Hardin who have at least on enrolled tribal member (any tribe).
Fort Belknap Rural Route 1 Box 2728 Harlem, MT 59526 (406)353-2205 ext. 485 Blaine, Phillips *Indian and non-Indian households within the exterior boundaries of the reservation. *Households with at least one enrolled tribal member (any tribe) who reside in or near the communities of Harlem, Dodson, Zortman, Landusky, and Zurich. Fort Peck FDPIR PO Box 1027 Poplar, MT 59255 (406)768-5321 Daniels, Roosevelt, Sheridan, Valley, Richland, McCone *Indian and non-Indian households within the exterior boundaries of the reservation. *Households with at least one enrolled tribal member (any tribe) who reside within twenty miles of the reservation including those residing in or near communities of Nashua, Glasgow, Culbertson, Froid, or Medicine Lake Northern Cheyenne FDPIR PO Box 128 Lame Deer, MT 59043 (406)477-8278 Big Horn, Rosebud *Indian and non-Indian households within the exterior boundaries of the reservation. *Households with at least one enrolled tribal member (any tribe) who reside within ten miles of the boundaries of the reservation, excluding those who reside within the boundaries of the Crow Reservation. Rocky Boy FDPIR (Chippewa Cree) PO Box 544 Rocky Boy Route Box Elder, MT 59521 (406)395-4315 Chouteau, Hill *Indian and non-Indian households within the exterior boundaries of the reservation. *Households with at least one enrolled tribal member (any tribe) who reside in or near the community of Box Elder. Trenton Indian Service Area Commodity Food Program PO Box 210 Trenton, ND 58853-0210 Phone (701)572-8316 FAX (701)572-0124 Roosevelt and Richland Counties *Household with at least one enrolled tribal member (any tribe) who reside within the service area. See map attached to the end of the policy.
COUNTIES OTHER THAN RESERVATION OR ADJACENT COUNTIES: If the eligibility staff member has reason to believe the applicant/recipient might be on the FDPIR program, they should phone the FDPIR program(s). The eligibility staff member may also choose to send form DPHHS -FD- 002 to the FDPIR program.
DUAL PARTICIPATION: If dual participation is identified, FDPIR and eligibility staff member will need to communicate to evaluate who will be responsible for pursuing the overpayment. Generally, the program that provided the duplicate benefit will be required to pursue repayment. Exceptions will be made when the participant failed to report a change in status timely or when the initial issuance site made an administrative error. NOTE: If the household did not report receiving commodities on the application, a disqualification for intentional program violation (IPV) should be pursued. An individual disqualified for (IPV) from SNAP is disqualified from not only the SNAP but also from receiving commodities from FDPIR. Effective Date: May 23, 2025
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SNAP 201-10 NAC-NATIONAL ACCURACY CLEARINGHOUSE Dual Participation: Interstate Data System Supersedes: FS 201-10 Reference: 7 CFR 272.18; 7 CFR 272.4(b); CFR 272.18; CFR 273.12; Agriculture Improvement Act of 2018; NAC IFR Policy Memo
Overview: The NAC interim final rule promulgates the requirements of the Agriculture Improvement Act of 2018 (2018 Farm Bill) to establish the NAC for the purpose of preventing multiple issuances of SNAP benefits to an individual by more than one State agency simultaneously. State agencies are required to share information about SNAP participants with the Food and Nutrition Services (FNS), conduct matches against the NAC to discover and prevent interstate duplicate participation, and take appropriate actions when matches are found. The NAC is an interface that will be part of CHIMES Universal Inquiry screen and have a NAC Website. This inquiry will show if households have or have had SNAP in the following states: Iowa, Louisiana, Massachusetts, and The Department (other states will be added a later date). All other states must comply by October 4, 2027. The NAC website is located at: https://search.nac.fns.usda.gov/
Reporting Requirements: 1. The Department must provide information for each active SNAP participant to the NAC according to procedures and formats established by FNS. For the purposes of the NAC, an active SNAP participant is defined as an individual who is approved to receive benefits for the benefit month in which the State agency is uploading the data. The Department shall establish procedures to ensure the information provided is accurate and only includes active participants.
2. For each individual, The Department must report the following identifying information, referred to as NAC data matching elements, to the NAC: name, Social Security number, and date of birth. The Department must transmit the NAC data matching elements to the system per the process specified by FNS. The NAC data matching elements are used by the NAC to determine the existence of positive matches.
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3. The Department shall also report the following information: participant ID and, when applicable, a vulnerable individual flag. All information shall be reported in accordance with procedures provided by FNS. Eligibility Workers must comply with SNAP 301-1 in instances where a Social Security number is not available.
a) A vulnerable individual flag is used to identify when precautions must be taken to protect the individual's information in the event of a match. A vulnerable individual can self-identify during the application or recertification process or may be identified by the Department on a discretionary basis using the criteria in section 3(b) of this policy.
b) A vulnerable individual, for the purpose of the NAC, includes but is not limited to, those who would be endangered by the dissemination of their information, regardless of their age or gender, such as a resident of a shelter for battered women and children, a resident of a domestic violence shelter, or a person who self-identifies as fleeing domestic violence at any point during application, recertification, certification, or addition of a new household member. Vulnerable individuals should be marked as “living in a domestic violence shelter” in CHIMES. Please see the NAC Interface Business Process
4. The Department shall maintain the security, privacy, and accuracy of information submitted to the NAC, including ensuring that information provided to the NAC follows the standards and procedures provided by FNS and only includes active SNAP participants.
Use of Match Data: 1. Prior to conducting a NAC query at application, recertification, or the addition of a household member, the Department shall follow verification procedures described in SNAP 303-1 for Social Security numbers and SNAP 103-5 for residency and identity. After following these verification procedures, The Department shall conduct a NAC query on the individual applying, recertifying, or being added to a household.
2. When the Department receives a positive match from a NAC query at application, recertification, or when adding a household member:
a) The OPA shall have 10 days from the date the match is received to initiate action to resolve the match and notify the other State agency of the initiated action.
b) The Department must resolve the match to determine the appropriate actions to take on the case. To resolve a match, the Department may use information known to the Department, must verify any questionable information in accordance with SNAP 1501-1, and must notify the individual of the match. The Department may not take any action to deny, terminate, suspend, or reduce SNAP benefits based on information received from the NAC until the information has been verified by the Department and the individual has been provided notice of the match and an opportunity to respond to the notice, in accordance with SNAP 103-5.
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3. Any communication or notice resulting from a NAC match must not include the location of the individual(s).
4. If the OPA needs more information to resolve the match or if the information it has could lead to a denial of benefits or other adverse action on the case, the Department shall provide a written notice of match results that clearly explains what information is needed from the household and the consequences of failing to respond within the timeline provided in the notice. The notice must comply with bilingual requirements and must afford at least 10 days from the date the notice is mailed for a response.
5. After The Department has determined the appropriate disposition of the case, it shall promptly share the resolution information with the other state agency.
6. Timeline standards must be followed for normal and expedited processing as applicable. A lack of timely action or communication between state agencies must not delay the determination of benefits for an individual or household.
7. The NAC shall automatically conduct bulk matches on a monthly basis of the NAC data matching elements provided by all participating state agencies from the daily upload of active SNAP participants to discover existing duplicate participation and shall provide notifications to State agencies when matches are found for participants in their state.
8. If the Department receive information related to a NAC data match during the certification period for an individual currently participating in SNAP in the state of Montana, it must initiate action to resolve the match and communicate with the other state agency within 10 days of the match notification. Information related to a NAC data match that may be received during the certification period includes:
a) Notification of data matches directly from the NAC indicating that an active SNAP participant is receiving benefits in another State; and
b) Communication from another State agency based on an NAC data match indicating that an active SNAP participant is part of an applicant household or was added to an active household in another State.
9. When the OPA receives a NAC match from another state, the household must be sent a notice of match results combined with a notice of adverse action.
a) The notice of adverse action must provide an opportunity to contest the information received and must allow the household no fewer than ten (10) days to provide required verification.
b) Any communication with the household, including a written notice, must not include the location of the individual(s) identified in a match and must follow bilingual requirements.
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10. After the OPA has determined the appropriate disposition of the case, they shall share the resolution with the other State agency.
11. Eligibility workers must report and document in case notes all instances of matches and the actions taken to resolve them.
12. Montana shall provide for the establishment and collection of claims as appropriate.
13. Information obtained from the NAC is subject to the disclosure provisions in SNAP 101-1 and SNAP 103-3. The Department shall not use information obtained from the NAC for any purpose other than to prevent duplicate participation.
Effective Date: October 25, 2023
SNAP 301-1 NON-FINANCIAL REQUIREMENTS Citizenship Supersedes: SNAP 301-1 (10/01/09); Bulletin 80 (10/01/2021) Reference: 7 CFR 273.4; Food Stamp Act of 1977 Overview: All members of the assistance unit must be United States (U.S.) citizens, Nationals, or eligible aliens. A SNAP applicant must: 1. Be a U.S citizen, U.S. National or an eligible alien. Verification of citizenship is only required if status is questionable. Eligible alien status must be verified (SNAP 301-2). NOTE: Expedited services cannot be delayed solely for verification of citizenship or eligible alien status. 2. Sign a declaration under penalty of perjury the applicant is a U.S. citizen or U.S. National. This declaration is included on the HCS-250, ‘Application for Assistance’. U.S. CITIZEN: A U.S. citizen is someone born in: 1. One of the 50 states. 2. The District of Columbia. 3. Puerto Rico. 4. Guam. 5. The Virgin Islands; or, 6. The Northern Mariana Islands NOTE: Individuals born in the United States are U.S. citizens including children whose parents are present in the U.S. illegally. U.S. NATIONALS: A U.S. National is someone born in: 1. American Samoa; or, 2. Swain’s Island.
NOTE: There is no requirement U.S. Nationals register with the U.S. Citizenship and Immigration Services (USCIS) or carry any documentation. CHILD CITIZENSHIP ACT OF 2000: Beginning February 27, 2001, the ‘Child Citizenship Act of 2000’ allows children who are born abroad including children adopted from a foreign country to acquire citizenship automatically. All of the following conditions must be met: 1. At least one parent of the child is a U.S. citizen by birth or naturalization; and, 2. The child is under the age of 18 years; and, 3. The child is a lawful and permanent resident residing in the legal and physical custody of the U.S. citizen parent; and, 4. The adoption is final, if the child is adopted. Once all of the above conditions have been met on or after February 27, 2001, citizenship is granted without further action required on the part of the family or government. When citizenship has been granted, it does not go away even if any of the above conditions no longer continues to be met (e.g., child turns 18 after 02/27/01). NATURALIZATION: People who are not U.S. citizens by birth may acquire citizenship by naturalization. Aliens do not become citizens simply by marrying a U.S. citizen, but spouses can apply for naturalization and, if eligible, become citizens through the court. In some instances, alien children become U.S. citizens when a parent is naturalized. These children might have their own separate naturalization records or papers. If so, their citizenship can be verified the same as an adult; if not, the situation is referred through the USCIS status verifier. NOTE: These children may qualify through the ‘Child Citizen Act of 2000’. Citizenship acquired by naturalization can be verified in the county where naturalization occurred. Each county Clerk of Court has an index of all individuals naturalized in the county. If the person’s record cannot be located or the county of naturalization is not known, verification can be obtained from USCIS who maintains an index of all naturalized individuals. DERIVATIVE CITIZENSHIP: Children can derive citizenship from their parent(s). For example, a child born abroad to a U.S. citizen might acquire foreign citizenship depending on the laws of that country, but the child might also claim U.S. citizenship. Refer the individual to USCIS to complete the necessary paperwork and provide status verification. NOTE: These children may qualify through the ‘Child Citizen Act of 2000’. PERSON BORN ABROAD: There are many legal considerations in determining the citizenship of a person born abroad. In the absence of verification, these situations are referred for determination through the USCIS status verifier. NOTE: These individuals may qualify through the ‘Child Citizen Act of 2000’. FOREIGN ADOPTION BY U.S. CITIZEN:
Since foreign-born adopted children do not acquire U.S. citizenship by virtue of adoption by U.S. citizens, determine if the child has been granted U.S. citizenship by application to USCIS. NOTE: These individuals may qualify through the ‘Child Citizen Act of 2000’. If the birth certificate shows a foreign place of birth and the individual cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U.S. citizenship. VERIFICATION: All assistance unit members must be a U.S. citizen, a U.S. National or eligible alien (SNAP 301-2) to receive benefits. Any of the following documents can be used to verify U.S. citizenship or U.S. National status: 1. Birth certificate. 2. U.S. passport. 3. Report of Birth Abroad of a Citizen of the U.S. 4. Religious record. 5. Certificate of citizenship (form N-560 or N-561) or naturalization (form N-550 or N-570) provided by USCIS, such as identification cards for the use of resident citizens in the U.S. 6. Participation in another program if verification of citizenship or non-citizen national status was obtained for the program; or, 7. If the household cannot obtain a form of verification listed above and the household can provide a reasonable explanation as to why verification is not available, the eligibility staff member must accept a signed statement by an individual who is a U.S. citizen, under penalty of perjury, indicating a reasonable basis for knowledge the individual in question is a U.S. citizen or non- citizen national. The signed statement must contain a warning of the penalties for helping someone commit fraud. Effective Date: July 25, 2022
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SNAP 301-2 NON-FINANCIAL REQUIREMENT Eligible Alien Status
Supersedes: SNAP 301-2 (October, 1, 2025) Reference: 7 CFR 273.1(b)(7)(i); 7 CFR 273.2(b)(1)(iii); 7 CFR 273.2(f)(1)(ii); 7 CFR 273.4; 7 CFR 273.11(c)(3); Section 11(e)(15) of the Food and Nutrition Act of 2008 (Enacted June 3, 2023)
Overview: An individual who is not a U.S. citizen or a U.S. National must have their alien status verified to be included in the assistance unit. The State agency must give the household the option of withdrawing its application or participating without a household member if that individual does not wish the State agency to verify his/her immigration status. State agencies cannot deny benefits to otherwise eligible household members because other members have chosen not to disclose their citizenship, immigration status, or Social Security number. Household members that “opt out” are considered non-applicants and are ineligible for SNAP. Alien visitors, tourists, diplomats, and students who enter the U.S. temporarily with no intention of abandoning their residence in a foreign country are not eligible for SNAP benefits under any circumstances. ALIEN STATUS VERIFICATION (SAVE) Immigration status of all alien applicants must be verified with USCIS by applying item 1. The eligibility determination process shall not be delayed pending USCIS verification of the documents if all other eligibility criteria have been met. If an individual’s citizenship or status as a non-citizen national is questionable, the eligibility staff member must verify the member’s citizenship or non-citizenship national status by applying either item 2 or 3. *****FOR UNDOCUMENTED ALIENS, SEE THE ‘Reporting Undocumented Aliens’ SECTION BELOW. ***** 1. All requests must be made electronically through the Department of Homeland Security (DHS) using the Verification Information System. To accommodate this
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process, all SAVE requests will be submitted from the Office of Public Assistance staff to PAB Central Office and from there to DHS. The eligibility staff member will: a. Obtain and scan all available immigration documentation for each applicant and save as permanent documents; b. Complete the electronic SAVE Request Data Form with all available data including Alien Registration number, I-94 number, and/or I-551 number. If none of these identification numbers are available, enter an explanation in the “Comments and Other Information” field on the SAVE form; c. E-mail the SAVE form and scanned documents as an attachment to PAB Central Office at hhssystem@mt.gov; and d. Document in case notes the result of USCIS verification when returned from PAB Central Office and retain appropriate documentation in the case file. 2. Participation in another program if verification of citizenship or non-citizen national status was obtained for that program; OR 3. If the household cannot obtain the forms of verification listed in #1 or #2, and the household can provide a reasonable explanation as to why verification is not available, the eligibility staff member must accept a signed statement, under penalty of perjury, from a third party indicating a reasonable basis for knowledge the individual in question is a U.S. citizen or non-citizen national. The signed statement must contain a warning of the penalties for helping someone commit fraud.
QUALIFIED ALIEN CATEGORIES: 1. Lawfully Admitted to the United States for Permanent Residence (LAPR) - an alien granted status as a LAPR by the Immigration and Nationality Act (INA). 2. Cuban and Haitian entrant status - an alien granted status as a Cuban or Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980. 3. COFA Migrant- individuals who are lawfully residing in the United States in accordance with the Compacts of Free Association between the United States and Micronesia, the Marshall Islands, and Palau, as defined under Immigration and Nationality Act Section 141 and resides in accordance with a Compact of Free Association referred to in section 402 of the Responsibility and Work Opportunity Reconciliation Act of 1996. There is no 5 year waiting period for
Following the One Big Beautiful Bill (OBBB/HR1) Some alien groups previously eligible for SNAP are no longer eligible. Aliens continue to be subject to a 5-year waiting period, unless exempted by PRWORA. The chart below summarizes eligibility for aliens
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Eligible Alien Groups Under the OBBB Eligibility Timing • Non-citizen U.S. Nationals • Cuban and Haitian entrants • Compacts of Free Association (COFA) citizens Eligible immediately, with no waiting period, as long as they meet all other SNAP financial and non-financial eligibility requirements. • Lawful Admitted Permanent Residents (LAPR) (also known as Green Card holders) Eligible after a 5-year waiting period, as long as they meet all other SNAP financial and non-financial eligibility requirements. LAPRs may still be eligible for SNAP without a waiting period if they meet one or more of the following conditions: • Are under 18 years old • Have 40 qualifying work quarters • Are blind or disabled • Were lawfully residing in the U.S. and 65 or older on August 22, 1996 • Have a U.S. military connection • Are admitted to the United States as an Amerasian immigrant • Are an American Indian born abroad • Certain Hmong or Highland Laotian tribal members • Transitioned from Refugee to LAPR • Transitioned from Granted Asylum to LAPR • Transitioned from Deportation withheld • Certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2023 who are now LAPR’s • Certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024 who are now LAPR’s • Iraqi and Afghani Special Immigrants (SIV) • Victims of Severe Trafficking and Certain Family Members
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COUNTING WORK QUARTERS- No work quarters are creditable for any period after December 31, 1996, if the alien (or the parent or spouse) received any federal means- tested benefits or received SNAP benefits during the period the work quarters were earned. Federal means-tested benefits are TANF Cash, and Tribal TANF, or BIA Tribal Assistance. a. The individual must provide proof of earnings of 10 years or more with employer statements, income tax forms, wage stubs, etc., or obtain verification by requesting the information from the regional Social Security Administration (SSA) office. The eligibility staff member can access Montana's State Verification and Exchange System (SVES) interface with SSA to establish the 40 quarters of work for the LAPR 'qualified alien'. b. A maximum of four credits may be earned in a year by each individual. Credits will be credited only after the calendar quarter has ended. Calendar quarters mean the four calendar months ending March 31st, June 30th, September 30th, and December 31st of any year. NOTE: Any earnings of a non-citizen for work legally performed in the U.S. are used when calculating quarters of work. This includes earnings not creditable for Social Security benefits. The eligibility staff member determines if the non-citizen has earned a quarter of work using the 'National Average Wage Index Needed to Earn One Quarter of Coverage' at the end of this section. Any earnings of a non-citizen for work performed in another country if the work is creditable for Social Security benefits are included. One quarter of work can be counted for more than one person (e.g., Mom, dad, and child apply for assistance. Mom and dad worked the third quarter of 2000. Since both spouses worked the quarter, all three individuals can count two quarters for 03/00 - one from mom and one from dad). Technically, it is possible to earn 40 quarters in only 20 quarters if both spouses worked the same 20 quarters. A qualifying quarter of work is credited if earned by: 1. The alien; 2. The alien's living or deceased parents (natural, adopted or stepparents) while the alien was under age 18 (including quarters earned before his birth regardless of his current age); or, 3. The alien's spouse during their marriage if the marriage continues or if the spouse is deceased. Information on the alien's quarters of work may be obtained by accessing the SSA interface. If the alien does not have the required 40 quarters of their own, the eligibility staff member needs to access another family member's information to make up the difference or verify earnings by another method such as wage stubs. NOTE: Only the alien's parents’ or spouse’s information may be accessed because a child’s quarters or a sibling's quarters cannot be attributed to a parent or a sibling.
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INELIGIBLE ALIEN RESOURCES, INCOME, AND EXPENSES: The resources of an ineligible alien are excluded because the individual is expanded categorically eligible. Income and expenses of the ineligible alien are prorated among the remaining household members. Income and expenses must be coded against the ineligible alien or income and expenses will not be prorated. EXCEPTION: A household is allowed the full appropriate mandatory utility allowance if the individuals who share the utility expense(s) are not in the SNAP assistance unit because they are an ineligible alien, Able Bodied Adults Without Dependents (ABAWD) disqualified, or SSN disqualified, but are otherwise required household members. This also applies to households with an ineligible student. REPORTING UNDOCUMENTED ALIENS: The Office of General Counsel (OGC) provides two criteria to be used in determining when to report undocumented aliens to USCIS. One of the following criteria must be met: 1. If during the SAVE verification process it is determined that the SNAP applicant is not lawfully present in the United States. *** Please note that our agency may only report the unlawful presence of non-citizens who have applied for SNAP benefits. We do not report if undocumented aliens reside in the same home or if undocumented adults are applying strictly for their children***. 2. USCIS documents presented by the household during the application process are determined to be forged. During the certification or recertification process, the eligibility staff member may discover other information which indicates someone in the household is an undocumented alien. To determine that a member or members of that household are in fact undocumented aliens based on this other information, it must be reported to USCIS. We must conform to the reporting requirements of the PRWORA and the Interagency Notice.
SNAP Alien Eligibility Pre- and Post- One Big Beautiful Bill Act (OBBB) This chart compares SNAP eligibility for alien groups before and after the OBBB became law. Per 7 CFR 273.4(a)(6)(iv), each category of eligible alien status stands alone for purposes of determining eligibility. If eligibility expires under one eligible alien status, must determine if eligibility exists under another status.
For additional clarification please review your resource guide.
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Alien Group Pre-OBBB Eligibility Post-OBBB Eligibility Non-Citizen U.S. Nationals Eligible immediately Eligible immediately Lawful Permanent Residents (LAPR) Eligible after a 5-year waiting period, as long as they meet all other SNAP financial and non- financial eligibility requirements. LAPRs may still be eligible for SNAP without a waiting period if they meet one or more of the following conditions: • Are under 18 years old • Have 40 qualifying work quarters • Are blind or disabled • Were lawfully residing in the U.S. and 65 or older on August 22, 1996 • Have a U.S. military connection Eligible after a 5-year waiting period, as long as they meet all other SNAP financial and non- financial eligibility requirements. LAPRs may still be eligible for SNAP without a waiting period if they meet one or more of the following conditions: • Are under 18 years old • Have 40 qualifying work quarters • Are blind or disabled • Were lawfully residing in the U.S. and 65 or older on August 22, 1996 • Have a U.S. military connection • Are admitted to the United States as an Amerasian immigrant
• Are certain American Indians born abroad • Are certain Hmong or Highland Laotian tribal members • Transitioned from Refugee to LAPR • Transitioned from Granted Asylum to LAPR • Transitioned from Deportation withheld to LAPR
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• Certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2023 who are now LAPRs • Certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024 who are now LAPRs • Iraqi and Afghani Special Immigrants (SIV) • Victims of Severe Trafficking and Certain Family Members
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Alien Group Pre-OBBB Eligibility Post-OBBB Eligibility Cuban and Haitian Entrants (CHE) Eligible immediately Eligible immediately Compacts of Free Association (COFA) Citizens Eligible immediately Eligible immediately Children Under Age 18 in any SNAP-eligible Alien Group Eligible immediately Eligible immediately LAPRs with 40 Qualifying Work Quarters Eligible immediately Eligible immediately Individuals in any SNAP- eligible Alien Group Who is Blind or Disabled Eligible immediately Eligible immediately Individuals in any SNAP- eligible Alien Group Lawfully Residing in the U.S. and Was 65 or Older on August 22, 1996 Eligible immediately Eligible immediately Individuals in any SNAP- eligible Alien Group Who Has a Military Connection Eligible immediately Eligible immediately Deportation Withheld Eligible immediately Not eligible unless an LAPR, then eligible immediately Amerasians Eligible immediately Not eligible unless an LAPR, then eligible immediately Certain American Indians Born Abroad Eligible immediately Not eligible unless an LAPR, then eligible immediately Hmong or Highland Laotian Tribal Members Eligible immediately Not eligible unless an LAPR, then eligible immediately Iraqi and Afghan Special Immigrants (SIV) Eligible immediately Not eligible unless an LAPR, then eligible immediately Conditional Entrants Eligible immediately Not eligible unless an LAPR. 5 year waiting period unless other qualifying condition met Battered Aliens Eligible immediately Not eligible unless an LAPR. 5 year waiting period unless other qualifying condition met
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NON-CITIZEN QUARTERS OF WORK CALCULATION National Average Wage Index Needed to Earn One Quarter of Coverage YEAR AMOUNT OF EARNINGS YEAR AMOUNT OF EARNINGS 1975 $50 1995 630 1976 50 1996 640 1977 50 1997 670 1978 250 1998 700 1979 260 1999 740 1980 290 2000 780 1981 310 2001 830 Victims of Severe Trafficking and Certain Family Members Eligible immediately Not eligible unless an LAPR, then eligible immediately Refugees Eligible immediately Not eligible unless an LAPR, then eligible immediately Individuals Granted Asylum Eligible immediately Not eligible unless an LAPR, then eligible immediately Parolees Eligible after a 5-year waiting period Not eligible unless an LAPR, then eligible immediately Certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2023 Eligible immediately Not eligible unless an LAPR, then eligible immediately Certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024 Eligible immediately Not eligible unless an LAPR, then eligible immediately LAPR Pursuant to Section 249 of the INA (8 USC 1259) Eligible after a 5-year waiting period See “Post-OBBB Eligibility” for LAPR
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1982 340 2002 870 1983 370 2003 890 1984 390 2004 900 1985 410 2005 920 1986 440 2006 970 1987 460 2007 1000 1988 470 2008 1050 1989 500 2009 1090 1990 520 2010 1220 1991 540 2011 1220 1992 570 2012 1130 1993 590 2013 1160 1994 620 2014 1200 1995 630 2015 1220 1991 540 2016 1260 1992 570 1993 590 1994 620
Effective Date: December 10, 2025
SNAP 301-3 NON-FINANCIAL REQUIREMENTS Sponsored Aliens
Supersedes: SNAP 301-3 (07/25/2022) Reference: 7 CFR 273.4(c) Overview: When determining eligibility for sponsored aliens, the income and resources of the sponsoring United States citizen(s) must be deemed to the alien(s). ALIEN SPONSOR: An alien sponsor is an individual who: 1. Is a citizen or national of the U.S., or an alien who is lawfully admitted to the U.S. for permanent residence; 2. Is 18 years of age or older; 3. Is residing in any of the 50 states or the District of Columbia; and; 4. Is the person petitioning for the admission of the alien under section 204 of the INA (Affidavit of Support pursuant to Section 213A of the INA). DEEMING NOT REQUIRED: Deeming of income and resources to a sponsored alien is not required if the alien is: 1. Participating as part of the sponsor’s household; 2. Sponsored by a SNAP recipient in another household; 3. Sponsored by an organization or group; 4. Not required to be sponsored under the Immigration and Nationality Act (e.g., refugee, individuals granted asylum, a Cuban or Haitian entrant, etc.); 5. An immigrant child under 18 years old; 6. A citizen child under age 18 of a sponsored alien; 7. A battered alien spouse, alien parent of a battered child, or child of a battered alien, for 12 months after the State agency determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, the State agency must not deem the batterer's income and resources if the battery is recognized by a court or the USCIS and has a substantial connection to the need for benefits, and the alien does not live with the batterer.
DEEMING OF SPONSOR’S INCOME AND RESOURCES: The income and resources of the alien’s sponsor and the spouse of the sponsor (if the spouse also signed an Affidavit of Support) are deemed to be available to the alien until such time as the alien: 1. Achieves U.S. citizenship; 2. Has worked or can be credited with 40 qualifying quarters of work (SNAP 301-2), or; 3. The sponsor is deceased. Income deemed to the sponsored alien is counted as unearned income to the sponsored alien. Resources deemed to the sponsored alien are counted as resources for the sponsored alien. NOTE: When determining the amount of income and resources to be deemed, the sponsor’s spouse’s income and resources are included even if they were not married at the time the agreement was signed. If the sponsor and spouse do not live together, only the income and resources of the sponsor are counted. When a sponsor sponsors more than one alien household, the sponsor’s income and resources are divided among the number of alien households sponsored. When an alien changes sponsors after being certified for SNAP benefits, the new sponsor’s income and resources are used to determine continued eligibility. DEEMED INCOME: The countable deemed income is coded against the alien. Manually calculate the amount of income to be deemed as follows: 1. __________Sponsor’s (and spouse’s) income. 2. -_________Earned income disregard (20%). 3. -_________Disregard an amount equal to the gross monthly income limit for the sponsor and dependents. The number of dependents who could be claimed on the federal income tax return is used. 4. =_________Income to be deemed. 5. __________Divide income to be deemed (line #4) by the number of alien households sponsored. This is the income deemed to each sponsored household. NOTE: Money provided by the sponsor in excess of the deemed income amount is counted as unearned income (contribution). DEEMED RESOURCES: The countable amount of resources to be deemed is coded against the alien. Manually calculate the amount of resources to be deemed as follows: 1. ___________Sponsor’s (and spouses) countable resources. 2. -__________1,500.00 General resource limitation (per regulation) 3. =__________Resources to be deemed. 4. ___________Divide resources to be deemed (line #3) by the number of alien households sponsored. This is the amount of resources deemed to each sponsored household. ALIEN’S RESPONSIBILITY:
The eligible sponsored alien is responsible for: 1. Obtaining the cooperation of the sponsor and providing information or documentation necessary to calculate deemed income and resources. 2. Providing names and other identifying information of other aliens for whom the alien’s sponsor has signed an affidavit of support, if known. 3. Reporting if the sponsor changes and provide required information; and, 4. Reporting a change in income if the sponsor changes, loses employment, or dies DISQUALIFIED SPONSORED ALIEN: The income and resources of sponsored aliens that are disqualified from participation are counted toward the household’s needs. However, the portion of the sponsor’s income and resources deemed to the disqualified member is not included when determining the remaining household’s eligibility. OVER ISSUANCES: Both the sponsor and the alien are held liable for any over issuances. Claims may be established against both parties unless it is verified one of the parties was without fault in providing the information. Effective Date: March 6, 2024
SNAP 304-1 NON-FINANCIAL REQUIREMENTS: Categorical and Expanded Categorical Eligibility
Supersedes: SNAP 304-1 (07/25/2022) Reference: 7 CFR 273.2(j); 7 CFR 273.8(e) Overview: Federal law provides the basic eligibility rules for SNAP. There are two basic pathways to gain financial eligibility for SNAP: 1. Having income and resources below specified levels set out in federal SNAP law (regular eligibility); or, 2. Being “categorically,” or automatically, eligible based on receiving benefits from other specified low-income assistance programs. Traditional Categorical Eligibility (CE) describes households in which all members receive or are authorized to receive CASH assistance funded by TANF, TANF Post Employment, Tribal TANF, or SSI. Expanded categorically eligible (ECE) describes households in which all members receive or are authorized to receive non-cash assistance (in Montana this is the TANF Information and Referral Services brochure). This policy addresses number 2 above - Categorical Eligibility and Expanded Categorical Eligibility. CATEGORICAL ELIGIBILITY AND EXPANDED CATEGORICAL ELIGIBILITY: Categorical Eligibility includes both: 1. Traditional categorical eligibility (referred to in Montana as CE – Categorically Eligible) describes households in which all members receive or are authorized to receive cash assistance funded by TANF, TANF Post Employment, Tribal TANF, or SSI; and,
2. Broad-based categorical eligibility (referred to in Montana as ECE – Expanded Categorically Eligible) describes households in which all members receive or are authorized to receive non-cash assistance. In Montana, this is the TANF Information and Referral Services brochure. The following describes these in more detail: Traditional Categorical Eligibility (CE): Households in which all members are either eligible for or receive cash benefits from TANF, TANF Post Employment, Tribal TANF, or Supplemental Security Income (SSI) are categorically, or automatically, eligible for SNAP. These households, who have already gone through eligibility determination for those programs, bypass the income and resource tests and are deemed financially eligible. There is no asset/resource test for CE households. They then have their SNAP benefits determined. Categorically eligible households have their SNAP benefit allotment determined under the same rules as other households. A household’s SNAP benefit amount is based on the maximum benefit (which varies by household size) and its net countable income after deductions for certain expenses. While the household may be categorically eligible, its net income may be too high to actually receive a SNAP benefit. The exception is that all eligible households consisting of one or two persons are eligible for at least the minimum monthly benefit. Eligible households with three or more members passing the GMI and NMI tests that are not eligible for a benefit amount are denied or closed. Expanded Categorical Eligibility (ECE): Households in which all members receive or are authorized to receive non-cash assistance have expanded categorical eligibility. In Montana, the non-cash assistance is the TANF Information and Referral Services brochure. All ECE households, including households with an elderly or disabled household member, must pass a gross income test (GMI) of 200% of the federal poverty level but are not required to pass a net income test (NMI). There is no asset/resource test for ECE households except as noted. ECE households have their SNAP benefit allotment determined under the same rules as other households. A household’s SNAP benefit amount is based on the maximum benefit (which varies by household size) and its net countable income after deductions for certain expenses. While the household may be ECE, its net income may be too high to actually receive a SNAP benefit. The exception is that all eligible households consisting of one or two persons are eligible for at least the minimum monthly benefit. Eligible households with three or more members passing the GMI and NMI tests that are not eligible for a benefit amount are denied or closed. NOTE: When a household with an elderly (age 60 or older) or disabled individual does not pass the 200% gross income test, eligibility is determined under regular program rules without a gross income test and with a resource limit of $4,500. HOUSEHOLDS NOT CATEGORICALLY ELIGIBLE (CE) OR EXPANDED CATEGORICAL ELIGIBLE (ECE): The following households are not CE or ECE even if they meet the TANF requirements stated above: 1. The entire household is residing in an institution.
NOTE: Residents of public institutions who apply jointly for SSI and SNAP benefits prior to release from the institution are considered categorically eligible once SSI eligibility is determined and the individual is released from the institution. 2. The entire household is disqualified from SNAP. 3. A member is disqualified for any of the following reasons: a. intentional program violation. b. fleeing felon or probation/parole violation. c. convicted of receiving duplicate benefits. d. convicted of trading benefits for weapons, ammunition, explosives, or drugs. e. convicted of buying or selling benefits of $500 or more. f. convicted after 08/22/96 of a federal or state felony for possession, use or distribution of illegal drugs. CE AND ECE WITH INELIGIBLE HOUSEHOLD MEMBERS: Households with the following ineligible household members can still be CE or ECE: 1. Ineligible student. 2. Ineligible aliens. 3. Ineligible able-bodies adults without dependents. 4. Ineligible due to failing or opting not to provide a social security number. 5. Ineligible due to work registration disqualification. TANF DISQUALIFICATION: When an individual is disqualified from TANF or Tribal TANF for any reason other than ineligible alien, the individual is no longer categorically eligible. Generally, the household is no longer categorically eligible. All SNAP eligibility factors must be reviewed. All individuals who continue to receive a TANF benefit are categorically eligible individuals. VERIFICATION: For Categorically Eligible households, all household members’ resources, Social Security number, residency, and sponsored alien information are verified by another program and are not required to be verified again. All other eligibility factors must be verified by the SNAP Program and ALL eligibility factors must be verified for ECE households per verification policy. COMBINED TANF/ SNAP APPLICATION PROCESSING: If the household is eligible for SNAP without being categorically eligible (CE), process the application with the household as NOT categorically eligible – but as expanded categorical eligibility (ECE) if appropriate. If a household is not entitled to expedited services and is ineligible for SNAP without being categorically eligible, delay processing the application until TANF, Tribal TANF, or SSI eligibility is determined. The delay may not exceed the 30-day processing period. If TANF, Tribal TANF, or SSI eligibility is not determined within 30 days of original application date, the household is not categorically eligible (CE) but may be ECE. If benefits are denied, the notice of denial must inform the household of the need to request re-evaluation if they are approved for TANF, Tribal TANF or SSI based on the original SNAP application. If the household contacts the OPA or the OPA becomes aware of approval of TANF, Tribal TANF, or SSI within 30
days following the date the denial notice was sent, SNAP benefits are paid from the date TANF, Tribal TANF or SSI benefits are paid, or the date of the original SNAP application whichever is later. The eligibility staff member must review the original application as well as any pertinent changes that have taken place since the application was filed. Do NOT require the household to be interviewed again. However, information must be updated in CHIMES and any changes on the application must be narrated in the case note. NOTE: Tribal TANF and SSI do not have combined applications with SNAP. Therefore, the above information applies when notification of Tribal TANF or SSI approval is received. CATEGORICALLY ELIGIBILE STATUS: In addition to evaluation at application and recertification, CE and ECE status must be evaluated when any of the following changes occur: 1. TANF, TANF Post Employment, Tribal TANF or SSI benefits are terminated. 2. A household member is disqualified from TANF or Tribal TANF. 3. A new member is added or removed. Effective Date: October 1, 2024
SNAP 400 RESOURCES Overview
Supersedes: SNAP 400 (10/01/2023) References: 7 CFR 273.8; 7 CFR 273.10(b); 7 CFR 273.12(a)(3) Overview: The filing unit's resource eligibility is determined by evaluating non-excluded resources of each member. All resources owned by these individuals must be evaluated for ownership, accessibility, value, and exclusion status. Resource eligibility is determined by evaluating the household’s current and anticipated circumstances based on reasonable expectations and knowledge of its financial circumstances. The result accurately reflects all facts and the projection of resource eligibility through the certification or six-month report period. RESOURCES OF CATEGORICALLY AND EXPANDED CATEGORICALLY ELIGIBLE Resources for categorically eligible (CE) and expanded categorically eligible (ECE) individuals and households are excluded (SNAP 304-1). RESOURCE LIMITS CE and ECE households do not have to meet the resource test. Eligibility is denied or terminated if the value of non-excluded assets exceeds the following for non-CE and non-ECE households: 1. $4,500 for all households with an elderly (Age 60 or older) or disabled member in the assistance unit.
2. $3,000 for all other households.
DATE OF RESOURCE ELIGIBILITY APPLICATION/RECERTIFICATION Resources available at the time the household is interviewed are used to make the resource determination. Changes in resources that occur or are reported after the interview but prior to the approval or denial of the application/recertification are disregarded for the month of application. The changes must be considered in determining resource eligibility for the second month’s benefit unless the second month’s benefit was already issued or timelines do not allow for an adverse action notice to be sent to the household (SNAP 104-1). CURRENT MONTH INCOME Income received in the month is excluded as a resource in the month it is received. If the income is deposited into a bank account, it is excluded as a resource in the month received but is countable for future months. CHIMES All resources, even if excluded per policy, are entered in CHIMES. Do not postpone benefits to verify resources for CE or ECE households. Enter all resource data for each filing unit member on appropriate pages. CHIMES processes the source data and displays it on the resource page. When changes are made to the financial screens, eligibility must be re-determined. If benefits are authorized for the current benefit month, changes to the financial screens will require the eligibility staff member to authorize the changed benefit. EFFECTIVE DATE: October 1, 2024
SNAP 401-1 RESOURCES Ownership/Accessibility/Equity Value Supersedes: FS 401-1 (08/03/2022) Reference: 7 CFR 273.8 Overview: Ownership of a resource is determined by the: 1. Name(s) on the account, title, deed, contract, etc. 2. Source(s) of the funds in the account. 3. Purpose the account/investment was opened; and, 4. Activity of the account/investment. If the title, deed, contract, account, etc., has only one name listed, the resource belongs to that individual. If more than one name is listed, it is a jointly owned resource. JOINTLY OWNED RESOURCES: Resources of non-CE and non-ECE individuals owned jointly with someone outside the SNAP filing unit must be evaluated to determine accessibility to the non-CE or non-ECE household. Consider 100% of the resource available to the non-CE and non-ECE household unless the: 1. Household can demonstrate it only has access to a portion of the resource. The value of the portion available to the non-CE and non-ECE individual is counted as a resource. Jointly owned liquid resources (e.g., bank accounts, CDS, etc.) are fully accessible until the non-CE and non-ECE individuals are removed or access to the resource is restricted. A resource is inaccessible to non- CE and non-ECE individuals if access is restricted by an agreement between the joint- owners. NOTE: When a non-CE or non-ECE household member removes their name from an accessible jointly owned liquid resource, the action must be evaluated for a possible transfer of resources disqualification (SNAP 404-1). 2. Resource cannot be practically subdivided and the non-CE or non-ECE household member’s access to the resource is dependent on the agreement of a joint owner who refuses to comply; or, 3. Resources are jointly owned by a non-CE or non-ECE household residing in a shelter for battered adults and children and the member(s) of the former household and access to the value of the resources are dependent on the agreement of the joint-owner still residing in the former household. ACCESSIBILITY:
Resources are accessible when the non-CE or non-ECE household member is not restricted from accessing the resources regardless of who deposited the funds. DISPUTED ACCESSIBILITY: Accessibility of the resource must be evaluated when the resource is jointly owned, or the household rebuts ownership and/or accessibility. Verification such as bank statements, agreements, deeds, titles, or other collateral statements of ownership and/or accessibility is required. The household member’s statement alone is not sufficient verification. INACCESSIBLE RESOURCES: A resource is considered inaccessible if the sale or disposition is not likely to produce any significant return. When determining whether the resource is likely to produce a significant return, consider the ownership interest, the cost of selling, and the market value. A resource is identified inaccessible if its sale or other disposition is unlikely to produce any significant amount of funds for the support of the household. NOTE: This provision does not apply to stocks, bonds, and other negotiable financial instruments. Significant Return is any return estimated to be more than $1,500 after estimated costs of sale or disposition and considering the ownership interest of the household. Significant Amount is funds amounting to more than $1,500. NOTE: Verification of inaccessibility or value of the resource is not required unless the information provided is questionable. EQUITY VALUE: Subtract the amount owed from the fair market value of the resource to determine equity value. Only the equity value of an accessible resource is counted toward the resource limit. EXCLUDED RESOURCES: Excluded funds kept in a separate account retain the resource exclusion if they remain in a separate account. COMMINGLED EXCLUDED & NON-EXCLUDED FUNDS: Excluded funds commingled with non-excluded funds retain their exemption for six months from the date they are commingled (deposited). After six months from the date of commingling, all funds in the account are counted as a resource. FUNDS PRORATED AS INCOME: Only self-employment and educational funds prorated as income retain their exclusion for the time they were prorated as income even if the funds are commingled. Effective Date: April 18, 2023
SNAP 402-1 RESOURCES Countable and Excluded Resources Supersedes: FS 402-1 (04/01/08); Bulletin 81 (02/09/2011), Bulletin 88 (02/08/12); Policy Memo 08/20/2021 Reference: 7 CFR 273.8 Overview: The equity value of all resources (real and personal property) owned by the filing/assistance unit is countable unless specifically excluded by regulation. Some resources may be excluded if they are evaluated and determined inaccessible. ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACCOUNTS: ABLE accounts are tax-favored savings accounts established to provide secure funding for disability- related expense on behalf of designated beneficiaries deemed disabled before age 26. ABLE accounts are excluded both as income and resources. AGENT ORANGE: Payments under the Agent Orange Compensation Act (P.L. 101-201) are excluded. EXCEPTION: P.L. 102- 4, Agent Orange Act of 1991, authorized veterans' benefits to some veterans with service-connected disabilities resulting from exposure to Agent Orange. These VA payments are NOT excluded. ALIEN’S SPONSOR’S RESOURCES: The income and resources of the alien's sponsor and sponsor's spouse are deemed (SNAP 301-3) available to the sponsored alien (refugees do not have sponsors); until the alien: 1. Has obtained U.S. citizenship through naturalization; or 2. Has worked 40 qualifying quarters. EXCEPTION: The income and resources of the alien's sponsor are not deemed when determining eligibility and the benefit amount for an immigrant child who is under 18 years old. ANNUITIES: Annuities are contracts or agreements providing for the payment of income at regular intervals (e.g., monthly, quarterly, annually, etc.). The resource is entered in CHIMES based on the source of the annuity. If payments are made from the annuity, the annuity is excluded as a resource; however, the payments must be evaluated as unearned income. If payments are not made, the annuity must be evaluated to determine its accessibility. It is necessary to establish the source of the annuity (e.g.,
contract for deed, lawsuit settlement, mineral rights, etc.) to determine whether it is a countable resource. BASIC MAINTENANCE ITEMS: Basic maintenance items, also known as, household goods and personal effects, are excluded. The items are essential for day-to-day living such as clothes, jewelry, furniture, and other similar items of value including a home computer and satellite TV dish. BONDS: Bonds including United States savings bonds and Treasury bills, notes, and bonds are countable. Contact a securities dealer to determine the value of a government bond. A value of the bond can be provided if the bond can be cashed. NOTE: If the bonds are physically held by a joint owner refusing to surrender possession of the bonds to the household, the bonds are inaccessible and are excluded because the bonds must be presented to cash them. BURIAL EXCLUSIONS: One accessible bona fide, pre-paid funeral agreement per household member up to $1,500 is excluded. In the event the equity value exceeds $1,500, for whatever reason, only the amount above $1,500 including interest is counted. If a burial contract is inaccessible, it is treated in the same manner as an inaccessible trust fund (SNAP 402-3). BURIAL SPACE/PLOT: The value of one burial space for each filing unit member is excluded. BUSINESS ASSET DEVELOPMENT ACCOUNT: BADA is excluded. The account must be restricted as follows: 1. Established in the name of the individual and Capital Opportunities or other lending agency. 2. Used for business development such as purchase of assets, operation, maintenance, etc. 3. Funds disbursed by direct vendor payments; and, 4. Any funds disbursed to the individual must be counted as a resource in the month received and any other assets counted according to current policy if the business fails. BUSINESS CHECKING ACCOUNT: Money in a business checking account is a countable resource, but the self-employment funds prorated as income are excluded as a resource. The self-employment funds prorated as income retain their exclusion for the time they are prorated as income even if the funds are commingled. CAMPER: Campers not manufactured with the intent of providing transportation such as camper trailer, pick-up topper, etc. are excluded. CASH ON HAND:
Cash on hand is countable. If the cash on hand is income in the month received, it is excluded as a resource the month received. CERTIFICATE OF DEPOSIT (CD): A certificate of deposit is countable. The value of a certificate of deposit is the net amount received after penalties for early withdrawal. EXCEPTION: If the CD was purchased with funds prorated as self- employment income, it is excluded as long as it is a short-term CD expiring before the end of the period that the self-employment income was prorated. CONTRACT FOR DEED: The value of a contract for deed is excluded providing the contract is valid, the terms are being met, and the contract is producing income consistent with the fair market value of the property sold. Some things to consider when determining fair market value: the property location, condition of the property, and interest rate. The exclusion applies to the value of the property being sold under the contract or being held as security in exchange for a purchase price consistent with the fair market value of that property. CREDIT UNION ACCOUNTS: Credit union accounts are countable. CRIME VICTIM COMPENSATION: Crime Victim Compensation Act payments (P.L. 103-322) are excluded. CROWD FUNDING ACCOUNTS: GoFundMe, Kickstarter, and Indiegogo and other similar accounts are on-line platforms that allow donors to fund specific campaigns for charity, individuals in need, project, and business ventures. The account holders can access funds in two ways, either at any point throughout the campaign or only after the funding goal is met. The account meets the definition of liquid resource. The actual value of the funds that are accessible by the household are countable as a resource. CRYPTOCURRENCY: Cryptocurrencies such as Bitcoin, Ethereum, Litecoin, and other blockchain-based assets are becoming increasingly prevalent forms of value and currency storage mechanisms. Cryptocurrencies are considered liquid resources for SNAP under 7 CFR 273.8(c)(1). For the purposes of determining SNAP eligibility, the value of available resources is determined at the time of interview per 7 CFR 273.10(b). The value of digital currencies should be determined at the time the household is interviewed. If the virtual currency is listed on an exchange, the value should be determined by converting the currency into USD in a reasonable and consistent manner. FNS recommends that the State value the currency using the exchange rate listed on the exchange that the currency is stored in. For example, if a Bitcoin is purchased or held on the “Coinbase” exchange, the State agency should use the rate listed on that exchange. If the digital currency is not held on an exchange, the CSC will need to assess the value of the resource and case note how the value was obtained. Additionally, the eligibility worker should document the website URL, the exact exchange rate at the time of interview, the amount of digital currency the household owns and a screenshot of the exchange site the client is using.
DEDUCTIONS FROM MILITARY PAY: Mandatory deductions from military pay for educational purposes (GI Education Fund) while the recipient is enlisted (P.L. 99-576) are excluded. DISASTER & EMERGENCY ASSISTANCE: Funds issued because of a Presidential declared disaster (P.L. 100-707) or a result of a major disaster or emergency under the Disaster Relief and Emergency Assistance Amendments of 1988 are excluded. Exclude governmental disaster payments designated for restoration of a home damaged in a disaster if the household is subject to legal sanction if funds are not used as intended. This includes some, but not all, Federal Emergency Management Agency (FEMA) payments. EARNED INCOME TAX CREDIT (EITC) AND CHILD TAX CREDIT: EITC and Child Tax Credit, received as an advance payment or as a refund, are excluded as a resource in the month received and the month following receipt. EXCEPTION: Any federal, state, or local EITC and/or Child Tax Credit received by any household member is excluded for 12 months provided the household: 1. Was participating in SNAP at the time of EITC and/or Child Tax Credit receipt; and, 2. Participates continuously during that 12-month period. NOTE: Breaks in participation of one month or less due to administrative reasons are not considered as non-participation in determining the 12-month exclusion. EDUCATIONAL INCOME & LOANS: Please see Policy section SNAP 501-1 Unearned Income EDUCATIONAL SAVINGS PLANS: 529 education savings plans and Coverdell education savings accounts are excluded. FAMILY SELF-SUFFICIENCY: Funds held in an escrow account during the household's participation in a Department of Housing and Urban Development (HUD) Family Self- Sufficiency Program (FSSP) are excluded. ESCROW ACCOUNTS: Funds may be withdrawn from the escrow account with the permission from public housing authority for purposes related to the goal of the FSSP contract. This could include completion of higher education, job training, to meet start-up expenses involved in new small business, etc. Since the funds in the escrow account as well as any funds withdrawn from it before completing the program are not available to buy food, the escrow account is inaccessible and excluded from resources. The funds are also excluded as income. FEDERAL INCOME TAX REFUNDS: Federal income tax refunds are excluded as income in the month of receipt and as a resource for a period of 12 months following the month of receipt.
FEDERAL, STATE, OR LOCAL ENERGY ASSISTANCE PAYMENTS: Energy assistance payments or allowances made for the purpose of providing energy assistance under any federal law including utility reimbursements made by Department of Housing and Urban Development and the Farmers Home Administration are excluded. Low Income Energy Assistance Program (LIEAP) payments or allowances are excluded. FIRE OR CASUALTY INSURANCE PROCEEDS: Proceeds from a private insurance company are counted as a resource. If counted as income in the month received, the funds are counted as a resource the month following receipt. See 'Disaster and Emergency Assistance' in this section. HEALTH CARE IMPROVEMENT ACT OF 2000: Payments for the children of women Vietnam veterans who suffer from certain birth defects are excluded from income and resources. HOME AND SURROUNDING PROPERTY: Home and surrounding property which is not separated from the home by intervening property owned by others is excluded. Public rights of way, such as roads running through the surrounding property, do not affect the exclusion of the property. An exclusion for a vacated home continues if the household has intent to return, and the home is temporarily unoccupied due to: 1. Employment. 2. Training for future employment. 3. Illness; or, 4. Unlivable conditions caused by casualty or natural disaster. Households currently not owning a home but own or are purchasing a lot they intend to build or are building a permanent home, receive an exclusion for the value of the lot and the partially completed home. INCOME PRODUCING PROPERTY: Non-self-employment income producing property (e.g., rental properties, vacation homes, land leases, etc.) is excluded if the property produces income consistent with its fair market value. The exclusion also applies to property used on a seasonal basis. Some things to consider when determining fair market value: the property location and condition of the property. For property used in a trade or business (e.g., farming), see 'Property/Equipment Necessary for Self- employment' in this section. INDIVIDUAL DEVELOPMENT ACCOUNT (IDA): An IDA may be established by or on behalf of an individual eligible for TANF. An IDA is created and funded through periodic IDA contributions by an individual and matched by or through a not-for-profit organization or a state or local government agency in cooperation with such organization. The purpose of the account is to enable an individual to accumulate funds for post-secondary education, first home purchase, or business capitalization. Funds, including accrued interest, in the account are excluded as a
resource if the individual maintains or makes contributions to the account. The Montana TANF-funded IDA is excluded when an individual becomes ineligible for TANF as long as the individual is still maintaining or making contributions into the account. Contributions are only matched when withdrawn for an allowable purpose. INDIVIDUAL RETIREMENT ACCOUNT (IRA): Funds held in traditional IRAs, Roth IRAs, and MyRAs are excluded for SNAP. ITEMS OF UNUSUAL VALUE: Items of unusual value are excluded. KEOGH PLANS: Only KEOGH Plans held by a household member or in a contract between a household member and other individuals within the SNAP filing unit are countable. KEOGH plans held in a contractual arrangement with individuals outside the SNAP filing unit are excluded until the individual begins accessing the funds. If an individual outside the filing unit is simply a beneficiary of the KEOGH, it is not considered a contractual relationship and the funds are countable. LAND: Households currently not owning a home but own or are purchasing a lot they intend to build on or are building a permanent home on receive an exclusion for the value of the lot and the partially completed home. LIFE ESTATES: All life estates are excluded. Life estates are excluded as the home while the individual is living in the property. LIFE INSURANCE: The face and cash value of all whole life insurance policies and term life insurance policies are excluded. LIVESTOCK: The value of livestock used to produce income necessary for employment or raised for home consumption is excluded. Livestock that are pets are also excluded. LOANS GIVEN BY THE HOUSEHOLD: The full unpaid balance of the loan (debt owed) is a countable resource when the balance is accessible and can be readily liquidated. LOANS RECEIVED BY THE HOUSEHOLD: Loans, including self-employment business loans and home equity loans, are counted as a resource in the month received, even if the household anticipates spending some or all of it in the same month. Any amount remaining after the month of receipt is counted as a resource until the money is spent.
LUMP SUM PAYMENTS: Nonrecurring lump sum payments including but not limited to rebates, credits, retroactive lump sum public assistance, railroad retirement, retroactive lump sum insurance settlements, and refunds of security deposits that can be accurately prospected are countable resources in the month received and in subsequent months to the extent retained. MEDICAID INCENTIVES FOR PREVENTION OF CHRONIC DISEASES: MIPCD incentive payments provided to Medicaid recipients will be excluded as a resource to the extent retained into subsequent months. Balances retained will be entered as savings accounts with the characteristics of “Settlement/Disaster Payment”. MILITARY RE-ENLISTMENT BONUSES: Military re-enlistment bonuses are paid in one of two ways: a lump sum; or up to 50% of the bonus amount as an initial payment with the remainder of the bonus paid in equal annual payments. It is up to the military service to decide which military grades/series receive re-enlistment bonuses and how much the re-enlistment bonus is. This means the Navy, Marines, Army, and Air Force can have their own policies regarding payment of re-enlistment bonuses. The eligibility staff member must verify what the payment policy is depending on the military service. How the bonus is paid out determines how it is counted: 1. If a household receives a lump sum re-enlistment bonus, it is exempt from income as a non- recurring lump sum payment. The money is counted as a resource in the month it is received. 2. If a household receives up to half of the bonus pay as an initial payment with the remaining bonus paid in equal annual installments, the bonus is counted as earned income (SNAP 502- 1). MINERAL RIGHTS: Mineral rights may be included with land ownership or owned separately. If surface rights of the same property are excluded (e.g., homestead) so are the mineral rights excluded. If mineral rights are producing income under a lease agreement, the owner may be constrained from selling or otherwise disposing of the rights. If the land is already excluded (e.g., homestead) or the terms of the lease agreement do not allow sale, the mineral rights are excluded. Determine the equity value by obtaining the fair market value from a knowledgeable source (e.g., brokers in the geographical area or companies leasing mineral rights) and subtracting the amount owed. The value of leased mineral rights is excluded providing the leased mineral rights are producing income consistent with the fair market value of the lease. The mineral rights are excluded as a resource if they are producing income consistent with the fair market value. The fair market value is determined by what similar mineral rights in the area are earning. Some acceptable forms of verification of mineral rights are deeds, lease agreements, titles, and homestead documents. OLDER AMERICANS ACT: Funds received by individuals age 55 and over under the Senior Community Services Employment Program payments P.L. 100-175, Section 166, Title V of Older Americans Act are excluded. Programs funded under this Act include: 1. Green Thumb. 2. Forest Service.
3. American Association of Retired People (AARP). 4. National Council on Aging. 5. National Council of Senior Citizens; and, 6. Foster Grandparent Program. PENSION PLANS OR FUNDS: The following types of retirement savings and pension plans are excluded: 1. 457 Plans. 2. 401(k) Plan. 3. SIMPLE 401(k). 4. Pension or traditional defined-benefit plan – employer-based retirement plan that promise retirees a certain benefit upon retirement regardless of investment performance. 5. Public Employee Retirement System (PERS). 6. Federal Employee Thrift Savings Plan. 7. Section 403(b) Plan. 8. Section 501(c)(18). 9. Keogh Plans. 10. Individual Retirement Accounts (IRA's). 11. Roth IRA. 12. SIMPLE IRA. 13. Simplified Employer Pension Plan. 14. Profit Sharing Plan; and, 15. Cash Balance Plans. PERSONAL CHECKING ACCOUNT: A personal checking account is countable. There is a two-step process to determine how much money in a checking account is counted toward the resource limit. 1. The current month's income deposited into the account is excluded. Any current month income deposited in the checking account is subtracted from the checking account balance. No further action is needed if the household is resource eligible in step one. If the household remains resource ineligible, go to step two. 2. Evaluate the household's outstanding checks. If a check was written and sent to the payee even if it has not yet been cashed, the money is not available for other purposes. It is not counted toward the resource limit. Self-employment funds retain their exclusion for the time they are prorated as income even if the funds are commingled. PLAN for ACHIEVING SELF-SUPPORT (PASS): Any income an SSI recipient places in an approved PASS account as well as the PASS account is excluded. PREPAYMENT OF MORTGAGE or RENT: Prepayment of an individual's mortgage is not a resource. Prepayment of rent, however, is a countable resource unless the individual cannot receive the money back under any circumstances (e.g., the lease
agreement includes a no refund policy, or the landlord provides a statement stating the funds will not be returned to the renter). PROMISSORY NOTE: A promissory note is personal property (a liquid asset). An individual holds legal interest and has the legal ability to make available their share in the note. The equity value of the note (the principal reduced by any lien) is countable. PROPERTY/EQUIPMENT NECESSARY FOR EMPLOYMENT: Property/equipment necessary for employment to produce income is excluded. Self-employment/farm resources may include: 1. Tools/equipment such as those needed by a carpenter, mechanic, cosmetologist, etc. 2. Stock such as office supplies or raw materials. 3. Property essential for income production. 4. Office equipment such as furniture, typewriters, calculators, etc. 5. Inventory. 6. Machinery and equipment; and, 7. Other items needed to produce income. Self-employment equipment is excluded if the individual intends to return to self-employment within a reasonable period of time. Property essential to the self-employment of a household engaged in farming is excluded for only one year after the date the household stopped farming unless they have the intent to return to the business. PROPERTY IN PROBATE: Property in probate is inaccessible and is excluded. RADIATION EXPOSURE: Radiation Exposure Compensation Act payments (P.L. 101-425) are excluded. REAL PROPERTY LISTED FOR SALE: Non-home real property when a good faith effort to sell the property is being made is excluded. A good faith effort to sell could be: 1. Offering the property for sale through a general circulation newspaper or a real estate broker; and, 2. Advertised at a reasonable price. RESOURCES USED AS COLLATERAL (BUSINESS LOAN): If a non-liquid resource is used as collateral for a business loan and cannot be sold because of the security or lien agreement prohibition, the non-liquid resource is excluded. If a liquid resource is used as collateral for a business loan, the equity value is counted as a resource. RESOURCES USED AS COLLATERAL (PERSONAL LOAN):
If an otherwise accessible resource, either liquid or non-liquid, is used as collateral on a personal loan, the equity value of that resource is counted as a resource. RESTITUTION: Restitution made to ALEUTS relocated during World War II as per the Civil Liberties Act of 1988 is excluded. Restitution to individuals of JAPANESE ancestry interned during World War II as per the Civil Liberties Act of 1988 is excluded. Restitution to individuals because of their status as victims of Nazi Persecution under P.L. 103-286 is excluded. SAFETY DEPOSIT BOX: There is no requirement to view the contents of an individual's safety deposit box. It is appropriate to ask what the contents are and request necessary verification. List the contents in CHIMES. SALE OF A RESOURCE: If a resource is sold and payment is received in a lump sum, it remains a resource. If installment payments are made, the payments are income in the month received and are not counted as a resource until the month following receipt. SAVINGS ACCOUNT: Savings account is countable. If the current month's income is deposited into the account, the income is excluded as a resource the month received when determining the current value of the savings account. SAVINGS OFFER SUCCESS (SOS): Matching award payments by Rural Opportunities Incorporated (ROI) to individuals participating in a Savings Offer Success program are excluded. EXCEPTION: Money deposited into a personal savings account is considered a resource. After the program is completed, the matching award is excluded as income and as a resource as a vendor payment. SECURITY DEPOSITS: Security deposits on rental property or utilities are excluded. The exclusion applies to both landlords and tenants. SPINA BIFIDA: Payments to children of Vietnam veterans for disabilities resulting from spina bifida (P.L. 104-204) are excluded. STOCKS: Stocks and mutual fund shares are countable.
TRAILERS: All trailers are excluded. WARTIME RELOCATION: Payments of 'Wartime Relocation of Civilians' to certain U.S. citizens of Japanese ancestry, resident Japanese aliens, and certain eligible Aleuts under Title I of P.L. 100-383 are excluded. Effective Date: November 22, 2022
SNAP 402-2 RESOURCES Native American Resources
Supersedes: SNAP 402-2 (11/01/15); SNAP Bulletins 90 (8/1/12); 91 (8/1/12); and 96 (11/05/12) Reference: 7 CFR 273.8 Overview: The equity value of all resources (real and personal property) owned by the filing/assistance unit are countable unless specifically excluded by regulation. COUNTABLE RESOURCES: Countable resources include but are not limited to: 1. Gravel sales. 2. Timber sales. 3. Estate payments. 4. Oil and gas bonus payments. 5. Mineral rights bonus payments. 6. Right-of-way payments. 7. Seismic payments. 8. Land sale proceeds (the land sale source may be sale of trust property or of countable fee patent (taxable) property); and, 9. Resources purchased with funds and are no longer clearly identifiable as excluded. 10. Keepseagle vs. Vilsack - Settlement of Tribal Trust Accounting and Management Lawsuit payments are countable in the month they are received and in subsequent months to the extent retained thereafter.
11. Cobell vs. Salazar Settlement will be excluded as a resource for a period of 12 months beginning on the date it was received. Due to the expanded categorically eligibility policy, there is no need to do any special calculation through the 12-month period. 12. Nez Perce et. al. V. Salazar- Settlement of Tribal Trust Accounting and Management Lawsuits. The lawsuit filed by 41 federally recognized tribes. Money disbursed by tribes in the form of a non-recurring lump sum payment is countable in the month received. The following is the list of the tribes in the lawsuit: · Assiniboine and Sioux Tribes of the Fort Peck Reservation · Bad River Band of Lake Superior Chippewa Indians · Blackfeet Tribe · Bois Forte Band of Chippewa Indians · Cachil Dehe Band of Wintun Indians of Colusa Rancheria · Coeur d’Alene Tribe · Chippewa Bree Tribe of the Rocky Boy’s Reservation · Confederated Tribes of the Colville Reservation · Confederated Salish and Kootenai Tribes · Confederated Tribes of the Siletz Reservation · Hualapai Tribe · Kaibab Band Paiute Indians of Arizona · Kickapoo Tribe of Kansas · Lac du Flambeau Band of Lake Superior Chippewa Indians · Leech Lake Band of Ojibwe Indians · Makah Tribe of the Makah Reservation · Mescalero Apache Nation · Minnesota Chippewa Tribe · Nez Perce Tribe · Nooksack Tribe · Norther Cheyenne Tribe
· Passamaquoddy Tribe of Maine · Pawnee Nation · Pueblo of Zia · Quechan Indian Tribe of the Fort Yuma Reservation · Rincon Luiseño Band of Indians · Round Valley Tribes · Salt River Pima-Maricopa Indian Community · Santee Sioux Tribe · Shoshone Bannock Tribes of the Fort Hall Reservation · Soboba Band of the Luiseño Indians · Spirit Lake Dakota Nation · Spokane Tribe · Standing Rock Sioux Tribe of the Fort Yates Reservation · Swinomish Tribal Indian Community · Te-Moak Tribe of Western Shoshone Indians · Tohono O’odham Nation · Tulalip Tribe · Ute Mountain Ute Tribe · Ute Tribe of the Uintah and Ouray Reservation
EXCLUDED RESOURCES: Native American resources that are excluded include: The first $2,000 received from Individual Interests in Indian Trust or Restricted Lands per calendar year is excluded. NOTE: Excluded funds commingled with non- excluded funds retain their exemption for six months from the date they are commingled (deposited). After six months from the date of commingling, all funds in the account are counted as a resource.
The following are specifically excluded under federal statute: 1. P.L. 92-203, section 29, dated 12/76, (the Alaska Native Claims Settlement Act), and Section 15 of P.L. 100-241, 2/3/88, (the Alaska Native Claims Settlement Act Amendments of 1987) - All compensation (including cash, stock, partnership interest, land, interest in land, and other benefits) received under this Act is excluded from income and resources. 2. Per capita payments of $2,000 or less for each household member per payment. Purchases of $2,000 or less made solely with funds distributed after December 31, 1981, but prior to January 12, 1983, are totally excluded from resources. Purchases made after January 12, 1983, count in their entirety. (P.L. 93-134, P.L. 97-458 and P.L. 98-64.) These payments come from funds distributed because of judgment awards from breaches of treaty provisions and funds held in trust by the Secretary of the Interior from the sale or lease of oil, gas, and other tribal trust assets. 3. Per capita payments made under P.L. 98-124. Distributions to the Assiniboine and Sioux Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana. 4. Per capita payments made to the Chippewas of Mississippi under P.L. 99-377 and payments made to the Red Lake Band of Chippewa Indians under P.L. 98- 123. 5. Per capita payments made to Sac and Fox Tribes of Oklahoma, Sac and Fox Tribe of the Mississippi in Iowa (P.L. 94-189); Chippewas of Lake Superior, Lac Courte Oreilles Reservation of Wisconsin, Bad River Band Reservation, Sokagon Chippewa Community of the Mole Lake Band of Chippewa Indians, St. Croix Chippewa Indians of Wisconsin (P.L. 99-146). 6. Payments to Indian Tribal members (P.L. 94-114, Section 6) regarding sub- marginal land held in trust by the U.S. 7. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, Section 216). 8. Payments from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540). 9. Payments to the Yakima and Apache Tribes from the Indian Claims Commission as designated P.L. 95-433, Section 2. 10. Payments made pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420, Section 9(c). 11. Relocation assistance payments to Navajo and Hopi Tribe members under P.L. 93-531. 12. Payments to the Turtle Mountain Band of Chippewas, Arizona under P.L. 97-403. 13. Payments to the Blackfeet, Gros-Ventre, Assiniboine Tribes, Montana, and the Papago, Arizona under P.L. 07-408. 14. Funds paid to heirs of deceased Indians under the Old Age Assistance Claims Settlement Act (except for per capita shares in excess of $2,000). 15. Judgment awards to tribes in Wisconsin, Michigan, and Minnesota (P.L. 99- 146).
16. P.L. 99-264, White Earth Reservation Land Settlement Act of 1985. Payments under this act were to members of the White Earth Band of Chippewa Indians in Minnesota. 17. Payments to the Saginaw Chippewa Indian Tribe of Michigan (P.L. 99-346). 18. Funds distributed per capita to the Chippewas of the Mississippi or held in trust under this Act. The funds are divided by reservation affiliation for the Mille Lac Reservation, Minnesota; White Earth Reservation, Minnesota; and Leech Lake Reservation, Minnesota (P.L. 99-377). 19. P.L. 101-41, the Puyallup Tribe of Indians Settlement Act of 1989, provides that nothing in this Act shall affect the eligibility of the Tribe or any or its members for any federal program. None of the funds, assets, or income from the trust fund established shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any federal, state, or local program. (The Puyallup Tribe is located in the State of Washington.) 20. P. L. 101-277, funds appropriated in satisfaction of judgments awarded to the Seminole Indians are excluded except per capita payments in excess of $2,000. Payments were allocated to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida. 21. P.L. 101-503, Seneca Nation Settlement Act of 1990, provides that none of the payments, funds or distributions authorized, established, or directed by this Act, and none of the income derived there from, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under, any federal program. 22. P.L. 111-291, Claims Resolution Act of 2010, Income derived from the Cobell vs. Salazar settlement will be excluded as a resource for a period of 12 months beginning on the date it was received. NOTE: In addition, an Indian Education Scholarship Fund will be established from this settlement. Educational income received from this fund is excluded. INDIAN LANDS: Indian (Native American) land held jointly with the Tribe or land that can only be sold with the approval of the Bureau of Indian Affairs is excluded. This includes any improvements to the excluded trust land. INDIVIDUAL INDIAN MONEY (IIM) ACCOUNT: IIM Accounts are countable. NOTE: Excluded funds that are commingled with non- excluded funds retain their exemption for six months from the date they are commingled (deposited). After six months from the date of commingling, all funds in the account are counted as a resource. Effective Date: August 3, 2022
SNAP 402-3 RESOURCES Trust Funds Supersedes: FS 402-3 (04/01/02) Reference: 7 CFR 273.8 Overview: All trusts must be evaluated for their availability for the household’s support and maintenance. DEFINITIONS: Beneficiary: The beneficiary is the individual designated in the trust instrument as benefitting in some way from the trust. The beneficiary can be the grantor or another individual. Grantor: The grantor is the entity creating the trust. The grantor may be any person, including a court or administrative body, with legal authority to act on behalf of the individual, or any person including a court or administrative body, acting at the direction or request of the individual. Trust: A trust is any arrangement where a grantor transfers property (real or personal) with the intention that it be held, managed, or administered by a trustee(s) for the benefit of the grantor or other beneficiary(ies). Trusts are managed by individuals or entities with fiduciary obligations and may include but are not limited to: 1. Escrow accounts; 2. Investment accounts; 3. Future medical care accounts; and, 4. Other similar arrangements. Trustee: A trustee is any individual(s) or entity (e.g., an insurance company or bank) managing a trust and having fiduciary responsibilities. SUPPORT AGREEMENTS: If any member of the filing unit has a written agreement stating another person, entity, or corporation agrees to support the household or a member of the household (e.g., Masonic agreement or by-laws of a Hutterite Colony), the agreement must be evaluated to determine if it meets the legal definition of a trust. If the agreement is determined to meet the trust definition, it must be evaluated for accessibility. If the trust is considered to be accessible, the value of all the resources held by the trust must be counted in determining the household’s resource eligibility. It is necessary to request verification of all resources held by the trust.
If the trust is accessible and verification is received that only a portion of the trust is available to the individual, only that portion is counted in the resource determination. If verification is not received, the full value of the trust is considered available. NOTE: Eligibility staff members must submit all trusts and support agreements to the Trust and Annuity email box: HHSHCSDTrustandAnnuityReviews@mt.gov. ACCESSIBILITY: The trust may be designated as revocable or irrevocable. Trust funds are considered inaccessible (excluded) to the household if all of the following are met: 1. The trust arrangement is not likely to cease during the certification period, and the household member(s) does not have the power to revoke the trust arrangement or change the name of the beneficiary during the certification period; and, 2. The trustee administering the funds is either: a. a court, institution, corporation, or organization is not under the direction or ownership of any household member; or, b. an individual appointed by the court having court imposed limitations placed on the use of the funds; and, 3. Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of a household member; and, 4. Funds held in irrevocable trust are either: a. the household’s own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the household creating the trust; or, b. non-household funds by a non-household member. Effective Date: November 1, 2019
SNAP 403-1 RESOURCES Vehicles
Supersedes: N/A Reference: 7 CFR 273.8 (c)(2), 7 CFR 273.8(e)(3)(i) – (iii), 7 CFR 273.8(f)(1), 7 CFR 273.8(f)(2), 7 CFR 273.8(f)(3), and 7 CFR 273.8(f)(4) Overview: In determining the resources of a household, licensed and unlicensed vehicles shall be included and documented by the State Agency in sufficient detail to permit verification. Some vehicles are specifically excluded. The value of vehicles shall be its equity value. The equity value is the fair market value less any encumbrances. Hard copy verification is required.
OWNERSHIP: If the vehicle title lists only one name, the vehicle belongs to that individual, regardless of accessibility. If the title lists more than one name, the vehicle is considered jointly owned. Leased vehicles are not owned by the individual and therefore only need to be documented on case notes. If a vehicle is in the process of being bought or sold, clearly document in case notes what verification was used to determine ownership. DETERMINING JOINTLY OWNED VEHICLE ACCESSIBILITY: If the applicant/client has possession of his/her jointly owned vehicle: 1. The equity value is countable in full to the filing unit regardless of whether the other owner(s) agrees to sell the vehicle.
a. Exception: If a jointly owned vehicle’s ownership is being considered in a legal proceeding and the owners are prohibited from selling the vehicle, it is considered inaccessible and excluded until such time as the applicant/client can legally sell the vehicle. If the individual does not have possession of his/her jointly owned vehicle: 1. The equity value is countable unless the applicant/client can demonstrate why he/she cannot access the value of the vehicle. a. The applicant/client must give a thorough and convincing argument as to its accessibility and verify the circumstances, if possible.
FAIR MARKET VALUE: The standard references for determining fair market value of cars and light trucks up to 25 model years old are the National Automobile Dealers Association (NADA) Guides. The average trade-in value listed is used as the vehicle’s current fair market value. Do not increase the value of the vehicle by adding the value of low mileage or other factors such as optional equipment. When the vehicle in question is too old to be listed but is less than 25 years old, assume that the average trade-in value is equal to that of the oldest listed vehicle of like make and model. Use of the NADA guides may not be appropriate if the make and model of the vehicle is not listed or if the vehicle is 25 years old or older. These older vehicles may have greater value as a classic or antique and should be independently valued. The applicant/client may contact a knowledgeable source to obtain other appraisals at his/her own expense. These appraisals will be considered with any other evidence, including the NADA guide value, to arrive at a fair market value. Appraisals should be from a knowledgeable source such as an automobile or truck dealer, an automobile insurance company, or the Montana Automobile Dealers Association. The following vehicles require verification from a knowledgeable source: 1. A new vehicle which is not yet listed in the NADA guide. 2. A vehicle which is no longer listed in the NADA guide and the applicant/client’s estimate of the value is questionable. 3. The owner does not agree with the NADA guide value; or 4. A vehicle is considered an antique/classic or is custom built.
SNAP-EXCLUDED VEHICLES:
The following vehicles are considered excluded resources in the eligibility determination: 1. Vehicles considered inaccessible. 2. One vehicle being used as a home. 3. Vehicles whose primary use is to produce income. 4. Vehicle previously used for self-employment, but is no longer income producing because the client is no longer engaged in that business; and a. The exclusion is only allowed if the individual intends to use the vehicle for self-employment within one (1) year from the date the self-employment business was terminated. 5. One vehicle with the highest equity value. Effective Date: October 1, 2022
SNAP 404-1 RESOURCES Transfer of Resources Disqualification Supersedes: SNAP 404-1 (10/01/11) Reference: 7 CFR 273.8 Overview: Non-categorically eligible (CE) and non-expanded categorically eligible (ECE) households knowingly transferring resources for the purpose of qualifying or attempting to qualify for SNAP benefits are disqualified from receiving benefits. WHEN TO APPLY A DISQUALIFICATION PERIOD: A disqualification period is applied if the resource was transferred: 1. In the three-month period prior to application. 2. During the application process; or, 3. Any time during the certification period to prevent the household from exceeding the maximum resource limit. DISQUALIFICATION PERIOD IS NOT APPLIED: A disqualification period is not applied if: 1. Resources transferred would not otherwise affect eligibility. 2. Resources were sold or traded at or near current market value. NOTE: Near market value is defined as not less than 80% of the current market value. 3. Transfers were made for a reason other than attempting to qualify for SNAP benefits (e.g., a parent placing funds in an inaccessible trust fund for a child's education); or, 4. Transfers were made between members of the same SNAP household including members that have been disqualified for any reason. Transfers made to a household members listed as “out of the household” (e.g., ineligible student) requires the transfer to be assessed. DISQUALIFICATION PERIOD: The resource amount(s) transferred are added to all other countable resources at the time of the transfer. The disqualification period is based on the total amount of resources that exceed the resource limit. The maximum disqualification period is one year from the discovery date.
Use the following chart to determine the period of disqualification: Amount in Excess of Resource LimitPeriod of Disqualification $0 to $249.99 1 month $250 to $999.99 3 months $1,000 to $2,999.99 6 months $3,000 to $4,999.99 9 months $5,000 or more 12 months
The disqualification period begins: 1. New applications - the month of application. 2. Ongoing households - the month after the notice of adverse action expires unless the household requests a fair hearing and continuation of benefits. Effective Date: August 3, 2022
SNAP 500 INCOME Overview Supersedes: SNAP 500 (04/01/10) Reference: 7 CFR 273.9; 7 CFR 273.11(c) Overview: The filing unit’s income eligibility is determined by evaluating the income of each member. All income or money obligated to the household from any source is evaluated to determine if the income is earned or unearned and countable or excluded. All income must be entered in CHIMES even if it is excluded per policy. Income eligibility is determined by evaluating the household’s current and anticipated circumstances based on reasonable expectations and knowledge of its financial circumstances. The result accurately reflects facts for prospecting income eligibility through the certification period. TYPES OF INCOME: There are two types of income: 1. Earned income: a. Wages and salaries for services performed b. Net earnings from self-employment even if the net income is $0.00 after allowable deductions. 2. Unearned income is all income not earned in wages/salaries/self-employment. AVAILABLE INCOME: Households are not required to apply for income they might be eligible to receive such as unemployment, child support, Social Security, etc. INCOME OF DISQUALIFIED/INELIGIBLE HOUSEHOLD MEMBERS: The eligibility staff member must enter the correct data for required disqualified and ineligible household members. 1. Household members who are disqualified from SNAP due to being a drug felon, fugitive felon, or having a work registration penalty or IPV - all income not excluded by policy is countable and is NOT prorated. Earned income deductions are allowed. 2. Household members who are disqualified from SNAP due to exhausting ABAWD time limits, being an ineligible alien, failing to provide a SSN - all income not excluded per policy IS prorated evenly among all household members. The income, except the ineligible member’s
share, is used as income in the budget to determine eligibility and benefit level. The earned income disregards are allowed. Effective Date: July 1, 2017
SNAP 501-1 INCOME Unearned Income
Supersedes: SNAP 501-1 (10/01/2024) Reference: 7 CFR 273.2, 273.9, 273.11 Overview: All unearned income received by the filing unit is considered when determining eligibility for SNAP. All unearned income, whether countable or excluded according to policy, is entered into the CHIMES system. ADOPTION SUBSIDIES: Title IV adoption subsidies are intended to pay for general living expenses and are countable unearned income to the child. NOTE: The adoption subsidy is excluded as a reimbursement for childcare if the responsible adult for the child is working, seeking employment, or it is a reimbursement for a medical expense. A childcare deduction is not allowed when the subsidy is a reimbursement for childcare. AGENT ORANGE SETTLEMENT: Payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange Product Liability Litigation are excluded. NOTE: Payments of veterans' benefits to veterans with service-connected disabilities resulting from exposure to Agent Orange are countable. ANNUITY PAYMENT: Annuities are contracts or agreements providing for the payment of income at regular intervals (e.g., monthly, quarterly, annually, etc.). The annuity is excluded as a resource if payments are paid from the annuity. The payments are countable unearned income. If recurring payments are received on a regular basis, the payments are averaged over the period of intended use (e.g., an annuity paid on an annual basis is annualized). ASSISTANCE PROGRAMS: All federal, state, or local assistance paid directly to the household is countable unearned income. Assistance payments include the following:
1. Supplemental Security Income (also known as Title XVI benefits). 2. Retirement, Survivors and Disability Insurance (also known as Title II benefits), State Supplemental Payments. NOTE: Supplemental Security Income, Retirement, Survivors and Disability Insurance and State Supplemental Payments benefits should automatically interface. The eligibility staff member must access the SOLQ query to determine correct amount when it is questionable. NOTE: When the interface occurs too late in the month to give timely notice, adjust the income for the benefit month using the previous month's income amount and change the income for the following month. 3. TANF cash assistance automatically interfaces when authorized. NOTE: TANF and Tribal TANF count against the specified relative receiving SNAP benefits and cash assistance even when a portion of the payment is intended for an individual who is temporarily absent from the household. NOTE: SNAP benefits are not increased when a portion of a means-tested program (TANF, Tribal TANF, and Bureau of Indian Affairs (BIA) General Assistance) is being recouped for a prior household caused overpayment (SNAP 602-5 Non-Compliance Adjustment). 4. Tribal TANF amount does not interface. 5. Bureau of Indian Affairs (BIA) General Assistance. 6. TANF supplement payment for child support collected for TANF recipients is prospected in the same manner as child support income (SNAP 501-1 Unearned Income). 7. TANF Post Employment Program automatically interfaces when authorized. CAPITAL GAINS: A capital gain from the sale of personal property or a house, when not in the business of buying and selling houses, is excluded as a non-recurring lump sum. If payment is made in installments instead of a lump sum refer to 'Sale of a Resource' in this section. 'Capital Gains' from the sale of self-employment property (SNAP 503-1 Self Employment). CHARITABLE DONATIONS: Cash donations based on need from one or more private non-profit charitable organizations are excluded unearned income not to exceed $300 in a federal fiscal quarter. Federal fiscal quarters run October- December, January-March, April-June, and July-September. CHILD CARE BLOCK GRANT: Childcare payments paid to the parent whose child is receiving care are excluded because the parent is obligated to give the payment to the childcare provider. NOTE: The payment is countable earned income from self-employment when a required filing unit member is the service provider (SNAP 503-1 Self Employment).
CHILD SUPPORT ARREARAGE: Child support arrearages received on a regular monthly payment schedule are part of the current payment and are countable. A child support arrearage paid in a one-time payment is considered a nonrecurring lump sum and is excluded. CHILD SUPPORT OR SPOUSAL SUPPORT: Payments paid directly to the household are countable income against the child(ren) it is intended to support. Money legally obligated and otherwise payable to the household but diverted to a third party (e.g., recovery fee) is countable income. Evaluate the child support order to determine the correct amount attributable to each child. If the order does not indicate an amount per child, assume the amount received is equally distributed to all minor children of the absent parent living in the household. If the household where the child is living is not receiving the child support income, the child support is not counted against that household. It is counted against the person who receives the money. When child support is being reduced to repay over issued child support, the net amount of income is countable. The net amount of child support income is found on the WAP screen on SEARCHS. Child support income is countable when the household keeps the child support received prior to the initial authorization of TANF or Tribal TANF. All child support income received after initial TANF benefit authorization is excluded income due to the requirement to turn the money over to the Child Support Services Division (CSSD). There is not an over payment for SNAP for this situation. COMBAT PAY: When determining the household's income for SNAP purposes, the eligibility staff member must determine if any monies made available to a household by an absent member deployed to a designated combat zone are excluded. Only pay received for deployment to or service in a Combat Zone (CZ), Imminent Danger Pay (IDP), and Hazardous Duty Pay Location (HDP-L) is excludable, not pay received for a Qualified Hazardous Duty Area or Direct Support Area. 1. Establish what amount of the military person's pay was available to the household prior to the deployment of the military person to a designated combat zone. a. If the military person was part of the household for SNAP purposes prior to deployment, this amount would be his/her net military pay. b. If the military person was not part of the household for SNAP purposes prior to the military person's deployment, the amount the absent military
person was making available to the SNAP household prior to deployment is counted as unearned income. 2. Then determine the amount of military pay that the deployed absent military member is making available to the SNAP household. 3. Then identify what portion of the combat-related pay is available to the household. That portion must be excluded from the household's income for SNAP eligibility determinations. To document the deployed person's income and location, the person's Leave and Earnings Statement (LES) will identify combat pay if it is being received and can be used to establish deployment to a combat zone and the amount of combat pay. Deployment to a combat zone can also be established through orders issued to the military person. Some households may have access to the information via the web. If there are questions about the LES or orders provided by the absent member, contact the service member's supporting finance office or DFAS at DFAS.lndianapolis-IN.JFL.mbx.dfas-in- systems@mail.mil. COMMUNITY SERVICES ADMINISTRATION: Payments from the Crisis Intervention Program (CIP) administered by the Community Services Administration (CSA) are excluded. CONTRACT FOR DEED: If a contract for deed is excluded as a resource, the payments received from that contract for deed are countable unearned income. The costs of doing business are deducted from the gross income to arrive at the countable net income. The income is countable over the period it is intended to cover. NOTE: Allowable business expenses for the cost of doing business include: payments on the principal of the purchase price of income producing real estate and capital assets, equipment, machinery, and other durable goods; interest paid to purchase income producing property; insurance premiums; escrow fees; and, taxes paid on income producing property (SNAP 503-1 Self Employment). Both the interest earned and the portion of the payment for the principal is countable income after the allowable costs of doing business when the contract for deed is an excluded resource. If the contract for deed is a countable resource, only the interest payment minus cost of doing business is counted as income. CONTRIBUTIONS: Contributions that can be anticipated to be received from an outside source and cannot be excluded as a nonrecurring lump sum, loan, or irregular/infrequent income are countable unearned income to the household. Note: In situations where a client has a joint checking or savings account with a person from outside of the SNAP household,
income deposited by the non-household member should be considered a resource unless the deposit or a portion thereof is designated toward the SNAP household. CRIME VICTIM COMPENSATION: Payments received under this program, regardless of the circumstances of payment, are excluded. CROWD FUNDING ACCOUNTS: GoFundMe, Kickstarter, and Indiegogo and other similar accounts are on-line platforms that allow donors to fund specific campaigns for charity, individuals in need, projects, and business ventures. The account holders can access funds in two ways, either at any point throughout the campaign or only after the funding goal is met. The account meets the definition of liquid resource. The actual value of the funds that are accessible by the household are countable as a resource. Funds that are accessible at any time from any crowd funding website should be treated as liquid resources and not as income. Please reference SNAP 402-1 Countable and Excluded Resources for information. DISASTER RELIEF ACT: Payments issued because of a Presidential declared emergency or major disaster as defined in this Act, as amended, are excluded. The exclusion applies to federal assistance provided to individuals directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations. DISASTER UNEMPLOYMENT: Public Law 100-707 authorizes the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to pay Disaster Unemployment Assistance to any individual unemployed as a result of a major disaster. Individuals cannot receive disaster unemployment benefits if they are eligible for any other unemployment compensation. Payments are limited to 26 weeks. Because disaster unemployment assistance is considered Federal major disaster and emergency assistance under the Stafford Act, it cannot be considered as income or as a resource when determining SNAP benefits. The source of the unemployment income only needs to be verified if the household member suffered a job loss or was unemployed due to a recent disaster. EDUCATIONAL INCOME: Educational grants, loans on which payment is deferred, scholarships, stipends, and VA education payments directly related to the individual’s attendance at an institution of higher education are excluded. ENERGY PAYMENTS:
Energy payments to households such as Section 8/HUD Utilities Payments, LIHEAP payments, and Farmer's Home Administration (FHA) Rent Subsidy Payments, are excluded. EXCEPTION: The portions of public assistance grants (e.g., TANF or General Assistance benefits) paid for the purpose of energy payments are countable unearned income. Montana's TANF program does not include energy payments in the grant amount. However, other states may have this option in their state plan. FEMA FUNDS: Federal Emergency Management Assistance (FEMA) funds made to homeless people to pay for rent, food, and utility assistance when there is no major disaster or emergency are countable. FEMA funds provided as rent payments to households facing eviction or payments for food or clothing are countable unearned income if they are received on a regular basis. When FEMA pays the rent directly to the landlord, the amount is considered a vendor payment and is excluded. If the payment is related to a disaster see 'Disaster Relief' in this section. FOSTER CARE: If the household chooses to include the foster child or adult as a filing unit member the foster care income is countable. If the household chooses to exclude the foster child or adult as a filing unit member the foster care income is excluded. All foster care income is assigned to the child or adult who the payment is intended for. GARNISHMENT: The gross income is counted to determine benefits if unearned income is garnished for a purpose not related to an overpayment from the same income source. If income is being reduced to repay over issued income from the same income source see 'Recoupments for Overpayments' in this section. The portion of a military retirement payment paid to an ex-spouse under a divorce decree property settlement is not counted as income to the retiree; the full payment to a retired civil servant is countable income (see 'Veterans Administration' in this section). GIFTS: Monetary gifts to the household such as money received as a birthday, anniversary, graduation, or Christmas presents, are generally excluded. The exclusion is usually due to the inability to prospect the income or gift and is usually excluded as a nonrecurring lump sum or irregular/infrequent payment. Monetary gifts that can be prospected are countable and are not considered nonrecurring lump sums or irregular/infrequent payments.
Countable gifts given to an entire household are prorated among the household members. HEALTH CARE IMPROVEMENT ACT OF 2000: Payments paid under Health Care Improvement Act of 2000 for the children of women Vietnam veterans who suffer from certain birth defects are excluded from income and resources. HOME EQUITY CONVERSION PLAN: There are several variations of Home Equity Conversion Plans allowing households to borrow money or receive payments against the value of their home. The most common conversion plans are either a Reverse Annuity Mortgage Loan Program (RAM) or a Home Equity Conversion Sale Leaseback Program. A case-by-case review must be made to determine if the money is countable unearned income or an excluded loan. Reverse Annuity Mortgage - payments received from a Reverse Annuity Mortgage loan program (RAM) are excluded income because they are considered a loan. The loan agreement between the mortgage company and the homeowner is used to verify when the loan is to be repaid. Generally, repayment begins when the: 1. House is sold. 2. Owners no longer occupy the house; or, 3. Owners die, and repayment is taken from the settlement of the estate. Home Equity Conversion Sale Leaseback Program - the house is sold under this program to an investor who pays the homeowner the purchase price in a series of payments and gives the homeowner a lease to live in the home for a specific period of time (sometimes until death). It is necessary to review each sale-leaseback transaction to evaluate the specific financial arrangements to determine if the proceeds from the property are income or a resource. Lump sum payments are a resource in the month received. Monthly payments are countable unearned income Home equity loans; see 'Loans' in this section. IN-KIND BENEFITS: See SNAP 502-1 Earned Income. INCOME TAX REFUND/CREDIT: Income tax refunds are excluded as income in the month of receipt and as a resource for a period of 12 months following the month of receipt. NOTE: Earned Income Tax Credit payments and the Child Tax Credit received as an advance payment or as a refund are excluded earned income.
INDIVIDUAL DEVELOPMENT ACCOUNT (IDA): An IDA may be established by or on behalf of an individual eligible for assistance. An IDA is created and funded through periodic IDA contributions by an individual and matched by or through a not-for-profit organization or a state or local government agency in cooperation with such organization. The purpose of the account is to enable an individual to accumulate funds for post-secondary education, first home purchase, or business capitalization. Only earned income can be deposited into an IDA. The gross earnings are counted as wages before deposited. If funds are withdrawn, for whatever reason, they are not considered income to the household because they were already counted as wages. The funds are still not considered income when withdrawn even if the income was not counted against a Montana case when deposited. Interest earned on the IDA is excluded. INTEREST, DIVIDEND & ROYALTY INCOME: Interest, dividend, and royalty income are countable because it is a gain or benefit to the household. This includes interest income earned on a bank account. Royalties from Indian lands, oil, gas, and timber - see SNAP 501-2 Native American Income. Definition of Royalties - royalties include compensation paid to the owner for the use of property, usually copyrighted material such as books, music, etc., or natural resources such as mineral, oil, gravel, or timber. Royalties are unearned income unless they are received as part of a trade or business. The cost of producing the income can only be deducted if the income is from a self-employment business (SNAP 503-1 Self Employment). Since interest, dividend, and royalty income are received on a regular basis, royalties cannot be considered irregular or infrequent. The income must be counted regardless of the amount. The eligibility staff member determines to average payments over the period they cover. *****PLEASE NOTE***** Special care must be given with interest and dividends that are reinvested into accounts such as IRAs, Mutual Funds, Stocks, etc. Detailed questions must be asked at time of interview. If no interest or dividend is being paid directly to the household, there is no gain or benefit, and should not be counted as income. Dividends, interest, or royalties that are direct money payments to the household would be considered income. If these are rolled back into the original account or fund, we would not count it as income. Lastly, if a household draws down funds from such an account (for an emergency or other reason) it is not considered income to the household. IRREGULAR OR INFREQUENT INCOME: Irregular or infrequent income is excluded if the income of all household members does not exceed $30 in a quarter. Amounts over $30 in a quarter are countable. The entire
amount is entered, not just the amount in excess of $30. Interest income is NOT irregular or infrequent. The eligibility staff member must evaluate the amount of income received and how often it is received to determine how to budget the income. LEASE INCOME: Lease income from Indian Lands - see SNAP 501-2 Native American Income. Lease income unrelated to Native American resources is countable. The anticipated income is prorated over the period it was intended to cover. When the filing unit is in the business of buying and selling leases or managing lease property, the income is considered self- employment (SNAP 503-1 Self Employment). LOANS RECEIVED BY THE HOUSEHOLD: All valid loans including loans from private individuals and commercial institutions are excluded. Educational loans (SNAP 501-1). NOTE: All loans received, other than deferred repayment educational loans, are considered resources since they are available as liquid resources (cash on hand or in checking accounts) until the money from the loan is spent. Verification of a valid loan: A written or oral statement indicating the money received is a loan and is to be repaid at a future date. It is a best practice to request the loan statement be written and signed by both parties. LOAN REPAYMENTS TO THE HOUSEHOLD: The principal of a loan repayment is excluded unearned income. The interest is considered countable unearned income. It doesn’t matter if the loan balance is an accessible (countable) resource or not. LOTTERY AND GAMBLING WINNINGS ALL households, whether Change Reporters or Simplified Reporters, must report whenever a member of the household wins substantial lottery or gambling winnings of $4,500 or greater. Lottery or gambling winnings are defined for this requirement as a cash prize won in a single game before taxes or other amounts are withheld. If multiple individuals shared in the purchase of a ticket, hand, or similar bet, then only the portion of the winnings allocated to the member of the SNAP household will be counted toward the eligibility determination. Households with substantial lottery or gambling winnings defined in SNAP 1501-1 Reporting Requirements immediately lose eligibility for SNAP benefits. LUMP SUM PAYMENTS:
Non-Recurring lump sum payments are excluded income. SNAP 501-1 Unearned Income MEDICAID INCENTIVES FOR PREVENTION OF CHRONIC DISEASES: MIPCD incentive payments provided to Medicaid recipients are excluded as income in the month of receipt. These incentives will be “Social Services” in the unearned income section. MEDICARE HEALTHY FOOD (FLEX) CARDS AND MEDICARE OTC CARDS: Humana Healthy Options Allowance (FLEX) are monthly cash gift cards that may be used for food or other items. These are countable as unearned income. Humana, BCBS, United Healthcare and others issue monthly OTC cards. The usage parameters for these cards are directly tied to medical insurance and medical needs and are NOT countable income for SNAP. NATIONAL FLOOD INSURANCE ACT: Public Law 109-64 enacted September 20, 2005, amends the National Flood Insurance Act of 1968. All payments made under NFIP for flood mitigation activities are not counted as income or resources of the owner of the property when determining eligibility for SNAP benefits. The Federal Emergency Management Agency awards grants to States and communities that distribute the funds to individuals and businesses for activities that reduce the risk of repetitive flood damage. NATIONAL SCHOOL LUNCH PROGRAM OR NUTRITIONAL PROGRAM FOR THE ELDERLY: The value of assistance to children and elderly under these Acts is not income and is not required to be listed in CHIMES. NAZI PERSECUTION VICTIMS: Payments to individuals because of their status as victims of Nazi persecution are excluded. PASS THROUGH PAYMENT: Separate households residing in the same residence are allowed the actual amount of rent they are billed as a shelter deduction. When households reside together and neither household owns the residence, a rent payment made from one household to another is exempt as pass-through shelter payment up to the full amount of rent billed. If the payment is more than the full rent charged for the residence, the excess payment is unearned income to the household receiving the payment. Refer to 'Rental Income" in this section if the household owns the residence. PAYMENTS TO PROTECTIVE PAYEE:
A payee for a SSI recipient or SSDI recipient, in agreement with the Social Security Administration, reduces the SSI or SSDI recipient's cash benefit amount by an agreed upon fee for services provided by the payee. The services for the SSI or SSDI recipient are generally paying bills, making appointments, etc. The SSI or SSDI recipient’s countable income is the SSI or SSDI cash benefit amount minus the payee's fee paid by the recipient. Monies received and used for the care and maintenance of a third-party beneficiary (adult or child) who is not a member of the protective payee's household are excluded as income to the protective payee. The portion of money a protective payee receives for services is counted as earned income to the protective payee's household. PENSION PAYMENTS: Recurring payments from pension plans are countable unearned income. PLAN FOR ACHIEVING SELF-SUPPORT (PASS): Income paid to an SSI recipient under a plan for achieving self-support is excluded. POST EMPLOYMENT PAYMENT (PEP): Individuals who are participating in the TANF PEP program receive a set amount each month that is countable. RADIATION EXPOSURE COMPENSATION ACT: Payments received under this Act are excluded. RECOUPMENT FOR PRIOR OVERPAYMENTS: If the recoupment is unrelated to an overpayment from the same source, see 'Garnishments' in this section. Money withheld from an assistance payment, earned income, OR money received from any income source that is voluntarily or involuntarily returned to repay a previous overpayment from that same income source must be evaluated to determine if the gross or net income is countable. NOTE: When an SSI overpayment is being recouped from RSDI payment, the gross amount of RSDI is counted. When income is reduced to recoup a prior overpayment and is not from means-tested program, the NET income (amount after the repayment is taken) is counted regardless of the reason for the overpayment. This includes income such as unemployment, Worker's Compensation, child support (unrelated to TANF), pensions, SSI, RSDI, etc. If a means-tested program (TANF, Tribal TANF, BIA GA) is reduced to recoup a prior agency-caused overpayment, the net assistance is counted. If the recoupment is
for a household-caused overpayment, the gross assistance amount is counted (SNAP 602-5). REIMBURSEMENTS: Reimbursements for past or future expenses unrelated to normal living expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household are excluded. The payments must be provided specifically for an identified expense, other than normal living expenses and used for the purpose intended. Reimbursements for normal living expenses such as mortgage, rent, personal clothing, or food eaten at home are a gain or benefit and are not excluded as a reimbursement. These exchanges should be evaluated under other income categories such as, contributions or in-kind income, on a case-by-case basis. Monthly stipends for housing are not excluded. When a reimbursement including a flat allowance, covers multiple expenses, each expense does not have to be separately identified if none of the reimbursement covers normal living expenses. The amount the reimbursement exceeds the actual incurred expense is counted as income. However, reimbursements are not considered to exceed actual expense unless the provider or the household indicates the amount is excessive. The following are examples of excluded reimbursements: 1. Reimbursements or flat allowances for job or training related expenses such as travel, per diem, uniforms, and transportation to and from the job or training site. Reimbursements provided over and above basic wages for these expenses are excluded. However, these expenses, if not reimbursed, are not deductible. Reimbursements for the travel expenses of migrant workers are also excluded. 2. Reimbursements for out-of-pocket expenses of volunteers incurred during their volunteer work. 3. Medical and dependent care reimbursements, including reimbursements from Veterans Administration for 'unusual medical expenses'. 4. Reimbursements received by the filing unit to pay for services provided by Title XX of the Social Security Act. 5. A credit given to a renter or a homeowner from the landlord or lending agency. These are usually from bill or rent adjustments. RENTAL INCOME: A property owner/landlord is allowed the full amount of shelter costs (such as mortgage, taxes, insurance) that the household is required to pay to live there. The gross income minus the cost of doing business received from rental property if a household member is not involved in management of the property 20 hours/week or more is countable unearned income to the owner/landlord's household (SNAP 503-1 Self Employment). The eligibility staff member must calculate the amount of countable income manually, using gross income minus the allowable expenses. NOTE: No portion
of expenses can be used as both a shelter cost and a self-employment cost. The allowable costs of doing business are exclusively for the rental space not for common living area or items used in common. SALE OF A RESOURCE: When income from the sale of a personal resource is received in installment payments, the payments minus cost of doing business are countable income. If the installment contract cannot be readily liquidated (e.g., language states that it cannot be sold to a bank or other financial institution), it is inaccessible and excluded. If proceeds from the sale of a personal resource are received in ONE payment, the payment is not income but a resource in the month received. Sale of self-employment resource (SNAP 503-1 Self Employment). SAVINGS OFFER SUCCESS (SOS): Savings Offer Success (SOS) payments by Rural Inc. (ROI) are privately financed payments to households for a down payment on a house, start-up costs of a self- employment business, or tuition costs for post-secondary education. For every $1 the individual deposits, ROI will deposit $3 in matching funds. Matching awards are made from funds not owed to the household and are excluded as income. Payments from the accounts are vendor payments to a third party on behalf of a household and are excluded as income. SEVERANCE PAY: When severance pay is received after employment termination in two or more payments, it is countable unearned income. If paid in a non-recurring lump sum, it is excluded. SICK LEAVE/ VACATION PAY: Sick leave or vacation pay received while still employed is countable earned income (SNAP 502-1 Earned Income). Vacation pay received after employment termination is considered severance pay. Sick leave pay that is received in two or more payments after employment termination is countable unearned income. If paid in a nonrecurring lump sum, it is excluded. SPINA BIFIDA (Children with): Payments to children of Vietnam veterans for disabilities resulting from spina bifida are excluded.
SPONSORED ALIENS: The amount of the sponsor's income deemed to be available to the sponsored alien is countable unearned income (SNAP 301-3 Sponsored Aliens). STIPENDS: Stipends from an employer are countable unearned income. Note: Stipends for educational assistance are not countable. STRIKER INCOME: If the household was eligible for SNAP benefits the day prior to the strike and is otherwise eligible at the time of application, the household may be eligible for benefits. The benefit is not increased because of the decreased income of the striking member. Compare the striking member's income before the strike to the striker's current income. The higher of the two incomes is countable income. Income received from the union during a strike (e.g., income from being on a picket line) is countable unearned income. If the income is actually wages, it is earned income. SUBSIDIZED GUARDIANSHIP: The income is considered the same as foster care payments. Payments are countable unearned income to the child when the child is included in the filing unit. Payments are excluded when the child is not included in the filing unit. SUPPORTIVE SERVICES PAYMENTS: Supportive services payments to households through TANF are excluded income (See Lump Sum Payments in this section). TEMPORARY DISABILITY: Income is countable to the extent it is not a reimbursement for specific costs and is paid directly to the household. TRUST FUNDS: Trusts must be evaluated for accessibility according to SNAP 402-3 Trust Funds. Monies withdrawn from an inaccessible trust fund, unless otherwise excluded are countable in the month received. Monies withdrawn from an accessible trust fund are excluded as income because an accessible trust fund is a countable resource. Money cannot be considered income and resource in the same month. Monies received and used for the care and maintenance of a third-party beneficiary (adult or child) who is not a member of the trustee’s filing unit are excluded as income for the trustee.
When the household has the option of receiving the dividend as income or reinvesting in the trust, it is countable unearned income in the month it is available. UNEMPLOYMENT COMPENSATION: Unemployment compensation payments are countable. Eligibility staff member accesses the MISTICS (Department of Labor and Industry) system to verify unemployment benefits. NOTE: The gross amount of the unemployment payment is countable before taxes or child support is deducted. The child support deduction is allowed when appropriate. UNIFORM RELOCATION ASSISTANCE: Payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 are excluded. These payments include: 1. Payments to individuals displaced as a result of the acquisition of real property. 2. Relocation payments to a displaced homeowner toward the purchase of a replacement dwelling. The payment may only be to a displaced owner who purchases and occupies a dwelling within one year following displacement. 3. Replacement housing payments to a disabled person not eligible for a homeowner's payment as listed above; and, 4. Payments to U.S. citizens of Japanese ancestry and resident Japanese aliens of up to $20,000 each and payments to certain eligible Aleuts of up to $12,000 each. VENDOR PAYMENTS: A payment made in money on behalf of a household is a vendor payment when an individual or organization outside of the household uses its own funds to make a direct payment to the household’s creditors or to a person or organization providing a service to the household. Most vendor payments are excluded. Payments made by a government agency to a childcare provider for a household member's childcare expenses are excluded as vendor payments. Some countable income exceptions are: 1. Money legally obligated or payable to the household but is diverted by the provider of the payment to a third party for a household expense. 2. Money deducted or diverted from a court-ordered support or spousal support payment to a third party for a household expense because the payment is taken from money owed to the household. 3. All or part of TANF or Tribal TANF usually provided in a money payment to the household but is diverted to a third party or a protective payee for purposes such as managing the household's expenses; or,
4. Rent or mortgage payments made to landlords or mortgagees through county or BIA General Assistance. VETERANS ADMINISTRATION: Payments from the Veterans Administration, retirement, or disability payments are countable. EXCEPTION: 'Agent Orange Settlement Fund', 'Spina Bifida', and 'Health Care Improvement Act of 2000'. The portion of a military retirement payment paid to an ex-spouse under a divorce decree property settlement is not counted as income to the retiree. Since retired civil servants are not covered under the Uniform Services Former Spouse Protection Act, the full payment to a retired civil servant is countable income. The amount diverted to the ex-spouse is legally obligated and payable to the retired civil servant’s household. It is not considered legally obligated to the military retiree’s household and is excluded for the military retiree. VETERANS AID AND ATTENDANCE (A&A) PAYMENTS: Payments from the Veterans Administration for A&A are countable. NOTE: If the payments are paid to someone outside of the household for services, they are excluded as a reimbursement. Attendant care payments, paid by an outside source to the attendant care provider for a disabled/elderly household filing unit member, are countable earned income to the attendant care provider. WEATHERIZATION: Federal, state, or local one-time payments for weatherization and replacement or repair of heating or cooling devices are excluded. WOMENS, INFANTS AND CHILDREN (WIC): The value of assistance to children under the Supplemental Food Program for Women, Infants and Children (WIC) is excluded and is not entered in CHIMES. WORKERS’ COMPENSATION: Workers' Compensation payments are countable. NOTE: If attorney fees are being taken from the Workers' Compensation payments, the gross amount is counted as income because it is legally obligated and payable to the household. WORK PAYS INCENTIVE: Those individuals who are participating in the PEP program are eligible to receive a Work Pays Incentive. The Work Pays Incentive is countable for the months in which it is intended to cover (12 months).
Payments are received in the following order: Month 1 = $300 Month 7 = $300 Month 12 = $300 Total = $900/12 = $75.00 per month is counted in the SNAP budget. Effective Date: December 26, 2024
SNAP 501-2 INCOME Native American Income
Supersedes: SNAP 501-2 (05/16/2022) Reference: 7 CFR 273.2; 7 CFR 273.9; 7 CFR 273.11; P.L. 104-193 Section 213, 221, and 807. Overview: All unearned income received by the filing unit is considered when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). All unearned income, whether countable or excluded according to policy, is added to CHIMES. INDIAN MONIES: Indian Monies may be countable or excluded depending on the source and amount. The following Indian Monies are excluded sources: 1. Payments derived from leases or other uses of individually owned trust or restricted lands up to $2,000 per individual per calendar year. The amount in excess of $2,000 must be counted. 2. Judgment claim payments under: a. Crow Elder payments (107th Meridian Settlement); Crow Boundary Settlement Act of 1994; P.L.103-444, Section 7. b. P.L. 97-408 to the Blackfeet, Gros Ventre and Assiniboine Tribes of Montana and Papago, Arizona Tribe. c. Alaska Native Claims Settlement Act (P.L. 92-203). d. P.L. 93-532, Section 22 to Navajo or Hopi Indians as financial or relocation assistance. e. P.L. 94-540 to Grand River Band of Ottawa Indians. f. P.L. 95-433 by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation. g. P.L. 96-420 to Passamaquoddy Tribe and Penobscot Nation pursuant to the Maine Indian Claims Settlement Act of 1980. h. P.L. 97-403 to the Turtle Mountain Band of Chippewas.
i. P.L. 98-123, Section 3, to the Red Lake Band of Chippewa Indians. j. P.L. 99-264 to the White Earth Band of Chippewa Indians in Minnesota. k. P.L. 99-346 to the Saginaw Chippewa Indian Tribe of Michigan. l. P.L. 101-41 to the Puyallup Tribe of Indians Settlement Act to members of the Puyallup Tribe in Washington. m. P.L. 101-503, Section 8 (b) to the Seneca Nation. n. P.L. 103-436, Section 7 (b) Grand Coulee Dam Settlement Act to the Confederated Tribes of the Colville Reservation and the Spokane Tribe. o. 25 USCS 1931 Indian Child Welfare assistance. p. P.L. 98-500, Section 8, Old Age Assistance Claim Settlement Act except for per capita payments in excess of $2,000; and, q. Payments to the Seminole Nation of Oklahoma, Seminole Tribe of Florida, Miccosukee Tribe of Florida, and independent Seminole Indians of Florida except for per capita payments in excess of $2,000.
3. Payments derived from sub-marginal lands held in trust for the following tribes under P.L. 94-114: a. Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin. b. Blackfeet Tribe c. Cherokee Nation of Oklahoma d. Cheyenne River Sioux Tribe e. Crow Creek Sioux Tribe f. Lower Brule Sioux Tribe g. Devils Lake Sioux Tribe h. Fort Belknap Indian Community i. Assiniboine and Sioux Tribes j. Lac Courte Oreilles Bank of Lake Superior; Chippewa Indians k. Keweenaw Bay Indian Community l. Minnesota Chippewa Tribe m. Navajo Tribe n. Oglala Sioux Tribe o. Rosebud Sioux Tribe p. Shoshone Bannock Tribes q. Standing Rock Sioux Tribe
4. Per capita to enrolled members of the following tribes when distributed under: A.- P.L. 98-124, Section 5 • Assiniboine Tribe of the Fort Belknap Indian Community and Assiniboine Tribe of the Fort Peck Indian Reservation.
B.-P.L. 99-146, Section 6 (b), Docket 18S and 18U • Bad River Reservation • Lac du Flambeau Reservation
• Lac Courte Oreilles Reservation • Sokaogon Chippewa Community • Red Cliff Reservation • St. Croix Reservation • Keweenaw Bay Indian Community • Fond du Lac Reservation • Grand Portage Reservation • Nett Lake Reservation • White Earth Reservation
C.- P.L. 99-146, Section 6 (b), Docket 18C and 18T • Lac Courte Oreilles Band of the Lake Superior Bands of Chippewa Indians • Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation • Sokaogon Chippewa Community of the Mole Lake Bank of Chippewa Indians • St. Croix Chippewa Indians of Wisconsin
D.- P.L. 99-377 Section 4 (b) • Chippewas of the Mississippi
E.- P.L. 94-189 • Sac and Fox Tribe of the Mississippi, Iowa, and Oklahoma
F.- P.L. 97-458, 93-134 and 98-64 • Any other per capita payments of up to $2,000 per person, per payment, from funds held in trust by the Secretary of the Interior 5. Interest earned on excluded funds. 6. Cobell et al vs. Salazar is a class action lawsuit combining multiple lawsuits filed by individual members of several tribes to recover funds related to individual interests in Indian land, funds and other assets held in trust by the federal government. This settlement affects individual tribal members across the country, including members of most federally recognized tribes west of the Mississippi River. Income derived from the Cobell vs. Salazar settlement will be excluded as income the month of receipt and as a resource for a period of 12 months beginning on the date it was received. Due to expanded categorically eligible (ECE) policy, there is no need to do any special calculation through the 12-month period to determine if the household is resource eligible. 7. Keepseagle vs. Vilsack is a class action lawsuit filed against the U.S. Department of Agriculture, alleging that the USDA discriminated against Native Americans in its farm loan and farm loan servicing programs. Payments derived from this settlement are excluded as income in the month received and are
countable as a resource both in the month received and in subsequent months to the extent retained thereafter. The following Indian Monies are countable sources: 1. Amounts exceeding $2,000 per individual per calendar year received from leases or other uses of individually owned trust or restricted lands up to and including $2,000 as a running total for the calendar year. · The best estimate of this year's income can be made on the previous 12- month's receipts of lease income if no significant change is expected. · The amount more than the $2,000 in a calendar year should be annualized. · Previous 12 months receipts of lease income - $2,000 ÷ 12 = prospected monthly income. 2. Bureau of Indian Affairs (BIA) payments. 3. Tribal payments. 4. Farm and grazing lease income from land other than trust or restricted lands. 5. Oil and gas royalty income from land other than trust or restricted lands. 6. Mineral rights income from land other than trust or restricted lands. 7. Interest payments. NOTE: Interest payments from excluded funds are excluded. 8. Transfers of countable monies from other Indian agencies. 9. Per capita payments derived from casino profits operated by a tribe. The gross amount of the payments is countable unearned income (see SNAP 601-1 to prospectively budget the income). NOTE: If payments to children are placed in an inaccessible trust fund, they are excluded. 10. Nez Perce et al v. Salazar Settlement of Tribal Trust Accounting and Management Lawsuits. The 41 federally recognized tribes can disburse fund to member in any manner they determine, such as Per Capita payments, supportive services, etc. Money disbursed by tribes in ongoing recurring payments is counted as unearned income. The 41 tribes are: · Assiniboine and Sioux Tribes of the Fort Peck Reservations · Bad River Band of Lake Superior Chippewa Indians · Blackfeet Tribe · Bois Forte Band of Chippewa Indians · Cachil Dehe Band of Wintun Indians of Colusa Rancheria · Coeur d’Alene Tribe · Chippewa Cree Tribe of the Rocky Boy’s Reservation · Confederated Tribes of the Colville Reservations · Confederated Salish and Kootenai Tribes · Confederated Tribes of the Siletz Reservation · Hualapai Tribe · Kaibab Band of Paiute Indians of Arizona · Kickapoo Tribe of Kansas · Lac du Flambeau Band of Lake Superior Chippewa Indians
· Leech Lake Band of Ojibwe Indians · Makah Tribe of the Makah Reservations · Mescalero Apache Nation · Minnesota Chippewa Tribe · Nez Perce Tribe · Nooksack Tribe · Northern Cheyenne Tribe · Passamaquoddy Tribe of Maine · Pawnee Nation · Pueblo of Zia · Quechan Indian Tribe of the Fort Yuma Reservations · Soboba Band of Luiseño Indians · Round Valley Tribes · Salt River Pima-Maricopa Indian Community · Santee Sioux Tribe · Shoshone Bannock Tribes of the Fort Hall Reservation · Soboba Band of Luiseño Indians · Spirit Lake Dakota Nation · Spokane Tribe · Standing Rock Sioux Tribe of the Fort Yates Reservation · Swinomish Tribal Indian Community · Te-Moak Tribe of Western Shoshone Indians · Tohono O’odham Nation · Tulalip Tribe · Tule River Tribe · Ute Mountain Ute Tribe · Ute Tribe of the Uintah and Ouray Reservation Effective Date: October 9, 2024
SNAP 502-1 INCOME Earned Income Supersedes: SNAP 502-1 (04/21/2022) Reference: CFR 273.2, 273.9, 273.11 Overview: All earned income received by the filing unit is considered when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). All earned income, whether countable or excluded according to policy is entered into CHIMES. ADVANCES ON WAGES: Advanced wages are countable in the month received when the advance is anticipated. NOTE: The amount withheld from subsequent paychecks to repay the advance is excluded income, even if the advance was not counted when it was received. AMERICORPS & AMERICORPS VISTA: AmeriCorps NCCC, AmeriCorps State and National (formerly referred to as AmeriCorps Direct in this manual), and AmeriCorps VISTA administer several different programs. AmeriCorps NCCC currently does not administer any programs in Montana. Payments from programs administered by AmeriCorps State and National are excluded. NOTE: • Montana Conservation Corps is a program administered by AmeriCorps State and National and payments are excluded. It is the most common program we see in Montana. For a complete list of current AmeriCorps programs in Montana, visit https://serve.mt.gov AmeriCorps VISTA payments, also known as VISTA, are excluded for individuals receiving SNAP benefits at the time they joined VISTA. AmeriCorps VISTA payments are countable for individuals who were not authorized to receive SNAP benefits at the time they joined VISTA. AmeriCorps VISTA payments should be identifiable as an AmeriCorps VISTA stipend. NOTE: An individual is considered to have joined VISTA on the date the individual takes his/her oath of service and is sworn in. If the source of funding for AmeriCorps volunteers is unknown or questionable, we must verify if the program is administered by VISTA or AmeriCorps State and National. ATTENDANT CARE PAYMENT:
Attendant care payments, paid by an outside source to the attendant care provider for a disabled/elderly household filing unit member, are countable earned income to the attendant care provider. Attendant care payments paid from the outside source to the disabled/ elderly household member receiving the care are excluded as reimbursements. The payment is not counted twice. BONUS PAY: Bonus pay (e.g., received every Christmas, quarterly, annually, etc.) is countable earned income. A clear understanding of how the bonus pay is earned and when it is paid is needed to prospectively budget this income. CENSUS: Census income is countable earned income. COMMISSION: Commission is countable earned income regardless of how often it is paid. A clear understanding of how the commission is earned and when it is paid is needed to prospectively budget this income. CONTRACTUAL INCOME: Average the income over a 12 month period for a household earning its entire annual income by contract in a period less than one year. These households may include school employees, sharecroppers, farmers, other self-employed households, etc. EXCEPTION: This does not apply to migrant seasonal farm workers. Income received hourly or on a piece work basis is averaged over the period the income is intended to cover. DISASTER RELIEF EMPLOYMENT: Disaster relief employment income received from a National Emergency Grant is excluded income. The Department of Labor should be able to verify whether the source of income is from a National Emergency Grant under the Workforce Investment Act (WIA). The source of income must be verified if the individual suffered a job loss or was unemployed due to a recent disaster, if the employment is deemed temporary (less than six months), and if the type of work is disaster related. DISLOCATED WORKER: The Dislocated Worker program is funded by WIA. Payments received by participants over the age of 19 years old through WIA are countable earned income. EXCEPTION: Payments to an enrolled American Indian, veteran, migrant/seasonal farm worker are excluded; and, payments to dependents under age 19 years old are excluded. DISPLACED HOMEMAKER:
The State Displaced Homemaker program funded by the state general fund. The income is countable earned income. DOMESTIC VOLUNTEER SERVICE ACT INCOME: The following payments to volunteers are excluded: 1. Title II Retired Senior Volunteer Program (RSVP); and, 2. Title III Service Corps of Retired Executives (SCORE), Senior Companion Program and Active Corps of Executives (ACE). EARNED INCOME OF CHILDREN: Earned income of any individual under age 18 years old is excluded through the month of the individual's 18th birthday when the individual is an elementary or secondary school student, and lives with a natural, adoptive, or stepparent or under the parental control of a household member other than a parent. For purposes of this policy, an elementary or secondary school student is someone who attends elementary or secondary school, or who attends classes to obtain a General Equivalency Diploma that are recognized, operated, or supervised by the student's state or local school district, or who attends elementary or secondary classes through a home-school program recognized or supervised by the student's state or local school district. The exclusion shall continue to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment will resume following the break. If the child's earnings or amount of work performed cannot be differentiated from that of other household members, the total earnings shall be prorated equally among the working members and the child's pro rata share excluded. Earned income is countable for individuals under age 18 years old working, and/or attending high school, and living on their own. EARNED INCOME OR CHILD TAX CREDIT: Earned Income Tax Credit (EITC) payments and Child Tax Credit received as advance payments or as a refund, are excluded earned income. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE (FSSA): Family Subsistence Supplemental Allowance (FSSA) is paid to certain service members and their families, if determined eligible by the Department of Defense. The amount of FSSA is shown on the member's Leave and Earnings Statement. FSSA is countable earned income. FEDERAL INCOME TAX REFUNDS: Federal income tax refunds are excluded as income in the month of receipt and as a resource for a period of 12 months following the month of receipt. GARNISHMENTS FROM WAGES:
Garnishments deducted from wages for a debt (except for previous advance on wages) are countable earned income. NOTE: The garnished amount is an allowable expense if garnished due to a legally obligated child support debt. GOVERNMENT TRAINING ALLOWANCES: The source of funding of the specific government training allowance must be known to determine whether the income is earned or unearned and countable or excluded. The training allowances are excluded if they are a reimbursement. Training allowances from vocational and rehabilitative programs recognized by federal, state or local governments such as Work Readiness Component (WoRC) of TANF and Tribal Work Experience Program (TWEP) are countable earned income. IN-KIND BENEFITS: In-kind benefits are a gain or benefit that is not in the form of money payable directly to the household, such as meals, clothing, housing, produce from a garden, and vendor payments. In-kind benefits are excluded. IRREGULAR INCOME: Income received too infrequently or irregularly to be reasonably anticipated is excluded earned income IF the infrequent or irregular income of all household members does not exceed $30 in a quarter. JURY DUTY: Evaluate how individuals on jury duty are compensated to determine whether the jury duty payment is countable or excluded earned income. When the jury duty is paid over a time period of several days or weeks at a specific amount (e.g., $15 per day) and can be anticipated, the payment is countable earned income. Jury duty income is excluded when: 1. The jury duty pay meets the definition of irregular or infrequent income; or, 2. The individual verifies the payment was given to their employer; or, 3. The jury pay is a reimbursement. LUMP SUM PAYMENTS: Nonrecurring lump payments are excluded as income. Nonrecurring lump sum payments may include: 1. Income tax refund; 2. Rebates or credit refunds; and, 3. Crop insurance proceeds (SNAP 503-1) MILITARY BASIC ALLOWANCE FOR HOUSING:
The Basic Allowance for Housing (BAH) is one monthly payment, replacing the Variable Housing Allowance (VHA) and Basic Allowance for Quarters (BAQ). BAH (BAQ or VHA) is countable earned income. MILITARY PAY: Military pay is countable wages if earned. EXCEPTION: The mandatory salary reduction for military service personnel used to fund the GI Bill is excluded from income. MILITARY RE-ENLISTMENT BONUSES: Military re-enlistment bonuses are paid in one of two ways: a lump sum; or up to 50% of the bonus amount as an initial payment with the remainder of the bonus paid in equal annual payments. It is up to the military service to decide which military grades/series receive re-enlistment bonuses and how much the re-enlistment bonus is. This means the Navy, Marines, Army, and Air Force can have their own policies regarding payment of re-enlistment bonuses. The eligibility staff member must verify what the payment policy is depending on the military service. How the bonus is paid out determines how it is counted: 1. If a household receives a lump-sum re-enlistment bonus, it is exempt from income as a non- recurring lump sum payment. The money is counted as a resource in the month it is received. 2. If a household receives up to half of the bonus pay as an initial payment with the remaining bonus paid in equal annual installments, the bonus is counted as earned income. It is averaged over a 12-month period since the bonus is paid annually. OLDER AMERICANS ACT: Payments are excluded from programs funded under Title V of the Older Americans Act of 1987 and include: 1. Experience Works Inc., also known as Green Thumb; 2. Forest Service; 3. American Association of Retired People (AARP); 4. National Council on Aging; 5. National Council of Senior Citizens; and, 6. Foster Grandparent Program. PLAN FOR ACHIEVING SELF-SUPPORT (PASS): Money diverted from an individual’s income to a PASS account is excluded. ROYALTY INCOME: Definition of Royalties - royalties include compensation paid to the owner for the use of property usually copyrighted material such as books, music, etc., or natural resources such as, mineral, oil, gravel or timber, etc.
The only earned royalties are derived from a self-employment business enterprise (SNAP 503-1). Unearned Royalties (SNAP 501-1). SALE OF BLOOD: Gross income from the sale of blood or blood plasma is countable earned income. SEVERANCE PAY/ SICK LEAVE/ VACATION PAY: Sick leave or vacation pay received while still employed is countable earned income. Vacation pay received after employment termination is severance pay and considered unearned income (SNAP 501- 1). Sick leave pay received after employment termination is considered unearned income (SNAP 501-1). TIPS: Tips are countable earned income. A clear understanding of how tips are earned and paid is needed to prospect this income. Verification varies depending on how the tips are reported, shown on wage stubs, and are paid. Acceptable verification of tips may include: the individual's daily tip log, pay stubs, or an employer statement. VENDOR PAYMENT: An unearned vendor payment is money paid directly to the household's creditors, a person, or an organization that provided a service to the household. A vendor payment is made on behalf of the household by a person or organization that is not in the household (SNAP 501-1). Money legally obligated or payable to the household as earnings but is diverted to a third party for a household expense, is countable earned income. WAGES FROM EMPLOYMENT: Gross wages are wages before taxes, insurance, etc., are deducted. Gross wages include salary and commission earnings and are countable earned income. WORK STUDY: Earnings from work study are excluded as educational income. If a student exhausts work study hours and continues working, the income received is no longer considered excluded educational income, but is countable wages. WORKFORCE INVESTMENT ACT (WIA): The Workforce Investment Act (WIA) replaced Job Training Partnership Act (JTPA). Work Experience wages paid to the participant by the sponsoring WIA agency are excluded earned income. WIA On-the-Job-Training wages paid to the participant by the employer are earned income.
OJT payments received by participants over the age of 19 years old through WIA are countable earned income. EXCEPTION: OJT payments to an enrolled American Indian, veteran, Migrant/seasonal farm worker, and to dependents under age 19 years old are excluded. Effective Date: May 19, 2022
SNAP 503-1 INCOME Self-Employment Income
Supersedes: SNAP 503-1 (04/11/2024) Reference: 7 CFR 273.10 and 7 CFR 273.11; ARM 2.4.113 Overview: Net earnings from self-employment must be counted when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). DEFINITION OF SELF-EMPLOYMENT: Self-employment is the act of engaging in a trade or business. A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. An individual does not have to make a profit to be in a trade or business as long as a profit motive exists. The individual may be a contractor, franchise holder, owner/operator, partner, etc. The individual must meet the following criteria to be considered self-employed: 1. They earn their income directly from their business or trade not from wages or salary from an employer. 2. They are responsible for the payment of their entire Social Security and Federal withholding taxes. 3. They do not have an employee/employer relationship with another individual, and the services performed cannot be controlled by an employer such as setting the job schedule, etc.; and, 4. They sometimes file self-employment tax forms (Schedule F, C, C-EZ, SE, Form 1065, etc.). SELF-EMPLOYMENT STRUCTURES:
There are many types of self-employment structures. Eligibility staff should determine the structure based on how the income flows to and from the household member, rather than applying rules based on how the business is classified. Unincorporated v. incorporated is the first important distinction. Again, even a business with a name ending in “Inc.” might not actually be incorporated, and some incorporated businesses might not use “Inc.” in their name. Eligibility staff determine the correct structure during the interview. These guidelines apply when determining whether a business is self-employment: • The income and resources of an unincorporated business, whether a sole proprietorship or a partnership, are treated as self-employment income and resources of the owner(s).
• Income earned as an employee of an incorporated business (typically a corporation) is treated as earned income, and the value of stocks or dividends someone held as a shareholder is treated as a resource. Wages paid to corporate officers or employees are considered wages, but fees paid to corporate officers are considered self-employment earnings. Any corporate income reported on Schedule E as income received from a corporation must be annualized and used as countable unearned income even if the household did not receive the money. Any loss reported on Schedule E as loss received from a corporation is not used in any budget calculation.
SELF-EMPLOYMENT STRUCTURES These structures ARE self-employment and income and costs of producing income are entered as self-employment in CHIMES: 1. Sole Proprietorship: A self-employment business that is not incorporated and has one owner. The business income and liabilities are the responsibility of a single owner. 2. Partnership: A self-employment business set up with two or more partners. In addition to personal income tax forms, partnerships are also required to file 1065 and K-1 forms. The business income and liabilities are the responsibility of all the partners with the partnership defining shares of ownership and responsibility. Partnership income is determined in the same way as other self-employment. 3. Independent Contractor: An individual who pays their own employment taxes and does not have an employee/employer relationship is considered self-employed. 4. Sharecropper: If the sharecropper pays the costs of doing business and receives a portion of the net income in exchange for labor, the sharecropper is considered self- employed. The sharecropper is not considered self-employed if the sharecropper is not responsible for paying the costs of doing business.
******** STRUCTURES NOT CONSIDERED TO BE SELF-EMPLOYMENT*********** Participants who operate corporations are employees of the corporation. Please see paragraph below.
1. LLC-LIMITED LIABILITY COMPANY 2. S-CORPORATIONS 3. CORPORATIONS
For SNAP purposes, owners of LLCs, S-Corporations, and any other corporations are considered employees of the corporation and therefore, cannot be considered self-employed. Because these SNAP participants are not considered self-employed, they are not entitled to the exclusion of allowable costs of producing self-employment income. The income from these types of corporations should be treated as regular earned income (wages and salaries), not self-employment income. Corporations are legal entities and are responsible for their own debts and obligations. We must determine the correct type of business structure during the interview (Please see Business Process). An S-Corporation must file an annual information return (IRS Form1120 and 1120 K-1) to report the income, deductions, gains, losses, distributions, etc., from its operations, but it does not pay income tax. Profits or losses are “passed through” to its shareholders. Each shareholder includes his or her share of the corporation’s income or loss on his or her tax return (IRS 1040). The 1040 form will outline the SNAP participant’s income (to be entered as wages & salaries).
Although these corporations are not considered self-employment, the income from these corporations, as reported on the household's Form 1040, should be counted in determining the household's eligibility and benefit level. The income would then be annualized. If the corporation has not filed taxes yet (i.e., a new business), the worker would anticipate income until a tax form is available. Distributions and other payments by an LLC, S-Corporation, or a corporation must be treated as wages if it is listed on the individual’s 1040. If distributions are found on the Schedule K for the corporation but are not found on the individual’s 1040, we want to clarify whether those distributions were reinvested into the company.
• Fees paid to corporate officers are considered wages and salaries – they are paid to corporate officers in exchange for work performed but taxes are not withheld. This income will usually be reported on the INDIVIDUAL’S 1040 form.
• The value of stocks or dividends someone held as a shareholder is treated as a resource. Resources are not considered for CE and ECE households. • In certain situations, a client might submit a Schedule C and a 1040. This usually happens when a member of an LLC did not pay themselves wages but took disbursements/dividends of the business’s profit. This income can be located on line 3 of the 1040 and should be annualized. It is important during the interview to determine how the applicant is paying themselves.
EARNED VS. UNEARNED: Self-employment income is considered earned income (entered in CHIMES as Self- Employment). The income is considered unearned income if any of the following occur: 1. Rental income and rental partnership income, and the individual is not actively participating in the business at least 20 hours per week (SNAP 501-1); 2. Contract for deed income (SNAP 501-1); or 3. In some instances, boarder income (SNAP 201-4). RESOURCES: Property essential to self-employment is excluded as a resource. Possible exclusions of some resources are: 1. Property Essential for Self-employment (SNAP 402-1). 2. Income Producing Property (SNAP 402-1); and, 3. Business Checking Accounts (SNAP 402-1). NOTE: Money in a business checking account is a countable resource, but the self- employment funds prorated as income are excluded as a resource. The self- employment funds prorated as income retain their exclusion for the time they are prorated as income even if the funds are commingled. INCOME EXCLUSIONS: The following are income exclusions: 1. Federal gasoline tax credit; 2. State gas tax; 3. Disaster payments (SNAP 501-1); 4. Crop insurance payments; and, NOTE: If a Federal Insurance Corporation Payment or a private insurance payment is paid in a lump sum, it is excluded as income and counted as a resource. If the payment
is from a private insurance company and pays the household in installments, it is countable unearned income. 5. Patronage dividends paid to a self-employment enterprise. Patronage dividends, paid by cooperatives in cash, are countable unearned self-employment income (SNAP 501-1). If the patronage dividends are paid in stock, they are counted as a resource (SNAP 402-1). AGRICULTURAL STABILIZATION & CONSERVATION SERVICES (ASCS): Cash payments are counted as earned self-employment income. These include but are not limited to: Commodity Credit Corporation, acreage reduction and conservation payments, and other one-time or installment payments made to farmers for crop or other losses unrelated to a presidentially declared disaster. If the payment is due to a presidentially declared disaster, it is excluded as both income and a resource due to the Disaster Relief Act. CANCELED DEBT: If canceled debt appears on any of the tax forms, it should not be counted. Before disregarding canceled debt claimed by a household, the household is required to provide a statement from the lending institution verifying the canceled debt. CAPITAL GAINS or CAPITAL LOSSES: Capital gains are increases in the value of property between the time purchased and the time sold. Capital losses are decreases in the value of property between the time purchased and the time sold. Depreciation is considered when determining whether capital gains/losses occur for self-employment businesses. Capital gains/losses are usually determined at the time property is sold. Capital gains from the sale of self-employment property must be annualized as part of the net earnings from self-employment whether paid in a lump sum or in installments. Capital gains are included in prospectively budgeting self-employment income if capital gains are received or are expecting to be received prospectively for next year. Capital losses are not used in any self-employment income determination. They are not considered business expenses or deductions. ALLOWABLE EXPENSES OF PRODUCING SELF-EMPLOYMENT INCOME: Allowable expenses of producing self-employment income are deducted from the gross self- employment income. Most costs of doing business are allowable expenses and may be accepted as listed on the income tax forms or other documentation with few exceptions. Self- employment income for SNAP purposes is not computed the same as it is for Internal Revenue Service (IRS) purposes. The IRS forms may only be used for verification purposes. Expenses must be current, not due from a previous fiscal period, and are allowed when they are billed or otherwise become due. NOTE: Some self-employed individuals do not claim all expenses on their Schedule C in order to qualify for Earned Income Tax Credit. The allowable expenses not shown on the Schedule C can be verified by the household and used in determining accurate
self-employment earnings. Allowable costs of producing self-employment income include, but are not limited to: 1. Payments on the principal of the purchase price of income producing real estate and capital assets, equipment, machinery, and other durable goods even if the capital asset or durable good is not set up on a depreciation schedule. Capital assets and durable goods are objects used in business expected to last a long time such as farm machinery, equipment, swing sets, buildings, computers, cribs, VCRs, DVDs, furniture, highchairs, tricycles, vehicles, hair dryers, etc. 2. Interest paid to purchase income producing property, insurance premiums, and taxes paid on income producing property. 3. Labor paid to non-household members (individuals not included in the filing unit), materials, seeds, supplies, plants and fertilizer, interest payments on business loans and operating loans, business portion of home property or expense, repairs, etc. NOTE: Supplies include small tools, paper, pencils, scissors, oil, gas, envelopes, shampoo, hairbrushes, crayons/color books, etc. Supplies are generally described as objects usually used up or consumed in service. NOTE: Transportation costs for doing business may be allowed; however, the cost of commuting to the business from home is not allowed. Mileage expense is allowed at the Federal business expense rate. The current rate can be found by searching for the current year standard mileage rate on the Internal Revenue Service website. DEPENDENT CARE BUSINESS EXPENSES (Cost of meals): Household's income from dependent care, such as a providing day care for children, elderly, or disabled individuals may elect one of the following methods to determine the cost of meals provided to the individuals: 1. Actual documented meals; 2. A standard per day amount based on estimated meal costs; or, 3. Current reimbursement amounts in the Child and Adult Care Food Program. EXPENSES NOT ALLOWED FOR PRODUCING SELF-EMPLOYMENT INCOME: Non-allowable expenses must be added back into the self-employment income if income tax forms are used or not allowed as a deduction in the monthly calculation of self-employment income. Expenses not allowable include: 1. Net losses from previous periods. 2. Personal federal, state, and local income taxes; money set aside for retirement purposes; and other work-related expenses such as transportation to and from work. 3. Depreciation is added back into income when used as a deduction from self- employment income.
4. Any amount that exceeds the payment a household receives from a border for lodging and meals. 5. Social Security taxes. 6. Meal and entertainment costs for the household. 7. Charitable contributions. 8. Clothing not specific to any one job. 9. Penalties and fines. SELF-EMPLOYMENT CONNECTED TO HOME (E.G., FARM EXPENSES): When a household's home is on property connected to the property used for farming or another self-employment business enterprise, the eligibility staff member must determine if the shelter costs (e.g., rent or mortgage) and the self-employment costs can be separately identified. If necessary, the eligibility staff member is required to determine a breakdown of business expenses from personal home shelter expenses by using: 1. Household's calculation of breakdown. 2. Income tax form breakdown; OR 3. Verifications submitted by the household such as: tax verifications (Ag/Nag); loan papers indicating costs of farmland, buildings, equipment, etc. versus costs for house/garage/personal equipment; insurance policy breakdowns of cost of premiums for farm and personal home costs. NOTE: If the household presents self-employment tax records (Schedule F, C, etc.), do not question the shelter deductions (utilities, insurance, interest, etc.) included on those documents.
If utilities are measured and billed separately, the household is entitled to the appropriate mandatory utility allowance for its residence, and to the separately billed utility costs as a self- employment cost of doing business. If utility costs cannot be separately identified, the household is entitled to the appropriate mandatory utility allowance for its residence and does not receive a self-employment expense. NOTE: In most instances a separate amount of utilities should be identifiable. A means of identifying costs separately is to subtract the appropriate mandatory utility allowance for the residence from the total utility costs. The remainder is allowed as a cost of doing business. If the household uses part of the house such as a separate room or a separate apartment solely for the self-employment business and there is a central meter, the household is entitled to the appropriate mandatory utility allowance for its residence and no deduction of utilities for the cost of doing business. IN-HOME EXPENSE:
When the self-employment business is conducted in the household's home and the household wants to claim a portion of its shelter expenses as a business deduction, the eligibility staff member must separate business expenses from personal shelter expenses. The portion of the home used on an exclusive basis for a business is allowed as a business expense. However, the household is not required to use the business portion as a business deduction. The household is entitled to the mandatory utility allowance for its residence and no deduction of utilities for the cost of doing business. NOTE: If the expense is not used as a self-employment expense, it can be used as a shelter expense. A substantial amount of time must be spent doing business in the home (not occasionally) to use home shelter costs as a business expense. If the in-home business is NOT related to dependent care, the business must also meet one of the following two conditions. 1. An allowance for space regularly used for inventory storage may be allowed if the space is identifiable and only used for self-employment; or, 2. The portion of the home must be used on an exclusive basis. The space allocated to the business must be used only for the business. The eligibility staff member determines the usage of home, with the agreement of the household, for business purposes by: 1. The household's calculation of use. 2. Form 8829 percentage (only if the business and personal home costs are separated on this form); or, 3. The ratio of business square footage to square footage of the entire home. The business share of home expenses is allowed as a deduction from the self-employment income as long as it is not also used as a shelter deduction. The household is not required to deduct the business share even if it can be separated from other expenses.
BUDGETING AND VERIFICATION Most self-employment budgets are annualized (SNAP 601-1). Self-employment income intended to support the household on an annual basis is annualized. Temporary or seasonal self-employment income or when a business is not in operation for an entire year is income not representing annual support and is averaged over the period it is intended to cover. For LLCs, S- CORPORATIONS, AND CORPORATIONS, we must request all tax schedules. The following self-employment incomes are always annualized regardless of whether the income is intended to support the household on an annual basis:
1. Farm income; and, 2. Self-employment income received less often than monthly (e.g., income received quarterly, bi-monthly, annually, etc.). When self-employment income is annualized, the expenses must also be annualized. Expenses are counted when paid not when billed. If the self-employment income is annualized, income tax forms (when available) should be used to determine income. The most current tax forms are used unless there is a substantial change in business or income. Income must be annualized whether tax forms reflect current income and whether they are available. Other documentation must be used to determine annualized income. Tax forms may not always be available and cannot be required of SNAP applicants. If tax forms aren’t used as verifications, eligibility staff need to request other types of verifications and determine what type of income is being received based on the definitions of earned, unearned, and self-employment income. Other documentation examples are profit/loss statements prepared by the business, business account bank statements, or HCS 542 Self-Employment Record. 'Substantial increase or decrease in business' may include: 1. Termination or starting a new self-employment enterprise such as changing from a grain and cattle operation to a cattle operation. 2. Significant increase or reduction of operation such as adding or reducing a quarter of crop land or significantly increasing or decreasing a dairy or beef operation; and, 3. Natural disasters like hail or drought. Normal year-to-year fluctuating market prices are not considered to be substantial increases or decreases. NEW BUSINESS: If a new business has income, it is averaged using the income and expenses from the months the business has been in operation if the household anticipates the same for the next prospectively budgeted period. When the business has reached 12 months either at the Simplified Report or recertification, the income must be annualized if the household anticipates the same for the next prospectively budgeted period. If there is no reliable history of income or expenses to average, the eligibility staff member must negotiate a projection of the anticipated monthly income and expenses with the household. RENTAL INCOME: Depending on how active an individual is in managing rental property, the income is considered earned self-employment or unearned income. The cost of doing business is deducted from the gross income to determine net countable income for benefit calculation regardless of whether it is earned self-employment or unearned income.
A property owner/landlord is allowed the full amount of shelter costs (such as mortgage, taxes, insurance) that the household is required to pay to live there. The gross income minus the cost of doing business received from rental property, if a household member is not involved in management of the property 20 hours/week or more, is countable unearned income to the owner/landlord's household. NOTE: No portion of expenses can be used as both a shelter cost and a self-employment cost. Separate households residing in the same residence are allowed the actual amount of rent they are billed as a shelter deduction. When households reside together and neither household owns the residence, a rent payment made from one household to another is exempt as pass- through shelter payment up to the full amount of rent billed. If the payment is more than the full rent charged for the residence, the excess payment is unearned income to the household receiving the payment. ROOMERS: A roomer is an individual living with a household and paying for lodging but not meals. Refer to 'Earned vs. Unearned' in this section of the manual to determine whether the contribution is considered earned or unearned income. Payments received from roomers are usually considered unearned contributions to the household. Do not allow expenses against the contributions unless the roomer situation meets the definition of earned income and the case is treated as self-employment. BOARDERS: Treat commercial boarding houses (businesses established as commercial enterprises offering meals and lodging for compensation with the intent to make a profit) according to the general provisions of regular self-employment rather than using the information provided below. Boarders are individuals that a household furnishes lodging and meals (SNAP 201- 4). Foster children are not boarders. When a boarding situation is not related to a commercial boarding house, the income from boarders includes all direct payments to the household including contributions for meals and shelter. In determining the amount of countable income received from the boarder, exclude the household’s costs of providing room and meals to the boarder (allowable expenses). Households may choose one of the following methods to determine the cost of doing business (expenses): 1. The cost of the SNAP's thrifty food plan for the number of boarders in the household; 2. If the actual costs exceed the appropriate thrifty food plan, the actual documented allowable expenses of providing room and meals. If actual costs are used, only separate and identifiable costs of providing room and meals to the boarders are excluded; or, 3. A flat amount of $100 per boarder.
Expenses may not exceed the payment received by the household from the boarder. Boarder income is always earned self-employment income. Boarders may not claim separate household status to receive SNAP benefits on their own case. INCOME/LOSSES: Losses from corporations are not used to offset any other income. Farm losses are allowed only if the farm grossed or anticipated grossing at least $1,000 during the year. Farm losses may offset any other household income in the following order: 1. Other self-employment gains; and, 2. Any remainder from any other household income. If there are other wages, the 20% deduction is calculated on the gross wage prior to the farm loss being deducted. BANKRUPTCY: If bankruptcy is filed, the projected monthly self-employment income continues to be used unless the household states the business will have substantial change in income and expenses. The bankruptcy could verify this statement. If the household reports the self-employment enterprise has ended, the monthly self-employment income is no longer prospectively budgeted. The self-employment income continues to count even if diverted to a bank or other source. If the self-employment income goes to a trustee and the household receives a living allowance, the entire self-employment income continues to be budgeted and no deduction is allowed for the trustee or conservator's fees. NOTE: The living allowance is not counted as income because the self-employment income is already being counted. If the equipment/land is repossessed or the title is given to the lender, the property is the legal property of the lender and sale of the property is not considered income. However, if the title remains in the household’s name and the lender arranges the sale, the property belongs to the household and the amount is counted as income if received as periodic payments or as a resource if received in a lump sum. If the lender forgives or writes off a loan, the amount forgiven or written off is not considered income. Effective Date: October 3, 2024
SNAP 601-1 ELIGIBILITY AND BENEFIT DETERMINATION Prospective Budgeting Supersedes: SNAP 601-1 (08/10/2022), Bulletin 94 (10/24/12) Reference: 7 CFR 273.10 (c) Overview: Reasonable expectations and knowledge of the household's anticipated financial and non- financial circumstances are used to determine eligibility prospectively for SNAP. EARNED INCOME: Earned income received during the most recent 30 days is used to prospect income that is and will be available to the household during the certification period. However, do not use past income for the certification period if changes in income have occurred or if changes can be anticipated. The past 30 days of earned income will be requested at application, recertification, and simplified report unless a change has occurred or can be anticipated. If income cannot be accurately prospected based on the most recent 30 days of income, additional verification can be requested. Document in case notes the reason for requesting additional verification. CASE NOTE DOCUMENTATION: The eligibility staff member must document sufficient detail in case notes so individuals reviewing the case (Hearing Officers, Management Evaluation Reviewers, Program Compliance Auditors, Claims and Investigations Financial Investigators, Quality Assurance Reviewers, Supervisors, federal audits, etc.) can determine the reasonableness and accuracy of the prospectively budgeted income determination. The case note must list the dates paid, the gross amount of income per pay period, the number of hours worked, and the prospective budgeting method used for the income calculation. If a paycheck is unusually high or unusually low, the eligibility staff member must document the reason the check was unusually high or low by asking the household or the employer (unpaid sick days, unpaid vacation, worked extra because short staffed, etc.). The case note includes the reason the check was or was not included in the income calculation based on either the household or the employer anticipating or not anticipating it to occur again for the prospectively budgeted period. PROSPECTIVELY BUDGETING INCOME: Monthly income anticipated to be received is determined on a case-by-case basis using one or a combination of methods to budget income prospectively. Verification cannot be limited to one specific type or source. Actual income is used in the month of application when all pay dates occur prior to the date of application. A combination of actual and anticipated methods is used for the same income source for the month of application when one pay date has occurred, but there is additional pay date(s) after the date of application. Actual income will be used for the pay date(s) that occurred prior to the
date of application and anticipating method is used for the additional pay date(s). When a household receives income on a recurring monthly or semi- monthly basis, the household should not have its monthly income varied because of changes in mailing cycles or pay dates or because weekends or holidays cause additional checks to be received in a month. Methods include: 1. Anticipating method is used to prospectively budget income when: a. a full month's income is not expected because the individual will not work a full pay period during the month (e.g., new employment, unpaid extended sick leave, or unpaid vacation). b. income is from a terminated source (e.g., lay-off or other job termination). NOTE: If a full month's income is not expected, the income is not factored. 2. Factoring method is used to prospectively budget income when: a. paid weekly or bi-weekly (paid every two weeks); and, b. there is a reliable history of income, and the history of the income is reflective of what is anticipated in the future by household and/or employer. If weekly or bi-weekly pay checks are available for the month of application, the checks must be averaged and factored even if they did not receive a third or fifth check in the month of application. The calculation for the factoring method is: Gross weekly income (actual or averaged) x 4.3 = total prospectively budgeted gross monthly income; or gross bi-weekly income (actual or averaged) x 2.15 = total prospectively budgeted gross monthly income. EXCEPTION: Income is not factored if an individual will not receive a full month's pay (e.g., individual will not be paid for hours normally worked such as unpaid sick leave or unpaid vacation, etc.). Anticipating income budgeting method of counting actual days is used taking days off and paid holidays into consideration. 3. Averaging method is used to prospectively budget income when there is a reliable income history, and the history of the income is reflective of what is anticipated in the future by the household and/or employer. Income is averaged when a significant income change is expected in the future (e.g., promotion, part-time to full-time or vice versa, additional job, transfer, etc.) and a full month's pay is expected. Any source of income that fluctuates from month to month is averaged including wages, irregular child support, interest income paid quarterly, and quarterly bonuses. Patterns of income fluctuations such as overtime and quarterly bonuses are considered when anticipated to continue to be received. Paychecks agreed on as unusually high or low by the eligibility staff member, the household, and/or employer should be disregarded unless the unusually high or low paychecks are anticipated to continue into the prospective period. NOTE: When an individual is paid twice a month, the number of days in a pay period usually varies. Some checks may appear to be higher or lower, but it could depend on the number of days in a pay period. For this reason, caution should be used when disregarding unusually high or low pay checks when someone is paid twice a month. Generally, it is best to average an even number of pay checks. The total gross income or hours worked multiplied by rate of pay are used to average income. The averaging calculation is used when paid: • monthly - add the total gross income or hours worked per month during the representative period and divide by the number of months in the representative period to determine the prospectively budgeted amount of income per month. • semi-monthly - add the total gross income or hours worked for the pay dates during the representative period and divide by the number of pay dates in the representative period to
determine the gross average income per pay date. The average gross income per pay date x 2 = total prospectively budgeted gross monthly income. • weekly - add the total gross income or hours worked for dates paid in the representative period and divide by the number of pay dates in the representative period to determine the gross average income per pay date. The average gross income per pay date x 4.3 (weekly) = total prospectively budgeted gross monthly income. • bi-weekly - add the total gross income or hours worked for dates paid in the representative period and divide by the number of pay dates in the representative period to determine the gross average income per pay date. The average gross income per pay date x 2.15 (bi- weekly) = total prospectively budgeted gross monthly income. 4. Rate/Unit/Frequency method is used when: a. paid monthly or semi-monthly (paid twice a month with set pay dates such as 5th and 20th); and, b. there is not a reliable income history to average; or, c. a significant income change is expected in the future (e.g., a promotion, part-time to full-time or vice versa, additional job duties, a raise in pay, a transfer, etc.). To prospectively budget income on rate/unit/frequency: a. determine rate of pay. b. determine the unit for rate of pay. c. determine how often the person is paid (frequency). d. determine the number of units per frequency using the table below. e. multiply the rate times the number of units in the frequency. This results in the anticipated amount of income per pay period. f. multiply the anticipated amount of pay per pay period by the number of pay dates expected in the benefit month to determine the total amount of income anticipated for the benefit month. *→ # days/week worked → 1 2 3 4
5 6 7 ↓ Average # of days per pay ↓ period (frequency) when pay is received:
Monthly – Use only when paid once each month
4
9
13
17
22
26
# of days in specific month Semi-monthly – Use only when paid twice each month on set dates within the month, such as the 1st and 16th, (but not if paid on
2
4.5
6.6
8.5
11
13
15
set days of the month, such as paid every other Tuesday) *# days/week worked: This is the number of days in a calendar week that a person works, regardless of the pay schedule. • Multiply average number of days per pay period by average number of hours worked per day to determine the number of units per frequency (if pay is by the hour). • Then multiply this figure by rate of pay to determine income per pay period. • Multiply the income per pay period by the number of paydays in the month to determine the monthly income. 5. Prorating over the period intended to cover method is used for contractual, self-employment, or other income expected to cover a period longer than one month or received regularly but less often than monthly. Prorating over the period intended to cover involves dividing a total yearly income by 12 months (for self-employment) or dividing a regular periodic payment by the number of months until the next payment is received (income other than self-employment). a. Divide a payment received bi-monthly (every second month) by two b. Divide a payment received quarterly (four times a year) by three (there are three months in a quarter). c. Divide a payment received semi-annually (twice a year) by six. d. Divide a payment received annually (once a year) by 12 (this is also referred to as “annualizing”). 6. Annualizing income is used to prospectively budget income for contractual or self-employment. The contract for contract income must be evaluated on a case-by-case basis. A key factor in determining whether income is contractual is whether the contract is for a set dollar amount even if an hourly rate is indicated. If the household receives its annual income in a period of time shorter than a year by contract or self-employment, the income is averaged over a 12- month period provided the income from the contract is not received hourly or on a piecework basis. If the contract work is not the household's annual income, the income is prorated over the period it is intended to cover. SEE REFRESHER TRAINING: Course: Prospecting Income https://dphhselearn.org
Effective Date: September 13, 2022
SNAP 602-2 DEDUCTIONS Earned, Standard, Dependent Care and Child Support
Supersedes: SNAP 602-2 (10/01/2024)
Reference: 7 CFR 273.9(d)(1) through (6); 7 CFR 273.10(d); 7 CFR 273.2(f)(2-3) and 273.9(d)(4)
Overview: The following deductions are detailed in this manual section:
1. Earned income deduction. 2. Standard deduction. 3. Dependent care deduction. 4. Child support deduction.
The dependent care and child support expenses must be anticipated to be incurred by the household or one of its members. The household's expenses are based on the expense amount the household expects to be billed. Anticipating the expense is based on the most recent month's bills unless the household is reasonably certain a change will occur. The household may choose to have fluctuating expenses averaged. The household may also choose to average expenses billed less often than monthly over the period the expenses are intended to cover. Expenses that are billed or otherwise become due weekly or biweekly are factored (SNAP 601-1) (e.g., dependent care or child support expenses). These deductions are allowed until the next recertification or until a change is reported or discovered and is acted on by the eligibility staff member according to the household's reporting requirements (SNAP 1501-1).
EARNED INCOME DEDUCTION:
A deduction equal to 20% of the total gross earned income is allowed for each household. This deduction covers work expenses and mandatory wage deductions. The deduction is not allowed for excluded earned income.
LOSS OF EARNED INCOME DEDUCTION:
The earned income deduction is not allowed when:
1. Determining an over issuance due to the household (intentionally or inadvertently) not reporting earned income timely according to its reporting requirements. Only the amount of
earned income that is not reported timely according to the household's reporting requirements is subject to the loss of the deduction. 2. Income is received from another State work supplement or support program. The earned income deduction is not allowed for any portion of income earned under a work supplement or support program attributable to public assistance.
STANDARD DEDUCTION:
The standard deduction for a household size of six or more is $299. The standard deduction for a household size of five is $261 The standard deduction for a household size of 4 is $223. The standard deduction for a household size of 3 or less is $209 Ineligible or disqualified members are not used to determine the household size for purposes of the standard deduction. DEPENDENT CARE DEDUCTION: All dependent care expenses must be verified with hard copy verification or collateral contact. Hard copy verifications may include receipts, billing statements from the provider, and scholarship/assistance statements. These verifications must include the provider’s name and contact information, provider type, rate, total amount paid, hours/days of care provided and scholarship/assistance amount if applicable. If the provider is an individual, a signature is required. If no hard copy verification is available, collateral contact is acceptable. If using collateral contact, please gather the pertinent information above and case note thoroughly.
The dependent care deduction is allowed for each dependent that is included in the same filing unit as the individual billed for the care. The dependent care deduction is allowed for a child through the month of their 18th birthday or an incapacitated person of any age in need of care. If the expense also qualifies as a medical expense deduction for the elderly or disabled, it must be used as a medical expense instead of as a dependent care expense (e.g., home health care for an elderly or disabled household member is a medical expense deduction and cannot be used as a dependent care deduction). Please note that Preschool tuition, after school programs, summer camps, etc., are allowable if the following criteria are met.
Dependent care costs are allowed when it is necessary for a household member to:
1. Accept or continue employment; 2. Seek employment; 3. Attend training or schooling preparatory to employment, or 4. Comply with employment and training requirements (SNAP 700). a. Reasonable costs to transport a dependent to or from care is an allowable dependent care expense, and, b. TANF activities or Individual Family Plan activities for Tribal TANF are considered employment and training activities. Childcare co-payments for all TANF activities or IFP activities are an allowable deduction.
Allow dependent care costs ONLY if the following are met:
1. Someone outside the SNAP household filing unit provides this service;
2. The individual can be living in the same residence but not be required in the SNAP filing unit, and 3. The household is obligated to pay for this service. When a portion of the dependent care expense is reimbursed or paid for by another publicly funded entity or other third party, only the amount of the dependent care expense in excess of these payments is allowable as the deduction. Allowable dependent care costs include: 1. The costs of care given by an individual care provider or care facility; 2. Transportation costs to and from the care facility; and 3. Activity or other fees associated with the care provided to the dependent that are necessary for the household to participate in the care. Transportation cost will be reimbursed at the IRS mileage rate.
CHILD SUPPORT DEDUCTION:
Members of a household making legally obligated child support payments TO an individual living outside of the SNAP household FOR a child living in or out of the SNAP household are allowed an expense for the amount of the child support payments paid. The expense is allowed regardless of whether the payment is for the current period or is for arrearage. EXCEPTION: If the payment is sent to someone outside the home who returns the payment to a member of the SNAP household, the child support deduction is not allowed.
Legally obligated means the household has a legal obligation to pay the support (e.g., court order, administrative order, legally enforceable separation agreement, etc.). The legally obligated child support amount must be verified but cannot be used as verification of the actual child support payment. The actual child support paid must also be verified. Legally obligated payments made to a third party on behalf of the non-household member are also allowed as a deduction. The payment must be a legal obligation and verification of the order and the amount must be obtained. Examples of third-party payments are rent payments paid to a landlord, payments of health insurance premiums, etc.
BUDGETING CHILD SUPPORT EXPENSE:
The eligibility staff member must review and evaluate the payment history of the household member with the expense to determine the prospectively budgeted amount.
If the individual has paid several monthly payments, an average of the past months' payments can be used to prospectively budget if anticipated to be the same for the prospective period. If the individual does not have a stable payment history, the prospected amount is based on the amount the individual anticipates paying until a stable history can be determined. If payments are paid by garnishment of wages and the individual is paid weekly or bi-weekly, the deduction
amount can be determined by using the factoring method. Likewise, if the garnishment is from wages paid monthly and there is no payment history, the deduction amount can be determined by using the rate/unit/frequency. If the household pays a legally obligated child support payment in advance, the child support expense could be averaged over the period it is intended to cover if the household chooses this method of budgeting.
Child support taken from tax intercepts is not allowed as a deduction.
Effective Date: October 1, 2025
SNAP 602-3 ELIGIBILITY AND BENEFIT DETERMINATION Deductions-Medical Supersedes: SNAP 602-3 (03/21/2022) Reference: 7 CFR 273.9(d)(1) through (6), 7 CFR 273.10(d) Overview: Elderly or disabled household members are eligible for a medical deduction for their total medical expenses minus any amount payable by a third party, such as health insurance, exceeding $35 per month per household. NOTE: The medical expense deduction is not available to an elderly or disabled household member who is an ineligible alien or SSN disqualified. The elderly medical deduction begins the month of the individual’s 60th birthday. HOUSEHOLDS ELIGIBLE FOR THE DEDUCTION: • Elderly - households with an elderly (age 60 or older) member. An individual is considered elderly the month of the individual’s 60th birthday. • Disabled - households with a disabled member (SNAP 0-4). • Deceased - households with a legal obligation to pay medical expenses for deceased individuals who met the definition of elderly or disabled prior to dying and were SNAP household members at the time of death or time they entered a medical facility prior to death in the facility. • Recent Absence - households with a legal obligation to pay medical expenses for an elderly or a disabled individual who was a household member immediately prior to entering a hospital or nursing home. INDIVIDUALS NOT ELIGIBLE FOR DEDUCTION: A spouse or other persons receiving benefits as a dependent of the SSI or SSDI recipient are not eligible for the medical expense deduction. REPORT AND VERIFY AT APPLICATION AND RECERTIFICATION: Households are required to report and verify the amount of medical expenses (including the total of reimbursements) at every application and recertification. The eligibility staff member should reasonably attempt to verify information with a collateral contact when documentary evidence cannot be obtained or is insufficient to make a determination of the
deduction amount. The eligibility staff member must wait until an expense or verification of third-party payment is provided if the obligated amount is still questionable. The eligibility staff member must document in case notes the medical expenses allowed for the deduction. CHANGES IN MEDICAL EXPENSES: A household may report changes in medical expenses during its certification period. The eligibility staff member is required to take an action on the change according to the household’s reporting requirements within 10 calendar days (SNAP 1501-1). The household must be allowed 10 calendar days from the date the verification is requested to provide verification of the reported change. The notice must also inform the household if verification is not provided within 10 days of the request, the medical expense will not be allowed. Cash Option Not Paid: If Medicaid closes anytime during the certification/ recertification period because the household did not pay cash option, the cash option expense is removed as the expense is no longer being incurred; the information is verified upon receipt and does not require the household to provide verification. The previously reported and verified medical expenses are used to determine the medical expense deduction. Do not remove the unpaid cash option amount at simplified report or recertification unless the medically needy Medicaid case has closed. Medical expenses submitted to meet a spend-down are treated as a reported change. The eligibility staff member must evaluate the medical expense deduction each time a new bill or co-payment is received. The eligibility staff member must document in case notes specific information about the change in the medical expense reported including the date of service or prescription, date expense was reported and the expense amount, even if the change reported does not change the benefit amount. ALLOWABLE MEDICAL EXPENSE: A medical expense can only be allowed once as a medical deduction. Medical expenses are allowed when they become due. Medical expenses carried forward from past billing periods are not allowed even if they are included with the most recent billing and actually paid by the household. Once an expense becomes past due, it remains past due. However, see the section below for expenses not considered ‘past due’, for example, installments, averaged over period of intended use, and averaged over period until next recertification. The eligibility staff member can use the expense for the next regular issuance if the household reported the change within 30 days of being billed. If the expense was not reported within 30 days of billing, it is not allowed unless it meets one of the exceptions. See the section below for expenses not considered ‘past due’, for example, installments, averaged over period of intended use, averaged over period until next recertification. NOTE: An expense is considered 'past due' 30 days after the billing date. 'Past due' means the payment is overdue to the provider not overdue at the time of application or recertification.
Medical expenses pending verification of third-party reimbursement are not considered 'past due' until 30 days after the household's receipt of verification of their obligated portion after third party payment. The following expenses are not considered 'past due': 1. One-time medical expenses averaged over the period until the next recertification (e.g., bill for gall bladder surgery). 2. Expenses paid on an installment plan; and, 3. Expenses averaged over the period of intended use (e.g., bill for quarterly health insurance). Intent to pay is not considered when allowing a medical expense. Even if a household states it will not be paying a medical expense, it is used as a medical deduction. If the household states an intention for someone else to pay the medical expense, the expense is being reimbursed and is not allowed as a deduction. Third party payments, such as health insurance payment to providers, are also known as reimbursements. Any medical expense covered by a third party cannot be allowed as a deduction. The non-reimbursable portion of the expense is allowed as a deduction at the time the amount of the reimbursement is received or can be verified. A deduction cannot be allowed until it is verified (e.g., a health insurance policy and a collateral contact confirm the exact obligated amount is the $100 deductible) regardless of the time it takes for the reimbursement. If a household has a deductible before the insurance pays any expenses, the household is allowed the expenses up to the deductible amount regardless of whether it has been paid or met. For example, if a household has a $1000 deductible, they have not met at all, and a $300 medical expense, they are allowed the $300 medical expense. This is because the household is responsible for all medical expenses up to the deductible amount. In addition, if it is verified the insurance company only pays a certain percentage of expenses in excess of the deductible (e.g., co-insurance), the eligibility staff member anticipates expenses and allows the percentage the household is responsible for paying. So, if a household has a $1000 deductible, $1200 in medical expenses and a 30% co-insurance after the deductible, then they would be responsible for paying $1,060 and this would be the allowable medical expense. A household choosing the 'Medically Needy Cash Option' to meet its spend-down is considered to have incurred and paid that amount of medical expenses. Fiscal authorization is not required prior to allowing the deduction. NOTE: The amount of the cash option expense anticipated to be incurred after all recurring monthly medical expenses are averaged continues as long as the household anticipates paying the expense. BUDGETING THE EXPENSE: Households reporting one-time only medical expenses may choose to: 1. Have a one-time expense; or
2. Average the expense over the remaining months until recertification. NOTE: Households certified for 24 months that report a one-time medical expense during the first 12 months have the following options: a. Deducting the expense for one month. b. Averaging it over the remainder of the first 12 months of the certification period; or c. Averaging the expense over the remaining months in the certification period. Table of Allowable Medical Expenses: Medical Bill Allowable for SNAP Expense Medical Marijuana No. CBD Oils and CBD products Possibly. The following criteria must be met: 1. The cannabis product is an FDA-approved drug prescribed by a licensed healthcare provider. As of 03/01/2022, the only FDA approved cannabis-derived drug is Epidiolex (Cannabidiol), which is a treatment for two rare types of Epilepsy.
2. State agency allows the cannabis product (CBD Oil) as a medical expense if the household presents verification that a State Licensed practitioner or qualified health professional has: a. Approved or prescribed the product b. And certified that the product contains THC in an amount that does not exceed 0.3 percent on a dry weight basis. Both a. and b. must be verified and case noted to be allowed as a Medical Expense.
Past due obligations No Special diets No. Items that can be purchased with SNAP benefits cannot be allowed as a medical expense. There is no exception for tube feeding. Dental and medical care including psychotherapy and rehabilitation services. Yes, if provided by a licensed practitioner authorized by State law or other qualified health professional. Costs reimbursable or paid by a third party. No. Prescriptions, over-the-counter drugs, medical supplies, sick room equipment (including rental) or other equipment. Yes. Each must be prescribed OR approved by a State-licensed healthcare practitioner or professional. Prescription or any approval document is acceptable verification. Vitamins and supplements cannot be bought with SNAP, so if prescribed or approved by a licensed healthcare practitioner, they could be allowable expenses. In general, eligibility staff do not evaluate whether what is prescribed is appropriate for the individual’s medical condition, only that it is prescribed or approved by a State-licensed practitioner or qualified healthcare professional. Postage for mail-prescription drugs. Yes Medicare premiums Yes, unless paid by a third party (QMB, SLMB or QI). The month after QMB approval the Medicare premium expense cannot be given. The month of SLMB or QI approval the expense is not allowed. Health, hospitalization, and ambulance insurance policy premiums. Yes, only the portion of the premium assigned to the elderly or disabled household member. If the policy does not state the amount of the premium for each insured individual, the premium is prorated among the insured
Medical Bill Allowable for SNAP Expense household members. Only the prorated amount for the eligible member is considered a deduction. Dentures, hearing aids and prosthetics. Yes Costs of attendant, homemaker, home health aide, childcare or housekeeper services necessary because of age, infirmity or illness. Yes, if the service is provided by someone outside the SNAP household. If the household provides the majority of the attendant’s meals, also deduct an amount equal to the one-person benefit allotment: amount paid to individual PLUS an amount equal to the one-person benefit allotment = the total allowable deduction. If the attendant care costs qualify under both the medical and dependent care deduction, the costs may be deducted as a medical expense or a dependent care expense, but not both. Medicaid co-payments Yes, generally the best estimate for co-payments is to anticipate for initial months and average for ongoing eligibility. Cancer or other specialized insurance policy costs. Yes, if the policy itself states the monies are intended to be used to cover medical expenses. If the policy pays personal debt (car loan, mortgage etc.), the premium is not an allowable expense. Prescription for home meal delivery service. No, generally payable with SNAP benefits. Loan payments for medical debt. Yes, including medical expenses charged to a credit card. The interest or late fees are not allowed as part of the deduction. Prescription to buy exercise equipment or get exercise at a health club. No, club membership or purchase of equipment is not allowed. The services of a medical provider such as a physical therapist would be allowed. Acupuncture Yes Chiropractor Yes Reasonable costs of transportation and lodging to obtain medical treatment or services; including, the cost of a trip to a pharmacy or other location to fill a prescription for medicine, dentures, a hearing aid, eyeglasses, etc. Yes, all costs must be verified and not exceed current lodging reimbursement rates for state employees and Medicaid travel costs for transportation. Meals are not an allowable expense.
Reminder: expenses being reimbursed are not allowed as a deduction. If Medicaid travel will reimburse the expense, it cannot be allowed for SNAP. Prescription eyeglasses or contacts Yes, if prescribed by an ophthalmologist or by an optometrist. Securing and maintaining 'service animals' such as seeing eye dogs, hearing guide dogs and monkeys specially trained to provide a service to the disabled. Yes, in addition to the initial purchase of the animal, animal food and veterinary bills are also allowed as a deduction. Hospitalization or outpatient treatment, nursing care, and nursing home care. Yes, including payments by the household for an individual who was a household member immediately prior to entering a hospital or nursing home. Only medical costs are allowed. The cost of room and board is not allowed. Current cash option payments made to meet a spend-down obligation of Medicaid recipients Yes, if the household anticipates paying the cash option. Medic Alert System, Life Line or other home monitoring system. Yes, as follows: The basic fee for the telephone is a utility expense; and,
Medical Bill Allowable for SNAP Expense The additional expense for the medic alert system is an allowable medical expense. Fee for membership in a mail- order prescription drug company. No. The fee is not insurance, and the fee does not actually pay for the drugs, treatment, or other specified medical expenses.
Effective Date: August 10, 2022
SNAP 602-4 ELIGIBILITY AND BENEFIT DETERMINATION Shelter Deductions
Supersedes: SNAP 602-4 (10/01/2024) Reference: 7 CFR 273.9(d)(6); 7 CFR 273.10(e) Overview: A shelter deduction is based on shelter expenses anticipated to be incurred by the household. Homeless Standard Shelter Deduction As required by the Agriculture Improvement Act of 2018, households in which all members are homeless may be allowed a standard shelter deduction. This deduction will be updated by 09/01 each year. To receive the deduction, the household must incur some shelter expense (shelter expense and/or utility expense). Households that receive the homeless standard shelter deduction are not entitled to the Standard Utility Allowance since the homeless standard shelter deduction already includes both shelter and utility costs. The household may choose to use actual expenses instead of the homeless standard deduction if they believe their actual costs are higher and are verified. Households who use actual shelter expenses are eligible for utility deductions. Households that are provided free housing and utilities, or who work for their shelter, are not allowed the homeless standard shelter deduction. A person is considered homeless when he or she lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is any of the following: 1. A supervised shelter designed to provide temporary housing. 2. A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized. 3. Temporary housing in the residence of another individual for not more than 90 days
4. A place not designed for, or ordinarily used as a regular sleeping place for human beings. Homeless households may submit verification of shelter expenses to qualify for the homeless standard deduction, but it is not required. There is no minimum acceptable shelter expense for homeless households. If the household has shelter costs exceeding the homeless standard deduction and opts to use the Excess Shelter Expense, they must verify the expense. The homeless standard shelter deduction must be subtracted from net income in determining eligibility and allotments for the household. A household receiving the homeless standard shelter deduction cannot have its shelter expenses considered under normal processing guidelines (SNAP budget will not include the homeless standard deduction and the actual amount of shelter expense.). Again, a homeless household may choose to claim actual costs if they those actual costs are higher than the homeless standard shelter deduction and are verified. Shelter Expense Deduction for Non-Homeless Households Shelter expenses are determined by using the most recent month's expenses unless the household is reasonably certain a change will occur. Shelter expenses, including utilities, must be verified. If the client reports shelter expenses but doesn’t provide verification of the rent/mortgage/other allowable non-utility shelter expenses, the eligibility staff member must request this information in the Request for Verifications notice. If a household reports a change of address but doesn’t include verification of the new shelter expense, the eligibility staff member must send a Request for Verification. If the client doesn’t provide the verification in 10 days, the shelter expenses will be removed from the case with timely notice of adverse action. Benefits are not terminated for not verifying expenses. SHELTER COST CAP: A shelter deduction is allowed for monthly shelter expenses that exceed 50% of the household's income after all other allowable deductions. The shelter deduction amount is capped each fiscal year. This amount will be updated every year by 09/01. EXCEPTION: There is not a capped shelter deduction for a household with an elderly or disabled member. A household with an elderly or disabled member receives a shelter deduction for the full monthly amount that exceeds 50% of the household's monthly income after all other expenses are deducted. NOTE: A household is subject to the shelter cap when the only elderly or disabled member is an ineligible alien or SSN disqualified or ineligible or disqualified for another reason. SHELTER EXPENSE GUIDELINES: The following are guidelines for all allowable shelter expenses: 1. Shelter costs must be payable in cash to someone outside the SNAP household.
2. Shelter costs are deducted ONLY in the month they become due regardless of when they are paid. 3. Households may elect to have fluctuating expenses or those billed less often than monthly averaged. a. One-time expenses (e.g., repair of a furnace after a natural disaster): average the expense over the months in the current certification period. These expenses cannot be averaged over any month past the next recertification. b. Expenses billed less often than monthly (e.g., quarterly insurance and/or property taxes): average over the interval between billings or over the period it is intended to cover regardless of the length of time until the next recertification. These expenses can be extended past the recertification date. 4. Expenses billed or due weekly or biweekly are factored. 5. If a household lives with and shares a utility expense with another individual, another household, or both, the standard for such households will not be prorated. The utility expense is not prorated if all the individuals who share utility expenses but are not in the SNAP household are excluded from the household only because they are ineligible. 6. Shelter and utility expenses paid by a household member who has an intentional program violation, felony drug conviction not in compliance with probation or fleeing felon disqualification, or is ineligible due to work registration, job quit or reduced hours, are allowed in computing the shelter deduction. 7. Non-utility shelter expenses paid by a household member who is an ineligible alien, ineligible ABAWD, or SSN ineligible are prorated evenly among all household members. The shelter expenses except the ineligible member’s share are allowed in computing the shelter deduction. 8. If the non-utility shelter expenses are shared with a non-household member, then the amount that the household actually pays is used as the deduction. If the payments or contributions cannot be differentiated, the expenses shall be prorated evenly among persons paying or contributing to the expense and only the household’s pro rata share deducted. ALLOWABLE SHELTER COSTS: The obligated amount of allowable shelter costs is used as an expense deduction. The monthly obligated amount of mortgage/rent is allowed each month when determining the shelter deduction without regard to when or if it is actually paid. Separate households residing in the same residence are allowed the actual amount of rent they are billed as a shelter deduction. When households reside together and neither household owns the residence, a rent payment made from one household to another is exempt as pass-through shelter payment up to the full amount of rent billed. If the payment is more than the full rent charged for the residence, the excess payment is unearned income to the household receiving the payment.
If separate households are residing in the same residence and one of the households owns the residence, any money paid to the property owner is rental income. See Policy 501-1 “Rental Income”. Allowable shelter costs include: 1. Continuing charges for the shelter occupied by the household, including rent, mortgage, condo and association fees. Any fees that have a specific, separately identifiable dollar amount are not considered countable expenses. However, if these fees are included in the rent and cannot be separated from it, the entire rent amount is counted. Also allow other continuing charges leading to the ownership of the shelter such as loan repayments for the purchase of a mobile home, including interest on such payments. Shelter expenses should be verified at Application and Recertification. 2. Mortgage or other continuing charges leading to ownership of the shelter occupied by the household (e.g., loan repayments including interest for the purchase of a mobile home and condominium fees in their entirety). Mortgage expenses should be verified at Application and Recertification. 3. Payments on home equity loans, home equity lines of credit or other forms of second mortgages that the home property is used as collateral. These expenses should be verified at Application and Recertification. 4. Property taxes, state, and local assessments. NOTE: Mandatory fees on a property tax bill, such as for garbage, are allowable as a part of the property tax deduction. Late fees and subsequent interest are not countable. These expenses should be verified at Application and Recertification. 5. Homeowner’s insurance on the structure only. Costs for insuring furniture or personal belongings are not allowed if the insurance policy separates structure and content costs. The entire premium amount is allowed if the insurance policy does not separate structure and content costs. NOTE: Mandatory fees for installment payments are allowed (e.g., $2.03/month extra for homeowner's insurance if paid monthly instead of annually). Renter's insurance is not an allowable expense. These expenses should be verified at Application and Recertification. 6. Charges for repair of a home substantially damaged or destroyed due to a natural disaster such as a fire or flood. The costs do not include charges for the repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or other sources. 7. RVs, campers, and other vehicles: Payments and continuing charges leading to the ownership of RVs, campers, cars, etc. are allowable provided that the RV, camper, or car serves as the household’s primary residence. We must verify that it is the primary residence. Insurance related to these vehicles and campers is also allowable. Vehicle registration fees, tags, etc. are NOT allowable expenses in these situations. The cost of gasoline to operate/drive the vehicle is not an allowable expense as it is unrelated to the shelter. If the RV, camper, or car is heated with propane or another separate fuel source, it can be used for the SUA.
8. Utility expenses. Households cannot claim actual utility expenses and are entitled to only one of the mandatory utility allowances (see below). These expenses should be verified at Application and Recertification. ACCEPTABLE FORMS OF VERIFICATION: 1. Current lease or landlord/tenant agreement. Valid leases should be no older than one year old. Verification of a client’s rent expense can come in many forms. The most common are lease agreements and Landlord/Tenant forms. However, any type of rent verification can be accepted, even rent receipts, if that verification is: 1) completed by a third party, and 2) includes all of the following information: • Name and address of all tenants • Amount of monthly obligated rent • Indication of whether the rent is subsidized or not • How utilities are paid (i.e., included in rent, flat rate, separate, etc.) • Contact information and signature of the landlord 2. Month to month leases or agreements should always be verified with collateral contact with landlord at time of Application and Recertification. This includes 12-month leases that transition into month-to-month agreements at the end of 12 months.
If the client submits verification of their rent expense that meets the above criteria, this would be an acceptable form of verification and used to establish an appropriate SNAP deduction. 3. Mortgage statement from the last 30 days. 4. Current tax bills (these may be found online on the County Treasurer’s website). 5. LIHEAP interface. 6. Power, water, garbage, phone bills from last 30 days. 7. Collateral contacts. SPECIAL CIRCUMSTANCES: 1. Moving - if a household reports moving during the month and submits one set of bills from the previous address and one set of bills from the current address, the expenses from both locations that are due in the benefit month are allowed as expenses. NOTE: Only one mandatory utility allowance for both homes is allowed as an expense. 2. Unoccupied home - the shelter costs for the home if temporarily unoccupied by the household because of employment or training away from home, illness, or abandonment caused by a natural disaster or casualty loss. The household may claim both the shelter costs of its current residence and the costs of the unoccupied home as deductions. The maximum shelter deduction applies. All of the following criteria must be met for costs of an unoccupied home to be included in the household's shelter costs: a. The household must intend to return to the home;
b. The current occupants of the home, if any, must not be claiming the shelter costs for SNAP purposes; and, c. The home must not be leased or rented during the household's absence. NOTE: Only one mandatory utility allowance for both homes is allowed. 3. Two occupied homes - sometimes a member of a household occupies and incurs out-of- pocket expenses for two homes because of employment or training away from home, or illness. Expenses are allowed for both residences (e.g., a spouse works as a traveling salesman and returns home each weekend, the cost of rent or motels while on the road is allowed as a shelter expense). NOTE: Only one mandatory utility allowance for both homes is allowed. 4. Group home residents - (SNAP 201-6). SHELTER EXPENSES NOT ALLOWED: The following shelter expenses are not allowed as a deduction: 1. Past due bills or amounts carried forward. 2. Late fees. 3. Renter’s insurance, as it does not cover the rented structure or dwelling where the tenant lives. 4. Costs associated with cutting wood for heat such as cutting permits, gas for a chain saw and truck, or equipment like a chain saw. 5. Expenses paid by vendor payment unless the vendor payment is counted as income. 6. Costs that will be reimbursed. LIHEAP is not a reimbursement. HUD or FMHA utility reimbursements are examples of reimbursed costs that are not allowed as a shelter deduction. 7. One-time deposits. 8. Closing costs are not allowable expenses. Itemized allowable closing costs such as homeowner's insurance and property taxes are allowed as expenses. 9. Payments for prior months as an expense for the current benefit month; and, 10. In-kind benefits are benefits that no monetary payment is made on behalf of the household. 11. Costs associated with internet service or setup. MANDATORY UTILITY ALLOWANCE: Households cannot claim actual utility expenses and are entitled to only one of the mandatory utility allowances or the telephone allowance (as listed below). The household is allowed a mandatory utility allowance if the household is obligated to pay for heating, cooling, cooking fuel, electricity, water, sewage, garbage, or telephone expenses including charges for initial installation of the utility. NOTE: Cooling costs are electricity expenses required to operate a swamp cooler or air conditioner (window or central unit) and do not include window fans. Space heaters do not entitle households to the SUA unless it is their primary source of heat.
If two or more separate households live together and each pays a utility expense, each household is entitled to the same full appropriate utility allowance, such as the SUA, regardless of how the expenses are divided between the households. The utility allowance is not prorated. If one household pays all of the utility expenses and the other household pays none, only the household paying the expenses is entitled to the appropriate utility allowance as an expense. STANDARD UTILITY ALLOWANCE (SUA): The SUA is a $799.00 utility expense and is available to the following households: 1. Households incurring heating or cooling expenses separately from their rent or mortgage including any households charged only for excess heating/cooling costs if the household pays or is anticipated to pay excess heating/cooling costs for any one month. 2. Households containing an elderly (60 or older) or a disabled member and receiving a benefit greater than $20 annually from the Low-Income Home Energy Assistance Program (LIHEAP) or in other similar energy assistance benefits in the current month or in the immediately preceding 12 months; the LIHEAP payment does not have to be for the household’s current address. The household must have received payment (or had a payment made on its behalf); intention to apply or application for (but not approval of) the LIHEAP benefit does not meet the requirement to be eligible for the SUA. LIHEAP certifications run from 10/01 through 09/30 of the following year. 3. Households in private/public rental housing who incur heating/cooling costs and are billed by their landlords based on individual usage or who are charged a flat rate separately from their rent. 4. Households containing an elderly (60 or older) or a disabled member and receiving direct or indirect energy assistance that is excluded from income consideration (other than that provided under the LIHEAA) only if the amount of the expense exceeds the amount of the assistance, and the expense is for heating/cooling costs. NOTE: The eligibility staff member must thoroughly document their decision whether the SUA was or was not allowed as shelter expense. The eligibility staff member uses past utility information when it is an indication of what is expected in the future. If the household's average utility costs exceed the HUD energy assistance and it is anticipated the same will most likely recur, the household is allowed the SUA. If the past utility information leads the eligibility staff member to believe that the same will not occur, such as HUD expects to provide more assistance and the household expects less utility expenses, the SUA is not allowed. 5. Households containing an elderly (60 or older) or a disabled member and receiving direct or indirect energy assistance that is counted as income and incur a heating or cooling expense. LIMITED UTILITY ALLOWANCE (LUA): LUA is a $267.00 utility expense and is available to households not entitled to the SUA but they incur at least two non-heating/cooling utilities, such as electricity, water, sewer, garbage, or telephone including a cell phone if that is the only telephone used in the home. ONE UTILITY ALLOWANCE (OUA):
OUA is a $116.00 utility expense and is available to households incurring only one non- heating/cooling utility such as electricity, water, sewer, or garbage and the household does not incur telephone costs. TELEPHONE ALLOWANCE: The telephone allowance is a $34.00 utility expense and is available to households incurring telephone costs only. The household must incur the basic service fee for one telephone to be entitled to the telephone standard. The household is allowed the expenses for a cellular phone if that is the only telephone used in the home and the cost is associated with a specific device. A contract for service is not required. NOTE: If the household is self-employed and claims the cell phone as a business expense, it cannot also claim the phone as a utility expense. Effective Date: October 1, 2025
SNAP 602-5 ELIGIBILITY AND BENEFITS DETERMINATION Non-Compliance Adjustments
Supersedes: SNAP 602-5 (11/01/2015) Reference: 7 CFR 273.11(j) Overview: When benefits are reduced under a federal, state, or local means-tested public assistance program because a SNAP household member did not perform an action required under the assistance program or for fraud, the household's SNAP benefits cannot be increased. Means-tested programs include: TANF Cash Assistance, Tribal TANF or BIA Tribal Assistance. WHEN TO APPLY ADJUSTMENT: The non-compliance adjustment (NCA) is only applicable when the household member who committed the non-compliance was also receiving the other assistance program's benefit at the time of the non-compliance. The non-compliance must meet one of the following: 1. A behavioral requirement in the assistance program designed to improve the well-being of the family, such as participating in job search activities. For example, failure to comply with the TANF Pathways Employability Plan (EP) resulting in a sanction; or, 2. The means-tested program is reduced due to repayment of the assistance grant as a result of not taking a required action other than a procedural requirement (see #3 under “When Not to Apply Adjustment” below) of the other assistance program. NOTE: The non-compliance adjustment is applied when there is a TANF disqualification for an Intentional Program Violation (IPV). WHEN NOT TO APPLY ADJUSTMENT: The non-compliance adjustment is not applied when: 1. The non-compliance occurs at initial application or when a new household member is added. EXCEPTION: If the new household member is serving a
sanction that was imposed while certified to receive SNAP benefits and the other assistance program's benefits, the non-compliance adjustment is applied to the new household; or, if the new member has a repayment due to not taking a required action (other than a procedural requirement) that will reduce the household's current grant amount, the gross assistance grant amount must be used in the SNAP budget. 2. The disqualification is not a result of non-compliance with the assistance program requirements, e.g., probation/parole violation or ineligible alien, etc. 3. The disqualification is due to a procedural requirement, such as submitting a program form or providing verification that an individual must take to continue receiving benefits in the assistance program. NON-COMPLIANCE ADJUSTMENT FOR PROGRAM DISQUALIFICATION: The non-compliance adjustment amount for a program disqualification is the difference between the grant amount prior to the disqualification and the grant amount after the disqualification. NON-COMPLIANCE ADJUSTMENT FOR REPAYMENT: The following steps are taken to assure the correct SNAP benefit is issued when a means-tested assistance program payment is reduced (because of a repayment) for failure to take a required program action (other than a procedural requirement): 1. Determine what caused the repayment. a. For Tribal TANF, or BIA Tribal Assistance, contact the appropriate agency to determine if the repayment is due to failure to comply with a program requirement (other than a procedural requirement); if so, enter the gross assistance payment amount in the unearned income screens. 2. Document case notes with what actions were taken and why. 3. Ensure the appropriate notice is sent to the household. DURATION OF PROCESS FOR ADJUSTMENT: TANF, Tribal TANF or BIA Tribal Assistance grant reduced: a non-compliance adjustment continues as long as the assistance program grant is being reduced for a repayment caused by not taking a required action (other than a procedural requirement). Due to program disqualification: The non-compliance adjustment must continue as long as the program assistance case remains open and the individual remains disqualified due to a sanction. EXCEPTION: If the other assistance program's disqualification continues after closure, the non-compliance adjustment continues. For example, 1, 3, 6-month(s) ineligibility period due to TANF sanction. This includes the penalty period or closure due to a 1st TANF sanction. RE-APPLICATION DURING PENALTY PERIOD:
Apply the non-compliance adjustment at application if the household is serving a program disqualification and was receiving SNAP at the time the sanction with disqualification was imposed. Effective Date: August 10, 2022
SNAP 700 WORK REGISTRATION Overview
Supersedes: SNAP 700 (05/04/2023) Reference: 7 CFR 273.7, Food and Nutrition Act 7 U.S.C. 2015(d)(2) Overview: At application and recertification, the eligibility staff member must explain to the applicant/participant the consequences of a household member quitting a job, reducing hours of employment or failing to comply with other work registration requirements. As a condition of eligibility, the household must also cooperate in providing sufficient information regarding employment status and availability for work. Work Registration Requirements are included on the self-service portal application, paper application, and the recertification form. These forms indicate that when a responsible member of the household signs these, they are attesting to the registration of all mandatory registrants and acknowledging the work requirements for all mandatory registrants. REGISTRATION PROCESS: The signed application and recertification forms are the only verification needed to meet the requirement of registering for work. Unless otherwise exempt, all members of a SNAP household who are at least age 16 and not yet 60 are required to register for work. Work registration disqualifications also apply to individuals who lose their exempt status due to a violation (e.g., job quit or reduction in hours without good cause). Individuals who lose their exempt status must register for employment when the change is reported or at their next Recertification or Simplified Report if the change is not reported (SNAP 1501-1). Those persons who lose their exemption due to a change
in circumstances that is not subject to the reporting requirements must register for employment at the next Recertification or Simplified Report. SNAP E&T: In addition to the basic work registration requirement, in counties where there is SNAP Employment and Training (SNAP E&T), (Big Horn, Cascade, Deer Lodge, Fergus, Flathead, Gallatin, Golden Valley, Judith Basin, Lewis & Clark, Lincoln, Missoula, Musselshell, Petroleum, Ravalli, Silver Bow, Wheatland, and Yellowstone counties.), eligibility staff members may refer mandatory work registrants to SNAP E&T if the client elects to do so. Referrals for mandatory Work Registrants are not required. Able Bodied Adults Without Dependents (ABAWDS) who have time limited benefits may lose benefits by not fulfilling the work requirement (SNAP 801-1). NOTE: Once referred to SNAP E&T, the individual may choose not to participate. This may affect benefits of ABAWDS who do not have any exemptions to the ABAWD time limits. Effective Date: June 1, 2025
SNAP 701-1 WORK REGISTRATION EXEMPTIONS
Supersedes: SNAP 701-1 (07/11/2024) Reference: 7 CFR 273.7 Overview: Individuals who meet one of the exemptions in the section below are exempt from all components of the work requirements. These components are: 1. Voluntary Reduction of Work Hours 2. Voluntary Quit of a Job 3. Refusing to provide sufficient information to determine an individual’s work requirement status. 4. Employment and Training (E&T) Requirements
NOTE: Households which are categorically eligible for SNAP are not automatically exempt from work registration. Also, living in a geographically ABAWD (Able Bodied Adult Without Dependents) exempt area does not automatically exempt an individual from work registration.
EXEMPTIONS: Individuals who meet one of the following exemptions are exempt from all work requirements. 1. Individuals younger than 16 years of age or an individual 60 years of age or older. If an individual reaches his/her 16th birthday within the certification period they will register as part of the next scheduled recertification process, unless otherwise exempt. 2. Individuals aged 16 or 17 are exempt if they are: a. Not the head of household; or b. Attending school on at least a half time basis; or c. Enrolled in an employment training program on at least a half-time basis as defined by the institution.
3. A student who is enrolled at least half-time in any recognized school, training program or institution of higher education, who also meets the eligibility requirements as an eligible student (SNAP 201-5). The student exemption continues through normal periods of class attendance, vacation, and recesses. If the student graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not register for the next normal term (excluding summer), the exemption ends, and the student must register for work unless the individual qualifies for another exemption.
DEFINITIONS: “Half-time”- as defined by the school or training program. If the institution does not have a definition use prudent judgement and clearly document the basis for decision in case notes. “Recognized” - any school or training program approved, funded, or operated by a federal agency or accredited by the state is considered recognized for the purpose of establishing an exemption.
4. Physically or mentally unfit for employment. If mental or physical unfitness is claimed but not evident (visible during interview or previous documentation of ongoing unfitness), verification may be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist. Physically or mentally unfit also includes individuals in receipt of VA disability compensation regardless of the individual’s disability percentage. However, while a veteran may be exempt from work registration based on physical or mental unfitness, that does not necessarily entitle the individual to the excess medical and shelter deduction. Therefore, eligibility staff needs to refer to the disability policy in the manual when determining whether to enter the disability in the disability screen in CHIMES indicating that the individual is a “disabled member.” 5. Individuals with a current application pending with the Social Security Office. If SSI has been denied but SSDI is still being considered, the exemption will need to be determined based on the conditions in number 4 above. Exemption from the SNAP work requirement will be reevaluated if someone is determined ineligible for SSI. 6. Individuals approved by the Social Security Administration for disability payments, either SSI or SSDI. 7. An individual who is employed or self-employed and working at least 30 hours weekly or receiving weekly earnings equal to or greater than the federal minimum wage multiplied by 30 hours. This includes self-employed or contract persons who would be certified for one year when the county determines that the employment constitutes a full-time job. This also includes migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days (although this shall not prevent individuals from seeking additional service from Job Service). For persons receiving a training wage, the training wage will be substituted for
the applicable Federal or State minimum wage when determining if these persons are exempt from work registration. NOTE: For individuals hired under contract, view the contract to determine the anticipated number of weeks the individual will be working in the position. Then determine the number of hours per week to evaluate if this exemption applies. 8. A parent or a household member who is caring for a dependent child under six years of age or an incapacitated person, even if the child or incapacitated person is not part of the SNAP filing unit. If the child has their 6th birthday during a certification period, 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. Additionally, the dependent child or incapacitated person need not live with the SNAP household. However, the exemption would not apply to the parent or household member if the dependent or incapacitated person is residing with another household and that household is providing the care. If the eligibility staff member questions this exemption, medical documentation of need may be requested. Only one adult can claim responsibility for one child for an exemption. If the household contains two adults and one child, only one adult can claim the exemption. If the household contains two adults and two children, each adult could claim an exemption. 9. Individuals complying with the requirements for TANF Cash Assistance or participation in an Individual Family Plan (IFP) for Tribal TANF cash assistance. 10. Individuals who are regular participants in a drug addiction or alcoholic treatment and rehabilitation program. If the exemption is questionable, documentation may be requested. Regular participation does not require any minimum number of hours per week or months. Alcoholics and Narcotics Anonymous (AA and NA) do not qualify as alcohol/drug treatment programs for this policy. 11. Individuals subject to and complying with Unemployment Compensation system requirements, including one who has applied for, but has not yet begun to receive Unemployment Compensation. Individuals who have been denied unemployment but are in the appeals process and are complying with the requirements of unemployment are also considered exempt. Unemployment benefits must be verified with MUSE or hard copy verification from another state’s UI department. Verification of UI benefits/status should be case noted and uploaded to Perceptive. 12. Refugees verified to be participating in the Matching Grant Employment and Training Program, administered by the International Rescue Committee (IRC- based in Missoula) or the Montana Refugee Employment and Training Program administered by MT DPHHS (RSS) Contractors. Participation must be verified to receive the Work Registration exemption. LOSS OF EXEMPT STATUS: Household members who have been exempt from work registration may lose their exempt status due to changes in the circumstances of the household or of the individual member. Some changes must be reported under change reporting requirements (SNAP 1501-1). If a
change is reported and it results in a person losing a work registration exemption, the person must register at the time the change is acted upon. If the change is not required to be reported, the person must register at the next recertification. Changes in circumstance that would require a previously exempt member to register for employment include, but are not limited to: 1. Loss of employment, change in hours, or change in earnings. 2. The sole dependent child leaves home; or, 3. Sanction from TANF Cash Assistance or Tribal TANF due to non-compliance. Effective Date: October 1, 2025
SNAP 702-2 WORK REGISTRATION SNAP E&T Referrals
Supersedes: SNAP 702-2 (04/18/2024) Reference: 7 CFR 273.7, 7 CFR 273.24, Food and Nutrition Act 7 U.S.C. 2015(d)(2) Overview: ****PLEASE REFER TO THE “SNAP EMPLOYMENT AND TRAINING REFERRAL” BUSINESS PROCESS IN THE PAUG**** The Supplemental Nutrition Assistance Employment and Training Program (SNAP E&T) is available in Big Horn, Cascade, Deer Lodge, Fergus, Flathead, Gallatin, Golden Valley, Judith Basin, Lewis & Clark, Lincoln, Missoula, Musselshell, Petroleum, Ravalli, Silver Bow, Wheatland, and Yellowstone counties. SNAP recipients without work registration exemptions (SNAP 701-1) who are living in one of these counties can be referred to SNAP E&T once SNAP eligibility has been determined. Please refer to the Business Process for these actions. Able Bodied Adults Without Dependents (ABAWDS) who are subject to the three-month time limit (SNAP 800) will be exempt from the time limit while they are participating in qualifying components of the SNAP E&T program or meeting the work requirement. All ABAWDS without another exemption (SNAP 801-1) from the time limit will be referred to SNAP E&T and given the opportunity to engage in qualifying SNAP E&T components. If they choose not to attend SNAP E&T and they have no other exemption and they do not meet the work requirements in another way, they will be limited to receiving three
months of SNAP benefits in a 36-month period (SNAP 800). The eligibility staff member will inform every ABAWD of the SNAP time limited benefits provision. NOTE: SNAP recipients with work registration exemptions (other than receiving TANF cash) who request a referral to SNAP E&T may receive one. SNAP E&T will determine what services, if any, are appropriate for the individual. Referrals to other agencies may be made by SNAP E&T. SCREENING Eligibility Workers will actively screen participants based on the following criteria for the participant to receive a referral:
· SNAP recipients that reside in counties with a SNAP E&T program. · Ready and able to work. · Unemployed or underemployed · Needs to enhance soft skills to secure unsubsidized employment. · Interested in participating in SNAP E&T. · Could use support to obtain employment. · Have a business idea and need in their community. · Need work experience. · Has not completed high school/HiSET. · Need vocational training (CDL, CNA, CMA, computer, phlebotomy, etc.…) · Apprenticeship (Electrician, HVAC, Plumbing, etc...)
****PLEASE REFER TO THE “SNAP EMPLOYMENT AND TRAINING REFERRAL” BUSINESS PROCESS IN THE PAUG****
REFERRALS SNAP participants that have a new application that has not yet been approved are not eligible to be referred to or participate in SNAP Employment and Training. However, Eligibility Workers need to inform SNAP applicants of the SNAP E&T program and participant reimbursement. Once approved for ongoing SNAP benefits, participants may be referred to the SNAP E&T program. Expedited participants should not be referred until ongoing benefits have been authorized. SNAP participants that have closed or denied cases are not eligible to participate in the SNAP Employment and Training Program. The eligibility staff member will send the referral using the SNAP E&T referral Business Process. Other referrals may be placed on a waiting list if SNAP E&T reaches maximum
capacity. SNAP recipients who decline to volunteer after their first referral, and who later want to participate, may be referred again. SNAP E&T will send the Employment and Training Participant Status Form (DPHHS- HCS/SNAP-010) to the Centralized Scanning Unit when an ABAWD participant is participating in a qualifying component and/or is no longer participating in a qualifying component in the SNAP E&T program. When the form is scanned into the Data Management System (Perceptive) a task/alert will be set for the eligibility staff member to make the appropriate updates in CHIMES. It is the responsibility of the household to follow reporting rules and notify OPA of changes. ****PLEASE REFER TO THE “SNAP EMPLOYMENT AND TRAINING REFERRAL” BUSINESS PROCESS IN THE PAUG**** EFFECTIVE DATE: June 1, 2025
SNAP 702-3 SNAP E&T PROVIDER DETERMINATIONS
Supersedes: SNAP 702-3 (04-25-2023) Reference: 7 CFR 273.7(c)(18), 7 CFR 273.24, Food Stamp Act Section 6 (D)(2)
When Maximus (Montana’s SNAP E&T provider) determines that a participant is unfit for the SNAP E&T Program, this is known as a provider determination. Maximus will notify eligibility staff when a participant has been determined not suited for SNAP E&T. Maximus will notify the OPA by submitting the Employment and Training Client Status Form (DPHHS-HCS/SNAP-010) to the OPA Scanning unit within 10 days from the date of determination was made. Maximus must include the reason for the provider determination on the form. When the OPA receives notification (DPHHS-HCS/SNAP-010) that an E&T participant has received a provider determination, and that individual is not exempt from the work requirement the eligibility worker must choose the most suitable action from the following options no later than the date of the individuals next recertification. If the individual with a provider determination requests action be taken sooner than the next recertification, the eligibility worker must take the most suitable action as soon as possible. 1. Refer the individual to an appropriate E&T component. The State agency may refer the individual to another E&T component; however, as a best practice the State agency should consider if an individual who has already received a provider determination is a good candidate for E&T.
2. Re-assess the individual’s mental and physical fitness. The eligibility worker must also re-assess the individual for other exemptions from the general work requirements, mandatory E&T, or the ABAWD work requirement, as applicable.
3. Refer the individual to an appropriate workforce partnership, if applicable. If the State agency has certified one or more workforce partnerships, the State agency may refer an individual to a workforce partnership if the individual so chooses.
The State agency must provide individuals with sufficient information about workforce partnerships to make an informed decision about participating. In the case of an ABAWD who has received a provider determination, the ABAWD will accrue countable months toward their three-month participation time limit the next full benefit month during which the eligibility staff notifies the ABAWD of the provider determination, unless ABAWD fulfills the work requirements or the ABAWD has good cause, lives in a waived area, or is otherwise exempt.
Effective Date: October 16, 2024
SNAP 703-1 WORK REGISTRATION Good Cause and Unsuitable Employment Supersedes: SNAP 703-1 and SNAP 704-1 (10/01/2009) Reference: 7 CFR 273.7, Food Stamp Act Section 6 (D)(2) Overview: The eligibility staff member is responsible for determining good cause when a SNAP recipient fails or refuses to comply with SNAP work requirements. The eligibility staff member must take into account the facts and circumstances, including information submitted by the employer and by the household member involved, in determining whether or not good cause exists. DETERMINATION OF VOLUNTARY REDUCTION IN HOURS: All of the following 3 conditions must occur in order for a reduction in work hours to result in a penalty: 1. The reduction must have occurred either: a. Applicant- within 30 days of the date of application. b. Recipient- while receiving SNAP. c. Upon learning of the reduction in work hours for a recipient individual who is subject to Simplified Reporting apply the penalty the month after the report allowing for ten-day notice. 2. There must be an actual voluntary reduction in work hours. The following are NOT considered a reduction in work hours: a. The individual is working at least 30 hours per week, and getting paid money, after the reduction in hours. b. The individual is working more than one job and the total hours from all jobs are the equivalent of at least 30 hours per week after the reduction. c. The individual is earning the equivalent of at least 30 hours per week at minimum wage after the reduction. d. The individual is working more than one job and the total earnings from all jobs are the equivalent of at least 30 hours at minimum wage after the reduction. e. Reducing self-employment hours or terminating self-employment. f. Changing from one job to another job that is comparable in hours or the equivalent of 30 hours at the federal minimum wage. g. Reducing work hours at the demand of an employer. The employer must verify the demand. 3. There was not good cause for the voluntary reduction. There is no penalty if there was good cause for reducing work hours. See section on Good Cause later in this policy.
DETERMINATION OF VOLUNTARY QUIT: All of the following 3 conditions must occur in order for a quit to result in a penalty: 1. The quit must have occurred either: a. Applicant- within 30 days of the date of application. b. Recipient- while receiving SNAP. 2. There must have been an actual voluntary quit. The following are NOT considered a quit: a. A reduction in hours is not a quit. b. Terminating self-employment is not a voluntary quit. c. If the former employer says the individual was fired, it was not a voluntary quit. Exceptions: i. If the individual was fired for not showing up for work it is considered a quit. ii. An employee of the Federal, State or local government who is on strike against his employer and is fired because of the strike has voluntarily quit without good cause. d. A change from one job to another job that is comparable in hours or salary is not a quit. e. Resigning from a job at the demand of an employer is not a quit. Verify the demand with the employer. 3. There was not good cause for the voluntary quit. There is no penalty if there was good cause for quitting. See section on good cause later in this policy. GOOD CAUSE FOR VOLUNTARY QUIT OR REDUCTION IN HOURS: Good cause determination will be based on the facts and circumstances, including information submitted by the household member involved and the employer. Good cause includes circumstances beyond the individual’s control. Reasons for good cause are listed below: 1. Illness of the individual or another household member requiring the presence of the individual in the home. 2. A household emergency. 3. The lack of adequate child care for children who have reached age 6 but are under age 12. 4. Discrimination by an employer based on age, race, sex, color, handicap, national origin, or religious or political beliefs. 5. Work demands or conditions that are not reasonable, such as working without being paid on schedule. 6. Accepting other employment or enrolling at least half-time in any recognized school training program or institution of higher education that requires the individual to leave employment. 7. 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 geographic area that requires the household to move and thereby requires the individual to leave employment. 8. Resignations by persons under the age of 60 which are recognized by the employer as retirement. 9. Leaving a job in connection with patterns of employment in which workers often move from one employer to another, such as migrant farm labor or construction work. 10. The job is not suitable as described below:
a. The wage offered is less than the highest of the applicable Federal minimum wage, the applicable State minimum wage, or eighty percent (80%) of the Federal minimum wage if neither the Federal nor State minimum wage is applicable. b. The employment offered is on a piece rate basis and the employee does not expect to earn the wage specified in item (a) above. 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. NOTE: An individual required to pay representation fees to the union but not required to actually join the union does not have good cause. (e.g., state or federal employees) d. The work offered is at a site subject to a strike or lockout at the time of the offer, unless the strike is declared unlawful by a court of law. e. The degree of risk to health and safety is not reasonable. f. The member is physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from another source. g. The daily, round trip, commute to the place of employment is more than two hours from the individual’s home. Do not include the time required to transport a child to and from day care in the daily commuting time. h. A move, which results in more than 2 hours commuting time from the job, is good cause for voluntary quit. i. The distance to the place of employment is too far to walk, and neither public nor private transportation is available to the job site. j. The working hours or nature of employment interferes with the individual's religious observances, convictions or beliefs. k. The employment offered within the first 30 days of registration is not in the individual's major field of experience. Effective Date: February 13, 2017
SNAP 705-1 WORK REGISTRATION Disqualification
Supersedes: SNAP Policy 705-1 (07/11/2023) Reference: 7 CFR 273.7 Overview: A nonexempt individual who refuses or fails without good cause to comply with the SNAP work requirements is ineligible to participate in the Supplemental Nutrition Assistance Program and is considered an ineligible household member. Progressive penalty periods must be imposed for nonexempt individuals if good cause cannot be established for voluntarily quitting a job, voluntarily reducing hours, or failure to work register. If an individual is not exempt from work requirements, the penalty period for the first offense is 1 month or until compliance with work registration, whichever is later; second offense is 3 months or until compliance with work registration, whichever is later; third offense is 6 months or until compliance with work registration, whichever is later; and subsequent offenses is 6 months or until compliance with work registration, whichever is later. • The client must serve the disqualification (DQ) period once imposed. • They must reapply/regain eligibility after the DQ period- we evaluate the new exemption at this time. INELIGIBILITY: An individual is ineligible to participate in the program for the penalty periods established in this policy if that individual is not exempt, and without good cause: 1. (a) Quits a job of 30 hours a week or more or a job with weekly earnings equal to or greater than the federal minimum wage multiplied by 30 hours (703-1 Determination of Voluntary Quit); OR
1(b) Reduces his/her work hours and after the reduction is working less than 30 hours per week and weekly earnings are less than federal minimum wage multiplied by 30 hours (703-1 Determination of Voluntary Reduction in Hours); AND, 2. The job quit or reduction of hours occurred in the 30 days preceding the date of Application, Recertification, and Simplified Report or any time it was reported while receiving SNAP. The 30 days begin with the day of the job quit. Simplified Reporters do not need to report a job quit or reduction in hours until the SR or Recertification.
Verification of end or reduced income is required any time it occurs after initial certification. If an individual quits a job in the 30 days preceding an Application, Recertification, Simplified Report, or any time it was reported while receiving SNAP and secures new employment at comparable wage or hours and is then laid off, through no fault of his/her own, the earlier quit will not form the basis of ineligibility. An application cannot be held beyond the normal processing timeframe while a determination of voluntary quit is being made. The minimum disqualification period cannot be avoided by requesting closure and reapplying. If the reapplication is during the disqualification period, the individual must be disqualified until the minimum period is served. If all individuals are disqualified, deny the reapplication. INELIGIBILITY PERIOD ONE PERSON HOUSEHOLD- APPLICATION, RECERTIFICATION, SIMPLIFIED REPORT: When it is determined a one-person household voluntarily quit a job/reduced hours without good cause in the 30 days preceding the Application, Recertification, or Simplified Report, the application or recertification is denied, or the program is closed at the end of the six-month report period. INELIGIBILITY PERIOD MULTIPLE HOUSEHOLD MEMBERS-APPLICATION, RECERTIFICATION, SIMPLIFIED REPORT: When it is determined a member of an applicant household voluntarily quit a job/reduced hours without good cause in the 30 days preceding the Application, Recertification, or Simplified Report date, the ineligibility period for the individual(s) begins with the date of application or first month of recertification period or six-month report period. INELIGIBILITY PERIOD FOR ONGOING HOUSEHOLD: The disqualification period will begin the first month following the expiration of the 10-day adverse notice period unless the household requests a fair hearing. If a voluntary quit or reduction in work effort occurs in the last month of a certification period or is determined in the last 30 days of the certification period, the individual must be denied recertification for a period
equal to the appropriate mandatory disqualification period, beginning with the day after the last certification period ends and continuing for the length of the disqualification, regardless of whether the individual reapplies. COMPLIANCE: Work Registration Requirements are included on the self-service portal application, paper application, and the recertification form. These forms indicate that when a responsible member of the household signs these, they are attesting to the registration of all mandatory registrants and acknowledging the work requirements for all mandatory registrants. If the household includes work registration mandatory members, the work registration requirements and penalties for not complying must be explained to the household at Application, Recertification or when adding a new household member. FAIR HEARING: If the participating individual’s benefits are continued pending a fair hearing and the State agency determination is upheld, the disqualification period must begin the first of the month after the hearing decision is rendered. Effective Date: September 16, 2024
SNAP 800 ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWD) Overview
Supersedes: SNAP 800 (04/09/2024) Reference: 7 CFR 273.7, 7 CFR 273.24, Section 824 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, PL 104-193 (PRWORA), Fiscal Responsibility Act of 2023. Overview: The Able-Bodied Adults Without Dependents (ABAWD) provision limits the receipt of SNAP benefits to three initial months and up to three extended months in a 36-month period. Montana is granted waivers from this limit in geographic areas for one year at a time based on labor market statistics (SNAP 802-1 Geographic Waiver). Any ABAWD meeting the ABAWD work requirements (SNAP 801-1 ABAWD Countable Months-Exemptions) will not have time limits. THREE-MONTH RULES: The following rules apply to ABAWD time limits. 1. Montana’s new ABAWD span will run from 07/01/2023 through 06/30/2026. 2. The three initial months do not need to be consecutive. 3. The extended months must be consecutive, only apply in particular circumstances (SNAP 803-1 Disqualification-Regaining Eligibility), and can only be used once in the three-year period. 4. Prorated months do not count as an ABAWD month. 5. A countable month will not be counted if it can be verified that the benefit wasn’t added to the EBT card.
6. Any month of participation in which an individual is exempt from ABAWD provisions due to either a personal exemption or a waiver provision does not count toward the individual’s three-month participation limit. 7. Months in which an individual is disqualified for any reason are not counted as ABAWD months for that individual. 8. For individuals regaining an ABAWD exemption: A) For individuals regaining eligibility by working, participating in a work program, or combining hours worked and hours participating in a work program, the State agency will either prorate benefits from the day the 80 hours are completed or from the date of new application. 7 CFR 273.24(d)(2) B) For a person turning 65, the month of the 65th birthday counts as an exempt month. (Prior to 10/01/2025, the age was 55 and older) 9. In a SNAP E&T County, individuals are exempt from time limits by participating in a SNAP E&T qualifying activity or by meeting the work requirements (or any combination thereof). 10. When the ABAWD period has expired a timely notice of adverse action must be sent. EVALUATION OF ABAWD STATUS: 1. Evaluate each ABAWD applicant/participant for ABAWD exemptions. If an individual has a non-age-related Work Registration Exempt (SNAP 701-1 Work Registration Exemption) they are also ABAWD exempt. All exemptions must be verified and/or narrated per policies SNAP 701-1 Work Registration Exemption and SNAP 801-1 ABAWD Countable Months-Exemptions. ABAWD status must also be evaluated at Simplified Report and Recertification.
NOTE: If an eligibility staff member has reason to believe an applicant or new household member might have received SNAP benefits in another State, the other State must be contacted to confirm the closure date and number of ABAWD months used. The only exception to this requirement is if the individual has a hard copy verification from the other state confirming the closure date and ABAWD months used. 2. Montana will only count ABAWD months from another State if the months were counted or should have been counted based on the other State’s regulations.
3. ABAWD status must be documented in case notes at application, when status changes, at Simplified Report, and Recertification. The case note must state which exemption was claimed and verified. The case note must also indicate ABAWD policy has been explained to non-exempt individuals. Effective Date: October 1, 2025
SNAP 801-1 ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWD) Countable Months/Exemptions
Supersedes: SNAP 801-1 (10/24/2024) Reference: 7 U S C 2 0 1 5 ( o ) ( 3 ) , 7 CFR 273.7; 7 CFR 273.24 Overview: GENERAL RULE- ABAWDS are limited to three months of Supplemental Nutrition Assistance Program (SNAP) benefits in a three-year period unless they meet one of the following: 1. Fulfilling the work requirement as defined in this policy. 2. Meet an exemption as defined in this policy. 3. Covered under a current geographic waiver (SNAP 802-1). 4. Receiving benefits for prorated months. FULFILLING THE WORK REQUIREMENT: 1. Employed, either for wages, self-employment enterprise, in-kind services or non- compensation/volunteer or any combination of the above a monthly average of 20 hours per week. (This means a person who worked 80 hours in four weeks would have an average of 20 hours per week for the month.) This must be verified via pay stubs, written statement from the employer, self-employment records, or verbal or written statement from the volunteer organization or individual for whom volunteer work is being done. Unpaid or volunteer work can be provided at religious or community organizations or for private individuals. Case notes must be entered to indicate specifically what verification was used.
NOTE: For verification of volunteer hours, do not use any form which ties the agency to the volunteer site (i.e., do not use department or state letterhead or a
notice). Due to Worker’s Compensation concerns, there should be no document that could be considered an agreement between an employer and the department.
NOTE: For individuals hired under contract, view the contract to determine the anticipated number of weeks the individual will be working in the position. Then determine the number of hours per week to evaluate this exemption. 2. Participating in and complying with Title 1 of the Workforce Investment Opportunities Act (WIOA) Program, Section 26 of the Trade Adjustment Assistance Act (TAA) program, or SNAP Employment and Training (SNAP E&T) qualifying activity 20 hours a week, averaged monthly.
NOTE: A combination of employment, volunteering or compliance with a work program can be used to meet this requirement. (e.g., 20 hours per week volunteering at the hospital the first two weeks of the month can be combined with 20 hours per week of WIOA the last two weeks of the month to allow for the entire month to meet this requirement.)
GOOD CAUSE If an individual would have worked an average of 20 hours per week but missed some work for good cause, the individual shall be considered to have met the work requirement if the absence from work is temporary and the individual retains his or her job. Good cause shall include circumstances beyond the individual's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, or the unavailability of transportation. See SNAP 703-1 for a complete list of good cause circumstances. A 10-day notice requesting verification of good cause is sent when it has been reported or discovered that the ABAWD is no longer meeting the work requirement. This notice must be sent before a Notice of Adverse Action (NOAA). See SNAP 1501-1. EXEMPTIONS: Any Non-Age-Related Work Registration Exemption in 701-1 OR one of the following exemptions will exempt an ABAWD from the three-month time limit. If an individual is Work Registration exempt, for a non-age-related exemption, narrate in case notes that the same exemption applies for ABAWD time limit provision. If they are not Work Registration exempt, assess whether the individual meets one of the exemptions below:
1. Age 17 or younger. The month following the month of the 18th birthday is the first month counted toward the three-month limit unless the individual meets another exemption. 2. Age 65or older. The month of the 65th birthday counts as an exempt month. Prior to 11/01/2025 the age was 55, effective 11/01/2025 the age is 65 and older.
3. Physically or mentally unfit for employment. If mental or physical unfitness is claimed or discovered and the unfitness is not evident, verification may be required. Appropriate verification may consist of entitlement to temporary or permanent disability benefits issued by government or private sources including receipt of VA disability compensation regardless of disability percentage. Vocational Rehabilitation services, Workers’ Compensation payments or Developmental Disability services may also be used as verification. An individual does not need to be receiving disability benefits for this exemption. Eligibility
staff can exempt an individual as unfit for work if they are obviously mentally or physically unfit for employment or, if the unfitness is not obvious, based solely on a statement from OR collateral contact with a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel that the individual is physically or mentally unfit for employment. The determination for this exemption needs to be narrated in the case note. 3. Is a parent (natural, adoptive, or step) of a household member under age 14, even if the household member who is under 14 is not eligible for SNAP. 4. Is residing in a SNAP household where a member is under age 14 , even if the household member who is under 14 is not eligible for or not requesting SNAP. NOTE- this exemption only applies to minors in the SNAP filing unit. A person living with a minor outside of the filing unit is not eligible for this exemption. 5. Is pregnant and have provided medical documentation of the estimated date of delivery. 6. Is an Indian/Urban Indian/California Indian who is eligible for Indian Health Services Effective Date: October 1, 2025
SNAP 802-1 ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWD) Geographic Waiver
Supersedes: SNAP 802-1 (07/01/2025) Reference: 7 CFR 273.7, 7 CFR 273.24, Section 6(o) Food and Nutrition Act of 2008
Overview: As of 11/01/2025, there are no areas within Montana with approved ABAWD geographic waivers.
Effective Date: November 1, 2025
SNAP 803-1 ABLE BODIED ADULTS WITHOUT DEPENDENTS Disqualification/Regaining Eligibility
Supersedes: SNAP 803-1 (04/18/2024) Reference: 7 CFR 273.7; 7 CFR 273.24; 7 CFR 273.11; P.L. 104-193 Section 824; Food Stamp and Nutrition Act of 2008, Section 6 (D)(2) Overview: Individuals who have exhausted all three (3) countable Able-Bodied Adults Without Dependents (ABAWD) months are disqualified from receiving SNAP until they meet one of the following: • Meet an ABAWD exemption (listed in section SNAP 801-1 ABAWD Countable Months-Exemptions) • Meet the regaining criteria at application (see regaining eligibility section below) • Are eligible for “extended” subsequent months. (See below) • Live in a geographically waived area (listed in section SNAP 802-1 Geographic Waiver) • The ABAWD span in which the individual accumulated the countable months has ended. A prorated share of the ineligible person’s income will be counted. All the ineligible person’s resources will be counted. The disqualified person is not included in the household size when determining eligibility and allotment. All households must report changes, including the disqualified individual’s changes, according to the household’s reporting requirements.
ABAWD SPAN: Montana’s new fixed 36-month period runs from July 1, 2023, through June 30, 2026.
REGAINING ELIGIBILITY CRITERIA- FOR INDIVIDUALS WHO HAVE EXHAUSTED THEIR THREE MONTHS IN A 36-MONTH PERIOD: An ABAWD may regain eligibility by working and/or participating in approved training for a total of 80 hours within a 30 consecutive-day period. The 30-day period may: • Begin as early as 30 days prior to the date of application, or • End as late as 30 days after the date of application. All 80 hours must be within 30 consecutive days. If an applicant applies having met the 80 hours within the 30 consecutive days prior to date of application, and meets all other eligibility factors, the client is eligible effective the date of application. 1. If an applicant applies before meeting the full 80 hours, they are ineligible. a. Deny the application. b. When the client verifies that the full 80 hours were met, within a 30 consecutive- day period ending no later than 30 days after date of application, the application can be reverted to open with benefits beginning the date the individual re-qualifies. c. If a client does not provide verification by the 30th day after the application, they will need to provide a new application. An ABAWD may continue to receive SNAP if they continue to meet the work or training requirement (see SNAP 801-1 ABAWD Countable Months-Exemptions).There is no limit to how many times an individual may regain eligibility.
ELIGIBILITY FOR A SECOND “EXTENDED” 3-MONTH PERIOD FOR ABAWDS Sometimes we see the following scenario: 1. Client exhausts initial three months. 2. Client then regains eligibility.
3. Client loses that regained exemption at a later date.
When this happens, the client is eligible for a subsequent 3-month period. The second set of consecutive 3 months shall begin the month the client loses the “regained” ABAWD exemption. The client will receive the subsequent 3 months regardless of ABAWD status. If the client has no ABAWD exemption by the end of the third month, the benefits will terminate. The extended months can only be used once per 3-year period. NOTE: An individual is not eligible for the three additional months if all other SNAP eligibility requirements are not met. For example, an individual cannot receive extended ABAWD months if they are currently disqualified for another reason.
SNAP EMPLOYMENT & TRAINING: An ABAWD may choose to meet the work requirement through E&T or independently (see SNAP 801-1 ABAWD Countable Months-Exemptions for work requirement details). An ABAWD who resides in one of the SNAP E&T counties (SNAP 702-7401372 Work Registration SNAP ET Referrals) may extend their SNAP eligibility by participating in a qualifying component of the SNAP E&T Program. SNAP eligibility is not delayed to verify SNAP E&T participation when an ABAWD in a SNAP E&T county has been referred before having exhausted their three ABAWD months. The ABAWD individual is referred to SNAP E&T and, as long as they comply with SNAP E&T or independently meet the work requirements, the ABAWD time clock will not increment (SNAP 700 Work Registration Overview).
NOTE: ABAWDs residing in SNAP E&T counties are referred to SNAP E&T prior to exhausting their three ABAWD months. If the ABAWD chooses to participate in a qualifying component or meet the work requirement independently, their SNAP eligibility continues, and the ABAWD time clock does not increment (SNAP 700 Work Registration Overview).
ABAWDs residing in SNAP E&T counties who choose not to enroll and participate in a SNAP E&T qualifying component or meet the work requirement independently are limited to three months of SNAP benefits in a 36-month period unless they meet another work registration or ABAWD exemption.
WORK REGISTRATION OPEN CASE: When an ABAWD gains a non-age-related work registration exemption (SNAP 701-1 Work Registration Exemption), the ABAWD time limited provision does not apply. The exemption is added the month the exemption is gained, regardless of when it is reported see SNAP 800 ABAWD Overview).
OPEN CASES: When an individual gains an ABAWD exemption after exhausting their three ABAWD months and the remaining members are still open on SNAP, the ABAWD is added according to the following: 1. ABAWD exemption due to employment – the ABAWD is added the month after they report and verify (SNAP 1501-5 Adding and Removing Household Members) they are working 20 hours a week, averaged monthly. 2. ABAWD exemption for attending a work program (SNAP E&T, WIOA or TAA) the ABAWD is added the month after they report and verify enrollment. 3. Other ABAWD exemption – the ABAWD exemption is added the month the exemption is gained, regardless of when it is reported (SNAP 1501-5 Adding and Removing Household Members).
SIMPLIFIED REPORTING: ABAWDs are informed of the ABAWD time limit provision and necessary reporting requirements prior to or upon approval via an eligibility staff member and written notice. ABAWDs are required to report: • when their household income exceeds the GMI, and/or • when their hours of work decrease below 20 hours a week, 80 hours averaged monthly.
The eligibility staff member must determine if the ABAWD meets an individual time limit exemption at each point of contact.
STATUS CHANGE: The eligibility staff member must evaluate an individual’s work registration, E&T and ABAWD exemptions at Simplified Report and Recertification. Recalculate ABAWD months if necessary. PARTICIPANTS WHO GAIN AN EXEMPTION DURING A CERTIFICATION PERIOD: If an ABAWD exemption is discovered during the certification period that was NOT required to be reported, we must determine if we need to apply an ABAWD exemption retroactively. If the gained exemption requires verification, we must pend for that information. When verified, we will remove the ABAWD months retroactively. If the exemption does not require verification (unless questionable) the ABAWD months will be removed upon notification. Note: All reported information should be filtered through the unclear information flowchart. (PAUG Business Processes) When the exemption is verified or does not require verification, the exemption should be added for the month the client gained the exemption. It does not matter if the month the exemption is gained is a full month. Example: Participant reported exemption on October 16, and the client is currently in their 2nd ABAWD month. We verify that the client gained the exemption in September. We would remove September and October ABAWD months and update the ABAWD exemption in CHIMES.
PARTICIPANTS WHO LOSE AN EXEMPTION DURING A CERTIFICATION PERIOD: If during the certification period we receive information that indicates a household member no longer meets an exemption, we must follow unclear information policy. For example, if we have not screened the household member for other exemptions, the impact of no longer meeting a specific exemption may not be clear. If it is unclear whether the household member meets another exemption, we must not act on the information and must not subject the household member to the ABAWD time limit until the household’s next certification action or simplified report. Note: If the change was required to be reported based on their reporting requirements, verify the change and screen for another ABAWD exemption. If there is no other ABAWD
exemption apply countable months retroactively and evaluate any additional months for an overpayment/IPV.
ADDING AN ABAWD INDIVIDUAL: When an ABAWD in a multiple member household isn’t initially eligible but later reports employment, this change is acted upon under the ‘adding a household member’ rules (SNAP 1501-5 Adding and Removing Household Members).
COUNTABLE ABAWD MONTHS FROM ANOTHER STATE: When an ABAWD applies for SNAP and they indicate that they received SNAP in another State, the eligibility staff member must verify the number of countable ABAWD months received in the other State. The countable ABAWD months from another state must fall within same time period as Montana’s fixed ABAWD clock. Once verified, these months are added manually to the ABAWD time clock by the eligibility staff member.
Effective Date: October 1, 2025
SNAP 900 ISSUANCE Overview Supersedes: FS 900 (04/01/09) Reference: 7 CFR 274.1 Overview: SNAP clients are issued a debit card for purchasing food products. SNAP benefits are electronically transferred to an account linked to the debit card. Clients use the card, along with a Personal Identification Number (PIN) to purchase food using either a Point-of-Sale (POS) device or the paper voucher system at the check stand. There is no charge when using the EBT card. The SNAP 900 section addresses program benefits or EBT, the negotiable instrument clients use to purchase USDA eligible food items. Occasionally, benefits must be replaced to client households. This section explains conditions when benefits may be replaced via the EBT Montana Access Card. The SNAP 901-1 and SNAP 902-1 sections include reference information to assist eligibility staff members with completing post benefit authorization activities. Revised Date: October 26, 2022
SNAP 901-1 ISSUANCE SNAP Replacement Conditions
Supersedes: SNAP 901-1 (01/01/2017) Reference: 7 CFR 274.6 (a) Overview: When a participating household requests a replacement of SNAP benefits via their Montana Access EBT card, the eligibility staff member must evaluate the circumstances surrounding the request and determine whether a replacement is appropriate. The following condition(s) must exist before a replacement of benefits may be authorized. REPORTED AFTER RECEIPT: SNAP benefits may be replaced via the Montana Access EBT card if the participating household reports: 1. Food items purchased with the EBT card were destroyed resulting from a household misfortune or disaster such as food spoiled from a refrigerator or freezer not working due to a power outage or food items destroyed by a flood or fire. Replacement issuances shall be provided in the amount of the loss to the household, up to a maximum of one month's allotment, unless the issuance includes restored benefits which shall be replaced up to their full value. 2. Client phones Customer Service and reports their Montana Access EBT card as lost or stolen. The Customer Service desk fails to cancel the card, subsequently; someone other than the client uses the benefits. RESTRICTIONS ON REPLACEMENT: Replacement issuances shall be provided only if a household timely reports a loss orally or in writing. The report will be considered timely if it is made to the State agency within 10 days of the date food purchased with Program benefits is destroyed in a household misfortune. Prior to issuing a replacement, a member of the household must provide a signed statement attesting to the household's loss. A notice must be sent requesting the statement. The required statement may be mailed if the household member is unable to come into the office because of age, handicap or distance from the office and is unable to appoint an authorized representative. NOTE: The household member can attest to the loss by telephone call to the PAHL if the statement is recorded and the link to the recording is documented in a case note. If the signed statement or affidavit is not received within 10 days of the date of report, no replacement shall be made. If the 10th day falls on a weekend or holiday, and the statement is received the day after
the weekend or holiday, it shall be considered received timely. The signed statement or recorded telephone call shall be retained in the case record. It shall attest to the destruction of food purchased with the original issuance and the reason for the replacement. It shall also state that the household is aware of the penalties for intentional misrepresentation of the facts, including but not limited to, a charge of perjury for a false claim. Revised Date: October 19, 2022
SNAP 902-1 ISSUANCE EBT Card Return/Re-mail
Supersedes: SNAP 902-1 (05/19/17) Reference: 7 CFR 274.12 (g) Overview: A participating household may request a replacement of their Electronic Benefits Transfer (EBT) card. To replace an EBT card the participant must call Conduit Customer Service at 1-866-850-1556, and report the card as lost, stolen, or damaged. NOTE: Once a participant has phoned Conduit Customer Service to report their EBT card as lost, stolen, or damaged, their existing card will be deactivated. At that time, the EBT card is no longer usable. Montana EBT cards are mailed from Conduit. Undeliverable EBT cards are returned to the Conduit office in Kentucky and destroyed. If no forwarding address is known, the cards will be returned to Conduit and destroyed. SNAP benefits will remain in the account for 274 days before being expunged from the card (905-1). NOTE: If there is an outstanding SNAP overpayment, any balance remaining on the Montana Access EBT account, up to the balance of the overpayment claim, will be applied toward the claim. Revised Date: 4/17/26
SNAP 903-1 ISSUANCE Montana Access Card (EBT) Replacements
Supersedes: SNAP 903-1 (01/01/2017) Reference: 7 CFR 274.6 (b) Overview: The State agency shall make replacement EBT cards available by placing the card in the mail within two business days following notice by the household to the State agency that the card has been lost, stolen or damaged and by verifying their address for a replacement card. Clients or Authorized Representatives must call 1-866-850-1556 to report their card lost, stolen, or damaged. If the address on file is not the same as their current address, they will need to update their address with the state agency prior to receiving a replacement card. Address updates can be made by going to the local OPA office, notifying the OPA via mail or email,calling the PAHL, updating it on the apply.mt.gov website. Montana Access EBT cards are not deliverable when: 1. The client fails to give a complete address. 2. The client moves prior to receiving their Montana Access EBT card. 3. The eligibility staff member transposes a number in the address. 4. The eligibility staff member fails to make a change to an existing address on a case that was previously open to benefits; or, 5. The client is living with a friend or relative and they have not notified the Postal Service that they are now residing at that address. NOTE: It is very important to enter the current correct address when registering an application. During the interview the eligibility staff member should discuss the applicant’s mailing address to ensure the address screen correctly reflects the current mailing address. Effective date: 4.17.26
SNAP 905-1 ISSUANCE EBT Expungement
Supersedes: SNAP 905-1 (09/24/22)
Reference: 7 CFR 274.2(i)-(1) and (2), 7 CFR 274.2 (h)(1), 7 CFR 274.2(i)(4), 273.13(b)(2), Section 4006 of 2008 Farm Bill Overview: SNAP benefits are expunged when 274 days have passed from the last time the client completed a SNAP transaction. An EBT account is inactive if the household has not initiated activity that affects the balance of the household's SNAP EBT account, such as a purchase or return. Balance inquiries do not count as a financial transaction. Benefits are expunged on a “first in, first out” basis. For example, if a benefit authorization for the month of September 2024 has been available for use by the household for 274 days, but the household has not used the entirety or September benefits, remaining September benefits must be expunged in May 2025. Additional months’ benefits issued after September would still be available and only expunged if those benefits in additional months are unused after 274 days. Only a benefit authorization that has been accessible to the household for 274 days is subject to be expunged. If one or more subsequent benefit authorizations have been available to the household for less than 274 days for the same household account, they are not to be expunged. A Notice will be sent to the household 30 day before any expungements are made. To avoid expungement, the client must make purchases with benefits issued for a benefit month within 274 days of issuance or last use. The remainder of any benefit month issued, which have not been accessed after issuance or used for purchases after 274 days, will be expunged. In instances when the State agency verifies a death match for all certified members of the household and closes the SNAP case, the State agency shall expunge the remaining SNAP balance in the household's EBT account at that time. Expungement notices are not necessary for these households.
Effective Date: October 1, 2025
SNAP 1500 CASE MANAGEMENT Overview
Supersedes: SNAP 1500 (05/01/2017) Reference: N/A BASICS OF CASE MANAGEMENT: Eligibility staff members accurately determine eligibility and benefit amounts for households applying for or receiving SNAP benefits. Managing a SNAP case includes: 1. Knowledge and correct application of SNAP policy. 2. Reading case notes and reviewing case actions taken from the last certification, simplified report, recertification or change report to have sufficient knowledge of the case before making further changes or processing applications, Simplified Reports and Recertifications. 3. Conducting initial certification and recertification interviews to accurately determine eligibility and benefit amount; requesting verifications per policy and conducting appropriate interface actions. 4. Informing the household of eligibility, benefit changes and reporting requirements in writing (using appropriate notices). 5. Composing clear and concise notices; reviewing pending system-generated notices for accuracy and clarity and making any needed changes. 6. Acting on changes according to the household’s change reporting requirements within 10 days of the discovered/reported change or information. 7. Establishing overpayment claims or supplementing/restoring under issued benefits; overpayment claims must be established using correct reporting requirements and overpayment policies. 8. Referring intentional program violations (1505-1) when appropriate; and, 9. Documenting case notes in sufficient detail to explain the facts and accuracy of the eligibility determination and benefit amount. Effective Date: 12/12/2022
SNAP 1501-1 CASE MANAGEMENT Reporting Requirements
Supersedes: SNAP 1501-1 (10/01/2023) Reference: 7 CFR 273.10, 7 CFR 273.12, 7 CFR 273.13, 7 CFR 273.12(c)(3)(iii), 7 CFR 273.14
Overview: There are two different Household Reporting Requirements for SNAP: Change Reporting Households and Simplified Reporting Households. The following households are subject to Change Reporting requirements: 1. Migrant/seasonal farm worker households; and, 2. Households in which all members are elderly or disabled and do not have countable earned income. All other households are required to report changes according to Simplified Reporting Requirements. CHANGE REPORTING HOUSEHOLD REQUIREMENTS Change reporting households are required to report changes, including #10 Lottery and Gambling winnings, within 10 days of the date the change becomes known to the household. For reportable changes of income, the change must be reported within 10 days of the date the household receives the first payment attributable to the change. Change reporting households are required to report the following changes in circumstances: 1. Changes in sources of income, including starting or stopping a job or changing jobs if the change in employment is accompanied by a change in income. 2. Changes in the amount of earned income of more than $125 a month from the amount last used to calculate the household’s allotment, provided that the household is certified for no more than 6 months. a. NOTE: This only applies to migrant/seasonal farm worker households because households in which all members are elderly or disabled with countable earned income are subject to Simplified Reporting requirements. 3. Changes in the amount of unearned income of more than $125.00 a month, except changes relating to TANF. Eligibility staff are responsible for identifying changes during the certification period in the amount of TANF. 4. Changes in household composition, such as the addition or loss of a household member. 5. Changes in residence and the resulting changes in shelter expenses.
6. Changes in liquid resources, such as cash, stocks, bonds, and bank accounts that reach or exceed the resource limits of $2,750 or $4,250 depending on household composition, unless these assets are excluded. 7. Acquisition of a licensed vehicle that is not fully excludable. 8. Changes in the legal obligation to pay child support; and, 9. For able-bodied adults subject to the time limit, any changes in work hours that bring an individual below 20 hours per week, averaged monthly. An individual shall report this information in accordance with the reporting system for income to which they are subject. 10. Whenever a member of the household wins substantial lottery or gambling winnings of $4,500 or greater. See section titled “Substantial Lottery or Gambling Winnings” later in this policy.
An applying household shall report all changes related to its SNAP eligibility and benefits at the certification interview. Changes outlined above which occur after the interview but before the date of the notice of eligibility, shall be reported by the household within 10 days of the date of the notice. RECERTIFICATION PERIODS FOR CHANGE REPORTERS Eligibility is determined for a 24-month certification period at application and recertification for households in which all members are elderly or disabled and do not have countable earned income. Eligibility is determined for a six-month certification period for migrant/ seasonal farm worker households at application and recertification. CHANGE REPORT FORM AND NOTICE Households are provided with a Change Report Form at or when: 1. The application interview. 2. The recertification interview. 3. Following a reported change; and, 4. When requested. NOTIFICATION OF CHANGE REPORTING REQUIREMENTS At the initial certification, recertification, and when the household is transferred to Change Reporting, eligibility staff must provide the household with the following: 1. A written and oral explanation of how change reporting works. 2. A written and oral explanation of the change reporting requirements including: a. The additional changes that must be addressed and verified in the Recertification Form. b. When the Recertification is due. c. How to obtain assistance in filing the Recertification or make any change reports; and d. The consequences of failing to file the report.
SIMPLIFIED REPORTING REQUIREMENTS Simplified reporting requires households to report when their gross monthly income exceeds 130% FPL (the gross monthly income (GMI) standard) for their household size. The household will use the GMI for the household size that existed at the time of its most recent certification or recertification, regardless of any subsequent household size changes. Income is only adjusted on the case if it is expected to continue at the higher amount. NOTE: If, at application or recertification, an applying household meets these three criteria, they are not required to report an increase in income until the Simplified Report 1. Has income that exceeds 130% of the poverty level for its household size, 2. Is CE/ECE, and
3. Is eligible to receive any benefit amount
Able-bodied adults subject to the time limit, must report any changes in work hours that bring an individual below 20 hours per week, averaged monthly. Simplified Reporting Households must also report whenever a member of the household wins substantial lottery or gambling winnings of $4,500 or greater. See section titled “Substantial Lottery and Gambling Winnings” later in this policy. For reportable changes of income and substantial lottery or gambling winnings of $4,500 or greater, households subject to simplified reporting are required to report changes by the 10th of the following month. For example, if the reportable change occurred on June 17th, the household must report by July 10th. The household is also required to report by the 10th of the following month when an ABAWD's work hours decrease below 20 hours per week, averaged monthly. Adjustment to ABAWD exemption based on hours worked is only made on the case if the decreased hours are expected to continue. Simplified reporting also requires households to complete a Simplified Report. Eligibility is determined for most Simplified Reporting households for a 12-month certification period at application and recertification. The Simplified Report is due six months from the initial month that the application or recertification is approved. An interview is not required as part of a Simplified Report. All required interfaces must be checked when processing a Simplified Report. SUBSTANTIAL LOTTERY AND GAMBLING WINNINGS ALL households, whether Change Reporters or Simplified Reporters, must report whenever a member of the household wins substantial lottery or gambling winnings of $4,500 or greater. Lottery or gambling winnings are defined for this requirement as a cash prize won in a single game, before taxes or other amounts are withheld. If multiple individuals shared in the purchase of a ticket, hand, or similar bet, then only the portion of the winnings allocated to the member of the SNAP household will be counted toward the eligibility determination. Households with substantial lottery or gambling winnings defined in this section immediately lose eligibility for SNAP benefits. Households disqualified for substantial winnings remain ineligible until they again meet the allowable financial resources and income eligibility requirements. This provision applies to all households, including categorically eligible, Social Security Income (SSI), and Temporary Assistance for Needy Families (TANF) households, and those certified under Expanded Categorical Eligibility (ECE). The next time such a household reapplies and is certified for SNAP after losing eligibility under this rule, the household would not be considered categorically eligible or ECE. The household would need to be certified under regular SNAP rules. To make the correct SNAP determination under regular rules, households must PASS the GMI 130% FPL test first. After that they have to pass the resource test. Once they pass both of those then we would look at the NMI 100% FPL test. For those regular rule households that have an elderly or disabled individual there is no GMI test, but they must pass the resource test of $4,500.00 and the NMI income test. Households disqualified for substantial lottery or gambling winnings are not permanently disqualified. 1. If the HH is disqualified and SNAP closed, they can reapply and be eligible if ANYTHING about their HH composition (a new member or a member leaving) is changed. A change in HH composition makes the HH a NEW HH, so they can be considered under CE and ECE eligibility rules. If the HH reports a change in HH composition before the actual closure of their SNAP benefits, re-open and authorize without a hard close. If the member who won the lottery or gambling winnings joins a new HH, the new HH is not disqualified, because it is a new HH (the composition changed).
2. If a HH is disqualified under this rule and reapplies and is certified under regular SNAP rules, but then becomes ineligible under regular SNAP rules (e.g., income increases to greater than 130% FPL), they can be certified and receive benefits under CE and ECE eligibility rules. 3. If a HH is disqualified under this rule, later reapplies, and is certified under regular SNAP rules, but at re- certification they exceed the income limits under regular rules, they can be recertified under CE and ECE eligibility rules. This is because a “re-certification” is a type of new application for a new certification period. NOTIFICATION OF SIMPLIFIED REPORTING REQUIREMENT At the initial certification, recertification, and when the household is transferred to simplified reporting, eligibility staff must provide the household with the following: 1. A written and oral explanation of how simplified reporting works. 2. A written and oral explanation of the reporting requirements including: a. The additional changes that must be addressed in the Simplified Report and verified. b. When the report is due. c. How to obtain assistance in filing the Simplified Report; and d. The consequences of failing to file the report.
SIMPLIFIED REPORT FORM The Simplified Report form must request information for the following changes: 1. Changes in sources of income such as child support, starting a new job, changed jobs, etc. 2. Changes in the amount of earned income of more than $125. 3. Changes in the amount of unearned income of more than $125. 4. Changes in household composition. 5. Changes in residence and the resulting changes in shelter and utility expenses. 6. Resources reaching or exceeding resource limits in SNAP 400; and, 7. Changes in the legal obligation to pay child support. 8. For able-bodied adults subject to the time limit, any changes in work hours that bring an individual below 20 hours per week, averaged monthly.
At the time of the simplified report, the eligibility staff member must act on changes reported during the simplified report period or changes reported on the Simplified Report form whether the household was required to report the change and whether the change causes benefits to decrease. SIMPLIFIED REPORT PROCESSING If the household files a complete report resulting in reduction or termination of benefits, the eligibility staff member shall send an adequate notice. The notice must be issued so that the household will receive it no later than the time that its benefits are normally received. If the household fails to provide sufficient information or verification regarding a deductible expense, the eligibility staff member will not terminate the household, but will instead determine the household's benefits without regard to the deduction. If a Simplified Report is received by the 3rd of the month, it must be processed with time to provide the household with adequate notice. If the household fails to provide sufficient information or verification regarding a deductible expense, SNAP benefits are not closed, but ongoing eligibility is determined without allowing the expense. If a Simplified Report is not received by the 3rd day of the report month, a reminder notice must be mailed on the next business day advising the household that it has 10 days from the date the notice is mailed to file the report. After the 10th day of this notice, SNAP benefits are closed, and a closure notice is sent.
If the report is received after the 3rd day of the report month, but within 10 days of the date the reminder notice is mailed (before the closure notice), the eligibility staff member must process the report in time to allow adequate notice of a reduction or termination of SNAP benefits. If the household files a Simplified Report after SNAP has been closed but before the end of the report month, the eligibility staff member must re-open the SNAP program and process the report. If information/verification is required, a 10-day notice is sent and if the household provides the information during this 10-day period or prior to the end of the report month, the eligibility staff member determines eligibility and sends appropriate notice. If the 10-day notice period extends beyond the report month, benefits are not prorated. If the household has requested a fair hearing on the basis that they submitted a complete Simplified Report, but the State does not have it, the eligibility staff member will reinstate the household if a completed Simplified Report is received before the end of the issuance month. The combined Simplified Report for SNAP and TANF shall clearly indicate on the form that SNAP-only households need not provide information required by another program. Non-applicant household or family members need not provide SSNs or information about citizenship or immigration status. SIMPLIFIED REPORT RECEIVED AFTER REPORT MONTH Households are required to reapply for benefits if a Simplified Report is not received by the last day in the report month. If the last day of the report month falls on a weekend or holiday, the household has through the next business day to submit the report. ACTING ON CHANGES GENERAL Eligibility staff must act on reported changes within 10 days of report, regardless of whether the change was reported timely, to determine if the change affects the household's eligibility or allotment. Changes reported over the telephone or in person by the household must be acted on in the same manner as those reported on a change report form. If a household reports a change in income, and the new circumstance is expected to continue for at least one month beyond the month in which the change is reported, the eligibility staff must act on the change. Reported/discovered information may come from the household, data matches used in eligibility determinations, or credible third-party sources, e.g., other State or Federal agencies. Information from data matches or third-party sources must follow procedures under ACTING ON UNCLEAR INFORMATION. Changes in medical expenses reported by a source other than the household are acted on if the changes are considered verified upon receipt and do not require contact with the household. When a household reports a change in residence, the State agency must investigate and act on potential changes in shelter costs arising from this reported change by sending a pend notice. However, if a household fails to provide information regarding the associated changes in shelter costs within 10 days of the notice, the State agency should send a notice to the household that their allotment will be recalculated without the deduction. NOTE: SNAP households CANNOT be required to verify reported/discovered information from data matches and third-party sources that does not meet Simplified Reporting requirements. The two exceptions to this are the Death Match and Prisoner Match. We must act on information found on these data matches. (7 CFR 273.12(c)(3)(iii), 7 CFR 273.13, 7 CFR 273.14). Please refer to related Business Processes in these situations.
NOTE: See section ACTING ON UNCLEAR INFORMATION later in this section for criteria about unclear information before acting on changes.
If a reported/discovered change would increase the benefit and requires verification, the eligibility staff member must send a request for verification allowing the household 10 days to submit. If the household complies within 10 days, the agency must make the change effective no later than the first benefit allotment issued 10 days after the change was reported by the household. For example, a $30.00 decrease in income reported on the 15th of May would increase the household’s June allotment. If the same decrease were reported on May 28th, the increase would be effective for July benefits. If the household fails to provide the verification within 10 days, the increase/change would take effect in the month following the date the verifications were received. 7 CFR 273.12(c)(1)(i) and (iii) When the increase in benefits is caused by adding an additional household member or decreases in income of more than $50.00, the household must receive the increased benefits in the month following the reported change. If the change is reported late in the month (not allowing 10 days), a supplement for the next month will need to be authorized. If the necessary verification is not received SNAP benefits do not close and SNAP benefits continue to be issued at the previous level. 7 CFR 273.12(c)(1)(ii) and (iii) If a reported/discovered change would decrease the benefit and requires verification, the eligibility staff member must send a request for verification allowing the household 10 days to submit. If the requested verification is received within the 10-day request period AND timely notice can be provided to the household, the household’s benefit is decreased accordingly. If the requested verification is not received in time to provide timely notice of adverse action or the 10-day request for information period extends into the next benefit month, the household’s benefit is authorized at the same benefit amount as the previous month. If the verification, such as a decreased expense, is not received, the expense is removed, and timely notice of decrease is provided to the household. ACTING ON UNCLEAR INFORMATION Unclear information is information about a household’s circumstances from which the eligibility staff member cannot readily determine the effect on the household’s continued eligibility for SNAP or in certain cases the effect on the benefit amount. Unclear information is information that is not verified, or information that is verified but the eligibility staff member needs additional information to act on the change appropriately. For example, if a household reports and verifies that a new member has joined the household but does not provide any information regarding the new member’s income, the eligibility staff member would need to contact the household before the eligibility staff member could act to add the individual to the household and change the benefit level. If the information is verified upon receipt but the eligibility staff member needs additional information to act on the change appropriately, then the information would be considered unclear. An example of this would be if the eligibility staff member received verified upon receipt information, such as a client statement that another person joined a household but did not know how the household’s total monthly income may have changed. The eligibility staff member would need further information and verification from the household to make the appropriate changes in benefit allotment, if necessary, to the case. Eligibility staff must follow up on unclear information if the information: 1. Is fewer than 60 days old relative to the current month of participation, and 2. Was required to have been reported based on the reporting system to which the household was assigned.
Procedures for responding to unclear information are applicable to ALL households, not just those subject to Simplified Reporting. If the unclear information received is fewer than 60 days old relative to the current month of participation and indicates there has been a change in household circumstances that the household should have reported according to the household’s assigned reporting system, the eligibility staff member must send a pend notice. If the unclear information indicates that there was a change in household circumstances, but not a change the household was obligated to report, the eligibility staff member will follow up on the information with the household at its next certification action or required periodic report. This eliminates the potential for
terminating eligible households from SNAP based upon changes that they were not required to report and saves time spent following up on minor changes. Eligibility staff members are also required to send a pend notice if the unclear information appears to present significantly conflicting information about household circumstances from that used at the time of certification. Significantly conflicting information is any situation in which the agency has just received new information which calls into question whether the information presented at application or recertification was accurate or not. See examples below: Example 1: A household of 1 applies and is approved for benefits. During the certification, the agency learns that the customer is living with others and had been at the time the application was submitted. It is now unclear what the relationship of these other individuals is to the head of household, and whether the household should have been approved as a household of 1 because this new information significantly conflicts with what was reported at the time of application.
Example 2: A household of 3 submits a recertification reporting no changes and is reapproved for benefits. During the new certification period, the agency learns that one of the household members is a college student whose semester began prior to the new certification period. It is now unclear if this household member should have been included in the SNAP household because the new information significantly conflicts with the information the agency had when processing the redetermination.
Eligibility staff may follow up with a general notice to the household allowing ten days to provide information on a voluntary basis if that information would result in an increase in benefits, but the State may not take adverse action if the household does not respond. In these instances, we would not PEND the case, we would send a general notice allowing the household 10 days to submit verification voluntarily. Benefits increase the month after a reported/discovered change has been submitted if the verifications are submitted within 10 days. If verifications are submitted in excess of 10 days, the change will go into effect the month following the date the verifications were received. How do eligibility staff respond to unclear information about households subject to Change Reporting? If an eligibility staff member receives unclear information about a household that is fewer than 60 days old relative to the current month of participation and would, if accurate, have to be reported per reporting requirements, the eligibility staff member must send a pend notice and follow procedures for making changes. If the unclear information appears to present significantly conflicting information from that used at the time of certification, the eligibility staff must send a pend notice and follow the procedures for making changes. If the information is not fewer than 60 days old relative to the current month of participation, was not required to be reported, or does not present significantly conflicting information from that used at the time of certification, the eligibility staff shall not act on this information or require the household to provide information until the household’s next certification action. For example, if eligibility staff received unclear information that is fewer than 60 days old relative to the current month of participation and indicates a Change Reporting household’s income increased by $200, the eligibility staff would need to send a pend notice because the household is required to report changes in income of $125 or more. If, however, this information was older than 60 days relative to the current month of participation, the eligibility staff would not send a pend notice to the household and would wait until the next scheduled contact to follow up with the household. NOTE- When applying the 60-day filter to unclear information please use the date of the change relative to the month it was reported to determine the age. Consider only if the actual change happened more than 60 days before it was reported. For example: If a change is reported on
03/25/2023 for a change that occurred on 02/27/2023, it was less than 60 days old at the time of the report even if we don’t work the task until a much later date. In this situation, we would need to act on the change. Conversely, if a change was reported on 03/25/2023 that occurred on 12/01/2022, it was more than 60 days old by the time we aware of the change and must be held until the next review. How do eligibility staff respond to unclear information about households subject to Simplified Reporting? If eligibility staff receives unclear information about a household outside of the Simplified Report that is fewer than 60 days old relative to the current month of participation and would, if accurate, have to be reported, the eligibility staff must send a pend notice and follow the procedures for changes. If the unclear information appears to present significantly conflicting information from that used at the time of certification, the eligibility staff must send a pend notice and follow the procedures for making changes. ***See definition and examples of significantly conflicting information above. *** If the information is not fewer than 60 days old relative to the current month of participation, was not required to be reported or does not present significantly conflicting information from that used at the time of certification, the State agency shall not act on this information or require the household to provide information until the household’s next certification action. For example, if eligibility staff received unclear information that indicates a Simplified Reporting household’s income increased by $200, but this increase did not exceed the household’s reporting requirement or the increase is not within 60 days of the current month of participation, no pend notice would be issued and the change would be dealt with at the time of the next certification action. PLEASE SEE GUIDANCE REGARDING THE 60-DAY FILTER ABOVE. Effective Date: October 1, 2024
SNAP 1501-2 CASE MANAGEMENT Mass Change Supersedes: FS 1501-2 (10/01/2009) Reference: 7 CFR 273.12(e) Overview: Mass changes are initiated by the state or federal government and generally affect the entire caseload or a significant portion of the caseload. MASS CHANGES: Mass changes are effective the same date for all households. A notice is not required for mass change situations listed in 1-5 below; however, it is best practice to send a notice to the household informing them of the benefit change. Adequate notice is required to be sent to the households listed in 6-8 below. Mass Changes include, but are not limited to the following: 1. Adjustments to income eligibility standards (Supplemental Nutrition Assistance Program GMI or NMI Limits). 2. Adjustments in the maximum SNAP allotment (Thrifty Food Plan). 3. Adjustments in the standard deduction. 4. Adjustments in the shelter or dependent care deduction. 5. Annual and seasonal adjustments to utility standards. 6. Periodic cost-of-living adjustments to Retirement, Survivors, and Disability Insurance (RSDI), Supplemental Security Income (SSI), and other federal benefits. 7. Periodic cost-of-living adjustments to TANF Cash, Tribal TANF, or General Assistance (GA) payments. 8. Other changes in the eligibility and benefit criteria based on legislative or regulatory changes. Effective Date: December 12, 2022
SNAP 1501-5 CASE MANAGEMENT Adding/Removing Household Member Supersedes: SNAP 1501-5 (09/14/2021) Reference: 7 CFR 273.1; 273.12; 273.13 Overview: When an individual moves into or out of a SNAP household, eligibility and the benefit amount must be evaluated based on the new household composition and the household's reporting requirements. The eligibility staff member must use the correct time frames when it is necessary to provide the household with a notice of adverse action. ADDING A HOUSEHOLD MEMBER: The eligibility staff member acts on changes in household composition within 10 days of the reported/discovered change. When the household provides necessary information/verification within 10 days of the date of information request notice, the new household member is added effective the month after the reported/discovered change. A new household member is added to the household effective the month after the reported/discovered change when the household provides any necessary information/verification to add the new member within 10 days from the date of request for information notice. When the 10th day of the request period falls on a weekend or holiday, the household has until the next business day to provide the information/verification. If a child or children are reported as new member(s) and they are already receiving SNAP on another case, the household composition of the reporting household is questionable and must be verified. The new household must verify conclusively that the child(ren) is in their household and not in the household where they are currently receiving benefits. Children cannot be removed from their current case unless both households agree to the changed living arrangement OR we have compelling verification from a third party, for example, Child and Family Services, a court order, or result of a fraud investigation. If the child(ren) is living in more than one household and the households share the child equally, the households must decide whose case the child will receive benefits on. Special consideration is given in cases where an adult has left a household with children due to domestic violence and is living in a shelter. See SNAP Policy 201-8. TANF AND SNAP SUPPLEMENT:
If adding the new member results in TANF and SNAP supplements, The TANF supplement issued is countable income. REMOVING A HOUSEHOLD MEMBER: The eligibility staff member acts on changes in household composition within 10 days of the reported/discovered change. A household member is removed from the household effective the month after the reported/discovered change. Effective Date: December 12, 2022
SNAP 1502-1 CASE MANAGEMENT Recertification
Supersedes: 1502-1 (08/14/2023) Reference: 7 CFR 273.2(f)(2), (3)(i); 7 CFR 273.10(f); 7 CFR 273.14((a)(2)); Waiver to Conduct Unscheduled Interviews (On-Demand) Overview: No household may participate in SNAP beyond the expiration of the certification period without a determination of eligibility for a new period. RECERTIFICATION PERIODS: Households in which all members are elderly or have a disability with no earned income are certified for 24 months. All other households are certified for 12 months. Other programs’ redetermination dates should be coordinated with the SNAP recertification date when it is possible. Households must apply for recertification and comply with interview and verification requirements. The recertification form or new application is due in the 12th or 24th month from the month of application. Simplified Reporting household: A recertification interview is required at least once every 12 months. The recertification month is the 12th month from the month the application or recertification is approved. Change reporting households: A recertification interview is required at least once every 24 months. The recertification month is the 24th month from the month the application or recertification is approved. One contact with the household is required at least every 12 months. Households in which all members are elderly or disabled and do not have countable earned income but have a disqualified household member are subject to a 12-month certification period. If a change reporting household member becomes disqualified and the certification period is more than 12 months away, the recertification date must be shortened to month 12. If a household becomes a Simplified Reporting household and has a recertification date already scheduled within six months, the recertification is held as scheduled.
If a household becomes a Simplified Reporting household and has a recertification date already scheduled more than six months away, the recertification date must be changed to month six from the initial month of becoming a Simplified Reporting household. Notice must be sent informing the household that its certification period is shortened due to the household switching from change reporting to Simplified Reporting requirements and the notice must inform the household of its new reporting requirements. RECERTIFICATION FORM AND NOTICE OF EXPIRATION: A household receives a Redetermination/Recertification Report form in the month prior to its recertification month. Instructions on the form request the household to complete and return it by the due date. Any responsible adult member of the SNAP household or the authorized representative can complete or sign the report. For complete signature policy, see SNAP Policy 103-1, Signature Types and Requirements. All other forms of application (paper, online, by telephone (Statement of Facts) are also accepted for recertification. Any form of application for recertification must be accepted as long as it contains a signature and a legible name and address. The household must also be sent a Notice of Expiration (NOE) by the 1st of the month prior to the recertification month. The following information must be included in the NOE: 1. The date the certification period expires. 2. The date by which a household must submit an application for recertification in order to receive uninterrupted benefits. 3. The consequences of failure to apply for recertification in a timely manner. 4. Notice of the right to receive an application form upon request and to have it accepted as long as it contains a signature and a legible name and address. 5. Information on alternative submission methods available to households which cannot come into the certification office or do not have an authorized representative and how to exercise these options. 6. The address of the office where the application must be filed. 7. The household's right to request a fair hearing if the recertification is denied or if the household objects to the benefit issuance. 8. Notice that any household consisting only of Supplemental Security Income (SSI) applicants or recipients is entitled to apply for SNAP recertification at an office of the Social Security Administration. 9. Notice informing client of the date and time of their scheduled interview. 10. Notice that failure to attend an interview may result in delay or denial of benefits. 11. Notice that the household is responsible for rescheduling a missed interview and for providing required verification information.
APPLICATION AND RECERTIFICATION COPIES: The OPA/eligibility staff must offer to provide copies of all applications and re-certifications completed by households regardless of the method by which the applicant submitted the application or re-certification e.g., paper, online, SOF, etc. This offer, the decision by the household whether to receive a copy, and whether and when the copy was provided must be in case notes. The household will have the option to receive the copy of their completed application in electronic format. A copy of the completed application is a copy of the information provided by the client that the OPA has used or will use to determine a household's eligibility and benefit allotment. RECERTIFICATION INTERVIEW: All households must complete a recertification interview before the end of the 12th month of certification. Included on the SNAP Notice of Benefit Expiration are instructions informing the household of the date and time of their scheduled interview. If the client contacts the OPA to reschedule the interview they must be rescheduled in a timely manner to allow time for regular participation in the next months issuance. , If the client misses their scheduled interview slot, a missed interview notice will be sent to the household this notice will inform client of their responsibility to reschedule their missed interview . The household can also request to schedule an in-person interview during regular business hours. At the interview, the eligibility staff member evaluates the status according to policy of each household member. The OPA may not deny a recertification for failure to complete an interview before day 30 of recertification month. TIMELY RECERTIFICATION: The recertification interview must be completed by the 10th day of month allowing the household sufficient time to provide the necessary verification. Recertification packets received within the last certification month are not eligible for expedited benefits. The household must have the opportunity to participate by the normal month's issuance. If the household misses their scheduled recertification interview the eligibility staff must send the household the missed interview notice (NOMI) no later than the next business day. The notice serves as a denial notice when a recertification form is submitted by the time of the interview appointment, but the household does not complete an interview. The notice informs the household: 1. To contact the OPA to interview by the end of the certification period if it wants to recertify for SNAP benefits. 2. If unable to appear in-person for the interview, an interview can be conducted by telephone or a home visit. 3. The recertification form can be submitted in person, through an authorized representative, by fax or other electronic-transmission, or by mail. 4. The recertification from can be used as a new application if submitted in the 30 days after the end of the certification period. DELAYED PROCESSING:
The household must reapply for benefits by completing a new application and an interview if the recertification form is not submitted by the last day of the recertification period. However, IF a recertification form is submitted within 30 days after the certification period ends, it is accepted as a new application and processed allowing the household until the 30th day following the date of reapplication. If a new application is submitted, the application is processed using 30-day application processing policy. NOTE: If a household reapplies for recertification after its certification period ends, the application or recertification form must be screened for expedited processing. If the household contacts the OPA on or before the last day of the month, an interview must be scheduled for the earliest possible date or done on that day. After the interview, the eligibility staff member must send a notice requesting the household provide any necessary verifications within 10 days of the notice to complete the recertification. If the information/verification is provided within the 10 days or before the end of the certification period, the eligibility staff member must determine eligibility for the new certification period within five working days of the information/verification being received by the OPA. Benefits are not prorated. If determined eligible, the eligibility staff member must send the approval notice and the appropriate reporting requirement notices to the household. If the information/verification is provided within 10 days but the household is determined ineligible, or if the information/verification is not provided within the 10 days or before the end of the certification period, the eligibility staff member must send the household the appropriate denial notice according to the reason for the denial. If a household submits a recertification form and completes the interview but the recertification was not processed within 30 days of the recertification form being filed due to an agency caused delay (SNAP 104-1), the recertification is processed and if determined eligible, benefits are not prorated. If the household submits a recertification form before the end of the certification period but does not complete the interview or does not submit the required verification, it has 30 days after the end of the certification period to be interviewed and to have the recertification form be treated as an application for recertification. A new application is not required. The information on the recertification form is updated at the interview. The household must be given 10-day notice to provide verification to process the recertification. If determined eligible, benefits are prorated from the date the verifications are received. If the household takes the required action before the end of the certification period, benefits are not prorated. If the household takes the required action 30 days after the end of the certification period, benefits are prorated from the date the household takes the required action.
CHANGES REPORTED AFTER THE INTERVIEW BUT BEFORE THE NOTICE OF ELIGIBILITY: A household is required to report all changes related to its eligibility and benefit amount at the recertification interview. A household is required to report changes according to its reporting requirements after receiving the recertification notice of eligibility (approval notice).
If a change is reported after the interview but before the notice of eligibility (approval or denial notice) is mailed, the eligibility staff member must act on the change within 10 days of the change being reported regardless of the household's reporting requirements. This change must be included in the recertification eligibility determination. Benefits must not be delayed (held or pended) beyond cutoff date of the recertification month waiting for verification. If there are not 10 days before cutoff to verify a change, the recertification eligibility determination is based on information requested at the interview. VERIFICATION AT RECERTIFICATION: All pertinent case information, including all income and expenses will be verified at time of Recertification. This includes the following: 1. All earned and unearned income. 2. Shelter expenses and utility expenses including rent/mortgage, homeowner’s insurance, property taxes, must be verified. (SNAP 602-4) 3. All household Medical Expenses. 4. The household’s legal obligation to pay child support, the obligation amount, and monthly child support amount the household actually pays to a non-household member. 5. All ABAWDs must verify work hours if they are meeting the work requirement by working. An ABAWD’s participation in the SNAP Employment and Training Program, or participation in a work program that is not operated or supervised by the state must also be verified. 6. Other information, such as dependent care, student status, fleeing felon, drug conviction, etc. 7. Other information that has changed. NOTICE REQUIREMENTS: If a household is determined eligible at recertification, the eligibility staff member must send the household the recertification approval notice, the appropriate reporting requirement notice, and the school breakfast/lunch program notice if applicable on the same day eligibility is determined and approved. If the household is determined ineligible, the eligibility staff member must send the household the appropriate denial notice according to the reason for denying the recertification. DOCUMENTATION: The eligibility staff member must document in case notes in sufficient detail so individuals reviewing the case (Hearing Officers, Management Evaluation Reviewers, Program Integrity Auditors, Claims and Recoveries Financial Investigators, Quality Assurance Specialists, Supervisors federal auditors, etc.) can determine the reasonableness and accuracy of the prospective eligibility determination and benefit amount. Effective Date: February 25, 2026 Revised Date: July 1, 2026
SNAP 1503-1 CASE MANAGEMENT Notice of Adverse Action Supersedes: FS 1503-1 (06/01/2021) Reference: 7 CFR 273.13; 7 CFR 273.10; 7 CFR 273.18 Overview: In most instances, the eligibility staff member must provide the household with a notice of adverse action when reducing or terminating benefits within the certification period. The two types of adverse action notices are timely and adequate. NOTICE REQUIREMENTS: All notices must be sent from CHIMES and include the following: 1. A statement of what action the OPA intends to take or has taken; 2. The reason(s) for the intended action; 3. The specific State and Federal regulations supporting such action; and 4. An explanation of the household’s right to request a hearing, including: a. How to obtain a fair hearing; b. The right to representation at the hearing, including information on obtaining legal assistance; c. The circumstances under which benefits are continued if a hearing is requested, including the claimant's liability for any benefits incorrectly provided while awaiting the hearing if the hearing officer's decision is adverse to the claimant; and, d. The name and telephone number of the person to contact for additional information. TIMELY NOTICE: Timely notice must be mailed at least 10 calendar days before the effective date of action. All adverse action notices must be timely EXCEPT as indicated in the ADEQUATE NOTICE section below. ADEQUATE NOTICE: Adequate notice must be mailed no later than two working days after CHIMES cut off. CHIMES cut off is the fourth working day from the last calendar day of the month. Staggered SNAP issuance is not taken into consideration when determining adequate notice time frames.
Adequate notice can only be sent in place of timely notice when the following conditions are met: 1. The household reports information which results in decrease or termination of benefits; and, 2. The report is in writing and signed by a household member; and, 3. The OPA can determine the household's allotment or ineligibility based solely on the information provided by the household; OR 4. Adequate notice is sent when a household member is disqualified for an Intentional Program Violation (as determined by an administrative disqualification hearing or a court decision) and the benefits of the remaining members have been reduced or terminated to reflect the disqualification of the member. Adequate notice also applies when the household has signed the 'Waiver of Right to Disqualification Hearing.’ 5. Adequate notice is sent when a Simplified Report form is received by the 8th of the month and verification is not received within 10 days or is received and results in case closure or decreased benefits. NOTICE IS NOT REQUIRED: Although it is a best practice to send a CHIMES notice for all adverse actions, a notice is not required in the following situations: 1. Benefit changes considered mass changes (SNAP 1501-2, numbers 1-5). NOTE: Adequate notice of benefit changes resulting from any other mass change must be sent (SNAP 1501-2, numbers 6-8). These changes include COLA increases for RSDI, SSI, TANF Cash, Tribal TANF, and GA. In addition, an adequate notice must be sent for mass changes caused by legislative or regulatory changes which effect eligibility and benefit criteria. 2. It is reliably determined that all household members have died. NOTE: When benefits are changed due to one household member dying, a notice is required. 3. It is reliably determined that a household moved out of state, (e.g., returned mail has out of state forwarding address), or collateral contact confirms a household applied for SNAP benefits in another state. 4. A household was receiving restoration of lost benefits, and the restoration is complete. The household was previously notified in writing of the date the increased allotment would terminate. 5. The household was notified in writing at the time of certification (application or recertification) that the allotment would vary from month to month during the certification period to reflect changes anticipated at the time of certification. NOTE: This written notice must state exact allotment amount for each month. If an exact allotment cannot be determined at certification, a separate notice must be mailed when a determination is made. 6. If the application is a joint TANF/SNAP application, the household was notified in writing at the time of certification that SNAP benefits are reduced upon receipt of a TANF grant. 7. When expedited benefits were provided to a household for whom verification was postponed. The household must have received written notice that the receipt of benefits beyond the expedited period is contingent on its providing the postponed verification.
8. A Drug and Alcohol/CMHC facility lost its certification from the Department of Public Health and Human Services or its status as an authorized representative is suspended by Food and Nutrition Services disqualifying it as a retailer. However, residents of group living arrangements applying on their own behalf are still eligible to participate. 9. The household requests in writing its benefits be terminated. However, if the request is verbal, a notice confirming the voluntary termination must be sent to the household. Effective Date: December 12, 2022
SNAP 1504-1 CASE MANAGEMENT Over-Issuance Supersedes: SNAP 1504-1 (10/25/2022) Reference: 7 CFR 273.18(a), (d), (g), (3); 7 CFR 273.16 Overview: Evaluate the possibility of an overpayment claim against any household who received more SNAP benefits than it was eligible to receive (regardless of whether the household is currently participating in SNAP). Repayment of an over issuance is the legal responsibility of all household members aged 18 or older who were required household members during the overpayment period. SNAP overpayments are pursued for both agency- caused and household-caused errors. EXCEPTIONS: 1. For closed cases only, do not establish overpayment claims under $125 unless: a. There is evidence of an Intentional Program Violation (IPV); or, b. The claim was the result of a Program Compliance review. NOTE: If a claim was established for less than $125 on a closed case, a request should not be made to remove the claim. 2. A claim must not be established if the over issuance occurred due to the eligibility staff member failing to ensure that the household signed the application, recertification, six- month report, or work registration forms. CLAIM REFERRAL MANAGEMENT: SEE BUSINESS PROCESS: SNAP Overpayment Referral CATEGORICALLY AND EXPANDED CATEGORICALLY ELIGIBLE HOUSEHOLDS: Claims against CE and ECE households are only established when the claim can be calculated based on changed net adjusted income and/or household size. Other issues unrelated to net income or household size such as resources do not result in overpayment claims. EXPEDITED: An overpayment must be pursued and processed in the following expedite situations:
1. If a household is certified under expedited service, and it is later discovered that the household intentionally misrepresented their circumstances. 2. If a household inadvertently provides incorrect information at expedited intake. 3. If an agency-caused error causes an overpayment when processing an expedited application. These errors include but are not limited to: a. Not verifying anticipated new income. b. Not verifying a stated job-end. c. Not verifying out of state benefits. d. Not verifying a stated lack of income. e. Any other administrative error. GROUP HOME, DRUG/ALCOHOL TREATMENT AND REHABILITATION PROGRAMS: Group homes are liable for repayment of agency and household-caused overpayments when representatives of the group home act as authorized representatives (SNAP 201-6). Residents of drug/alcohol treatment and rehabilitation programs are required to designate the drug/alcohol treatment, rehabilitation, or mental health center as authorized representatives (SNAP 201-7). Drug/alcohol treatment, rehabilitation, and mental health centers are liable for repayment of agency and household-caused overpayments. The household’s benefits must not be reduced to repay the over issuances. CHILD SUPPORT/TANF: All child support income received after initial TANF or Tribal TANF benefit authorization is excluded income due to the requirement to turn the money over to the Child Support Services Division (CSSD); there is no SNAP overpayment in this situation. However, if the Tribal TANF program does not require that child support income to be turned over to CSSD, a SNAP overpayment may exist. DUAL PARTICIPATION: The State where duplicate benefits were authorized is the State that establishes the claim. This is the State that issues benefits AFTER another State has already issued benefits for the same month. TYPES OF CLAIMS: 1: AGENCY-CAUSED ERRORS 2: HOUSEHOLD-CAUSED ERRORS: Inadvertent Household-Caused and Intentional Household- Caused (IPV): When a household was over issued benefits, the eligibility staff member must determine if the error was agency or household caused. An error is considered an agency-caused error if caused by:
1. An eligibility staff member’s action or failure to act on known information. 2. An eligibility staff member incorrectly applying policy. 3. An eligibility staff member’s action which results in an incorrect CE/ECE determination, and the claim can be calculated based on a change in net income and/or household size; or, 4. The Social Security Administration (SSA) failed to take an action that resulted in the household incorrectly being determined categorically eligible. Agency-caused errors include but are not limited to: 1. The eligibility staff member failed to act timely (within 10 days) on a reported change. 2. A computation error was made or policy was applied incorrectly. 3. A change in the SNAP allotment was not made after changing the TANF cash grant. NOTE: If the eligibility staff member could have known information at application, recertification, the six-month reporting period or when adding a household member via a query but does not query or does not correctly query the other computer systems, it is considered an agency caused error. An error is considered a household-caused error when the household failed to report, provide information, or provided incorrect information. The eligibility staff member must determine if the household inadvertently or intentionally caused the error. Errors caused because of one of the following are considered inadvertent household-caused errors: 1. A misunderstanding or unintended error on the part of the household. 2. A misunderstanding or unintended error on the part of a CE/ECE eligible household provided the claim can be calculated based on a change in net income and/or household size. Inadvertent household-caused errors include, but are not limited to, those claims in which the household: 1. Unintentionally failed to provide correct or complete information. 2. Unintentionally failed to report changes in household circumstances; or, 3. Received continued benefits pending the outcome of a Fair Hearing and the decision determined the household was ineligible or received an over issuance. Intentional household-caused errors include, but are not limited to, those claims in which a client intentionally: 1. Makes a false or misleading statement. 2. Misrepresents, conceals, or withholds facts; or, 3. Commits any act that constitutes a violation of the Food Stamp Act or regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits (SNAP 1505-1).
Overpayments determined to be a household-caused error must be evaluated for Intentional Program Violations (IPVs). Quality Assurance Division staff determine if an IPV occurred; eligibility staff members do not make this determination. Household errors must have a case note documenting whether an IPV referral has been completed. The case note must include justification to substantiate this decision. If an IPV is not being pursued the case note must include justification to substantiate this decision. Case notes must be entered at the point of discovery, throughout the investigation and when the claim is established. Clients are informed about their rights and responsibilities (SNAP 103-3) and their reporting requirements (SNAP 1501-1). Therefore, the household cannot simply state they did not understand their reporting requirements, forgot to report changes or unintentionally caused the error. For the error to be considered an ‘inadvertent’ household error, substantiated circumstances must be documented that confirm the error was inadvertent; examples include, but are not limited to: 1. Client has a documented mental condition that causes comprehension or memory problems. 2. Income was reported untimely, but the client relocated to a domestic violence shelter during the reporting time frames, causing the untimely reporting. All possible IPV disqualifications are referred to the Program Compliance Unit even when an over issuance is not established (SNAP 1505-1). All household-caused over issuance claims are initially established as inadvertent household-caused errors. REFUSAL TO COOPERATE: When the eligibility staff member discovers information not reported according to the client’s reporting requirements, a request for information notice is sent requiring the household to submit information/verification within 10 days of the notice. This notice must stipulate specific information being requested. If the household refuses to provide the required information/verification (e.g., actual wage amounts) the case must be closed (timely notice must be provided). A program and person alert should be set. The client may be required to respond to the request in writing or over the telephone, but not in person. The eligibility staff member should attempt to obtain the information from the source (e.g., employer). If the information/verification cannot be obtained, a case note is entered stating there is an outstanding claim issue and include specifically what information/verification is needed to determine the claim amount. If the case is closed and the household later reapplies, it must cooperate by providing information necessary to calculate the claim. The new application is denied if the household continues to refuse to cooperate with providing verification of actual income during the overpayment period.
EXCEPTION: If the household is entitled to expedited services, the application must be approved for the first month and the second month is pended for the information/verification. When the application date is on or after the 16th (SNAP 105-1), the third month is pended for the information/verification. EXCEPTION: If the household is unable to obtain the information/verification due to no fault of their own, the new application can be approved, and benefits are not pended for the information/verification. The eligibility staff member must case note why the information could not be obtained. PROGRAM COMPLIANCE INVESTIGATOR: A request for contact cannot be issued as an attempt to require an individual to meet with, or supply information to a fraud investigator. Threatening to terminate the individual/household for failure to respond to a request for contact, when the response involves communicating with a fraud investigator, circumvents the right to remain silent. An individual does not face closure if the accused fails to attend an Administrative Disqualification Hearing (ADH), nor is the individual determined guilty of the IPV for failure to appear at the ADH unless the State can successfully argue its case before the hearing official. An individual cannot be closed for failure to cooperate in a fraud investigation. ESTABLISHING CLAIM TIMELY: For agency-caused and inadvertent household caused errors, a claim must be established for any over issuance not to exceed 12 months retroactively from the month of discovery. For Intentional Program Violation (IPV) errors, a claim must be established back to the month the IPV act occurred. Amounts that occurred more than six years prior to the eligibility staff member becoming aware of the overpayment are not included. The eligibility staff member must establish a claim and send both a demand notice and over issuance history notice by the end of the quarter following the quarter that the overpayment is first identified. A quarter is identified as January - March, April - June, July – September, and October - December. Therefore, an error discovered in February must have a claim established by the end of June. These dates also apply to over issuances that have been identified by a finalized Program Compliance review. EXCEPTION: Case corrections for Quality Assurance reviews, Management Evaluation reviews, and National Directory of New Hire cases must be completed based on each review’s correction procedures. NOTE: All claims must be established even if they are not established timely. A Supervisor must review all overpayment claims for accuracy and timeliness of the claim. The overpayment claim must be approved by the supervisor and this approval must be documented in a case note.
DETERMINING 1ST MONTH OF OVERPAYMENT: The first month of overpayment is determined according to the household’s reporting requirements. (SNAP 1501-1). All required unreported changes and changes that are not reported timely must be evaluated for a possible IPV disqualification (SNAP 1505-1). NOTE: When determining if a change was reported timely, deadlines that fall on weekends and holidays must be extended to the next working day. LOSS OF DISREGARDS: If the income was not reported timely, earned income disregards cannot be allowed on the portion that was not reported/verified timely. CALCULATING AN OVERPAYMENT: For Change Reporters: when an error is discovered, request verification of actual element(s) that caused the error to calculate the overpayment. For Simplified Reporters: the amount of the claim is based on the corrected circumstances that should have been used at certification, Simplified Report, recertification or when a change was reported/discovered that required action. QUICK CHART FOR CALCULATING CLAIMS The actual steps for calculating a claim are You. . . Unless. . . Then. . . (A) determine the correct amount of benefits for each month that a household received an overpayment, making sure to base this amount on the household’s reporting requirements (B) do not apply the earned income deduction to that part of any earned income that the household failed to report in a timely manner when this act is the basis for the claim the claim is an Agency caused Error claim apply the earned income deduction. (C) subtract the correct amount of benefits from the benefits actually received. The balance is the overpayment amount this answer is zero or negative dispose of the claim referral. (D) reduce the overpayment amount by any EBT benefits expunged from the household's EBT benefit account. The difference is the amount of the claim you are not aware of any expunged benefits the amount of the overpayment calculated without EBT expunged benefits is the amount of the claim.
UNDER ISSUANCE: If more than one past month is being re-evaluated, all overpayment months are totaled into one overpayment claim. If some of the months reworked result in an under issuance, the restoration should only be authorized if the error was agency caused (SNAP 1504-2). OFFSETTING CLAIMS: When the initial allotment is issued untimely, but within 60 days of application, it can’t be reduced to offset an existing overpayment. If an overpayment claim has not yet been established and there is also an under issuance that needs to be authorized, both actions must be taken. If there is an open overpayment claim for months prior to the underpayment month, the entire restoration (SNAP 1504-2) is applied to the oldest outstanding claim up to the total amount needed to satisfy the overpayment claim. If a household is entitled to a supplement and there is an open overpayment claim for months prior to the under-issuance month, the amount recouped will be $10.00 or 10% of the supplement, whichever is greater, up to the outstanding overpayment amount. Households determined to have committed an IPV must have an allotment reduction of $20.00 or 20% whichever is greater. FAIR HEARINGS AND CLAIMS: If the Administrative Law Judge does not agree with an overpayment amount, the Fair Hearing/Quality Assurance staff is notified. A QA Specialist recalculates the claim; the QA Manager approves it and notice is sent to the household. METHODS OF REPAYMENT: 1. Lump Sum Payment – the household may make a cash or SNAP payment for the entire claim amount. The household should not be required to liquidate all its resources to make this lump sum payment. 2. Installment Payment – If the household is unable to repay with a lump sum, payments may be accepted in regular installments or a partial payment and regular installments for the balance. 3. Allotment Reduction – This method is automatically used for all households still receiving SNAP benefits. Recipient households may choose lump sum or installment payments in addition to allotment reduction. The allotment reduction is $10.00 or 10% of the current allotment, whichever is greater. Households determined to have committed an IPV must have an allotment reduction of $20.00 or 20% whichever is greater. The household can elect to have a higher dollar amount (not percent) deducted by sending a
request to QAD. Allotment reductions for households with outstanding claims who reapply for assistance will begin with the first FULL month’s allotment. QAD maintains a record of:
a. The full allotment amount the household is eligible to receive. b. The amount withheld from the household’s monthly allotment; and, c. The amount the household actually receives. SNAP benefits not accessed in 274 days are expunged and no longer available to the household. If there is an outstanding overpayment, the benefits are applied towards the overpayment prior to being expunged. This is completed at Central Office. 4. Treasury Offset Program (TOP) - Accounts that are delinquent for 90 days or more will be referred by QAD to TOP or the Department of Revenue for collection. Funds that can be recouped include federal salaries, income tax returns, Social Security benefits, and any warrants issued through the State Department of Revenue. Concerns regarding collections are to be referred to QAD. 5. Offset Debt with Electronic Benefit Balance – SNAP clients may request the eligibility staff member to apply funds toward repayment of an overpayment claim from their Montana Access account. To remove funds from the EBT account: a. The eligibility staff member completes a 'Request to Offset’ form HCS/SNAP- 004. This is applied as a one-time reduction and is not for future ongoing reductions. The household's signature is required on the form. One copy must be provided to the client and the original scanned into the client file in Perceptive. After scanning it into Perceptive, the eligibility staff member must send an email to Julie Nepine, jnepine@mt.gov. The email must include the case number, Perceptive document number for the SNAP-004 form, and indicate the amount the client requested to be deducted, OR b. SNAP clients may also verbally request to apply funds toward repayment of an overpayment claim from their Montana Access account by contacting QAD, 406- 444-2978.
NOTE: Clients should contact EBT Card Customer Service for the balance in their account prior to completing the form to ensure there is the amount of benefits in the account that they want to use for repayment. COMPROMISING CLAIMS: The Department may compromise or reduce an overpayment claim or any portion of an overpayment claim if the Department determines that the household’s financial, mental, or physical situation will prevent repayment of the overpayment claim within three years. Compromises are determined per program. TANF and SNAP overpayment claims cannot be combined when determining compromise.
Compromise will only be considered for: A. Agency caused error claims; and, B. Inadvertent household caused error claims. Compromises will not be considered for: A. Suspected/Established Intentional Program Violation Claims. B. Claims due to receiving continued benefits pending a Fair Hearing; and, C. Court ordered restitutions. Clients should be referred to QAD at 444-2978 for how to request a compromise or reduction of their claim. Revised Date: March 10, 2023
SNAP 1504-2 CASE MANAGEMENT Under-Issuance Supersedes: FS 1504-2 (06/01/2017) Reference: 7 CFR 273.17; 7 CFR 273.18(b)(2) Overview: When it is determined that a household received fewer benefits than they were entitled to, the eligibility staff member must take necessary actions to correct the under-issuance. Under-issuances are corrected by either restoring or supplementing benefits. RESTORATION is an additional benefit issued for a past month. SUPPLEMENT is an additional benefit issued for the current month. BENEFITS NOT SUPPLEMENTED OR RESTORED: Households that fail to report changes timely are not entitled to restored or supplemented benefits. When a household fails to report a change resulting in an under-issuance, the only required actions are to correct the ongoing case, document case notes and send appropriate notices. If Program Compliance establishes a household-caused under-issuance error, the eligibility staff member does not adjust the review month, but instead updates the case for all months after the review months and documents the Program Compliance review findings in case notes. NOTE: Due to differing requirements, it cannot be assumed the amount of under-issuance determined by Program Compliance is the amount for restoration. Therefore, eligibility staff must run their own budget to determine the correct restoration amount. CAUSE OF RESTORATION: Benefits are restored for an under-issuance if the cause of the under-issuance meets one of the following: 1. The loss was caused by the agency (including agency-caused error). 2. An administrative disqualification for intentional program violation is reversed; or, 3. The federal regulations specifically state that a household is entitled to a restoration for lost benefits.
OFFSETTING CLAIMS: When the initial allotment is issued untimely, but within 60 days of application, it can’t be reduced to offset an existing overpayment. If an overpayment claim has not yet been established and there is also an under-issuance that needs to be authorized, both actions must be taken. If there is an open overpayment claim for months prior to the underpayment month, the entire restoration (SNAP 1504-2 Under-Issuance) is applied to the oldest outstanding claim up to the total amount needed to satisfy the overpayment claim. If a household is entitled to a supplement and there is an open overpayment claim for months prior to the under-issuance month, the amount recouped will be $10.00 or 10% of the supplement, whichever is greater, up to the outstanding overpayment amount. Households determined to have committed an IPV must have an allotment reduction of $20.00 or 20% whichever is greater. TIME LIMITS FOR RESTORING: Benefits must be restored if the loss occurred no more than 12 months from the most recent of the following events: 1. The date the household, another person or agency notifies the OPA of the possible loss to that specific household. Notification to the OPA can be oral or written. 2. The date the OPA is notified or otherwise discovers that a loss to a specific household has occurred. 3. Benefits were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient took to receive restored benefits, they shall be restored for no more than 12 months from the date the court action was initiated. If the judicial action is a review of an action taken by the OPA, benefits are restored for a period of no more than 12 months from whichever of the following dates occurred first: a. The date the OPA receives the request for restoration; or, b. If no request is received, the date the fair hearing action was initiated. COMPUTING BENEFITS TO BE RESTORED: A household is entitled to restored benefits even if it is not currently receiving SNAP benefits. Restore benefits only for those months that the household actually received SNAP benefits not to exceed 12 months. EXCEPTION: Restored benefits may be issued for months a household was not actually receiving SNAP benefits if the household was incorrectly denied. If, due to an agency-caused error, an eligible household's application was denied or the eligibility staff member delayed benefits to an eligible household, the month of the application is considered the first month the loss occurred. The eligibility staff member must provide benefits retroactive to the date of application. If an eligible household made timely application for continued benefits and was not provided an opportunity to participate in the month following the expiration of its certification period, the month following the end of the certification period is considered the first month the loss occurred. If a household's benefits were erroneously terminated, the first month that benefits were not received as a result of the erroneous action is considered the month the loss initially occurred. After determining
the date the loss initially occurred, the loss is calculated for each month after the initial month until either: 1. The first month the error is corrected. 2. The first month the household is found ineligible; or, 3. The first month the household reapplied. Occasionally the household composition changes from the time the error occurred and the time the restoration is issued, (e.g., household splits into two different SNAP cases). When this occurs, the under- issuance is calculated using the facts of the household situation and composition at the time the underpayment occurred. Benefits are restored to the SNAP household containing the majority of the original household members at the time the error occurred. NOTE: If the household with the majority of members cannot be identified, located, or determined, benefits are restored to the household containing the Primary Information person at the time the error occurred. This would also occur when the number of original household members is unchanged. If an Intentional Program Violation (IPV) is reversed, the household is entitled to lost benefits during the months the individual was disqualified, not to exceed 12 months before the date of OPA notification. The amount restored is determined by comparing the benefit the household received with the benefit the household would have received had the disqualified member been eligible for each month the individual was disqualified, not to exceed 12-month limit. HHS QAD CLAIMS must be emailed to delete the claim and put the claim in “no recovery” status. The eligibility staff member restores the benefits and must email HHS QAD CLAIMS when the benefits are restored. Household participation in an administrative disqualification hearing in which the household contests the OPA's assertion of IPV is considered notification that the household is requesting restored benefits. CORRECTIONS ACCORDING TO REPORTING REQUIREMENTS: For both household and agency caused errors, the first month of overpayment/underpayment is determined according to the household’s reporting requirements. If an under-issuance occurs and the household is a change reporter, the correction is made using the actual circumstance that caused the under-issuance. If an under-issuance occurs and the household is a simplified reporter, the amount of the under- issuance is based on the corrected circumstances that should have been used at certification, simplified report period, recertification, or when a change was reported/discovered that required action. DISPUTED BENEFITS: If the household does not agree with the amount or any other action taken by the eligibility staff member to pay lost benefits, the household may request a fair hearing within 90 days of the date they are notified they are entitled to the benefits. When a fair hearing is requested before or during the period the lost benefits are being issued, the household continues to receive the under issued benefit amount pending the hearing decision. If the fair hearing decision is favorable to the household, the eligibility staff member will restore benefits in accordance with that decision.
The household may request a fair hearing if they believe they have been under issued benefits but the eligibility staff member disagrees. The eligibility staff member should document in case notes requests for under issued benefits, including justification for their decision and decision date. Households must be notified of the eligibility staff member’s decision. Effective Date: August 31, 2023
SNAP 1504-3 CASE MANAGEMENT Cash Management Supersedes: FS 1504-1 (04/01/08) Reference: 7 CFR 273.18; Montana Operations Manual (MOMS) Volume II, Section 2-1200; SB 413 2007 Legislative Session Overview: This policy establishes and maintains a system of internal controls over collections and deposits. The system provides a reasonable assurance that procedures for the collection of monies and the deposits are performed properly in the Offices of Public Assistance (OPA), Fiscal Bureau, Third Party Liability (TPL) Unit, and Child Support Enforcement Division (CSED). OFFICES: Dual control for incoming collections should be implemented. One person should not perform multiple duties such as record keeping and completing the Payment Receipt Form (HCS-562). These duties should be kept separate. Offices with one employee are the only exception to this rule. Open all sealed envelopes dropped off at the OPA. If the participant is present, request that he/she open the envelope for you. Do not mail a payment without including a Payment Receipt Form. Checks and money orders must be paid to the order of: 'Department of Public Health and Human Services or DPHHS'. If a two-party check from an insurance company is accepted for Third Party Liability (TPL), the recipient must write in the endorsement space 'Pay to the order of DPHHS' and sign below. Stamp all checks with the following endorsement at the time of initial receipt: 'For Deposit Only, To The Demand Account of the Montana State Treasury, DPHHS 6901'. This is the only allowable endorsement. The check is immediately recorded on an internal log by the first person receiving it. The log shall contain the followinginformation: 1. Check Date 2. Check/Money Order # (indicate if cash) 3. Payment Amount 4. 'Payer' Name and Address 5. 'Payee' Name and Social Security Number 6. Payment given to for Processing (employee name) 7. Employee Signature/Date (who received and logged payment) 8. Fiscal/TPL/CSED Receipt Received Date Once the payment is entered on the log, give the payment to the 2nd staff member to enter the information on the Payment Receipt Form. A separate Payment Receipt Form needs to be completed
for each payment. The staff member who enters the information on the log should not be the same person to fill out the Payment Receipt Form. If the client is present, make sure all the information is entered and he/she has signed and dated the Payment Receipt Form before he/she leaves. Check/Money Order Processing: The 2nd staff member enters all the pertinent information on the Payment Receipt Form and staples the check to Fiscal Bureau's, TPL's, or CSED's (pink) copy. This form is filled out for each check/money order received. Cash Processing: The 1st person who receives the cash counts it and enters the information on the log. The information is also written on the currency envelope along with the initials of the individual who accepted the cash. The cash and the envelope are delivered to the 2nd staff member to verify. While both staff members are present, complete the information on the envelope, place the cash inside, and seal the envelope. The 2nd staff person completes the Payment Receipt Form for each transaction and attaches Fiscal Bureau's, TPL's, or CSED's copies to the envelope. Cash cannot be accepted for SNAP payments. It must be a check or money order. Foreign Currency: Contact the Fiscal Bureau Accounts Receivable or Collection Supervisor to find out the rate of exchange immediately upon receipt. The second and third part of the form (yellow and pink) is attached to the check/money order or cash envelope and sent to the TPL Unit, CSED, or Fiscal Bureau. Separate the Child Support Payment Receipt Forms, TPL Unit Payment Receipt Forms and the Fiscal Bureau’s forms. Using an adding machine or an Excel spreadsheet, add all the checks/money orders and currency for each batch. Attach a copy of the adding machine tape or the spreadsheet to each batch of checks/money orders and/or currency, initial and date. Verify that the Payment Receipt Forms are already attached to the checks/currency. Mailing: Establish a daily deadline for all checks/money orders and currency to be processed. Mail every Friday or immediately upon receiving $200 in cash or if the total collections exceed $750. Send to DPHHS/Fiscal, TPL Unit, or CSED via regular mail. CSED payments are mailed to: TAPP; CSED; PO BOX 5955; HELENA, MT 59620. If you have questions concerning the CSED payments, contact Technical Accounting and Payment Processing (TAPP). Examples of CSED payments: 1. Child Support Repayment of Public Assistance Benefits 2. Child Support received after approval for TANF TPL Unit payments are mailed to: TPL UNIT; PO BOX 202953; HELENA, MT 59620. If you have questions concerning TPL Unit payments, contact Lana Haynes. Examples of payments sent to TPL: 1. Third Party Liability (TPL) 2. Accident Insurance Reimbursement 3. Estate Recoveries 4. Health Insurance Reimbursement 5. Premium Payment 6. VA Aid & Attendance 7. Conditional Assistance Examples of Medicaid payments:
1. Excess Resources 2. Unreported Income VA Unreported 3. Special Needs Trust 4. Conditional Assistance All of the other payments listed on the form are mailed to: DPHHS/ FISCAL; PO BOX 4210; HELENA, MT 59604. If you have Public Assistance Bureau questions or concerns, contact the individual program policy specialist. Examples of other payments include: 1. Food Stamp Allotment Repayment (Cash not accepted) 2. Cash Assistance Repayment 3. Interim Assistance Reimbursement (SSI) 4. TANF Benefits 5. Other TANF Supportive Service The fourth part of the form (gold) is retained at the Office of Public Assistance and attached to the log. Review log to identify and follow up on all missing yellow receipts from the Fiscal Bureau, TPL Unit, and/or CSED. If you have questions, contact Fiscal Bureau Accounts Receivable for help. Once the Fiscal Bureau, CSED, or TPL Unit signs and dates their copies, they will detach the bottom (yellow) copy to send back to the OPA. The OPA then enters the date returned on the log and files the (yellow) copy in the recipient's case file as proof of deposit. Effective Date: April 01, 2010
SNAP 1505-1 CASE MANAGEMENT Intentional Program Violation
Supersedes: FS 1505-1 (08/31/2019)
Reference: 7 CFR 273.1
Overview: After an error has been determined to not be an inadvertent household error (SNAP 1504-1), the Intentional Program Violation (IPV) unit will conduct Administrative Disqualification Hearings (ADH) in cases where facts of the individual case do not warrant criminal prosecution through the courts.
Fraud prevention begins with careful explanation of appropriate policy and regulations to the applicant or participant and an explanation of how these policies relate to the individual participant.
Areas in which recipient fraud most often occur are:
1. Unreported or misrepresented income. 2. Unreported or misrepresented household composition. 3. Unreported excess property or resources; and, 4. Duplicate cases in which a recipient receives benefits from more than one county or state at the same time.
Be particularly wary of inconsistencies in documentation or interview information in these areas.
INTENTIONAL PROGRAM VIOLATION/DISQUALIFICATION:
An applicant/participant is in violation of program rules if he/she:
1. Makes a false or misleading statement. 2. Misrepresents, conceals, or withholds facts; or, 3. Commits any act that constitutes a violation of the Food Stamp Act or Regulations or any State Statue relating to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits. NOTE: The Office of Public Assistance (OPA) is obligated to refer any case of alleged IPV to the IPV unit for investigation, regardless of whether the household received benefits. An IPV may be pursued any time a household commits an act as outlined above.
A caller wanting to report fraud can call (406)444-2979 or 1-800-201-6308.
IDENTIFICATION OF INTENT:
When an individual makes an application for assistance, he/she attests to the truth, accuracy and completeness of the information provided and declares he/she understands the penalty for providing false information or misrepresenting his/her circumstances. The applicant is informed of the responsibility to report changes in the household’s circumstances according to the household’s reporting requirements verbally by the eligibility staff member, by signing the ‘Rights and Responsibilities form’ and in the Notice of Eligibility. The eligibility staff member will case note the way the individual was informed. The individual is bound by this declaration throughout the eligibility period. Program information such as eligibility requirements and penalties for failing to comply and the individual’s rights and responsibilities are reviewed at each eligibility recertification.
As the eligibility staff member processes the application for ongoing benefits (acting on changes, etc.) if he or she discovers the current or reported information to be false, misleading, or not previously revealed, the individual is alleged to have intentionally violated program rules. More than one adult household member may be involved and can be subsequently found to have committed an IPV and be disqualified.
DISQUALIFICATION:
Disqualify the following individuals:
1. Those determined at an ADH to have committed the IPV. 2. Those who signed the waiver of the right to an ADH; and, 3. Those who signed the consent agreement in cases referred for prosecution.
NOTE: Adult household members who were not required to sign the application can be disqualified for an IPV.
DISQUALIFICATION PERIOD:
IPV unit completes the 'Action Taken on Your Waiver/Administrative Disqualification Hearing or By a Court of Law' form. The form lists the beginning and ending dates for the disqualification. IPV unit sends a copy of the form to the disqualified member(s) of the household and sends a copy of the completed form to the supervisor via an email attachment. Upon receipt of the form, the supervisor must take the appropriate action on the case and must send the household the appropriate notice(s) allowing for adequate notice of closure or decreased benefits. The form is filed in the household's case file.
Once a disqualification period is imposed, it continues uninterrupted until completed, regardless of the disqualified individual’s eligibility. Disqualification penalties will be imposed as if all disqualified individuals are eligible to participate at the time of the IPV determination even if the case is currently closed. He/she shall be disqualified for:
1. Twelve consecutive months for the first violation. 2. Twenty-four consecutive months for the second violation. 3. Permanently for the third violation.
4. Ten consecutive years for the first and second occurrence of misrepresenting residence or identity to obtain benefits in more than one state or in more than one household within the state; permanently for the third occurrence; or, 5. A court-ordered period due to Department of Justice prosecution. The following are federally mandated periods for fraud: a. Individuals found guilty in Federal, State, or local court of trading benefits for controlled substances or vice versa would be ineligible to participate for 24 months for the first offense and permanently for the second offense. b. Individuals found guilty in Federal, State, or local court of being involved in the sale or trade of firearms, ammunition, or explosives for benefits, or vice versa will be permanently disqualified. c. Individuals convicted of trafficking SNAP benefits of $500 or more will be permanently disqualified.
NOTE: Multiple violations may be pursued and imposed from a single investigation. Disqualification periods will run concurrently not consecutively. However, a claim must be established on all overpayments for each affected month regardless if an IPV is imposed.
NOTE: When a disqualification is not served and is later discovered, only the remaining sanction can be imposed. An overpayment must be established for those months that SNAP benefits were received when the household was not entitled.
Effective Date: 08/01/2022
SNAP 1506-1 CASE MANAGEMENT Requesting an Administrative Hearing/Continuation of Benefits Supersedes: FS 1506-1 (04/01/17) Reference: 7 CFR 273.15; ARM 37.5.304; .307; .313; .316; .318; .322; .325; .328; .331; .334; .503; .505. Overview: An administrative hearing is granted to any applicant who requests a hearing because their application is denied or is not acted upon with reasonable promptness and to any client who is aggrieved by any adverse action taken by the Department. The hearing request must be submitted, within 90 days of the Department’s action notice. A hearing request is defined as a clear expression by the applicant/client (claimant), or their authorized representative acting for them, that they want the opportunity to present their case to a higher authority. The freedom to make such a request will not be limited or interfered with in any way. The Department may assist the claimant to submit and process the request. The individual’s administrative hearing rights, how to request a hearing and/or continuation of benefits pending the hearing decision and repayment, if the decision is in favor of the Department are stated on the reverse side of the notice informing the individual of the Department’s action. If a verbal SNAP administrative hearing request is received, field staff should immediately email the administrative hearing request to the Office of Administrative Hearings (HHSOFH@mt.gov). The request must include the client’s name, mailing address, phone number and adverse action reason (e.g., SNAP closure). The verbal SNAP hearing request must be documented in case notes and indicate the hearing request was sent to the Office of Administrative Hearings. If the request was received by email, the email should be forwarded to the OAH (hhsofh@mt.gov) through the File Transfer Service (ePass). If a written request is received over the desk for SNAP, TANF and/or Health Coverage: date stamp the document, scan the document(s) to Perceptive under tab labeled Fraud/Integrity and sub tab labeled Administrative Hearing; and send an electronic scan of the documents to the OAH (hhsofh@mt.gov) the same business day of receipt. This scan must be sent to the OAH using the File Transfer Service (ePass). Once scanned and sent electronically to the OAH, the original copy may be shredded. The Supplemental Nutrition Assistance Program (SNAP) household may request an administrative hearing related to 'restoration of lost benefits' for benefits which were lost more than 90 days but less than one year prior to the hearing request or to dispute its current level of benefits at any time within the certification period. EXPEDITED:
Expedited hearings may be granted to households who request a hearing, but plan to leave Montana before a decision can be made under regular time frames (SNAP 1506-3). HEARING REQUEST DENIAL/DISMISSAL: 1. A hearing may be denied or dismissed when: a. The individual or their representative withdraws the hearing request in writing or verbally. b. The individual (or representative) fails to appear at the hearing without good cause; NOTE: The Hearing Officer may reschedule the hearing if the claimant shows good cause for failure to appear. A hearing cannot be dismissed when a claimant does not appear for an Administrative Review. c. The Department receives the request more than 90 days after the date the notice was mailed. d. Either federal or state law requires automatic benefit changes (unless the issue is incorrect benefit adjustments); or, e. The Hearing Officer does not have jurisdiction over the subject matter or the appeal procedure. f. A hearing request is determined abandoned because the claimant failed to appear or request reschedule, a notice of dismissal or denial (in which the claimant is offered the opportunity to explain his/her failure to appear), is sent to the claimant by the Hearing Officer. HEARING POSTPONEMENT: The household may request and is entitled to receive a postponement of a scheduled hearing. The postponement cannot exceed 30 days unless both parties agree. The Hearings Officer's decision may be extended for as many days as the hearing is postponed. For example, if the household postpones the hearing for 10 days, the household must be notified of the hearing decision within 70 days from the date of the hearing request. ADMINISTRATIVE REVIEW: An administrative review is offered to households that contest a denial of expedited services. Households are advised that use of an administrative review is optional and that it will in no way delay or replace the administrative hearing process. The administrative review is conducted by the Department representative and includes the household and/or its representative. An administrative review may lead to an informal dispute resolution. However, an administrative hearing must still be held unless the household makes a written or oral withdrawal of its hearing request. An administrative review for households contesting a denial of expedited services is scheduled within two working days unless the household requests that it be scheduled later. CONTINUATION OF BENEFITS: A hearing request filed within the period between the notice of action date and the action effective date may result in continuation (reinstatement) of benefits until a final hearing decision is rendered. Benefits are continued until the hearing decision unless: 1. The claimant specifically requests that continued benefits not be paid pending the hearing decision; NOTE: For the Supplemental Nutrition Assistance Program (SNAP) and Medicaid, when a hearing request
does not positively indicate the household has waived continuation of benefits; continue benefits on the eligibility determination authorized immediately prior to the adverse action notice, if the hearing request was received no later than the date on which the adverse action took effect. 2. The claimant does not turn in the request by the date the adverse action took effect. NOTE: If the notice of adverse action period ends on a weekend or holiday and a request for an administrative hearing and continuation of benefits is received the day following the weekend or holiday, the State agency will consider the request timely. The Department’s Representative must clearly and thoroughly explain the claimant’s responsibility to repay benefits received during the hearing process if the adverse action is upheld. Continued benefits are authorized when all financial and non-financial requirements are met, except for the issue in dispute, until a hearing decision is rendered. This includes an appeal to the Board of Public Assistance (1506-4). Changes reported during the benefit continuation period are acted on per the household’s reporting requirements. (See 'Reduction of Continued Benefits' below). If the decision is in the Department’s favor, recovery of benefits issued during the continuation period must be initiated, if appropriate, and/or the adverse action imposed. The household is not entitled to continued benefits if the hearing request is because benefits are denied at the time of recertification. REDUCTION OF CONTINUED BENEFITS: Once benefits are continued or reinstated, do not reduce or terminate benefits prior to the official hearing decision unless: 1. Eligibility ends for failing to meet any other eligibility requirements or time-limits are reached. a. ABAWD time limits have expired. b. The certification period expires, and the household fails to complete the certification process for ongoing benefits. 2. A change affecting the client’s eligibility or basis of issuance occurs while the hearing decision is pending, and the household unit fails to request a hearing after the subsequent notice of adverse action. 3. The Hearing Officer makes a preliminary determination (in writing and at the hearing) the sole issue is one of State or Federal law or policy and no issue of improper benefit calculation, misapplication, or misinterpretation of State or Federal law or policy exists; or, 4. A mass change affecting the client’s eligibility or benefit level occurs while the hearing decision is pending. (See SNAP 1501-2, 'Mass Change'). MASS CHANGE CONTINUATION: A mass change occurs when changes in either State or Federal law require automatic benefit adjustments for classes of recipients. When benefits are reduced or terminated due to a mass change, continue benefits at the prior amount only if the issue being contested is that: 1. Eligibility or benefits were improperly computed; or,
2. Federal law or regulation was misapplied or misinterpreted. NOTE: A Supplemental Nutrition Assistance Program (SNAP) administrative hearing cannot be dismissed solely because an issue is related to a mass change. SEE BUSINESS PROCESS: Fair Hearing Request Verbal and Fair Hearing Request Written Revised: August 22, 2022
SNAP 1506-2 CASE MANAGEMENT Administrative Review
Supersedes: FS 1506-2 (05/01/2021) Reference: 7 CFR 273.15; ARM 37.5.304; .307; .313; .316; .318; .322; .325; .328; .331; .334; .337; .503; .505 Overview: An Administrative Review is a meeting between the Department’s representative and the claimant and/or their representative, to resolving a dispute on the Department's action, to possibly avoid an unnecessary hearing or reduce confusion at the hearing. An Administrative Review will: 1. Identify the issues related to the adverse action; and, 2. If possible, resolve questions and issues relating to the adverse action to the claimant's satisfaction. REVIEW TIME FRAME: An Administrative Review must be held, completed, and a report submitted to the Hearing Officer within 15 calendar days from the date the Hearing Office sends the Review Request to the authority unless an expedited review is requested. The Department will assure that within 60 days of receipt of an administrative hearing request, the hearing is conducted, a decision is reached and the household and local OPA are notified of the decision. The Department may also offer administrative reviews to households adversely affected by an agency action. The Department will advise households that use of an administrative review is optional and that it will in no way delay or replace the administrative hearing process. The Administrative Review is held by telephone. When there is not a working phone number on file, the claimant is given the option of appearing at the OPA of claimant’s county of residence or calling the Department designee. EXPEDITED REVIEWS: When a client is adversely affected, an Administrative Review to review the denial of expedited SNAP benefits must be held within two working days from the denial date, or later, at the household's request. All ARs are done by phone unless the client does not have a working phone number.
GROUP REVIEWS: An Administrative Review may be held for a group when the: 1. Claimants agree to participate in a group rather than individually. 2. Cases involve related issues of State and/or Federal law, regulations, or policies; and, 3. Claimants (or representatives) involved must each be allotted time to present their case. RESCHEDULING: If the claimant cannot appear at the date and time initially set for the administrative review, reschedule it to a time and date that is more convenient for the claimant. If the claimant does not appear at the rescheduled conference, reschedule it again if the claimant has good cause as described below. GOOD CAUSE: The claimant may claim good cause for failure to appear at the scheduled Administrative Review conference because: 1. There is a temporary breakdown in transportation or childcare arrangements, NOTE: Transportation is considered to be available if the claimant has the use of a private vehicle, public transportation, or can ride with someone else, provided the claimant is not required to accept a ride under circumstances which a reasonable person would consider dangerous or unsuitable. 2. A temporary severe illness or injury serious enough to prevent attending the meeting. 3. Severe weather conditions which make travel impossible or dangerous as experienced by others in the community; or, 4. Any other circumstance which is beyond the claimant's control. REVERSAL/MODIFICATION ACTION: At any time during an Administrative Review, an adverse action may be reversed or modified, if circumstances warrant such action. In that case, a hearing does not need to be held unless the claimant protests the modified adverse action. If the claimant is satisfied with the modified/reversed determination, they must withdraw their appeal request. EFFECTS ON HEARING RIGHTS: An Administrative Review does not diminish, delay, or void the claimant's right to an administrative hearing. When the Administrative Review does not resolve questions and issues relating to the adverse action to the claimant's satisfaction, the Hearing Officer must proceed with the hearing. FAILURE TO APPEAR: When the claimant (or representative) fails to appear for an Administrative Review, without good cause, the Department’s representative will: 1. Dismiss the Administrative Review.
2. Complete 'Administrative Review Report; and, 3. Distribute to the Office of Administrative Hearings, the claimant, and upload into case file. The Hearing Officer will proceed with the hearing schedule and notify the claimant. CLAIMANT WAIVES REVIEW: The claimant (and/or representative) has the right to waive an Administrative Review. When the claimant chooses to do so, all exhibits and other pertinent items including a signed 'Administrative Review Report' are forwarded to the Office of Administrative Hearings, Helena. A signed form is not necessary if the request to waive the Administrative Review has been received verbally. ADMINISTRATIVE REVIEW REPORT: The Administrative Hearings Office sends 'Administrative Review Report', to the Department’s representative as notification of the hearing request. The Office of Administrative Hearings sends the hearing request to the Specialized Administrative Hearing email inbox. Upon receipt of this form, the Department’s representative must schedule the Administrative Review. Once the Review is completed, waived, or withdrawn, the Department’s representative completes the bottom portion of the form, having the claimant sign and check the appropriate box, and returns it to the Administrative Hearing Office. If the claimant orally withdraws from the hearing, the Department’s representative sends the completed Administrative Review Report to the claimant, Office of Administrative Hearings and uploads it into DMS case file. Effective Date: April 12, 2023
SNAP 1506-3 CASE MANAGEMENT ADMINISTRATIVE HEARING PROCEDURE Supersedes: FS 1506-3 (05/01/2021) References: 7 CFR 273.15, ARM 37.5.101 through 37.5.505 Overview: The Department is responsible to assure the client’s right to due process and the right to a hearing as stated in Section SNAP 1506-1. Hearings are conducted by an impartial official of the Department who has not been directly involved in the initial determination of the action in question. To meet due process standards, the Department has adopted these procedures. HEARING RECORD & TRANSCRIPTION: The hearing must be recorded and may have to be transcribed. The Office of Administrative Hearings is responsible for recording the proceedings and for transcribing the proceedings. The Office of Administrative Hearings will make the recording available on the State of Montana File Transfer Service at the Department Representative’s request. NOTE: Transcription is necessary only when a case is appealed to the Board of Public Assistance or upon a client’s request. NOTICE TO CLAIMANT: The Hearing Officer sends timely notice to the claimant/authorized representative by certified return receipt mail of the time, date, and place of the hearing. The claimant may request an earlier date as stated in Section SNAP 1506-1. CLAIMANT’S RIGHTS & ROLE: The claimant and/or representative has the right to examine the contents of their case file at any reasonable time prior to the hearing as well as during the hearing.
NOTE: The Department’s Representative is required to provide copies of all exhibits they plan to enter into the record to the claimant and Administrative Hearings Officer at least five days prior to the hearing.
NOTE: Upon request, make available, without charge, the specific materials, including the hearing rules necessary for a claimant or their representative to prepare for the administrative review and/or hearing.
The claimant/representative may not examine those portions of the case file which:
1. Are precluded by federal regulation. 2. Are precluded by directive of a medical professional; or, 3. Contain confidential information about someone other than the claimant.
The claimant/authorized representative may:
1. Present the case or have it presented by a legal counsel or another person. 2. Bring witnesses. 3. Advance arguments without undue interference. 4. Submit evidence to establish all pertinent facts and circumstances in the case at least five days prior to the hearing (evidence presented during a hearing must be considered even if it was not submitted five days prior to the hearing); and 5. Question or refute any testimony or evidence, including the opportunity to confront and cross- examine adverse witnesses.
DEPARTMENT’S ROLE:
The Department’s Representative must attend the hearing and present the case for the Department. The DPHHS attorney, regional and/or central office policy specialist or other authorized department representative may attend the hearing and present or participate in the case presentation.
When the issue in dispute is complex and/or appears to have legal ramifications, the Department representative will contact the Policy Specialist and request assistance from the Department’s Office of Legal Affairs. For example, issues related to funds placed in trusts or resource accessibility or if the claimant has indicated their legal counsel wishes to address state or federal law.
If the Administrative Hearings Officer requests a legal brief, the Department representative will promptly contact the Office of Legal Affairs and request them to prepare the brief.
The Department’s representative may:
1. Examine all materials the claimant intends to introduce at the Administrative Hearing. 2. Present its own evidence.
NOTE: Department representative is required to provide copies of all exhibits they plan to enter into the record to the claimant and Administrative Hearings Officer at least five days prior to the hearing.
3. Bring witnesses to testify on the Department’s behalf. 4. Question or refute testimony of the claimant/authorized representative and his/her witnesses; and, 5. Confront and cross-examine the claimant/authorized representative and his/her witnesses.
HEARING OFFICER’S ROLE:
The Hearing Officer may require:
1. Witnesses. 2. A party to comply with reasonable and appropriate orders or requests not in conflict with the rules and necessary to assure the orderly conduct of prehearing and hearing procedures or to avoid unnecessary proceedings or expense. 3. Depositions upon oral examination, or written questions. 4. Written interrogatories; and, 5. Other materials as necessary for the hearing.
NOTE: For this purpose, the Hearing Officer may, upon request of any party to the hearing, issue subpoenas for witnesses or subpoenas duce’s tecum.
The Hearing Officer has the right to:
1. Disqualify himself at any time on the filing of a timely and sufficient affidavit of personal bias or other disqualification. 2. Direct the parties to appear and confer in a prehearing conference to consider definition and simplification of the issues or other matters to aid in the orderly and efficient conduct of the hearing. 3. Allow, for good cause shown, a third party to represent a claimant as an authorized representative in those instances where written authorization of the claimant is not obtainable. 4. Take judicial notice of state and federal laws and regulations and facts within the general knowledge of the public; and, 5. Grant summary judgment according to the provisions of Rule 56, Montana Rules of Civil Procedure.
ACTION ON DECISION:
The Hearing Officer’s decision will be made within 60 days from the date of the hearing request. The decision becomes final unless the Department or the claimant appeals the decision to the Board of Public Assistance within 15 days of the mailing of the Administrative Hearing Decision (FS 1506-4).
NOTE: No action can be taken on the case until the 15-day limit for appeal has passed.
After the appeal period, if the decision is:
1. Favorable to the claimant, the Department’s Representative must correct any under issuance of benefits within 10 days of receipt of the hearing decision or,
NOTE: The Department’s Representative may take longer than 10 days if it elects to make the issuance correction in the next benefit month’s issuance.
2. Favorable to the Department (action is upheld), the Department’s Representative must establish an over issuance/overpayment claim to recover benefits issued pending the decision, if appropriate, and/or impose the adverse action prior to the next benefit issuance if timely notice can be provided (SNAP 1504-1).
HEARING RECORD:
If the Claimant or Department appeals the administrative hearing decision to the Board of Public Assistance, a record of the hearing proceedings will be compiled for the Board to review.
The hearing record is made up of:
1. The Hearing Officer's decision. 2. The verbatim transcript (if requested), or recording of testimony and exhibits; and, 3. All exhibits, papers, and requests filed in the proceeding.
The record is available to:
a. The claimant or representative at a place accessible to him/her at a reasonable time for inspection and copying.
NOTE: The place may be the OPA of claimant’s residential county or other location acceptable to all parties.
b. To the public for inspection and copying.
NOTE: Client name, address and any other identifying information must be kept confidential.
The Office of Administrative Hearings is responsible for preparing the record for the Board to review. An attorney from the Office of Legal Affairs will represent the Department at the meeting of the Board of Public Assistance. It is not necessary for the Department’s Representative to attend the Board's meeting unless they wish to do so. The Board will enter a written order stating whether the administrative hearing decision is upheld or reversed and will send copies of the order to the Claimant and the Department’s Representative. When the Department’s Representative receives the written order of the Board of Public Assistance, action should be taken as described in "Action on Decision", above.
EFFECTIVE DATE: April 12, 2023
SNAP 1506-4 CASE MANAGEMENT Board of Public Assistance Appeal and Judicial Review Supersedes: FS 1506-4 (05/01/2021) Reference: 7 CFR 273.15; ARM 37.5.331 through 37.5.334 Overview: Any party to an administrative hearing who does not agree with the hearing decision may appeal the decision. The appeal must be presented to the Board of Public Assistance Appeals, hereafter referred to as the Board. NOTE: If the party does not agree with the Board’s final decision, they may seek judicial review of the decision. APPEAL REQUEST: A request to appeal the hearing decision must be received within 15 days of mailing the decision. If a request is not filed within the 15-day period, the decision becomes final unless the party can show that good cause existing for failure to appeal timely. 1. The claimant and/or authorized representative is given an opportunity to: a. File exceptions. b. Submit briefs; and, c. Present oral argument. 2. The Department is represented by the Office of Legal Affairs. The Attorney: a. File exceptions. b. Submit briefs; and, c. Present oral argument. CONTINUING BENEFITS: Continue benefits, if appropriate, until the end of the month in which an adverse determination by the Hearing Officer is proposed. If the claimant files a request for Board appeal within 15 days, continue benefits: 1. Until the Board completes its review; and, 2. Through the end of the month in which the final decision is reached by the Board. BOARD OF APPEALS REVIEW:
The Board will render a decision after considering: 1. The Administrative Hearing Officer’s Proposed Decision. 2. Exceptions filed. 3. Briefs received. 4. Oral arguments; and, 5. The hearing records. From the date of the appeal request, the Board’s decision must be made within: 1. Forty-five days for SNAP; and, 2. Ninety days for all other programs. NOTICE OF BOARD DECISION: The Board will notify the following of its decision: 1. The claimant and/or representative. 2. The Department Representative; and, 3. Any other interested party. NOTE: The claimant and/or representative, Department Representative, and any other appropriate party will receive notification of the right to Judicial Review. IMPLEMENT DECISION: If the Board’s decision is: 1. Favorable to the claimant, within 10 days, Department Representative must act to correct any under issuance/payment of benefits. Or: 2. Favorable to the Department, within 10 days, the Department Representative must take the appropriate action to recover the amount of any benefits received and/or impose the adverse action. NOTE: When the court issues a stay of the action and the claimant seeks judicial review, suspend recovery of benefits pending the outcome of the judicial review. JUDICIAL REVIEW: A party to an appeal who does not agree with the Board’s final decision may seek judicial review of that decision. The party must file a petition in the district court within 30 days after date of the Board’s final order. NOTE: A “party to an appeal” includes the claimant or authorized representative, a real party, or the Department. NOTE: Do not continue benefits to the claimant during the judicial review except by court order.
Effective Date: April 12, 2023
SNAP 1507-1 CASE MANAGEMENT Case Notes
Supersedes: FS 1507-1 (09/19/2022) Reference: 7 CFR 273.12 and 273.2(f) Overview: Documentation in case notes, within the eligibility system, support actions taken, and decisions made concerning eligibility/benefit determination and status of the case. Documentation must be in sufficient detail for a reviewer to determine the reasonableness and accuracy of the actions taken. DEFINITION: A clear, concise, complete, objective journal entry of significant facts, which justify actions taken, and support eligibility decisions made by an eligibility staff member, and actions taken. LEGAL RECORD: Case notes are a legal record of the Department's actions. They are used as evidence in various settings including DPHHS Fair Hearings, Administrative Disqualification Hearings, and Program Integrity fraud prosecution. Case notes serve the following purposes: 1. Chronicle a series of events. 2. Summarize non-financial and financial eligibility requirements. 3. Outline actions in cases of noncompliance. 4. List types and results of referrals. 5. Monitor compliance with eligibility and EP or SNAP Employment and Training (SNAP E&T) requirements. 6. Record SNAP ABAWD time-limits. Case notes are extremely important to document services/referrals provided to households and the outcomes. CASE NOTE ACCESSIBILITY: Upon request, case records, including case notes, are available to the filing unit and/or, if a release is provided, to their authorized representative. Case notes may also be viewed by other individuals involved in the eligibility determination such as Policy Specialists, Program Compliance Auditors, Regional Quality Assurance Reviewers, etc.
AMENDING CASE NOTES/SECURITY: Certain individuals engaged in administering public assistance programs have system security that allows them to record their specific actions within the case note section of the eligibility system. These individuals are: 1. Eligibility staff members. 2. Pathway Advocates. 3. Specific regional and Central Office staff. 4. System programmers; and, 5. Claims and Recovery Unit staff. Case notes are a legal record of case history. A case note should only be changed or updated by the original author the same day it is entered. If it is later determined an error was made in a case note, an amended case note needs to be entered to document the change or correction. MEDICAL CONCERNS: Case notes regarding medical conditions require extra caution due to both HIPAA guidelines and Medicaid regulations. Only the 'minimum necessary' information should be included, and this would rarely include an actual diagnosis. The documentation in case notes should be more generic, e.g., 'serious medical condition present, see case file' or 'medical condition present that restricts activities, see case file' or 'mental health issues present, see case file'. Those references will alert subsequent eligibility staff member to investigate when planning later participation activities and also assist Central Office in extended benefit application considerations. It is important to be especially cautious in case notes with medical information that has the potential for discriminatory action by others if disclosed. Medical conditions should not be listed unless required for eligibility purposes and even then, general terms should be used such as blind. GUIDELINES: The following is a partial list of some circumstances requiring a system case note. The list for each phase of the eligibility determination and case management is to be used as a guide and not as an all-inclusive list. APPLICATION/REDETERMINATION INTAKE: 1. List programs involved and household composition. 2. Details of interview: a. Who completed the interview? b. Unusual/questionable circumstances. c. What community resources were discussed/shared. d. What referrals were made; and, e. What forms/resources were provided. ELIGIBILITY REQUIREMENTS: 1. Non-financial: a. Explanation to support disqualifications/ineligibility such as alien status, unusual SNAP situation etc.
b. Reasons surrounding delays in processing. c. Unusual SNAP situations such as student status, separate household status, questionable work registration or ABAWD status; and, 2. Financial: a. Income - countable and excluded. b. Resources - countable, excluded and/or inaccessible/jointly owned. c. Vehicles - countable or excluded, licensed or unlicensed. d. Transfer of resource (SNAP and MA - aged/blind /disabled only); and, e. Explain questionable/unusual situations. 3. Income budgeting methodology used: a. Identify sources of income - earned and unearned. b. Earned income - hours worked, rate of pay, pay date(s), employment start/end dates, employer(s); and, c. Explain questionable/unusual situations 4. Expenses/disregards: a. Child support payments. i. Paid to whom? ii. What is amount legally obligated and amount paid? b. Dependent care. i. Who is providing care, if known? ii. What is third party payment vs. co-payment? c. Shelter costs (SNAP); and i. Whose obligation? ii. Utility allowance determination d. Medical expenses (MA, FMA, and SNAP). i. Whose expense? ii. What expenses and method used to determine amount? iii. Allowed as a deduction? why or why not? ELIGIBILITY CASE MANAGEMENT: 1. Change reports and other related changes. 2. Transferring, closing or other program requests. 3. ADH/IPV investigations. 4. Over/Under payments/issuance. 5. Fair Hearing requests and decisions; and, 6. Referral to other community/agency resources Effective Date: April 12, 2023
SNAP 1508-2 CASE MANAGEMENT Program Compliance Bureau Quality Control Reviews
Supersedes: SNAP 1508-2 (08/01/2022)
Reference: 7 CFR 275.12(g); 7 CFR 273.2(d); 7 CFR 273.8(h)
Overview: Quality Control (QC) reviews are conducted using a statistical sampling of cases. The reviews provide: 1. A systematic method of measuring the accuracy/validity of the SNAP caseload. 2. A basis for determining error rates. 3. Information to base corrective action plans at all levels of administration; and, 4. A basis for establishing the State Agency's liability for excessive error rates.
SHARED GOALS:
The SNAP and Quality Control Units share the common goal of improving the payment accuracy of SNAP cases by: 1. Making every reasonable effort that each case selected for review is eligible and receiving the correct allotment; and, 2. Maintaining the integrity of Quality Control (QC) rules and regulations.
HOUSEHOLD MISSES REQUIRED QC INTERVIEW:
To help understand this process, it is being split into two sections: 1) Failure to Cooperate, and 2) Refusal to Cooperate.
When the household misses their scheduled interview to complete their QC review, the Quality Control Reviewer (QCR) will contact the FOM requesting assistance in generating a General Notice to the household through CHIMES allowing ten (10) days to contact QC. The notice must be sent to the household within 3 business days of OPA’s receipt from QC. Please follow the detailed Business Process located in the PAUG when generating a General Notice for Request to Contact.
FAILURE TO COOPERATE: A household is determined by QC to be a Failure to Cooperate in the following instances:
1. The household does not respond to notices or messages left at the household’s address or with a non-household member, and the QCR is unable to verify the household received the notices or messages. 2. A collateral contact refuses to cooperate. 3. The household demonstrated a willingness to cooperate with the review but is unable to provide requested information because the information is not in the possession of the household. When the QCR has determined the individual is a Failure to Cooperate, the QCR notifies the Field Operations Manager (FOM), Regional Field Manager (RFM), and QC Supervisor, that the household has not been in contact with QC. The OPA Management (FOM or Supervisor) will enter a case note in CHIMES stating the household has not been in contact or cooperated with the QC review and if the client contacts OPA give the client the QCR’s contact information to complete the review. The case is not closed or disqualified for a Failure to Cooperate. REFUSAL TO COOPERATE: A determination of Refusal to Cooperate is made by the QCR when the household has the ability to take the actions that are necessary to complete the QC review process but clearly demonstrates that it will not take such actions. Such as: a household refusing to talk to the QCR, the certified mail-returned receipt of the missed interview notice was signed by a household member, but no contact is made with QC, or after contact with QC, the household does not complete the interview and/or provide the requested information to complete the review. When QC has determined an individual is a Refusal to Cooperate with a QC review, the QCR sends a disqualification letter to the FOM, RFM, and QC Supervisor stating the household has not cooperated with the review and a disqualification period must be imposed. The notice must be sent to the household within 3 business days of OPA Management’s receipt from QC. Please follow the detailed Business Process located in the PAUG when generating the Refusal to Cooperate disqualification.
The OPA Management must close the SNAP case with timely notice of adverse action. The household is disqualified even if the case closed for a different reason prior to receiving the disqualification letter and must be reverted to open to generate the disqualification period. Case notes must document that the individual and any household they are a part of is not eligible to receive SNAP benefits until they cooperate with the QC review, or the household reapplies for SNAP benefits 125 days after the end of the annual QC review period (SNAP 104-1).
The OPA Management must add the Refusal to Cooperate to CHIMES to help identify the disqualification. NOTE: This must be entered even if the case is already closed.
If a household reapplies for benefits during the disqualification period, the OPA must verify with QC that the individual has cooperated with QC before SNAP benefits can be issued (SNAP 104-1). NOTE: If a household does not cooperate with a QC review for SNAP and the case is open on TANF and/or Medicaid, the OPA should refer to each program’s policy manual for correct program policy.
QUALITY CONTROL REVIEWS:
The QCR reviews information gathered from all sources (e.g., case file, CHIMES, collateral contacts, etc.) and determines whether SNAP eligibility is determined correctly. The QCR contacts the OPA, if needed, to: 1. Notify the OPA if the case was dropped due to inability to locate. The OPA must take the appropriate action; and, 2. Work cooperatively with all parties involved in review process.
Effective Date: 03/30/2023
SNAP 1510-1 CASE FILE Retention/Archive/Destruction Supersedes: SNAP 1510-1 (04/01/2017) Reference: 7 CFR 272.1(f) Overview: Accurate case files must be maintained, with all required documentation available in Perceptive in accordance with State and Federal regulations. Perceptive has been programmed to meet these guidelines. PRIMARY ORIGINAL RECORDS: Primary original records must be retained for three full federal fiscal years (i.e., October 1, 2013 through September 30, 2016). Some documents must be retained longer as indicated later in this manual section. Primary original records are original information: 1. Generated or created during the application or maintenance process; and, 2. Not otherwise easily retrieved (e.g., application, budget sheets used to determine manually calculated over-issuance amounts, etc.). PERMANENT RECORDS: Documents stored in the permanent records section must be retained for three federal fiscal years from the date the case closed. NOTE: It is a best practice to retain resource and income verification that is not readily obtained by the client (i.e., trust funds, contract for deeds, life estates, annuities, retirement accounts, etc.) for three federal fiscal years after case closure. RECORDS RETAINED FOR THREE YEARS: The most recent copy of the following documents must be retained even if more than three years old. They can be destroyed three federal fiscal years after date of program closure. 1. Application for each program. 2. Authorization to release information/confidentiality forms for each adult (including but not limited to: HCS-101, -102 and -103); NOTE: When an authorization to release information form is used to collect medical information to determine eligibility or benefit amount for any program, both the form and the information obtained by using the form must be retained. 3. Rights and Responsibilities Form (if signed by the household). RECORDS RETAINED FOR PENDING CONCERN:
Primary original records related to the following situations must be for the duration of the concern. 1. Open fraud or IPV investigation. 2. Current litigation. 3. Open audit. 4. Open over-issuance claim. 5. Conditional Assistance (Agreement to Sell Property). NOTE: Documents supporting an over-issuance claim or Conditional Assistance (Agreement to Sell Property (HCS-97) must be retained for three federal fiscal years after the debt has been paid in full or after the participant has died. Effective date: December 29, 2022
Supersedes: FS 1701-1 (04/01/2017) References: Overview: For information regarding Tribal or judgment income, Per Capita income, Tribal loans, Indian Enrollment numbers, Individual Indian Money (IIM) Accounts, lease and inheritance income, BIA education grants, BIA supplemental payments, or BIA general assistance, write or call the following agencies: BIA-BILLINGS Rocky Mountain Regional Office AREA OFFICE Bureau of Indian Affairs 2021 4th Avenue North Billings, MT 59101 Telephone: (406) 247-7943 Fax: (406)247-7976 Regional Director: Darryl LaCounte BLACKFEET Bureau of Indian Affairs AGENCY Blackfeet Agency (Blackfeet Tribe) Social Services PO Box 850 Browning, MT 59417 (406) 338-7521 Blackfeet Tribal Business Council PO Box 850 Browning, MT 59417 (406) 338-3513 Fax-(406)338-7530 Tribal Council Chairperson: Illiff Kipp Sr. CROW AGENCY Bureau of Indian Affairs (Crow Tribe) Crow Agency Social Services PO Box 159 Crow Agency, MT 59022 (406) 638-2672 Crow Tribal Council PO Box 159 Crow Agency, MT 59022 (406) 638-1447 Tribal Council Chairperson: Frank White Clay FLATHEAD AGENCY (Confederated Bureau of Indian Affairs Flathead Agency Social Services Page 1 of 3
Salish and PO Box 278 Kootenai Tribes) Pablo, MT 59855 (406) 675-2700 Fax (406)275-2806 Tribal Council Chairperson: Tom McDonald FORT BELKNAP AGENCY (Assiniboine and Gros Ventre Tribes) Bureau of Indian Affairs AGENCY Fort Belknap Agency Social Services 158 Tribal Way, Suite B Harlem, MT 59501 (406) 353-2205 Fort Belknap Community Council 656 Agency Main St. Harlem, MT 59526 (406) 353-2205 Fax (406)353-4541 Tribal Council President: Jeffrey Stiffarm FORT PECK Bureau of Indian Affairs AGENCY Fort Peck Agency (Sioux and Social Services Assiniboine PO Box 637 Tribes) Poplar, MT 59255 (406) 768-2300 Fort Peck Tribal Executive Board PO Box 1027 Poplar, MT 59255 (406)768-2300 Tribal Council Chairman: Floyd Azure NORTHERN Bureau of Indian Affairs CHEYENNE Northern Cheyenne Agency AGENCY Social Services (Crow and PO Box 40 Northern Lame Deer, MT 59043 Cheyenne Tribes) (406) 477-8242 Northern Cheyenne Tribal Council PO Box 128 Lame Deer, MT 59043 (406)477-6284 Fax (406)477-6210 Tribal President: Serena Wetherelt ROCKY BOY’S AGENCY Rocky Bureau of Indian Affairs Rocky Boy’s Agency Page 2 of 3
(Chippewa and Social Services Cree Tribes) RR1 #542 Box Elder, MT 59521 (406) 395-4686 Chippewa-Cree Business Committee RR1, PO Box 544 Box Elder, MT 59521 (406) 395-5705 Tribal Council Chairman: Ken St. Marks Field Representative: Mamie Stump WIND RIVER Bureau of Indian Affairs AGENCY Wind River Agency (Arapahoe and PO Box 158 Shoshone Tribes) Fort Washakie, WY 82514 (307) 332-7810 Shoshone Business Council PO Box 217 Fort Washakie, WY 82514 (307) 332-4932 Northern Arapahoe Business Council PO Box 396 Fort Washakie, WY 82514 (307) 332-612 TURTLE MT Bureau of Indian Affairs AGENCY Turtle Mountain Agency PO Box 60 Belcourt, ND 58316 (701) 477-3191 Effective Date January 11, 2024 Page 3 of 3
SNAP 1702-1 Directory of Employment and Training Providers
Supersedes: SNAP 1702-1 (04/18/2024) Reference: 7 CFR 273.7 Overview: Effective 06/01/2025 Maximus will be providing SNAP E&T services in Big Horn, Cascade, Deer Lodge, Fergus, Flathead, Gallatin, Golden Valley, Judith Basin, Lewis & Clark, Lincoln, Missoula, Musselshell, Petroleum, Ravalli, Silver Bow, Wheatland, and Yellowstone counties. Initially services will only be available virtually with in-person options to be added at a later date. When Maximus receives a referral, they will contact the client and let them know what orientation options are available.
Provider:
Maximus’ contact information: Phone Number: 844-680-4700 Email: MT-ET@maximus.com Chat Us!: mt-et.com [mt-et.com]
Effective Date: June 1, 2025
SNAP 1704-1 DIRECTORIES Nutrition Education Programs
Supersedes: SNAP 1704-1 08/02/2023 Reference: 7 CFR 272.2(d)(2)(vii)(B) Overview: Nutrition Education and Obesity Prevention Program goals are to improve the likelihood that SNAP participants make healthy food choices within a limited budget and choose physically active lifestyles consistent with the current Dietary Guidelines for Americans, Physical Activity Guidelines, and the USDA food guidance.
SNAP-Ed: The Supplemental Nutrition Assistance Program Education (SNAP-Ed): The goal of SNAP-Ed is to improve the likelihood that persons eligible for SNAP will make healthy food choices within a limited budget and choose physically active lifestyles consistent with the current Dietary Guidelines for Americans and the USDA food guidance. Who’s eligible to participate in SNAP-Ed? Those eligible include SNAP participants or those who are ELIGIBLE for SNAP, which includes individuals who are low income or participating in other means-tested federal programs such as TANF, Medicaid, as well as individuals residing in communities with a significant low-income population. Montana’s SNAP-Ed program is currently implemented by Montana State University (MSU) Extension through a contract. Youth SNAP-Ed classes are provided at eligible schools to 1st, 3rd, and 5th grades during the school year. Adult classes are taught through a 6–9-week series of nutrition classes from the “Eating Smart-Being Active” curriculum, written and developed by Colorado State University. County and reservation-based nutrition educators lead interactive lessons for adults and youth across the state to help individuals learn easy meal planning according to MyPlate, stretching limited food dollars, increasing physical activity, discovering tasty and affordable ways to eat healthy, and improving skills for safe food handling and preparation. www.buyeatlivebetter.org EFNEP:
Expanded Food and Nutrition Education Program (EFNEP): EFNEP offers many of the same services as SNAP-Ed. EFNEP participants must have children in the household and are not required to be receiving SNAP benefits to receive EFNEP services.
REFERRALS: Eligibility staff are strongly encouraged to refer participants of all ages and backgrounds to the SNAP-Ed and EFNEP programs, as appropriate. Referrals are not mandatory but must be provided when individuals express an interest or appears the information may be of assistance to the household.
Virtual Courses are also available, refer interested clients to www.buyeatlivebetter.org for course information, registration, and updates.
CONTACTS: MSU Extension SNAP-Ed/EFNEP maintains the www.buyeatlivebetter.org website, Facebook, and Pinterest pages.
FFY24 SNAP-Ed/EFNEP
Site Counties and Contact Information
Counties Services Program Nutrition Educator(s) NEP Contact Big Horn County/ Crow Indian Tribal Organization (ITO) /Northern Cheyenne ITO SNAP-Ed
Lawrence Killsback (406) 665-9772 lawrence.killsback@montana.edu Blackfeet ITO/Glacier County SNAP-Ed Jodi Duncan and Kaitlyn Sharp (406) 873-8553 jodi.duncan@montana.edu Kaitlyn.sharp@montana.edu Blaine County/Ft Belknap ITO SNAP-Ed Ramona King (406) 353-2656 ramona.king@montana.edu Cascade County SNAP-Ed Nina Polk (406) 454-6980 nina.polk@montana.edu Deer Lodge SNAP-Ed Jennifer Friedberg (406) 723-0217 jennifer.friedberg@montana.edu Lake County/ Flathead ITO SNAP-Ed Havilah Burton and Tammy Sandberg (406) 883-2865 havilah.burton@montana.edu tammy.sandberg@montana.edu Lewis & Clark County SNAP-Ed Chloé Lundquist (406) 447-8456 chloe.lundquist@montana.edu Lincoln County SNAP-Ed Annette Galioto (406) 283-2452 agalioto@libby.org
Mineral County SNAP-Ed Jeanette Allday 406-827-6934 jeanette.allday@montana.edu Missoula County EFNEP Alyssa Foote and Molly Attwater (406) 258-4207 alyssa.foote@montana.edu molly.moran3@montana.edu Phillips County SNAP-Ed Ramona King (406) 353-2656 ramona.king@montana.edu Sanders County SNAP-Ed Jeanette Allday 406-827-6934 jeanette.allday@montana.edu Silver Bow County SNAP-Ed Jennifer Friedberg (406) 723-0217 jennifer.friedberg@montana.edu Yellowstone County EFNEP Lynn Olson, Melody Harris & Debbie Holman (406) 869-3547 lynn.olson1@montana.edu melody.harris@montana.edu
dholman@montana.edu Revised date: 06/30/2022 Revised date: July 11, 2024
Page 1 of 5 SNAP 0-1 Table of Contents SECTION SUBSECTION # TITLE/CONTENT DATE ISSUED/REVISED NUMBER 0-1 Table of Contents 07.0126 0-2 ALPHA Subject Index 05.01.21 0-3 Introduction 04.01.19 0-4 Glossary 03.28.23 001 Table of Standards: GMI & NMI Thrifty Food Plan 10.01.24 100 APPLICATION PROCESSING 101-1 Confidentiality 12.15.23 102-1 Civil Rights 03.07.23 102-2 General Complaints 03.06.24 103-1 Application Filing/Interview Process 05.6.26 103-3 Household Rights and Responsibilities 05.29.24 103-5 Verification 06.15.23 103-6 Voter Registration 07.06.22 103-7 Authorized Representative 05.23.24
Page 2 of 5 104-1 Application Approval or Denial 05.06.26 104-4 Re-application/Revert to Open 07.20.22 105-1 Expedited Services 05.06.26 105-2 Destitute Migrant and Seasonal Farm Workers 07.18.22 200 HOUSEHOLD COMPOSITION 201-1 Household Composition 10.15.21 201-2 Parental Control 07.18.22 201-4 Boarders 07.20.22 201-5 Students 07.20.22 201-6 Group Homes 07.20.22 201-7 Residents-Drug/Alcohol Treatment/Rehabilitation Programs 07.20.22 201-8 Shelters for Battered Adults and Children 07.20.22 201-9 Dual Participation, Commodities/SNAP 10.23.24 201-10 NAC-National Accuracy Clearing House 10.25.23 300 NONFINANCIAL REQUIREMENTS 301-1 Citizenship 07.25.22 301-2 Eligible Alien Status 12/10/25 301-3 Sponsored Aliens 03.06.24 303-1 Social Security Number 07.25.22 304-1 Categorical and Expanded Categorical Eligibility 10.01.24 400 RESOURCES 400 Resource Overview 10.01.24 401-1 Ownership/Accessibility/Equity 04.18.23 402-1 Countable and Excluded Resources 11.22.22 402-2 Native American Resources 08.01.22 402-3 Trust Funds 11.01.19
Page 3 of 5 403-1 Vehicles 10.01.22 404-1 Transfer of Resources Disqualification 08.01.22 500 INCOME 500 Overview
07.01.17 501-1 Unearned Income 12.26.24 501-2 Native American Income 05.16.22 502-1 Earned Income 05.19.22 503-1 Self-Employment Income 10.01.24 600 ELIGIBILITY AND BENEFIT DETERMINATION 601-1 Prospective Budgeting 10.01.22 602-2 Deductions 10.01.24 (Earned, Standard, Dependent Care and Child Support) 602-3 Deductions (Medical) 08.10.22 602-4 Deductions (Shelter) 10.01.24 602-5 Non-compliance Adjustment 08.10.22 700 WORK REGISTRATION 700 Overview
05.04.23 701-1 Work Registration Exemptions 01.16.24 702-2 SNAP Employment and Training Referrals 04.18.24 702.3 SNAP Employment and Training Provider Determinations 05.03.23 703-1 Good Cause 02.13.17 705-1 Disqualification 10.01.24 800 ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWD) 800 Overview
10.01.24 801-1 Countable Months/Exemptions 10.24.24 802-1 Geographic Waiver 10.01.24
Page 4 of 5 803-1 Disqualification/Regaining Eligibility 04.18.24 900 ISSUANCE 900 Overview
10.26.22 901-1 Replacement Conditions 10.19.22 902-1 Montana Access Card Returned/Re-mailed 04.17.26 903-1 Montana Access Card (EBT) Replacements 04.17.26 905-1 Montana Access EBT Expungements 04.02.26 1500 CASE MANAGEMENT 1500 Overview
12.12.22 1501-1 Reporting Requirements 10.01.24 1501-2 Mass Change 12.12.22 1501-5 Adding/Removing Household Member 06.15.23 1502-1 Recertification 07.01.26 1503-1 Notice of Adverse Action 12.12.22 1504-1 Over Issuance 03/10/23 1504-2 Under Issuance 08.31.23 1504-3 Cash Management 04.01.10 1505-1 Intentional Program Violation 08.01.22 1506-1 Requesting an Administrative Review/Continuation 08.22.22 of Benefits 1506-2 Administrative Review 04.12.23 1506-3 Administrative Hearing Procedure 04.12.23 1506-4 Board of Public Assistance Appeal and Judicial Review 04.12.23 1507-1 Case Notes 04.12.23 1508-2 Program Compliance Bureau-Quality Control Reviews 03.30.23 1510-1 Case File Retention/Archive/Destruction 12.29.22
Page 5 of 5 1700 DIRECTORIES 1701-1 Tribal and Indian Agency Offices 04.13.23 1702-1 SNAP E & T Operators 04.18.24 1704-1 Nutrition Education Programs 08.02.23 Updated: 05.29.2026