section-11 BUDGETARY METHOD

A. Determining Income Eligibility and Benefit Levels This section sets forth the SNAP budgeting methodology that determines eligibility and benefit levels. This methodology is the basis for the Welfare Management System (WMS) SNAP budgeting Logic. A good understanding of SNAP budgeting logic is critical to produce correct worker entered budgets and, ensure correct independent worker decisions in those instances where they are required. 1. Determining Appropriate Income Eligibility and Resource Limits As per INF 12-INF-12 social services districts are no longer required to provide the “Helping Hands for People in Need” (Pub-4916) in all applications for SNAP, formerly known as Food Stamps, benefits, including applications for Temporary Assistance (TA) and/or Medical Assistance (MA). The client approval notices provided at application and recertification, have the Helping Hands brochure information incorporated as an addition to the notice text. The receipt of this information ensures households that have gross income at or below 130% of the federal poverty level has received a Temporary Assistance for Needy Families (TANF)TA/Maintenance of Effort (MOE)-funded service that confers categorical eligibility for SNAP, if the household meets the appropriate Gross Income Test (GIT) or Net Income Test (NIT) dependent on household circumstances. Income Tests are calculated based on monthly income limits that are established and updated annually by USDA. These tests are required as part of the SNAP budget process as a means of determining financial eligibility for SNAP benefits. Specific household criteria determine which, if any, of the income tests are appropriate. There are five separate income tests in the SNAP program, each one is based on a percentage of the federal poverty level: • 100% Net Income Test (NIT) • 130% Gross Income Test (GIT) • 150% Gross Income Test (GIT) • 165% Gross Income Test (GIT) • 200% Gross Income Test (GIT) There are two separate resource tests in the SNAP Program, these tests only apply to households that are not categorically eligible. • Resource Test (Household without members aged (60 or older) and/or disabled (as defined in SNAPSB Section 5)) - $3,000 • Resource Test (Household with members aged (60 or older) and/or disabled (as defined in SNAPSB Section 5)) - $4,500 Each of the tests are describe in detail as follows: a. Households that include members who all receive Temporary Assistance and/or Supplemental Security Income (SSI) are categorically eligible. These households are not subject to the 130% GIT, 100% NIT or the SNAP Resource Test to be SNAP eligible. b. Households that don’t include members who are aged (60 or older) and/or disabled (as defined in SNAPSB Section 5) or do not pay dependent care expenses and whose gross income (earned and unearned) does not exceed 150% GIT are categorically eligible. These households are not subject to the 100% NIT or the SNAP Resource Test to be SNAP eligible. c. Households that include members who are aged (60 or older) or disabled (as defined in SNAPSB Section 5) and the household’s countable income is below the 200% GIT, are categorically eligible. These households will not have to pass the 100% NIT or the SNAP resource test. d. Households that include members who are aged (60 or older) or disabled (as defined in SNAPSB Section 5) and the household’s countable income exceeds the 200% GIT, are not categorically eligible. These households will need to pass the 100% NIT and the SNAP Resource test to be SNAP eligible. e. Households that include members who are aged (60 or older) or disabled (as defined in SNAPSB Section 5) and includes a member who is sanctioned from SNAP are not categorically eligible. These households will need to pass the 100% NIT and the SNAP Resource test to be SNAP eligible. f. Households that pay an out-of-pocket dependent care expense must pass the 200% GIT (unless the household has members who are sanctioned or disqualified from participation in the SNAP). These households are categorically eligible and will not have to pass the 100% NIT. g. Households that pay an out-of-pocket dependent care expense and also contains a SNAP sanctioned individual are not categorically eligible. These households will still be subject to the 150% GIT, the 100% NIT and the SNAP Resource Test to be SNAP eligible, unless they contain any members who is aged (60 or older) or disabled (as defined in SNAPSB Section 5), in which case they will be subject to pass the 100% NIT and the SNAP Resource test to be SNAP eligible. h. Households that include members that are aged (60 or older) or household members (and their spouses) who are incapable of buying food or preparing meals due to a disability may apply as a separate food unit if the income of the others with whom the individual resides (excluding the income of the elderly and disabled individual and his/her spouse) does not exceed the 165% GIT amount. These households are categorically eligible and do not need to pass the 100% NIT and the SNAP Resource test to be SNAP eligible. i. Households that include a SNAP sanctioned member are not categorically eligible. These households will need to pass the 130% GIT, 100% NIT and the SNAP Resource Test to be SNAP eligible, unless they contain an Aged or Disabled individual, in which case the household will only need to pass the 100% NIT and the SNAP Resource test to be SNAP eligible. Note: A Categorical Eligibility breakdown is available in the LDSS-4943 Supplemental Nutrition Assistance Program (SNAP) Benefits Categorical Eligibility Desk-Aid. 2. Calculating Gross Income To calculate gross income the district must add both the gross monthly earned and gross monthly unearned income of all household members, minus all income exclusions. Compare this total to the appropriate current gross income limits for the correct family size. If the household is at or under the appropriate limit, calculate net income to determine benefit level. 3. Net Monthly Income a. To determine a net monthly income for a household which does not contain an elderly or disabled member the district must: (1) Calculate the household's total gross earned income. Weekly income should be multiplied by 4.333333; bi-weekly income should be multiplied by 2.166666. This is the total gross monthly income earned by all household members minus any earned income exclusions as specified in SNAPSB Section 13. (2) Multiply this figure by 20%. Subtract that amount from the total gross monthly earned income to determine the net monthly earned income. (3) Add to the net monthly earned income the total monthly unearned income of all household members minus any income exclusions. (4) Subtract the standard deduction. (5) Subtract monthly dependent care expenses, if any, (uncapped as specified in SNAPSB section 12). (6) Deduct Child Support payments, if any, made to non-household members. (7) Total the allowable shelter expenses (as specified in SNAPSB Section 12). (a) Subtract from the total shelter costs, 50% of the household's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. (b) If there is no excess shelter cost, the net monthly income has been determined. (c) If there is excess shelter cost, compute the shelter deduction by subtracting the excess shelter cost up to the maximum amount allowed as specified in SNAPSB Section 12. The household’s net monthly income has been determined. b. To determine net monthly income for a household which contains at least one member who is aged or disabled as defined in SNAPSB Section 5, the local district must: (1) Follow the normal budget calculation procedures described above through the step at which the standard deduction is allowed. (2) Subtract from the resultant figure that portion of the household's total monthly unreimbursed out of pocket medical expenses (i.e., the total of all allowable medical expenses for all household members who are eligible for the medical expense deduction) which exceeds $35. (3) Subtract from this figure any allowable out of pocket dependent care costs which do not qualify as a medical deduction. (4) Subtract the monthly legally obligated child support paid. The remaining figure is the household's adjusted income. (5) Total all allowable shelter costs; subtract from the total shelter costs 50% of the household's adjusted income to determine the household's excess shelter costs. (6) Subtract from the adjusted income the household's excess shelter costs (if any) to determine the household's net monthly income. NOTE: When households receiving SNAP while pending Supplemental Security Income (SSI) are determined eligible for SSI, the household is entitled to a SNAP uncapped shelter deduction and/or medical deduction, retroactive to the SNAP application date or SSI eligibility date, whichever is later. c. Disqualified/Ineligible Individual (1) An ineligible individual shall not be included when determining household size for the purpose of comparing the household's monthly income with the income eligibility standards. (2) The income and resources of the disqualified individual, but not his or her needs, must be considered in determining the remaining case members' eligibility and SNAP benefit level. (3) If a household contains an individual disqualified for Intentional Program Violation, or failure to comply with work requirements, all of the household's allowable deductions shall continue to apply to the remaining household members. (4) If a household contains an individual who is ineligible for SNAP benefits due to being an ineligible non-citizen or disqualified for refusal to apply for or provide a SSN, allowable shelter and dependent care expenses paid by or billed to the ineligible/disqualified individual shall be divided evenly among the household members including the ineligible/disqualified individual(s). All but the ineligible/disqualified individual's share is counted as a deductible shelter expense for the remaining household members. d. Rounding - The cents amount associated with each income and allowable expenses shall be utilized throughout the computation of the net monthly income. e. Net and Gross Income Test - All households which are not categorically eligible household must have their net incomes compared to the monthly net income eligibility standards for the appropriate household size to determine eligibility for the month. In addition to meeting the net income eligibility standards, households which are not categorically eligible household and do not contain an elderly or disabled member also must have their gross incomes compared to the gross monthly income standards for the appropriate household size to determine eligibility for the month. 4. Monthly Benefit To determine a household’s SNAP entitlement, once eligibility has been established, multiply the SNAP net income by 30%. Any result ending in cents shall be rounded up to the nearest higher dollar. Subtract this figure from the appropriate benefit allotment for the household size. The final figure is the household's SNAP entitlement. Basis of Benefit Issuance Tables provided by the Department may be used in lieu of the calculation. Benefit Issuance Tables are available upon request from the Department. 5. Minimum Benefit Levels a. If calculation of benefits for the initial month would yield an allotment of less than $10 for the household, no benefit shall be issued to the household in that initial month. b. Except during an initial month, all eligible one-person and two-person households shall receive minimum monthly allotments equal to the minimum benefit. The minimum benefit is 8 percent of the maximum allotment for a household of one, rounded to the nearest whole dollar. The minimum monthly allotments are subject to change every October with the federal Thrifty Food Plan Guidelines. 6. Anticipated Changes Due to anticipated changes a household may be: a. Eligible for SNAP benefits for the month of application even if those benefits are not issued until the subsequent month. b. Ineligible for the month of application but eligible in the subsequent month. The same application shall be used for the denial for the month of application and the determination of eligibility for subsequent months. c. Entitled to an allotment in the month of application which differs from the allotment in subsequent months. NOTE: Excluded members of a household shall not be included when determining the household's size for the purposes of assigning a benefit level to the household. References: 387.15 Determining Food Stamp Benefit Levels 273.10 Determining Household Eligibility and Benefit Levels 98 LCM-21 – Food Stamp Earned Income Deduction 07 ADM-09 – Categorical Eligibility for Food Stamps 08 ADM-9 – Farm Bill Reauthorization Provisions of Food Stamps Program for 2008 09 ADM-06 – Expansion of Categorical Eligibility for Food Stamp households with out of pocket Dependent Care Costs 08 INF-03 Categorical Eligibility for Food Stamps Q & As GIS 08TA/WMS003 – Food Stamps Categorical Eligibility clarification GIS 21 TA/DC064 – Updated Supplemental Nutrition Assistance Program Standards Beginning October 2021 Pub-4916 – “Helping Hands for People in Need” Brochure B. Budgeting Residents of Facilities Group Home and Congregate Care facilities should be budgeted as outlined below: • The group home budgeting process establishes methods for calculating the SNAP countable income and the shelter costs for group home residents who receive TA payments and those who receive SSI benefits. • As described in ABEL Transmittal 08-2, in almost all situations, as long as the correct Shelter Type Code and gross income amounts are entered into the ABEL budget, the system will automatically calculate the shelter cost amount and the SNAP countable income for the budget calculations described below. For instructions on how to budget exceptional situations, see ABEL Transmittal 08-2 for details. • If the individual leaves the facility before the 15th of the month the benefit must be prorated, if after the 15th of the month the facility is entitled to the full benefit amount. • The budgeting routines apply to Upstate SNAP cases with Shelter Type Codes: 10 - Congregate Care Level II-Drug/Alcohol Treatment Facility (Residential Treatment Center) 12 - Non-Level II Alcohol Treatment Facility (u) 13 - State Operated Community Residence (SNAP Only) 15 - Congregate Care Level I - Family Care 16 - Congregate Care Level II-Not Drug/Alcohol Treatment or Apartment-like 17 - Congregate Care Level II-Apartment-like (OMH/OPWDD Supportive/Supervised Apartments) 42 - Congregate Care Level III - Adult Home and Enriched Housing 1. Congregate Care Level II – Drug/Alcohol Treatment Facility (Residential Treatment Center) Calculating SNAP Benefits for Residents of Congregate Care Level II Facilities Who Are “Receiving Residential Care” in Congregate Care Level II Drug Abuse and Alcoholic Treatment and Rehabilitation Facility – (Upstate WMS Shelter Type Code 10). a. SNAP Countable Income - The SNAP countable income of residents “receiving residential care”, as defined in Section 209(3)(d) of the Social Services Law will be equal to the sum of the following: (1) The SSI Living with Others rate, or the actual amount of unearned income received by the resident, whichever is less. (2) Plus, the amount by which any additional unearned income exceeds the SSI Congregate Care Level II rate. (3) Plus, the amount of any earned income received by the resident. b. Shelter Costs - Shelter costs will be equal to the SSI Living with Others rate or the actual amount of unearned income received by the resident, whichever is less: (1) Minus, for each person in the SNAP household, the amount of a Congregate Care Level II Personal Needs Allowance (PNA) [as set forth in section 131-o(1)(b) of the Social Services Law], and (2) Minus the Thrifty Food Plan amount for a one-person household (as defined in 18 NYCRR 387.1). 2. Congregate Care Level II – Drug/Alcohol Treatment Facility, Residential Treatment Center, Individuals Not Receiving Care or Treatment Calculating SNAP Benefits for Residents of Congregate Care Level II Facilities Who Are Not “Receiving Residential Care” – (Upstate Shelter Type Codes 10). In certain Congregate Care Level II programs, members of the household of the person “receiving residential care” are permitted to reside in the certified site along with the person who is “receiving residential care”. a. SNAP Countable Income - Countable income will be equal to the sum of each individual’s earned and unearned income. b. Shelter Cost for a TA Recipient Receiving a Room & Board Allowance - The room and board allowance referred to in this section is set forth in state regulation at 18 NYCRR 352.8(b)(1). The shelter cost will be equal to the countable income referenced in 2.a immediately above (1) Minus, for each person in the SNAP household, a PNA [as set forth in 18 NYCRR 352.8(c)(1)(i)], if applicable, and (2) Minus the Thrifty Food Plan amount for a one-person household. c. Shelter Cost for a TA Recipient Receiving a Shelter Allowance - Shelter cost for a TA recipient receiving a shelter allowance will be equal to the actual amount of the shelter allowance paid. d. Shelter Cost for a Non-TA Recipient - Shelter costs will be equal to the countable income, as determined in B.1 above (1) Minus, for each person in the SNAP household, a PNA [as set forth in 18 NYCRR 352.8(c)(1)(i)], if applicable, and (2) Minus the Thrifty Food Plan amount for a one-person household. 3. Non-Congregate Care Level II - Drug/Alcohol Treatment Facility Calculating SNAP Benefits for Residents Receiving Care in Non-Congregate Care Level II Drug Abuse and Alcoholic Treatment and Rehabilitation Facilities (Upstate Shelter Type Code 12). Residents of Non-Congregate Care Level II Drug and Alcohol Treatment and Rehabilitation centers who are receiving care must have their SNAP benefits calculated as set forth below: a. SNAP Countable Income of TA Recipients Receiving Care in Non-Congregate Care Level II Residential Treatment Centers (RTC’s) - The SNAP countable income of TA recipients receiving care and residing in Non-Congregate Care Level II RTC’s will be equal to either: (1) The district’s maximum monthly TA grant [for basic needs, the Home Energy Allowance (HEA), the Supplemental Home Energy Allowance (SHEA), and the appropriate shelter allowance] for a household of equivalent size having no other income; or (2) If applicable, and of a lower amount than defined in ‘a’ immediately above, countable income shelter allowance for a household of equivalent size having no other income; or will be equal to the sum of the room and board allowance [set forth in 18 NYCRR 352.8(b) (1)]. (3) Plus the personal needs allowance (PNA) [as set forth in 18 NYCRR 352.8(c)(1)(i)]. b. Shelter Costs of TA Recipients Receiving Care in Non-Congregate Care Level II RTC’s Shelter costs will be equal to the countable income, as determined in 3.a above: (1) Minus and for each person in the SNAP household, the amount of a PNA. (2) Minus the Thrifty Food Plan amount for a one-person household. c. SNAP Countable Income of Non-TA Recipients Receiving Care in Non- Congregate Care Level II RTC’s Countable income of residents not receiving TA income will be equal to the sum of each SNAP household members earned and unearned income. d. Shelter Costs of Non-TA Recipients Receiving Care in Non-Congregate Care Level II RTC’s Shelter costs will be equal to the countable income, as determined in 3.c above: (1) Minus and for each person in the SNAP household, the amount of a PNA (2) Minus the Thrifty Food Plan amount for a one-person household 4. Residents of State-Operated Community Residences Calculating SNAP Benefits for Residents of State-Operated Community Residences (Upstate WMS Shelter Type 13) a. SNAP Countable Income - Countable income will be equal to the sum of each individual’s earned and unearned income. b. Shelter Costs - Shelter costs will be equal to the countable income as defined in 4.a immediately above, (1) Minus, for each person in the SNAP household, the amount of a Congregate Care Level II PNA [as set forth in section 131-o (1)(b) of the Social Services Law], and (2) Minus the Thrifty Food Plan amount for a one-person household. 5. Residents Receiving Residential Care Calculating SNAP Benefits for Disabled or Blind Persons Residing in and Receiving Care in all Other Group Living Arrangements, Enriched Housing, or Congregate Care Level II Supportive or Supervised Living Arrangements (Upstate WMS Shelter Type Codes 15, 16, 17, and 42). a. SNAP Countable Income - The SNAP countable income of residents “receiving residential care”, as defined in Section 209(3)(d) of the Social Services Law will be equal to the sum of the following: (1) The SSI Living with Others rate, or the actual amount of unearned income received by the resident, whichever is less; plus (2) The amount by which any additional unearned income exceeds the applicable SSI Congregate Care Level rate (i.e., Congregate Care Level 1, 2 or 3); plus (3) The amount of any earned income received by the resident. Note: The above definition of countable income applies whether the resident receives SSI benefits, TA benefits or another source of income. b. Shelter Costs - Shelter costs will be equal to the SSI Living with Others rate or the actual amount of unearned income received by the resident, whichever is less: (1) Minus, for each person in the SNAP household, the amount of a Congregate Care Level II PNA [as set forth in section 131-o(1)(b) of the Social Services Law], if applicable, and (2) Minus the Thrifty Food Plan amount for a one-person household. 6. Residents in Non-Care Group Living Calculating SNAP Benefits for Persons Residing in All Other Group Living Arrangements, Enriched Housing, or Congregate Care Level II Supportive or Supervised Living Arrangements But Not Receiving Care (Upstate WMS Shelter Type Codes 15, 16, 17, and 42). a. SNAP Countable Income - The SNAP countable income will be equal to the sum of each individual’s earned and unearned income. b. Shelter Cost for a TA Recipient Receiving a Room & Board Allowance - The room and board allowance referred to in this section is set forth in state regulation at 18 NYCRR 352.8(b) (1). The shelter cost will be equal to the countable income in 6.a immediately above. (1) Minus, for each person in the SNAP household, a PNA [as set forth in 18 NYCRR 352.8(c)(1)(i)], if applicable, and (2) Minus the Thrifty Food Plan amount for a one-person household. c. Shelter Cost for a TA Recipient Receiving a Shelter Allowance - Shelter cost for a TA recipient receiving a shelter allowance will be equal to the actual amount of the shelter allowance paid. d. Shelter Cost for a Non-TA Recipient - Shelter costs will be equal to the countable income, as determined in 6.a above: (1) Minus, for each person in the SNAP household, a PNA [as set forth in 18 NYCRR 352.8(c)(1) (i)], if applicable, and (2) Minus the Thrifty Food Plan amount for a one-person household References: 387.16 (e), (f) Special Provisions for Household Circumstances 273.11 Action on Households with Special Circumstances GIS 08TA/DC022 - Group Home and Congregate Care Facility Budgeting ABEL Transmittal 08-2 – Information 5 “Group Home Budgeting’ C. Transitional Housing Benefits for Homeless and Domestic Violence Shelter Residents The term transitional housing means a living accommodation which is intended to provide shelter to homeless households for a short period of time until permanent regular housing, such as an apartment or house, can be obtained by the household. Such living accommodations may contain cooking and/or refrigeration facilities. For SNAP purposes, transitional housing is hotel/motels, Tier II Shelters, Non-tier II Shelters and Shelters for Victims of Domestic Violence. The income and shelter costs for recipients residing in transitional housing shall be determined according to the procedures described below: 1. TA Recipient with Only TA as Income a. Determining Countable SNAP Income - TA payments below or equal to the maximum TA shelter allowance paid directly to a housing provider for transitional housing for a homeless household must be counted as income for SNAP purposes. Amounts of the payment that exceed the applicable TA shelter maximum with heat for the family size are excluded as SNAP income. However, the entire amount of the vendor payments made to a domestic violence shelter (shelter types 22 and 37) is considered to be non-recurring emergency payments and is therefore exempt for SNAP income purposes. b. Determining Shelter Costs - The TA payment below or equal to the TA shelter allowance is a SNAP shelter expense deduction. No SNAP shelter expense deduction is permitted for any shelter expense that is paid by monies that are excluded as SNAP income. TA/SNAP households which have the total cost of shelter paid by vendor payments, have no shelter cost expense included in the excess shelter cost deduction determination. Example 1: TA /SNAP case with only TA income - A homeless individual residing in a hotel/motel has a TA monthly shelter vendor payment (paid directly to the motel operator) of $700. The household's countable TA income is as follows: • Countable as SNAP income • $ Basic allowance (effective 10/1/12) • $ Restaurant allowance • $ HEA (Home Energy Allowance) • $ SHEA (Supplemental Home Energy Allowance) • $ Albany County Shelter Maximum with heat for household of 1. (Allowable shelter cost) • Not counted as income − $700 minus $ Albany County Shelter Maximum with heat for household of 1. (Allowable shelter cost) Example 2: TA/SNAP case with TA and Other Income - A homeless individual residing in a hotel/motel has $800 in unearned income. The individual is eligible for a $ Albany County Shelter Maximum with heat for household of 1. (Allowable shelter cost) TA grant that is a vendor payment to the landlord. The monthly motel rent is $700.00. The household's income is treated as follows: Albany County Shelter Maximum with heat for household of 1. (Allowable shelter cost) TA vendor shelter payment is counted as income equal to Albany County shelter maximum with heat for household of 1 $ Monthly motel rent subtract $ Amount by TA as vendor payment (allowed as shelter expense) = $_____ Out of pocket payment from recipient's unearned income to landlord also allowed as a shelter expense. 2. Recipient with Income In Addition To TA a. Determining Countable SNAP Income - Homeless households may pay some part of a transitional housing cost out of income other than TA income. There is no exclusion for income other than TA income. b. Determining Shelter Costs - Any part of a transitional housing cost paid by income other than TA is allowed as shelter cost when calculating the household’s SNAP excess shelter deduction (see example 2 above). 3. Non-Temporary Assistance (NTA) Recipient NTA cases must be budgeted with the procedures used for persons living in the community. a. Determining Countable SNAP Income - All normal procedures for determining SNAP income must be applied toward the residents of these shelters. b. Determining Shelter Costs - The amount that the resident pays to the operator of the shelter must be entered in the Shelter amount field on the SNAP Input screen. (If the resident pays nothing to the shelter operator, enter $0.00 in the Shelter amount field.) Systems Impact Upstate ABEL will include the applicable shelter maximum when calculating the TA grant amount and display it as the SNAP shelter amount. When ABEL cannot determine the appropriate amounts, "999999" will be displayed in both the grant amount and shelter amount fields. The worker must enter in the SNAP Actual Shelter Amount any vendor payment amounts up to the appropriate shelter allowance plus any amount paid by the client. When entering the TA Grant Amount, the worker must exclude any vendor payment in excess of the TA shelter allowance. References: 387.11 Income Exclusions 273.9 Income and Deductions 97 ADM-4 – Clarification of Various Food Stamp Welfare Reform Provisions 95 ADM-15 – Food Stamp Program Implications of the Mickey Leland Childhood Hunger Relief Act 92 ADM-9 – Food Stamps: Income Exclusion for Homeless Households in transitional housing 96 LCM-83 – Food Stamp Impact of New Federal Welfare Law D. Budgeting Essential Persons (EPS) Essential persons are individuals: • Who reside in the home of a Family Assistance household; • Who are eligible for Temporary Assistance; and • Whose presence in the household is essential to the well-being of the Family Assistance recipient Essential persons are designated household members who meet the following conditions: • The household member must be eligible for and in compliance with all Safety Net Assistance (SNA) eligibility requirements. • The household member must be living with a Family Assistance (FA) or Safety Net Assistance- Federally Participating (SNA-FP) dependent child who is an applicant or recipient; and • The household member’s designation as an EP does not negatively impact the FA or SNA-FP household’s benefits or cause ineligibility. Note* The presence of an essential person does not alter the method for determining the SNAP household composition. The SNAP household composition is based on which household members reside together, purchase and prepare their meals together. 1. EP Included In The SNAP Household a. Income - If the EP is included in the SNAP household, then his/her portion of the TA grant (excluding the Home Energy Assistance (HEA) and Supplemental Home Energy Allowance (SHEA)) must be budgeted as income received by the SNAP household. b. Shelter Deduction - The household's SNAP shelter deduction shall be determined based on the total shelter expense incurred by the entire TA household including the EP. 2. EP Not Included In SNAP Household a. Income - If the EP is not a member of the TA/SNAP household and is not a member of another SNAP household, then his/her portion of the TA allowances must be excluded as income to the SNAP household of which he/she is not a member. The TA shelter and fuel allowance are counted in their entirety as income to the SNAP household and the HEA & SHEA. These exclusions apply whether his/her grant is issued separately or in the TA grant. The following portions of the TA grant are excluded as SNAP income when the TA EP is not a member of the SNAP household: (1) The EP's portion of the basic allowance. (2) The EP's portion of any other TA allowances issued for the entire TA case. However, the TA shelter and fuel allowances are counted in their entirety as income to the SNAP household. (3) The total amount of any TA allowance which is given for the EP only. (4) The HEA and the SHEA are excluded in their entirety. In addition, any NTA income received by the EP who is not a member of the SNAP household must be excluded as SNAP income for that TA/SNAP household. An exception to these budgeting procedures would occur if the EP is making voluntary contributions from the above excluded income sources to the TA/SNAP household of which he/she is not a member. These contributions would be budgeted as SNAP income for the remaining TA/SNAP household. Also see SNAPSB Section 13. b. Shelter Deduction - The SNAP household without the EP shall have their SNAP shelter deduction determined based on the total shelter expenses incurred by the TA household which shall include the EP's portion of the TA shelter and fuel allowances. 3. EP Is Member of Separate SNAP Household a. Income - If the TA-EP is not a member of the TA/SNAP household, but is a member of a separate SNAP household, then the following budgeting procedures must be used: (1) The EP's portion of TA allowances issued for the entire TA case, including the basic, HEA and SHEA, shelter, and fuel allowance, is excluded as SNAP income for the TA household's SNAP case. The EP’s portion of these TA allowances is, however, budgeted as income received by the EP’s SNAP household. b. Shelter Deduction - The SNAP household without the EP shall have their SNAP shelter deduction determined based on the total shelter expenses incurred by the TA members except for the EP's incurred shelter expenses. The EP's portion of the TA shelter and fuel allowances are therefore not counted toward the household's total SNAP shelter costs. The SNAP shelter deduction of the EP's SNAP household shall be determined based on the total shelter expenses incurred by the EP's SNAP household. The EP's portion of the TA shelter and fuel allowances shall therefore be counted toward the EP's SNAP household's total SNAP shelter costs. NOTE: If the TA/SNAP household and the EP's SNAP household are sharing shelter expenses for heating/air conditioning/utilities, or phone, they may only be entitled to a prorated share of the appropriate SNAP standard allowances for these expenses. 4. Budget Calculations Essential Person – Individual Special Needs Type Code 21 SNTA and SNNTA members who have been designated as an essential person on a FA or SNA-FP case can’t receive less than the total of the Basic, HEA and SHEA Allowance amounts than they were receiving as a SNTA or SNNTA case. The amount of the supplemental Essential Person allowance is calculated as follows: (1) Calculate the Basic, HEA and SHEA allowances for the FA or SNA-FP household and add them to the Basic, HEA and SHEA allowances for the SNTA of SNNTA recipient. (2) Calculate the Basic, HEA and SHEA allowances for the FA or SNA-FP household including the essential person (3) Subtract the amount in (2) above from the amount in (1) above. Enter the difference in the ADDL:AMT field and enter CODE 21 in the ADDL:TY field. This will provide the full Basic, HEA and SHEA allowances to the FA or SN- FP Essential Person rather than the prorated share of the allowances. References: 87 ADM-46(Historical Reference) – Essential Persons 09 ADM 09 – Essential Persons E. Determining Deductions 1. Allowed Deductions Only specific deductions as given in SNAPSB Section 12 shall be used in the SNAP Program. a. Expenses shall only be deducted if the service is provided by someone outside of the household and the household makes a money payment for the service. NOTE: Deductions may not be taken for services, such as Dependent Care, provided by another household member, regardless of any cash payment made by the household for the service. b. A deduction shall be allowed only in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense. However, for households entitled to the medical deduction, the non- reimbursable portion shall be considered at the time the amount of reimbursement is received or can otherwise be verified. NOTE: Amounts carried forward from past billing periods are not deductible even if included in the most recent billing period and actually paid. A particular expense may be deducted only once. c. Fluctuating expenses may be averaged forward when used as a deduction. NOTE: Households may choose to have expenses which are billed less than monthly average forward over the time between scheduled billings. If the next bill is not scheduled, the expense may be averaged over the period it is intended to cover. NOTE: Households may choose to have one- time only expenses averaged over the certification period in which they are billed. d. A household’s expenses shall be calculated based on the expenses the household expects to be billed for during the certification period. Anticipation of the expense shall be based on the most recent month's bills unless the household is reasonably certain a change will occur. 2. Disallowed Deductions Deductions cannot be allowed for expenses covered by excluded income such as excluded reimbursements or vendor payments. a. If a portion of rent is covered by an excluded vendor payment, that portion cannot be calculated as a part of the household's shelter cost. b. Dependent care costs which are met by a direct payment or reimbursement cannot be also allowed as a SNAP dependent care deduction. The actual dependent care cost including fees which exceed the amount the household receives as a Child Care payment, can be applied as a dependent care deduction. For example, if a household receives a Child Care payment or reimbursement, the amount of the payment or reimbursement is excluded as income. Actual costs which exceed the payment or reimbursement amount can be allowed as a deduction. 3. Deductions for Households with Ineligible Individuals 1. Individuals Ineligible Due To Intentional Program Violation Or Failure To Comply With Work Registration Or Work Requirements - Households containing such ineligible individuals shall have the entire household's deductions (medical, dependent care, shelter) prorated to the eligible household members, and the ineligible household members who contribute to the expense. 2. Individuals Ineligible Due To Being An Ineligible Non-citizen Or For Refusal To Apply For Or Provide An SSN - Households containing such an ineligible individual shall have deductions budgeted as follows: (1) The 20% earned income deduction shall apply to the prorated income earned by the ineligible individual which is attributed to their household. That portion of the households’ allowable shelter and dependent care expenses which are either paid by or billed to the ineligible individual shall be divided evenly among the households’ members including the ineligible individual. All but the ineligible individuals share is counted as a shelter or dependent care expense for the remaining household members. EXAMPLE: There is a four-person household (man, wife, and two minor children) and one person is ineligible (e.g. father) due to being an ineligible non- citizen or for refusal to provide or apply for a social security number. If the ineligible member paid rent of $400 a month and had income of $450 per month and an eligible member (wife) paid a dependent care expense of $100 per month, their SNAP budget would reflect the following entries: $337.50 earned income ($450/4 = $112.50 X 3= 337.50) $300 shelter expense ($400/4 = $100 X 3 = $300) $100 dependent care expense – no proration, due to expense being paid by eligible member (2) The participating household members are entitled to the full un-prorated appropriate standard utility allowance. EXAMPLE: There is a four-person household and one person is ineligible, leaving a participating household of three persons. Although the shelter (rent, mortgage, etc.) expenses are prorated, the three- person participating household is entitled to the full, un-prorated appropriate standard allowance. 3. Ineligible Students - Households containing such an ineligible individual shall have deductions budgeted as follows: (1) The income and resources of ineligible students shall not be considered available to the household. Cash payments from the ineligible student to the household will be considered income under normal processing standards. Vendor payments shall be excluded as income. If the household shares deductible expenses with the ineligible student, only the amount actually paid or contributed by the household shall be deducted as a household expense. If the payments or contributions cannot be identified, the expenses shall be prorated evenly among persons actually paying or contributing to the expense and only the household's prorated share deducted. NOTE: For information on allowable shelter expenses, see SNAPSB Section 12. For information on standard allowances, see SNAPSB Section 12. References: 387.14 Determination of Food Stamp Eligibility CFR 273.11(c), (d) Action on Households with Special Circumstances 97 ADM-17 Elimination of the Child Care Earned Income Disregard and the Implementation of Child Care Payments for Public Assistance Cases with Earned Income 90 ADM 31 Employment and JOBS Related Child Care, Transitional Child Care and Local Child Care Market Rates For All Forms of Child Care 91 INF-3 1990 Income Maintenance Regional Meetings Questions and Answers F. Proration Methodology 1. Prorating A household's benefit level for the initial month of certification is based on the day of the month it applies for benefits. A household must receive benefits prorated from the day of application to the end of the initial month. A household's eligibility is determined for the month of application by considering the household's circumstances for the entire calendar month in which the household filed its application. NOTE: To determine the day and month of application for Jointly Processed households see SNAPSB Section 4. 2. Initial Month Initial month means: a. The first month for which the household is certified for participation in the SNAP following any period during which the household was not certified for participation, and b. In the case of a migrant or seasonal farmworker household, the first month for which a household is certified for participation in the SNAP provided such household applies following a period of more than 30 days in which the household was not certified for participation. 3. Migrant or Seasonal Farm Workers An applicant migrant or seasonal farm worker household must be issued the full (not prorated) SNAP allotment for the month of application if the household participated in the SNAP within 30 days prior to their application date. 4. Determining Prorated Benefits Proration of a household’s benefits for the initial month of certification shall be accomplished in the following manner: a. The household's full month's benefits shall be determined using the method set forth in this section. b. The household's full month's benefits shall then be prorated by either: (1) Using the SNAP Allotment Table; or (2) Using the following formula: full month's benefits x (31-date of application) = prorated amount 30 c. Prorated benefits are rounded to the next lower dollar value, thus $25.99 would be rounded to $25. NOTE: When using the formula, a household applying on the 31st shall be treated as though it applied on the 30th. d. The household shall then be issued the prorated allotment for the initial month of eligibility within 30 days of filing the application. For subsequent months of eligibility, the household shall be issued the regular full monthly allotment. e. If the proration computation results in an allotment of less than $10, then no issuance shall be made for the initial month. This includes one and two person households that are eligible for the minimum benefit in subsequent months. f. In instances when a household will be eligible for ongoing benefits but due to proration will not be entitled to benefits for the initial month, the district shall: (1) Establish a normal certification period beginning with the month of application based on the household's circumstances; (2) Issue no benefits for the initial month of eligibility; and (3) Issue the regular full monthly allotment for the months of the certification period. The district shall not deny an application solely because the household is not entitled to benefits in the initial month due to prorationing. g. In cases where verification is provided after the 30 day processing time, benefits shall be prorated from the date the district receives the verification. For these cases, the initial month is the month verification is received by the district and benefits shall be prorated from the date verification is received. References: 387.14 Determination of Food Stamp Eligibility 97 ADM-4 Clarifications of Various Food Stamp Welfare Reform Provisions 95 ADM-15 Food Stamp Program Implications of the Mickey Leland Childhood Hunger Relief Act (P.L. 103-66) G. Reduction/Suspension/Cancellation In the event that the Secretary of Agriculture mandates that the SNAP be reduced, suspended, or cancelled, the following procedure must be followed: 1. Reduction/Required Action a. Description - Reduction will be accomplished by reducing the Thrifty Food Plan amount for each household size by the same percentage and same dollar amount. (1) All one and two person households affected by the reduction shall be guaranteed the minimum benefit allotment unless the action is a cancellation of benefits, a suspension of benefits or a reduction of benefits of 90% or more of the total amount of benefits projected to be issued in the affected month. (2) The exact percentage of the reduction will be specified by the Food and Nutrition Service (FNS). For example, if a 25% reduction in the Thrifty Food Plan is to be made for all four person households, the reduction would be calculated as follows: (a) The Thrifty Food Plan allotment for a four-person household is $___ . A reduction of 25% would bring that allotment down to $___. (b) Then, 30% of a net SNAP income of $200 (30% of $___ equals $___) would be deducted from the reduced Thrifty Food Plan amount of $___, reducing the allotment to $___ ($___ minus $__ equals $___). b. State Responsibilities (1) Notification - The districts will be notified by the Department of: (a) The date the reduction is to take effect, (b) The percentage the Thrifty Food Plan amounts for each household size are to be reduced, and (c) The dollar amount by which the Thrifty Food Plan will be reduced. (2) Automated Budget Eligibility Logic (ABEL) - The WMS SNAP Budget Logic shall be programmed to: (a) Calculate the benefit reduction, and (b) Allow for the Thrifty Food Plan current minimum benefit for one and two person households, (d) Compute a household's normal benefit. (This must be retained as a record in the event that FNS orders any restoration of benefits.) (3) Issuance Tables - The Department will have available revised issuance tables reflecting the percentage of reductions to be made in the Thrifty Food Plan amounts and reduced Thrifty Food Plan levels. NOTE: More specific instructions will be issued to the districts in the event that a reduction in allotment is deemed necessary. c. District Responsibilities (1) The reduced allotment amount must also be entered on the authorization/change document. (2) If a benefit reduction is ordered, districts shall reduce the Thrifty Food Plan amounts for each household size by the percentage ordered in the Department's notice on benefit reductions, (a) Multiply the amounts by the percentage specified, (b) Round any result ending in cents up to the nearest higher dollar, and (c) Subtract the result from the normal Thrifty Food Plan amount. NOTE: In calculating benefits, the reduced Thrifty Food Plan amount will be substituted for the normal Thrifty Food Plan amount. 2. Suspension and Cancellation/Required Action If a decision is made to suspend or cancel the distribution of SNAP benefits in a given month: a. The Department will notify districts of the date the cancellation or suspension is to take effect. b. The provision of the Thrifty Food Plan current minimum benefit for households with one or two members only shall be disregarded and all households shall have their benefits suspended or cancelled. c. Upon receiving notice of a suspension or cancellation in benefits, districts shall notify issuance agents and personnel. d. Allotments or portions of allotments representing restored or retroactive benefits for a prior unaffected month would not be reduced, suspended, or cancelled even though they are issued during an affected month. e. Districts shall notify households of reductions, suspensions and cancellations of allotments in accordance with the notice provisions of SNAP SB Section 8. Notices of Adverse Action shall not be provided to affected households. f. Households whose allotments are reduced or cancelled as a result of these procedures are not entitled to a restoration of lost benefits at a future date. However, if there is a surplus of funds as a result of reduction or cancellation of benefits and the Secretary of Agriculture determines that such a restoration is practicable, the Department will direct districts to provide affected households with restored benefits. g. Upon being notified by the Department that a suspension of benefits is over, districts shall act immediately to resume issuing benefits to certified households and shall resume benefit issuance as soon as practicable. 3. Maintenance of Records Districts must be able to submit to the Department, upon request, a listing of the amount of benefits each household receives during a month in which the reduction is in effect along with a listing of the amount of benefits each household would have received had full monthly allotments been given. a. If allotments are cancelled, districts must be able to submit to the Department, upon request, a listing of the amount of benefits each household would have received had the monthly allotments been distributed. b. These listings will be used in the event that restored benefits are directed. 4. Effects on Certification of Eligible Households a. Determination of the eligibility of applicant households shall not be affected by a reduction, cancellation or suspension of benefits. b. Districts shall accept and process applications during a month(s) in which a reduction, suspension or cancellation is in effect. c. If a reduction is in effect, applicants eligible for benefits shall have the amount of their benefits calculated by reducing the Thrifty Food Plan amount by the appropriate percentage for the household size and then deducting 30% of the household's net SNAP income from the reduced Thrifty Food Plan. d. If a suspension or cancellation is in effect, no benefits shall be issued to the applicant. e. Reduction, suspension or cancellation of benefits shall have no effect on the certification periods assigned to households. f. Those households, whose certification periods expire during a month in which allotments have been reduced, suspended, or cancelled, shall be recertified according to existing procedures. g. Households found eligible to participate during such a period shall have certification periods assigned in accordance with existing procedures. 5. Expedited Service Households eligible to receive expedited processing, who apply for Reduction/Suspension/Cancellation program benefits during months in which reductions or suspensions are in effect, shall have their cases processed in accordance with the normal expedited processing provisions and timeliness standards set forth in SNAPSB Section 5. a. Reductions In Effect - Those households that receive expedited service in months in which reductions are in effect and that are determined to be eligible shall be issued allotments that are reduced in accordance with the reduction in effect. These reduced allotments shall be made available to the households within the benefit delivery timeframe specified in SNAPSB Section 15. b. Suspensions In Effect - Those households that receive expedited service in months in which suspensions are in effect and that are determined to be eligible shall have benefits issued to them within the timeframe specified in SNAPSB Section 15. However, if the suspension is still in effect at the time issuance is to be made, the issuance shall be suspended until the suspension is ended. c. Cancellations In Effect - Households eligible to receive expedited processing who apply for program benefits during months in which cancellations are in effect shall receive expedited service. However, the deadline for completing the processing of such cases shall be five calendar days or the end of the month of application, whichever date is later. All other rules pertaining to expedited service shall be applicable to these cases. 6. Fair Hearings Any household that has its allotment reduced, suspended, or cancelled, as a result of an order issued by FNS, may request a fair hearing if it believes that its benefit level was computed incorrectly under the rules set forth in this Section or that these rules were misapplied or misinterpreted. Fair hearings shall be denied to those households who are merely disputing the fact that a reduction, suspension or cancellation was ordered. Households do not have a right to a continuation of benefits pending the fair hearing. A household may receive retroactive benefits in an appropriate amount if it is determined that its benefits were reduced by more than the amount by which the district was directed to reduce benefits. 7. Issuance Services Districts must assure that issuance services are available to serve households receiving restored or retroactive benefits for a prior, unaffected month. 8. Failure to Comply Failure of a district to comply may result in the cancellation of 100% of the district’s share of administrative costs for the affected month(s) and the Department may bill the district for all over-issuances which result from the non-compliance. H. Replacements of Food 1. Replacement of Food An issuance to replace food which was purchased but subsequently destroyed in a household misfortune must be made provided that: a. The household reports the loss within 10 days of the date of the misfortune; and b. The household returns, within 10 days of the report of the household misfortune, a signed LDSS-2291: Request For Replacement of Food Purchased with Supplemental Nutrition Assistance Program (SNAP) Benefits. Examples of household misfortunes resulting in food loss include a fire, a flood, an extended power outage, shut-offs or an equipment (refrigerator or freezer) failure. No limit is placed on the frequency of replacement issuances for food destroyed in a household misfortune. Note: Theft of food from your house is not a household misfortune. A benefit cannot be replaced due to food being stolen. It is a case of theft that should be reported to the local authorities and is not within FNS purview. 2. Procedures for Issuing Replacements a. Timely Reports - Prior to issuing a replacement, the district must determine that the household has reported the loss in a household misfortune or non-receipt of a SNAP benefit orally or in writing within time limits. The report is "timely" if it is received by the district: (1) Within 10 days of the date food purchased is destroyed in a household misfortune, or; (2) Within the period of intended use for a claim of non-receipt of a SNAP benefit. The period of intended use is the issuance month, except that for issuances on or after the 20th of the month the period of intended use expires at the end of the following month. b. Statements (1) The district must obtain from a member of the household or its authorized representative, a signed LDSS-2291: Request For Replacement of Food Purchased with Supplemental Nutrition Assistance Program (SNAP) Benefits when: (a) Food purchased, was destroyed in a household misfortune; (b) A claim has been made by a household of non-receipt of SNAP benefits when the computer issuance record indicates that benefits have been issued to the household for the time period in question. (2) The household must return the signed statement, LDSS-2291 Request For Replacement of Food Purchased with Supplemental Nutrition Assistance Program (SNAP) Benefits, within 10 days of the date of report in order to receive a replacement issuance. If the 10th day falls on a weekend or holiday, a statement received the day after the weekend or holiday is timely received. (3) The district may choose to retain the signed LDSS-2291 Request For Replacement of Food Purchased with Supplemental Nutrition Assistance Program (SNAP) Benefits or state-approved local equivalent in a secure file other than the case folder, such as in an accounting office or other central storage point, so long as it is completely and accurately documented in the record that a replacement was provided and the statement remains readily retrievable for the purposes of case review. c. Investigation Of Replacement Requests - The fact that food purchased was destroyed in a household misfortune must be verified through an assessment of information provided by the client, by obtaining clarification from a collateral contact, through documentation from a community agency including, but not limited to: (1) The fire department or, (2) The Red Cross. d. Time Limit For Issuing Replacements (1) The district must provide replacement issuances within 10 days after receiving the household's LDSS-2291 Request For Replacement of Food Purchased with Supplemental Nutrition Assistance Program (SNAP) Benefits report of the household misfortune or within two working days of receiving the signed statement, whichever is later. (2) The district must deny replacement issuances in cases in which available evidence indicates that the household's replacement request is fraudulent. Issuance may be delayed if further investigation is needed to assure that the request is not fraudulent. (3) Households whose replacement requests are denied or delayed must be informed of their right to a fair hearing. Households who request a fair hearing must not have replacements issued pending the outcome of the hearing decision. e. Amount Of Replacement Issuances - Replacements must be provided in the amount of the household's loss, but not more than the amount of the month's allotment most recently issued to the household. However, in situations involving restored benefits, the amount of a household's loss, but not be more than the amount of the original restored issuance must be replaced. f. Further Actions On Replacement Issuances - For each household request for a replacement issuance, districts must document in the household's case record the date and reason for the request, whether or not the replacement was issued, and whether or not the replacement was countable. References: 387.16 Special Provisions for Household Circumstances 91 ADM-4 Food Stamps: Replacement of Coupons and Food 93 INF-10 Electronic Benefit Issuance and Control System (EBICS) Questions and Answers 92 INF-22 Food Stamp Program: Processing of and Revisions to Form DSS- 2291 (Rev. 10/91) Statement of Non-Receipt of Food Stamp Benefits GIS 11 TA/DC017 Issuing Replacement Food Stamp Benefits GIS 08 TA/DC031 Issuing Replacement Food Stamp Benefits and Emergency Food Replacement I. Restoration Of Lost Benefits 1. Entitlement Households shall have their benefits restored whenever: a. The loss was caused by an administrative error. b. The loss was caused by an administrative disqualification for intentional program violation which was subsequently reversed. c. The loss was due to an error caused by the district or SSA through Joint Processing. d. The SNAP SB specifically states that the household is entitled to a restoration of lost benefits. 2. Twelve Month Limitation a. General - Benefits shall be restored, even if the household is currently ineligible, for not more than twelve months prior to whichever of the following occurred first: (1) The date the district receives a request for restoration from a household. (2) The date the district is notified or otherwise discovers that a loss to the household has occurred. b. Judicial Action - The district shall restore to households benefits which were found by any judicial action to have been wrongfully withheld. (1) If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits shall be restored for a period of not more than twelve months from the date the court action was initiated. (2) When the judicial action is a review of a district action, the benefits shall be restored for a period of not more than twelve months from the first of the following dates: (a) The date the district receives a request for restoration; (b) If no request for restoration is received, the date the fair hearing action was initiated; but (c) Never more than one year from when the district is notified of or discovers the loss. c. Errors discovered by the district - If the district determines that a benefit loss not caused by the household has occurred, the district shall automatically act to restore any lost benefits. Action by the household is not necessary. Lost benefits must be restored for a period up to but not to exceed 12 months prior to either: (1) The month the district discovers the loss; or (2) The month the district receives written or oral notice of a possible loss to a specific household. 3. Notification The district must notify the household of the following: a. The household's entitlement, b. The amount of restored benefits, c. Any offsetting that was calculated, d. The method of restoration, and e. The right to request a fair hearing if the household disagrees with any aspect of the benefit restoration. 4. Disputed Benefits a. The district may determine that a household should receive restored lost benefits. However, the household may not agree with either the restored amount calculated by the district or any other action the district takes to restore lost benefits. If so, the household can request a fair hearing within 90 days of the date the household is notified of its entitlement to restored lost benefits. If a fair hearing is requested before or during the time the lost benefits are restored, the household must receive the lost benefits calculated by the district pending the result of the fair hearing. If the fair hearing decision favors the household, the district must restore the lost benefits according to that decision. b. If a household believes it should receive restored lost benefits but the district reviews the case file and disagrees, the household has 90 days from the date of the district determination to request a fair hearing. The district must restore lost benefits to the household only if the fair hearing decision favors the household. Benefits lost more than 12 months before the date the district was first informed of the household's possible entitlement must not be restored. 5. Computing The Amount To Be Restored When a household is entitled to lost benefits, the district must: a. First, correct the loss for future months. b. Then, after excluding from calculation those months prior to the 12-month time limit described in paragraphs 2 and 4 of this Section, the district must calculate the amount of restored lost benefits as follows: (1) Incorrect Allotment - If an incorrect allotment causes the loss for the eligible household, the benefit loss shall be calculated only for those months the household participated. (2) Incorrect Delay, Denial or Benefit Termination - If an incorrect delay, denial or benefit termination causes the loss, the affected months must be calculated as follows: (a) Denial - If an eligible household's application was erroneously denied, the month the loss initially occurred shall begin with the month of application. For an eligible household filing a timely application, the month the loss initially occurred shall begin with the month following the expiration of its certification period. (b) Delay - If an eligible household's application was delayed, the months for which benefits may be lost shall be calculated in accordance with procedures in SNAPSB Section 15. (c) Termination - If a household's benefits were erroneously terminated, the month the loss initially occurred shall begin with the first month benefits were not received as a result of the erroneous action. (d) Procedure - After determining the month the loss initially occurred the loss shall be calculated for each month subsequent to that date until either: 1. The first month the error is corrected, or 2. The first month the household is found ineligible. (3) Eligibility - For each month benefits were lost, the district shall determine if the household was eligible. In cases where there is no information in the household's case file to document that the household was actually eligible, the district must advise the household of the necessary information that must be provided to determine eligibility for these months. (4) Allotment - The district must calculate the allotment that the household should have received during the months it was eligible. If the household received an allotment smaller than it was eligible to receive, the difference between the allotment issued and the correct allotment is the amount to be restored. NOTE: For purposes of calculating restored benefits over a period of time, the ABEL Manual Appendix, page ii-2.2 contains a listing of significant ABEL budget "from" dates. (5) Claiming - Before the payment of lost benefits, the district must determine if there is a claim against the household which is either unpaid, held in suspense, or terminated. If there is a claim, the restored amount must be offset against the claim amount before the household can receive the balance, if any. In cases where a household is certified and receives its initial allotment after the normal processing period, this is not considered as lost benefits even if the initial allotment is paid retroactively. In such situations, the initial allotment shall not be reduced to offset the amount due on the claim. 6. SSI Households a. A SNAP household pending SSI that purchases and prepares food separately from non-minor children or siblings is denied separate household status because the household is not elderly or disabled must be permitted retroactive separate status if determined eligible for SSI. The household must be re-budgeted as a separate SNAP household with an uncapped excess shelter deduction and/or an excess medical deduction back to the household's SSI eligibility date, SNAP application date or date separate household status was requested, whichever is later. NOTE: It is recommended that districts inform all pending SSI applicant households either denied SNAP, denied separate household status, or determined initially eligible for SNAP as a non-elderly disabled SNAP household, that they maintain verifiable records of all factors which may qualify them for restored SNAP benefits as a retroactively determined categorically eligible SNAP household. b. The amount of restored SNAP benefits is calculated by subtracting the benefits received by the single SNAP household from the total amount of benefits that would have been issued for two separate SNAP households. The total restored SNAP benefit amount is issued to the SSI SNAP household. NOTE: In re-budgeting the SNAP case for the months covered by the retro SSI payment the monthly SSI amount cannot be budgeted as income because when the benefits were issued, the SSI had not yet been received. 7. Lost Benefits to Individuals Disqualified For Intentional Program Violation a. Definition - Individuals disqualified for Intentional Program Violation are entitled to restoration of any benefits lost during the months that they were disqualified, only if the decision which resulted in disqualification is subsequently reversed. Benefits shall be restored for a period not to exceed twelve months prior to the date of district notification. An individual cannot receive restored benefits for the period he/she was disqualified based solely on the fact that a criminal conviction could not be obtained. The individual must successfully challenge the disqualification in a separate court action to be eligible for the restoration of lost benefits. b. Calculation - For each month the individual was disqualified, not to exceed twelve months prior to district notification, the amount to be restored shall be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller amount than it should have received, the difference equals the amount to be restored. Participation in an administrative disqualification hearing in which the household contests the district assertion of fraud shall be considered notification that the household is requesting restored benefits. 8. Method of Restoration a. Standard Method - The district must restore lost benefits due a household regardless of whether the household is currently eligible or ineligible. Lost benefits shall be restored by issuing an allotment in a lump sum equal to the amount of benefits that were lost. The amount restored shall be issued in addition to the allotment a currently eligible household is receiving. Example: A household receiving $170 in SNAP benefits each month is entitled to restoration of lost benefits. Assuming the household is entitled to $200 in lost benefits, it would receive $370 in SNAP benefits during the month restoration is made. b. Exception - The district must honor reasonable requests by households to restore lost benefits in monthly installments if, for example, the household fears that the: (1) Excess SNAP benefits may be stolen; or (2) Amount to be restored is more than it can use in a reasonable period of time. NOTE: A WMS Edit prevents the authorization of receiving restored benefits in order to spread out the large payment. Portions of the restored benefits may be authorized as monthly single issuances until the entire amount is paid. A large restored benefit may be spread out into a number of smaller payments only if the recipient agrees to such a payment method. c. Recipients Who Have Moved To Another County - A district may not issue SNAP benefits to households which are not residents of that district. Therefore, when a household moves to another district, restored benefits, to which the household is or becomes eligible for from the former county of residence, must be issued by the current county of residence. Upon inquiry by recipients the county of former residence: (1) Must advise the client that the restored benefits will be issued by the current county of residence; (2) Immediately provide the current county of residence with documentation verifying the household's entitlement to restored benefits. Documentation must be provided to out-of-state agencies at the request of the agency or the household. NOTE: Under no circumstances is documentation to be given to the recipient. Documentation must be sent directly from the county of former residence to the new county or state. 9. Changes in Household Composition Whenever lost benefits are due a household where the membership has changed, the district must restore the lost benefits to the household containing a majority of the individuals who were household members at the time the loss occurred. If the district cannot locate or determine the household which contains a majority of household members, the district must restore lost benefits to the household containing the head of the household at the time the loss occurred. 10. Accounting Procedures Each district must maintain an accounting system to document a household's entitlement to the restoration of lost benefits and to record the balance of lost benefits owed to the household. Each district must develop a procedure that, at a minimum, documents how the restored amount was calculated and the reason lost benefits must be restored. Also, the accounting system must be designed to identify situations where an existing claim against a household can offset the amount to be restored. References: 387.18 Restoration of Lost Benefits TA Source Book: Chapter 19