A household's eligibility is determined by considering the household's circumstances for the entire month during which the application is made.

(1) A household's benefit level for the initial month of certification is based on the day of the month the household applies for benefits. A household must receive benefits which are prorated from the day of application to the end of the initial month. A household which applies for benefits at any time after the end of its certification period will also have their first full month's benefits prorated from the date of application for recertification to the end of the initial month. For a resident of a public institution who applies jointly for SSI and food stamps as part of the SSA's Pre-release Program for the Institutionalized, the benefit level for the initial month of certification is based on the date of the month the applicant is released from the institution. Such applicant must receive benefits which are prorated from the day of the applicant's release from the institution to the end of the month. Initial month means:

(i) the first month for which the household is certified for participation in the food stamp program following any period during which the household was not certified for participation; and

(ii) in the case of a migrant or seasonal farmworker household, the first month for which a household is certified for participation in the food stamp program provided such household applies following a period of more than 30 days in which the household was not certified for participation.

(2) Collection of overissuances. A social services district must collect any overissuance of food stamp benefits issued to a household by:

(i) direct payment;

(ii) reducing the allotment of the household as provided in paragraph (5) of this subdivision;

(iii) withholding amounts from unemployment compensation from a member of the household, provided State computer supports are in place;

(iv) recovering from Federal pay or a Federal income tax refund, provided State computer supports are in place; or

(v) any other means as directed by the State. Social services districts may use additional means to collect overissuances provided such means are cost effective and do not violate any other provisions of this Part.

(3)

(i) Households applying for benefits after the 15th of the month, which have completed the application, provided the verification required by section 387.8(c) of this Part within 30 days of the date of application, and have been determined to be eligible to receive benefits for the initial month of application and the month following the initial month of application, must have prorated benefits for the initial month of application and the first full month of benefits made available to them at the same time and within the time periods specified in this Part.

(ii) Households applying for benefits after the 15th of the month which have been determined to be eligible for expedited service, as set forth in section 387.8(a) of this Part, must have benefits made available to them as follows:

(a) Households which have been determined to be eligible for expedited service pursuant to section 387.8(a) of this Part must have prorated benefits for the initial month of application and benefits for the month following the initial month of application made available to them within the time period for expedited service set forth in section 387.8(a)(2) of this Part and at the same time.

(b) Households which have completed the application, provided the verification required by section 387.8(c) of this Part prior to the issuance of the expedited benefit, and have been determined to be eligible to receive benefits for the initial month of application and the month following the initial month of application, must have prorated benefits for the initial month of application and the first full month's benefits made available within the time period for expedited service set forth in section 387.8(a)(2) of this Part and at the same time.

(c) Households which have been determined to be eligible for expedited service pursuant to section 387.8(a) of this Part but have not provided the verification required by section 387.8(c) of this Part, must have the prorated benefits made available as set forth in clause ( a ) of this subparagraph. When the household provides the verification required by section 387.8(c) of this Part and is determined to be eligible to receive benefits for the month following the initial month of application, then the first full month of benefits must be made available to the household within five working days following the date the verification is completed or the first working day of the following month, whichever is later.

(iii) The provisions of subparagraphs (i) and (ii) of this paragraph do not apply to households which have been determined not to be eligible to receive benefits for the initial month of application or the month following the initial month of application. Households which have been determined to be eligible for expedited service under section 387.8(a)(1) of this Part must, however, receive benefits for the initial month of application and the month following the initial month of application under the verification standards set forth in section 387.8(a)(3) of this Part. In accordance with section 387.15(f) of this Part, benefits of less than $10 are not to be issued under the provisions of subparagraphs (i) and (ii) of this paragraph.

(4) When a household's eligibility and opportunity to participate cannot be determined within 30 days of the filing date of the application, the following actions shall be taken:

(i) The cause of the delay shall be determined.

(a) The cause of the delay shall be considered the household's fault if the household has failed to complete the application process and the local district has taken the following actions to assist the household:

(1) offered to assist or has assisted the applicant in completing the application if the application form is incomplete;

(2) informed the household of the need to register for work when any member who is required to register has not done so and has given the household at least 10 days from the date of notification within which to register;

(3) assisted the household in obtaining the required verification and documentation and allowed the household at least 10 days from the date of the initial request to provide such documentation; and

(4) attempted to reschedule the interview as required in section 387.7 of this Part if the household has failed to appear at the initial interview.

(b) Delays that are the fault of the local department, including but not limited to those cases where the local district failed to take the actions to assist the household described in clause ( a ) of this subparagraph.

(ii) If by the 30th day, no further action can be taken on an application due to the fault of the household, a notice of denial must be sent to the household. However, if the household takes the required action within 60 days from the date the application was originally filed, the case must be processed without requiring a new application. If the household wishes to have the application processed during the second 30-day period, the notice of denial may include a request that the household report all changes in circumstances since the application was filed. After the notice of denial is sent, no further action by the local district is required if the household fails to take the required action within 60 days of the application filing date. If the household was at fault for the delay in the first 30-day period, but is found to be eligible during the second 30-day period, prorated benefits must be provided to the household from the date the necessary verification was provided.

(iii) If a delay in the initial 30-day period is the fault of the local district, the household shall be notified by the 30th day after the application filing date that the application is being held and the household shall be notified of any further action it must take to complete the application. If the household is found to be eligible during the second 30-day period, prorated benefits must be provided from the date of application. However, if the household is found to be ineligible during the second 30-day period, the application shall be denied.

(iv) For delays continuing 60 days, the following applies:

(a) When the social services district is at fault for not completing the application process by the end of the second 30-day period, it must continue to process the application until an eligibility decision is reached. If the household is determined to be eligible and the social services district was at fault for the delay in the initial 30 days, the household must receive benefits retroactive to the day of application. However, if the initial 30-day delay was the household's fault, the household must receive benefits retroactively to the date final verification of all required eligibility factors was received by the social services district. The original application may be used to process the application in the months following the 60-day period, or the household may be required to file a new application.

(b) When a household is at fault for not completing the application process by the end of the second 30-day period, the application must be denied. The household is not entitled to any lost benefits, even if the delay in the initial 30 days was the fault of the social services district.

(5) Categorical eligibility.

(i) Categorically eligible households are exempted from the gross and net income limits as defined in section 387.10 of this Part. Categorically eligible households are presumed, without further investigation or verification, to meet the resource limits as set forth in section 387.9 of this Part as a result of all members of the household being eligible for family assistance, nonemergency safety net assistance and/or SSI. Social security numbers, sponsored alien information and residency information as provided to establish and maintain eligibility for family assistance, non-emergency safety net assistance and/or SSI are presumed to be correct, without further investigation or verification. All other requirements of SNAP eligibility and benefit levels apply to categorically eligible households as specified in this Part. The following households shall be considered categorically eligible for SNAP:

(a) households in which all members are recipients of family assistance, nonemergency safety net assistance and/or SSI benefits must be considered categorically eligible for SNAP. Categorically eligible recipients include:

(1) households in which all members are authorized to receive family assistance, nonemergency safety net assistance and/or SSI benefits but who have not yet received payment;

(2) individuals whose family assistance, nonemergency safety net assistance and/or SSI benefits are suspended or being recouped; and

(3) individuals determined eligible for family assistance or nonemergency safety net assistance benefits but who are not paid such benefits because the grant is less than $10.

(b) households that have either an elderly or disabled member (or members) as defined in section 387.1 of this Part and a gross income at or below 200 percent of the Federal poverty limit;

(c) households that have out-of-pocket dependent care expenses and a gross income at or below 200 percent of the Federal poverty limit;

(d) households that have earned income budgeted for the purpose of determining SNAP eligibility and benefit amount and a total gross income at or below 150 percent of the Federal poverty limit; and

(e) households not meeting one or more of the definitions set forth in clauses ( a ) through ( d ) above with gross household income at or below 130 percent of the Federal poverty limit.

(ii) Under no circumstances can any household be considered categorically eligible for SNAP if any member of that household is disqualified from participating in SNAP for:

(a) an intentional program violation, as defined by section 387.1 of this Part;

(b) failure to comply with the periodic reporting requirements in accordance with section 387.17(d) of this Part; or

(c) failure to comply with the work requirements in accordance with section 385.3 of this Title.

(iii) Individuals ineligible to participate in SNAP cannot be included in any household which is otherwise categorically eligible for SNAP. Ineligible individuals include, but are not limited to, the following:

(a) aliens who do not meet the citizenship or eligible alien status requirements contained in section 387.9 of this Part or the eligible sponsored alien requirements contained in section 387.10(b)(6) of this Part;

(b) individuals who do not meet the definition of a student as contained in section 387.1 of this Part;

(c) residents of commercial boarding homes;

(d) individuals living with others and paying compensation to others for meals and lodging but not meeting the requirements for such group living/shelter arrangements;

(e) boarders, as defined in section 387.1 of this Part, unless the boarder participates as a member of the household providing services, including lodging and meals, at such household's request; or

(f) individuals or groups of individuals who are residents of institutions except the following:

(1) residents of federally subsidized housing for the elderly, built under section 202 of the Housing Act of 1959 or section 236 of the National Housing Act;

(2) persons with alcohol and/or substance use disorders residing in public or approved nonprofit private drug or alcoholic treatment centers or facilities, and children who live with their parent or parents in such drug or alcoholic treatment centers or facilities, which meet the requirements of a drug addiction or alcoholic treatment and rehabilitation facility as set forth in section 387.1 of this Part;

(3) visually impaired or otherwise disabled individuals who reside in approved group living facilities and who because of their disabilities are in receipt of social security benefits under title II or title XVI of the Social Security Act;

(4) women or women with their children who are residing in temporary shelters for battered women and children; and

(5) homeless individuals or families who are categorically eligible as defined in this paragraph and who are residents of public or private nonprofit shelters for homeless persons.