Six-month reporting.

(1) The following definitions are used in this subdivision:

(i) Six-month reporting refers to a reporting system used for households with earned income in accordance with instructions from the Office of Temporary and Disability Assistance. It is a system in which information concerning the incomes and circumstances of food stamp recipient households with earned income are required to report every six months at recertification or to submit a periodic report. Households that are subject to six-month reporting are required to report only changes in the amount of gross monthly income exceeding 130 percent of the monthly Federal poverty income guideline for their household size. In addition, households with able-bodied adults without dependents who are subject to the six-month reporting rules as described in paragraph (4) of this subdivision must also report changes in work status that affect food stamp eligibility.

(ii) Periodic report means a form upon which a recipient household that is subject to six-month reporting reports income and household circumstances for food stamps for the most recent six-month period. Households are required to file such a report for social services districts that have been given written permission by the Office of Temporary and Disability Assistance to have certification periods of seven full months or greater. The social services district must act on any change reported by such households on the periodic report in accordance with paragraph (e)(6) of this section. A periodic report is considered complete when the household has:

(a) answered all questions;

(b) provided verification of all reported income; and

(c) signed and dated the report on or after the last day of the fifth month of the report period.

(iii) Primary source means information received from employers concerning wages paid to a household, computer match information about Federal benefits received from the Social Security Administration, information from the New York State Department of Labor or local district employment contractor that a food stamp recipient has failed to comply with a food stamp work requirement, a determination by a court, administrative hearing or disqualification consent agreement of an intentional program violation, or actions taken by other programs under the authority of a social services district that affect budgeting for food stamps.

(iv) Process month means the month in which information contained in a periodic report or obtained during a certification is reviewed. With respect to information obtained at recertification, the process month is the last month of the authorization period. A new food stamp budget is required to be authorized in the month following the month of a process month with respect to the information obtained if the information indicates a change has occurred and a new benefit level is to be determined as a result of the change.

(v) Verified upon receipt means that information is received from the primary source and it is not questionable. A report of a change in income cannot be considered as verified upon receipt unless it includes an exact new income amount, effective date of receipt and any other information needed to recalculate the food stamp benefit amount. When information has been reported to another program area directly administered by the local social services district such as Medicaid, or family and children services and the information is verified by that program, then the change must be considered verified by the food stamp division of the local social services district and acted upon by the division if it would affect benefits or eligibility for food stamp benefits.

(2) For any month that a household's gross income exceeds 130 percent of poverty, the household must report their monthly income by the 10th day of the month following the month in which they exceeded the limit. If a food stamp household subject to six-month reporting fails, without good cause, to return a completed periodic report by the 10th day of the process month, the social services district must send a timely and adequate notice of discontinuance. Any changed circumstances reported on the periodic report that results in changes in benefits must be noticed to households using adequate notice.

(3) Group home households/residents with earned income are excluded from food stamp six-month reporting rules if they are in receipt of supplemental security income (SSI) or social security disability benefits. Households eligible for a transitional benefit alternative are exempt from reporting changes in the monthly gross income level while they are in the transitional benefit period. At the end of the transitional benefit period, households subject to the six-month reporting rules will be required to certify that their gross income does not exceed 130 percent of poverty. Households with certification periods of less than six months in duration are excluded from the six-month reporting rules.

(4) Households subject to six-month reporting rules with able bodies adults without dependent(s) (ABAWD) may be required by the social services district to report on a monthly basis changes in working hours that would affect food stamp eligibility. For a household subject to the food stamp six-month reporting rules, the social services district must act on reported changes that affect food stamp eligibility and benefit amounts only if the information is:

(i) that the total monthly household income exceeds 130 percent of poverty;

(ii) verified upon receipt;

(iii) reported on the food stamp periodic report;

(iv) reported at recertification;

(v) reported pursuant to public assistance reporting requirements and the action is taken on the public assistance budget. However, if a household in receipt of public assistance and food stamps fails to submit a public assistance quarterly report, no action for discontinuance of food stamps for failure to submit the report can be taken;

(vi) voluntarily reported and verified and the information increases the food stamp benefit;

(vii) that a household requests to have its food stamp case closed; or

(viii) that a household member does not meet ABAWD requirements. For households in receipt of public assistance and food stamps subject to the six-month reporting rules, workers in the social services districts must not act on, or compute food stamp overpayment amounts for, change reports other than those listed in the subparagraphs of this paragraph.

(5) If the recipient responds to the discontinuance notice and submits a completed report before the effective date of the discontinuance, the social services district must accept the completed periodic report and void the notice of discontinuance.

(6) Good cause for failure to submit a completed periodic report.

(i) Good cause for the failure to return a completed periodic report by the end of the process month exists only in the following situations:

(a) the recipient has a physical or mental condition which prevents complete reporting;

(b) the failure of the recipient to submit a complete report is directly attributable to Office of Temporary and Disability Assistance or social services district error; or

(c) there are other extenuating circumstances under which the recipient cannot reasonably be expected to fulfill the responsibility to report for reasons beyond the recipient's control.

(7) Projecting average income. The amount of earned income used to determine food stamp benefits will be based on an estimate of average monthly earnings. To project average monthly income, a social services district must average the weeks of earned income reported, but no less than the most recent four weeks of income, or if there has been a change expected to last at least 30 days, use the new information regarding the amount of pay and the frequency of pay. Income which is not of a continuing nature must not be included for purposes of projecting average income.

(8) Average monthly income is applied against need to determine the amount of food stamp benefits for each calendar month of a certification period. The amount of average earned income applied must be recalculated at recertification and when a periodic report is received by the agency. Adjustments to benefits will be made prospectively whenever information is received in accordance with paragraph (4) of this subdivision.

(9) Verification required with the periodic report.

(i) The household must provide verification of current income and any child care costs incurred in the most recent month whether or not changes have occurred in such amounts. Failure to provide verification of current income will result in closure of the food stamp case. Failure to provide verification of child care costs will result in loss of child care deductions.

(ii) The household must provide verification of any other reported changes in household circumstances. The social services district must act on any change which would produce a decrease in benefits whether or not it is verified, but must not act on an unverified change which would produce an increase in benefits.

(iii) A social services district must afford a household the opportunity to verify child care costs and costs identified in subparagraph (ii) of this paragraph in accordance with paragraph (e)(3) of this section with respect to any change which it has initially failed to verify in the period report. Changes reported in a periodic report will be considered as having been reported on the date the report is received.

(iv) A social services district must not require verification of information prior to the most recent calendar month for a periodic report. A social services district must not require verification of changes reported outside of the periodic report and recertification that are not required to be reported by a household that is subject to six-month reporting.