Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
205.2005, 7 C.F.R. Parts 271-285,
273.4,
273.5,
273.7,
273.11,
45 C.F.R. 261.2,
7 U.S.C.
2011,
2014,
2015(d)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to implement programs mandated by federal
law or to qualify for the receipt of federal funds and necessary to cooperate
with other state and federal agencies for the proper administration of the
cabinet and its programs.
7 C.F.R.
271.4 requires the cabinet to administer a
Supplemental Nutrition Assistance Program (SNAP) within the state. 7 C.F.R.
Parts 272 and 273 establish requirements for the cabinet to participate in the
SNAP. In addition,
7 U.S.C. 2014
establishes that an otherwise-qualified alien who is blind or receiving a
disability benefit, who has lived in the United States for at least five (5)
years, or who is under eighteen (18) years of age shall be eligible to
participate in SNAP regardless of the date he entered the United States. This
administrative regulation establishes the technical eligibility requirements
used by the cabinet in the administration of SNAP.
Section 1. Definitions.
(1) "Exempt" means excused by the department
from participation in the Supplemental Nutrition Assistance Program Employment
and Training Program (E&T).
(2)
"Qualified alien" is defined by
7 C.F.R.
273.4.
(3) "Student" means a person who is between
the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and
enrolled at least half-time in an institution of higher education.
Section 2. Technical Eligibility.
In accordance with 7 C.F.R. Parts 271 through 285 promulgated by the Food and
Nutrition Service (FNS), of the United States Department of Agriculture, the
cabinet shall utilize national uniform requirements of technical eligibility
for SNAP.
Section 3. Technical
Eligibility Criteria. Technical eligibility requirements shall apply to all
households and consist of the criteria established in this section.
(1) Residency. A household:
(a) Shall reside in the county in which the
household receives benefits; and
(b) May apply for benefits in any county in
accordance with
921 KAR
3:030, Section 3.
(2) Identity.
(a) The applicant's identity shall be
verified; and
(b) If an authorized
representative applies for the household, the applicant's and the authorized
representative's identities shall be verified.
(3) Citizenship and alien status.
(a) An individual shall satisfy the
citizenship and alien status requirement if the individual is a:
1. Citizen of the United States;
2. U.S. noncitizen national; or
3. Qualified alien who is lawfully residing
in Kentucky.
(b) Except
as provided in paragraph (c) of this subsection, an individual whose status is
questionable shall be ineligible to participate until verified.
(c) An individual whose status is pending
verification from a federal agency shall be eligible to participate for up to
six (6) months from the date of the original request for
verification.
(d) A single
household member shall attest in writing to the citizenship or alien status
requirements as established in
921 KAR 3:030
for each household member.
(4) Household size. If information is
obtained by the Department for Community Based Services (DCBS) that household
size differs from the household's stated size, the size of household shall be
verified through readily available documentary evidence or through a collateral
contact.
(5) Students. A student
shall be ineligible to participate unless the student is:
(a)
1.
Engaged in paid employment for an average of twenty (20) hours per week;
or
2. If self-employed, employed
for an average of twenty (20) hours per week and receiving weekly earnings at
least equal to the federal minimum wage multiplied by twenty (20)
hours;
(b) Participating
in a state or federally financed work study program during the regular school
year;
(c) Responsible for the care
of a dependent household member under the age of six (6);
(d) Responsible for the care of a dependent
household member who has reached the age of six (6), but is under age twelve
(12) and for whom the cabinet has determined that adequate child care is not
available to enable the individual to attend class and to satisfy the work
requirements of paragraphs (a) or (b) of this subsection;
(e) Receiving benefits from the Kentucky
Transitional Assistance Program (K-TAP);
(f) Assigned to or placed in an institution
of higher learning through a program pursuant to:
1.
7 C.F.R.
273.5(a);
2.
45 C.F.R.
261.2; or
3.
19
U.S.C. 2296;
(g) Enrolled in an institution of higher
learning as a result of participation in a work incentive program pursuant to
42 U.S.C. 681;
(h) Enrolled in an
institution of higher learning as a result of participation in E&T in
accordance with
921
KAR 3:042; or
(i) A single parent with responsibility for
the care of a dependent household member under age twelve (12).
(6) Social Security number (SSN).
(a) Households applying for or participating
in SNAP shall comply with SSN requirements by providing the SSN of each
household member or applying for a number prior to certification.
(b) Failure to comply without good cause
shall be determined for each household member and shall result in an
individual's disqualification from participation in SNAP until this requirement
is met.
(7) Work
registration. All household members, unless exempt, shall be required to comply
with the work registration requirements established in Section 4 of this
administrative regulation.
(8) Work
requirement.
(a) Except for individuals who
may be eligible for up to three (3) additional months in accordance with
paragraph (e) of this subsection, an individual shall not be eligible to
participate in SNAP as a member of a household if the individual received SNAP
for more than three (3) countable months during any three (3) year period,
during which the individual did not:
1. Work
eighty (80) hours or more per month;
2. Participate in and comply with the
requirements of the E&T component pursuant to
7 U.S.C.
2015(d) for twenty (20)
hours or more per week;
3.
Participate in and comply with the requirements of a program pursuant to:
a.
7 C.F.R.
273.5(a); or
b.
19
U.S.C. 2296;
4. Participate in and comply with the
requirements established in
921
KAR 3:042; or
5. Receive SNAP benefits pursuant to
paragraph (b), (c), or (d) of this subsection.
(b) Paragraph (a) of this subsection shall
not apply to an individual if the individual is:
1. Under eighteen (18) or fifty (50) years of
age or older;
2. Physically or
mentally unfit for employment as determined by the cabinet;
3. A parent or other adult member of a
household containing a dependent child under the age of eighteen
(18);
4. Exempt from work
registration pursuant to Section 4(4) of this administrative regulation;
or
5. Pregnant.
(c) Paragraph (a) of this
subsection shall not apply if, pursuant to an approved waiver by FNS, the
county or area in which the individual resides:
1. Has an unemployment rate of over ten (10)
percent; or
2. Does not have a
sufficient number of jobs to provide employment.
(d) Subsequent eligibility.
1. An individual denied eligibility pursuant
to paragraph (a) of this subsection shall regain eligibility to participate in
SNAP if, during a thirty (30) day period, the individual meets one of the
conditions of paragraph (a)1. through 4. of this subsection, or the individual
was not meeting the work requirements in accordance with paragraph (b) of this
subsection.
2. An individual who
regains eligibility pursuant to subparagraph 1. of this paragraph shall remain
eligible as long as the individual meets the requirements of subparagraph 1. of
this paragraph.
(e) Loss
of employment or training.
1. An individual
who regains eligibility pursuant to paragraph (d)1. of this subsection and who
no longer meets the requirements of paragraph (a)1. through 4. of this
subsection shall remain eligible for a consecutive three (3) month period,
beginning on the date the individual first notifies the cabinet that the
individual no longer meets the requirements of paragraph (a)1. through 4. of
this subsection.
2. An individual
shall not receive benefits pursuant to subparagraph 1. of this paragraph for
more than a single three (3) month period in any three (3) year
period.
(f) If the
individual does not meet all other technical and financial eligibility criteria
pursuant to
7 U.S.C.
2011, nothing in this section shall make an
individual eligible for SNAP benefits.
(9) Quality control. Refusal to cooperate in
completing a quality control review shall result in termination of the
participating household's benefits.
(10) Drug felons. An individual convicted
under federal or state law of an offense classified as a felony by the law of
the jurisdiction involved and that has an element of possession, use, or
distribution of a controlled substance as defined in
21
U.S.C. 862(a), may remain
eligible for SNAP benefits if the individual meets the requirements established
in
KRS
205.2005.
Section 4. Work Registration.
(1) Unless a household member is exempt from
work requirements as established in subsection (4) of this section, a household
member shall register for work:
(a) At the
time of initial application for SNAP; and
(b) Every twelve (12) months following the
initial application.
(2)
Work registration shall be completed by the:
(a) Member required to register; or
(b) Person making application for the
household.
(3) Unless
otherwise exempt, a household member excluded from the SNAP case shall register
for work during periods of disqualification. An excluded person shall be an:
(a) Ineligible alien; or
(b) Individual disqualified for:
1. Refusing to provide or apply for a Social
Security number; or
2. An
intentional program violation.
(4) An individual meeting the criteria of
7
C.F.R. 273.7(b)(1) shall be
exempt from work registration requirements.
(5) A household member who loses exemption
status due to a change in circumstances shall register for work in accordance
with
7
C.F.R.
273.7(b)(2).
(6) After registering for work, a nonexempt
household member shall:
(a) Respond to a
cabinet request for additional information regarding employment status or
availability for work;
(b) In
accordance with
7
C.F.R. 273.7(a)(1)(vi),
accept a bona fide offer of suitable employment pursuant to
7
C.F.R. 273.7(h), at a wage
not lower than the state or federal minimum wage; or
(c) In accordance with
7
C.F.R. 273.7(a)(1)(ii),
participate in the E&T Program if assigned by the cabinet.
(7) A household member making a
joint application for SSI and SNAP in accordance with
921 KAR
3:035 shall have work requirements waived in
accordance with
7
C.F.R.
273.7(a)(6).
(8) The cabinet's E&T worker shall
explain to the SNAP applicant the:
(a) Work
requirements for each nonexempt household member;
(b) Rights and responsibilities of the
work-registered household members; and
(c) Consequences of failing to
comply.
Section
5. Determining Good Cause.
(1) A
determination of good cause shall be undertaken if a:
(a) Work registrant has failed to comply with
work registration requirements as established in Section 4 of this
administrative regulation; or
(b)
Household member has, pursuant to Section 7 of this administrative regulation,
voluntarily:
1. Quit a job; or
2. Reduced the household member's work
effort.
(2)
In accordance with
7
C.F.R. 273.7(i)(2), good
cause shall be granted for circumstances beyond the control of the individual,
such as:
(a) Illness of the
individual;
(b) Illness of another
household member requiring the presence of the individual;
(c) A household emergency;
(d) Unavailability of transportation;
or
(e) Lack of adequate care for a
child who is six (6) to twelve (12) years of age for whom the individual is
responsible.
(3) Good
cause for leaving employment shall be granted if:
(a) A circumstance established in subsection
(2) of this section exists;
(b) The
employment became unsuitable in accordance with
7
C.F.R. 273.7(h);
or
(c) A circumstance established
in
7
C.F.R. 273.7(i)(3)
exists.
Section
6. Disqualification.
(1) A
participant shall be disqualified from the receipt of SNAP benefits if the
participant:
(a) Fails to comply with the
work registration requirements; or
(b) Is determined to have voluntarily,
without good cause, quit a job or reduced the work effort as established in
Section 5 of this administrative regulation.
(2) An individual disqualified from
participation in SNAP shall be ineligible to receive SNAP benefits until the
latter of the:
(a) Date the individual
complies; or
(b) Lapse of the
following time periods:
1. Two (2) months for
the first violation;
2. Four (4)
months for the second violation; or
3. Six (6) months for the third or a
subsequent violation.
(3) Ineligibility shall continue until the
ineligible member:
(a) Becomes exempt from the
work registration; or
(b)
1. Serves the disqualification period
established in subsection (2)(b) of this section; and
2. Complies with the work registration
requirements.
(4) A disqualified household member who joins
a new household shall:
(a) Remain ineligible
for the remainder of the disqualification period established in subsection
(2)(b) of this section;
(b) Have
income and resources counted with the income and resources of the new
household; and
(c) Not be included
in the household size in the determination of the SNAP allotment.
Section 7.
Disqualification for Voluntary Quit or Reduction in Work Effort.
(1) Within thirty (30) days prior to
application for SNAP or any time after application, an individual shall not be
eligible to participate in SNAP if the individual voluntarily, without good
cause:
(a) Quits a job:
1. Of thirty (30) hours or more per week;
and
2. With weekly earnings at
least equal to the federal minimum wage times thirty (30) hours; or
(b) Reduces the individual's work
effort:
1. To less than thirty (30) hours per
week; and
2. So that after the
reduction, weekly earnings are less than the federal minimum wage times thirty
(30) hours.
(2) The cabinet shall impose a
disqualification period established in Section 6(2)(b) of this administrative
regulation on an individual meeting subsection (1)(a) or (1)(b) of this
section.
Section 8.
Curing Disqualification for Voluntary Quit or Reduction in Work Effort.
(1) Eligibility and participation may be
reestablished by:
(a) Securing new employment
with salary or hours comparable to the job quit;
(b) Increasing the number of hours worked to
the amount worked prior to the work effort reduction and disqualification;
or
(c) Serving the minimum period
of disqualification imposed pursuant to Section 6(2)(b) of this administrative
regulation.
(2) If the
individual applies again and is determined to be eligible, an individual may
reestablish participation in SNAP.
(3) If an individual becomes exempt from work
registration, the disqualification period shall end, and the individual shall
be eligible to apply to participate in SNAP.
Section 9. Hearing Process. If aggrieved by a
cabinet action or inaction that affects participation, a SNAP participant may
request a hearing in accordance with
921 KAR
3:070.
Section
10. This administrative regulation was found deficient by the
Interim Joint Committee on Health, Welfare, and Family Services on September
23, 2020.
18 Ky.R. 246;
eff. 8-21-1991; 2446; eff. 3-7-1992; 19 Ky.R. 315; eff. 8-28-1992; 20 Ky.R.
3319; eff. 8-4-1994; 21 Ky.R. 2829; eff. 6-21-1995; 23 Ky.R. 3627; 4158; eff.
6-16-1997; 24 Ky.R. 1791; eff. 4-13-1998; 25 Ky.R. 919; 1369; eff. 11-18-1998;
Recodified from 904 KAR 3:025, 2-1-1999; 28 Ky.R. 990; 1432; eff. 12-19-2001;
29 Ky.R. 2382; eff. 5-15-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 37
Ky.R. 1915; eff. 4-1-2011; 44 Ky.R. 154; eff. 10-11-2017; 45 Ky.R. 196, 1677;
eff. 12-12-2018; 46 Ky.R. 2842; 47 Ky.R. 332; 977; eff.
10-12-2020.
STATUTORY AUTHORITY:
KRS
194A.050(1),
7 C.F.R.
271.4, Part 272, Part
273