Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
116.048,
205.2005,
7 C.F.R.
273.2,
7
U.S.C. 2020(e)(2)(B),
42
U.S.C. 2000d,
52 U.S.C.
20506
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.010(2) requires the
Cabinet for Health and Family Services to administer income-supplement programs
that protect, develop, preserve, and maintain families and children in the
Commonwealth.
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 U.S.C.
2011 to
2029 and
7 C.F.R.
271.4 authorize the cabinet to administer a
Supplemental Nutrition Assistance Program (SNAP) and prescribe the manner in
which the program shall be implemented.
7
U.S.C. 2020(e)(2)(B)
requires the cabinet to develop a uniform application process.
KRS
116.048(1) designates the
cabinet as a voter registration agency in accordance with
52 U.S.C.
20506. This administrative regulation
establishes the application and the voter registration processes used by the
cabinet in the administration of the SNAP.
Section
1. Right to Apply or Reapply.
(1)
An individual shall have the right to apply or reap-ply for SNAP benefits on
the same day that the household first contacts the Department for Community
Based Services (DCBS) office during office hours.
(2) The cabinet shall make the application
process readily accessible to a household.
(3) In accordance with the procedures
established in
920 KAR
1:070, interpreter services shall be provided for a
person who is:
(a) Deaf; or
(b) Hard of hearing.
(4) In accordance with
42
U.S.C. 2000d, interpreter services shall be
provided for a person who is Limited English Proficient.
(5) An application shall be considered filed
if:
(a) A FS-1, Application for SNAP,
containing the name, address, and signature of the applicant is received by a
DCBS office; or
(b) Application for
benefits and another public assistance program is made in accordance with
921
KAR 2:040 and Section 6 of this administrative
regulation.
(6) An
application shall be processed after the:
(a)
Applicant or representative is interviewed;
(b) Required information and verification for
the application is provided to the DCBS office; and
(c) Application and all related documents are
received by the DCBS office, in accordance with Section 3(1) of this
administrative regulation.
Section 2. Who May Sign an Application. An
application for SNAP shall be signed by:
(1)
An adult or emancipated child who is a responsible member of the household;
or
(2) The household's authorized
representative.
Section
3. Where an Application is Filed.
(1) Except as provided in subsection (2) of
this section, an application shall be filed in any DCBS office or online at
benefind.ky.gov.
(2) A concurrent
application for Supplemental Security Income (SSI) and SNAP shall be filed in
the service area office of the Social Security Administration.
Section 4. Prompt Action on an
Application. The cabinet shall provide an eligible household that completes the
initial SNAP application process an opportunity to participate as soon as
possible. The cabinet shall not provide an opportunity to participate later
than:
(1) Thirty (30) days after the
application is filed for a household ineligible for expedited services;
or
(2) The fifth calendar day
following the date an application is filed for a household eligible for
expedited services.
Section
5. Expedited Service. The cabinet shall provide expedited services
to a household that is eligible in accordance with
7 C.F.R.
273.2(i).
Section 6. Public Assistance Application
Process.
(1) A household applying for Kentucky
Transitional Assistance Program (KTAP) shall be allowed to simultaneously apply
for SNAP benefits. A single interview shall be conducted for both
programs.
(2) Time standards
established in Section 4 of this administrative regulation shall not apply to a
public assistance application. A public assistance application shall be
governed by the time standards established in
921 KAR
2:035, Section 3.
(3) A household in which every member
receives, or is authorized to receive, SSI shall be considered categorically
eligible unless:
(a) The entire household is
institutionalized;
(b) A household
member is ineligible due to a drug-related felony conviction and does not meet
the criteria to remain eligible established in
KRS
205.2005;
(c) A household member is disqualified due to
an intentional program violation, defined in
921 KAR
3:010;
(d)
The head of the household is disqualified for failure to comply with the work
requirements established in 921 kar 3:027; or
(e) The entire household is disqualified due
to lottery or gambling winnings pursuant to
921 KAR
3:020, Section 7.
(4) A household in which any member receives,
or is authorized to receive cash, in-kind, or other benefits funded under the
Temporary Assistance for Needy Families (TANF) Block Grant shall be considered
categorically eligible unless:
(a) The entire
household is institutionalized;
(b)
A household member is ineligible due to a drug-related felony conviction and
does not meet the criteria to remain eligible established in
KRS
205.2005;
(c) A household member is disqualified due to
an intentional program violation, defined in
921 KAR
3:010;
(d)
The head of household is disqualified for failure to comply with the work
requirements established in 921 kar 3:027; or
(e) The entire household is disqualified due
to lottery or gambling winnings pursuant to
921 KAR
3:020, Section 7.
(5) If verified by the program, a
categorically eligible household shall not be required to verify the following
eligibility factors:
(a) Resources;
(b) Gross and net income;
(c) Social Security number;
(d) Sponsored immigrant information;
and
(e) Residency.
(6) A household that receives a
TANF information sheet at application, which makes the household aware of other
programs for which the household may qualify, shall be considered expanded
categorically eligible.
(7) If
verified by the program, an expanded categorically eligible household shall not
be required to verify the following factors:
(a) Resources;
(b) Social Security number;
(c) Sponsored immigrant information;
and
(d) Residency.
Section 7. Joint SSI
and SNAP Application Process. A household in which every member is an applicant
or recipient of SSI shall be allowed to simultaneously apply for both SSI and
SNAP in accordance with Section 3(2) of this administrative
regulation.
Section 8. Voter
Registration.
(1) In accordance with
KRS
116.048 and
52 U.S.C.
20506, a SNAP applicant or recipient shall be
provided the opportunity to complete an application to register to vote or
update current voter registration if the applicant or recipient is:
(a) Age eighteen (18) or over; and
(b) Not registered to vote or not registered
to vote at his or her current address.
(2) PAFS-706, Voter Registration Rights and
Declination, shall be utilized to document a SNAP applicant or recipient's
choice to:
(a) Register to vote;
(b) Not register to vote; or
(c) Indicate that they are currently
registered to vote.
(3)
A voter registration application shall be completed if a SNAP applicant or
recipient wants to:
(a) Register to vote;
or
(b) Update voter registration to
provide a new address.
(4) The voter registration process shall not
apply to an individual not included in the assistance application, such as an
authorized representative.
(5) All
information utilized in the voter registration process shall remain
confidential and be used only for voter registration purposes.
(6) The State Board of Elections shall
approve the application to register to vote and send a confirmation or denial
notice to the voter registration applicant.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "FS-1, Application for SNAP",
1/21; and
(b) "PAFS-706, Voter
Registration Rights and Declination", 1/21.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for
Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
116.048(1),
194A.010(2),
194A.050(1),
7 C.F.R.
271.4,
7 C.F.R.
273.2(i),
7 U.S.C.
2011-2029
