Nebraska Administrative Code, Chapter 3, Section 475-3-001 - NONFINANCIAL ELIGIBILITY STANDARDS | Nebraska Administrative Code

(A) Identity;

(B) Residency;

(C) Citizenship/alien status;

(D) Work requirement;

(E) Student status;

(F) Social security number;

(G) Drug felon status;

(H) Striker status; and

(I) Household composition

001.01 IDENTITY. To be eligible, the individual making application must prove the applicant's identity. The Department verifies the identity of the applicant. When an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of the household will be verified.

001.01(A) VERIFICATION OF IDENTITY. The Department:

(i) Verifies identity through readily available documentary evidence or, if this is unavailable, through a collateral contact; and

(ii) Accepts any documents which reasonably establish the applicant's identity.

001.02 RESIDENCY. Only Nebraska residents are eligible. An individual may participate in only one household in any one month across all states and Program project areas, unless that individual is a resident of a shelter for battered persons and was a member of the household containing the abusive person.

001.02(A) DURATION. Residency does not require an intent to live in the state permanently. Persons in the state solely for vacation purposes are not eligible.

001.02(B) FIXED RESIDENCE. A fixed residence is not required.

001.02(C) VERIFICATION OF RESIDENCY. The Department verifies residency in conjunction with the verification of other information whenever possible. The Department may also verify residency through a home visit, collateral contact, or other documentary evidence.

001.03 CITIZENSHIP OR ALIEN STATUS. When a non-citizen requests to participate in Supplemental Nutrition Assistance Program, the applicant's alien status will be determined. Citizenship or alien status of a new household member is determined at the time the individual is added to the household. If the individual does not meet the citizenship or alien provisions, the applicant is ineligible.

001.03(A) VERIFICATION VIA THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS PROGRAM. The status of all aliens requesting benefits will be verified through the Systematic Alien Verification for Entitlements program. If a household or individual indicates inability or unwillingness to provide documentation of alien status for any household member, that member is considered an ineligible alien. If applicants do not wish to have Citizenship and Immigration Services contacted to verify their immigration status, the household has the option of participating without that member. The household may also choose to withdraw its entire application.

001.03(B) HOUSEHOLD MEMBERS MEETING CITIZENSHIP OR ALIEN REQUIREMENTS. To be eligible, a household member must meet the citizenship or alien status requirements of Title 7 of the Code of Federal Regulations (CFR) § 273.4.

001.03(C) INELIGIBLE ALIENS. Aliens, other than those meeting citizenship or alien requirements outlined in this section, are ineligible for Supplemental Nutrition Assistance Program benefits. These include, but are not limited to, alien visitors, tourists, diplomats, and students who enter the United States with no intention of abandoning their residence in a foreign country.

001.03(C)(i) MICRONESIA AND MARSHALL ISLANDS. Citizens of the Federated States of Micronesia and the Marshall Islands may enter and leave the United States without providing documentation, but they are not United States citizens and are therefore ineligible for program benefits.

001.03(C)(ii) ATTESTING TO CITIZENSHIP OR ALIEN STATUS. At the time of initial certification, the individual making application must attest to the citizenship of all household members requesting benefits by checking the appropriate field and signing the application.

001.03(D) EXPEDITED SERVICES. If an individual is unable to verify alien status in time to meet expedited time frames and the individual has declared eligible citizenship or alien status, the verification will be postponed.

001.03(E) REPORTING UNDOCUMENTED ALIENS. The agency will immediately inform the local Citizenship and Immigration Services office whenever personnel responsible for the certification or recertification of households determine that an applicant or recipient is illegally in the United States in violation of the Immigration and Nationality Act. An alien is known to be "illegal" only when the unlawful presence in the United States is a Finding of Fact or conclusion of law that is made by the entity as part of a formal determination subject to administrative review. In addition, that finding or conclusion of unlawful presence must be supported by a determination by the Service or the Executive Office of Immigration Review, such as the Final Order of Deportation.

001.03(F) VERIFICATION OF CITIZENSHIP OR ALIEN STATUS. When the citizenship or alien status of any person applying for benefits is questionable, the household is required to provide verification of citizenship or alien status. The household member is ineligible until proof of United States citizenship or eligible alien immigration status is received.

001.03(G) PENDING VERIFICATION OF IMMIGRATION STATUS. Some applicants who declare eligible immigration status may not have documents issued by Citizenship and Immigration Services. Until acceptable documentation is provided, a non-citizen is ineligible for Supplemental Nutrition Assistance Program unless:

(i) The Department has submitted a copy of a document provided by the household to Citizenship and Immigration Services for verification;

(ii) The Lawful Permanent Resident or the Department has:

(1) Submitted a request to Social Security Administration for information regarding the number of quarters of work that can be credited to the individual;

(2) Social Security Administration has responded that the individual has fewer than 40 quarters; and

(3) The individual provides documentation from the Social Security Administration that the Social Security Administration is conducting an investigation to determine if more quarters can be credited; or

(iii) The applicant or Department has submitted a request to a federal agency for verification of information which bears on the individual's eligible alien status.

01.03(H) APPLICATION PROCESSING PENDING VERIFICATION. During the period of time the alien's status is under review by the Citizenship and Immigration Services, Social Security Administration or another federal agency, the Department cannot delay, deny, reduce, or terminate the individual's eligibility on the basis of the individual's immigration status. Pending the outcome of the review, the alien may be certified for up to six months from the date of original request for verification. The alien's eligibility will be reviewed based on the results of the investigation when received from the federal agency. The alien may be determined eligible or ineligible.

001.04 WORK REQUIREMENTS. The work requirement provision is applied statewide. Exemptions from the work requirements and eligibility for meeting the work requirements are covered in this section. Each household member age 16 through 59 must meet or be exempt from the work participation requirements which are:

(1) Work Registration;

(2) Bona Fide Job Offer;

(3) Voluntary Quit; or

(4) Employment First work requirements for recipients of Aid to Dependent Children.

001.04(A) ADDITIONAL WORK REQUIREMENT. Each household member age 18 through 49, in addition to the work requirements above, must also meet or be exempt from the Able Bodied Adult Without Dependents work requirements discussed later in this section.

001.04(B) WORK REQUIREMENT EXEMPTIONS. The following household members are exempt from meeting any work requirements:

(1) A person age 15 or younger. If a household member's sixteenth birthday falls within a certification period, that member will register for work as part of the next scheduled recertification unless otherwise exempt;

(2) A person age 16 or 17 who is not the head of household, or who is attending school, or enrolled in an employment and training program on at least a half-time basis;

(3) High school students of any age who are attending classes at least half-time;

(4) A student enrolled at least half time in any recognized school, training program, or post-secondary education when the individual is an exempt student. The following persons are not considered as students:

(a) Persons who experience a break in their enrollment due to graduation, expulsion, suspension; or

(b) Persons who drop out or do not intend to return to school;

(5) A person age 60 or older. If a person who is age 59 will turn 60 during the application month, then that person is considered exempt;

(6) A person who is physically or mentally unfit for employment. Verification may be required if a disability is claimed but is not evident to the Department. The individual is considered disabled if the individual receives one of the following:

(a) Retirement, Survivors and Disability Insurance or Supplemental Security Income based on disability;

(b) A statement from the Veteran's Administration indicating inability to work;

(c) Medical Assistance based on disability;

(d) A statement from the individual's physician or licensed certified psychologist indicating inability to work; or

(e) Temporary or permanent disability benefits from other government or private sources;

(7) An employed or self-employed person if that person is working at least 30 hours per week or is receiving weekly earnings equal to or greater than the federal minimum wage or training wage multiplied by 30 hours. This includes migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days;

(8) A parent or other household member responsible for the care of a dependent child age five or younger or an incapacitated person. If the child's sixth birthday falls within a certification period, the member responsible for that child's care must register for work as part of the next scheduled recertification unless otherwise exempt;

(9) A person who receives unemployment compensation. A person who has applied for but has not yet received unemployment compensation is also exempt if that person was required to register for work with the Job Service Workforce Development as part of the unemployment compensation application. This is verified through wage match procedures; or

(10) A chemically dependent person participating in a chemical dependency treatment and rehabilitation program.

001.04(B)(i) CHANGE IN EXEMPTION STATUS. Household member(s) who lose their exempt status due to a change in circumstances that is required to be reported are screened for the work requirements at the time of report. Household member(s) who lose their exemption due to a change in circumstances that is not required to be reported are screened for the work requirements at the household's next recertification.

001.04(B)(ii) UNEMPLOYMENT COMPENSATION NONCOMPLIANCE. Household members who fail to comply with the unemployment compensation requirements lose their work requirement exemption. Unless these individuals are otherwise exempt, they are required to comply with the work requirements as appropriate.

001.04(B)(iii) EMPLOYMENT FIRST NONCOMPLIANCE.

(a) Household members who fail to comply with Employment First work requirements and who are otherwise exempt from work requirements are not disqualified for a work requirement. However, they are subject to a penalty under Chapter 4 of this title, failure to comply with another program requirement.

(b) Household members who fail to comply with Employment First work requirements and who are not otherwise exempt from work requirements are disqualified for noncompliance with a work requirement. The disqualification follows Supplemental Nutrition Assistance Program work requirement disqualification penalties.

001.04(B)(iii)(1) ACTION AFTER EMPLOYMENT FIRST NONCOMPLIANCE. The appropriate work requirement disqualification is applied. In addition, the individuals are subject to the failure to comply with another program requirement penalty for noncompliance with Employment First.

001.04(C) WORK REGISTRATION. Household members who are not exempt from work registration are considered registered when an adult household member or an authorized representative signs the completed application form.

001.04(D) EMPLOYMENT AND TRAINING. Individuals residing in Nebraska are geographically exempt from mandatory Employment and Training participation. Individuals may volunteer to participate in Employment and Training in designated areas of the state. The Employment and Training program is governed by federal regulations at 7 CFR § 273.7(d), 7 CFR § 273.7(e), 7 § CFR 273.7(m), and the Nebraska Employment and Training State Plan. Participation in Employment and Training is voluntary in Nebraska and failure to cooperate will not impact Supplemental Nutrition Assistance Program participation unless participation satisfied the Able Bodied Adult Without Dependents work requirement.

001.04(E) REFUSAL TO ACCEPT A BONA FIDE JOB OFFER OR VOLUNTARY QUIT. If an individual refuses to accept a bona fide job offer or voluntarily quits employment within 60 days before an application is filed, any time after the application is filed or after the household is certified, the individual or the entire household may become ineligible for the Supplement Nutrition Assistance Program, pursuant to the disqualification's timeframes referenced in this section, unless they are able to claim good cause. The household cannot claim good cause for refusing a bona fide job offer due to not meeting the drug test requirement. The following conditions do not constitute a refusal to accept a bona fide offer or a voluntary quit:

(i) Employer offered employment of less than 30 hours per week or less than an equivalent of 30 hours times the federal minimum wage;

(ii) Program recipient initiated changes in employment status which do not result in reducing hours of employment to less than 30 hours per week for the same employer;

(iii) Terminating a self-employment enterprise; or

(iv) Resigning from a job at the employer's demand.

001.04(F) NON-COMPLIANCE WITH WORK REQUIREMENTS. In any of the following situations an individual is ineligible to participate in the Supplemental Nutrition Assistance Program when the individual:

(1) Refuses without good cause to register for employment;

(2) Voluntarily and without good cause quits a job or reduces employment to less than 30 hours per week;

(3) Refuses without good cause to accept an offer of bona fide employment;

(4) Is a non-exempt Able Bodied Adult Without Dependents who has used three months of time-limited benefits in the 36-month period and is not meeting an Able Bodied Adult Without Dependents work requirement; or

(5) Is determined to be noncompliant with Employment First and is not otherwise exempt from work requirements.

001.04(F)(i) ONGOING COMPLIANCE. Household member who is exempt from work requirements is not subject to a disqualification at the time of non-compliance. If the individual is participating in the program at the time non-compliance is discovered, the household is treated as a certified household.

001.04(F)(ii) FAILURE TO COMPLY WITH WORK REQUIREMENT. If a household member who has work registered refuses or fails to comply with any of the work participation requirements, the Department will initiate the noncompliance process. The process includes the following steps:

(1) Determine the reason(s) the noncompliance occurred;

(2) Determining if good cause exists;

(3) If good cause does not exist, determining if the individual who committed the violation is the head of household or another household member; and

(4) Closing the individual or household, whichever is appropriate, and providing timely notice to the household.

001.04(F)(iii) GOOD CAUSE. Good cause for not meeting the work participation requirement may include, but is not limited to:

(1) Illness of the employed household member;

(2) Illness of another household member requiring the presence of the employed member;

(3) A household emergency;

(4) Unavailability of transportation;

(5) Recognition of the fact that the employment does not meet the suitability of employment criteria;

(6) Discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs;

(7) Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

(8) Acceptance of employment or enrollment of at least half-time in any recognized school, training program, or institution of higher education that requires the head of household to leave other employment;

(9) Acceptance by any other household member of employment or enrollment at least half-time in any recognized school, training program, or institution of higher education which requires the household to relocate and requires other employed household members to leave their employment;

(10) Resignations by persons under 60 which are recognized by the employer as retirement;

(11) Employment which becomes unsuitable by not meeting the suitable employment criteria after the employment has been accepted;

(12) Acceptance of a bona fide job offer which meets the criteria for employment but because of circumstances beyond the control of the head of household, subsequently either:

(a) Does not materialize;

(b) Results in employment of less than 30 hours per week; or

(c) Earnings of less than the federal minimum wage multiplied by 30 hours per week; or

(13) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another, such as in migrant farm labor or construction work. There may be some cases where households will apply for Supplemental Nutrition Assistance Program benefits between jobs, particularly when work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment is considered as with good cause if it is part of the pattern of that type of employment.

001.04(F)(iv) ENGLISH AS A SECOND LANGUAGE. Problems caused by the individual's inability to speak, write, or read English could constitute good cause.

001.04(F)(v) LIMITATION OF GOOD CAUSE. The good cause provision is not applied to federal, state, or local governmental employees who strike against their employers and consequently lose their jobs.

001.04(G) HEAD OF HOUSEHOLD. Each applicant household must designate a head of household. The head of household's name will appear on the case record and all correspondence related to that case. The head of household will not have special requirements based on this designation. The head of household is not required to appear at the certification office to apply for benefits.

001.04(G)(i) DESIGNATION OF HEAD OF HOUSEHOLD. The head of household designation determines how the disqualification penalties will be applied in situations of failure to comply with the work related requirements. The head of household is determined as follows:

(a) If there is only one adult parent, of a child of any age, in the household, that individual is the head of household;

(b) If there is more than one parent of a child in the household, then the household may select the head of household; or

(c) For households that do not have children, the household chooses the head of household or if the household does not specify the head of household, the head of household must be the primary wage earner.

(d) The primary wage earner must be the household member, including excluded members, who is the greatest source of earned income in the two months before the month of the violation.

001.04(G)(i)(1) DESIGNATION EXCEPTIONS. The designation of head of household for households consisting of parents must be made at the time of application and may be changed at the time of review or if the household composition changes. The household cannot designate a disqualified household member as the head of household. The head of household for work requirement compliance must be an eligible household member.

001.04(H) INELIGIBILITY OF A HOUSEHOLD MEMBER. The following disqualification information applies to all members of the household.

001.04(H)(i) INELIGIBILITY OF AN APPLICANT HOUSEHOLD MEMBER. If any household member becomes ineligible to participate due to non-compliance with Supplemental Nutrition Assistance Program work requirements, the household member is ineligible to participate for:

(1) Thirty days from the application filing date for the first disqualification;

(2) Ninety days from the application filing date for the second disqualification; and

(3) One hundred eighty days from the application filing date for the third or subsequent disqualification.

001.04(H)(ii) INELIGIBILITY OF A CERTIFIED HOUSEHOLD MEMBER. After a household member has been certified in the Supplemental Nutrition Assistance Program and then does not comply with work requirements, the individual is ineligible to participate in any household for:

(a) One calendar month for the first violation;

(b) Three calendar months for the second violation; and

(c) Six calendar months for the third and subsequent violation.

001.04(H)(ii)(1) EXEMPTION OF HOUSEHOLD MEMBER DURING DISQUALIFICATION PERIOD. If an individual becomes exempt from the work requirements during the disqualification period, the individual may again be included in the benefits. Otherwise, the individual must not be included in the household's allotment until the month following the last month of the disqualification period.

001.04(I) ACTION TAKEN AFTER DISQUALIFICATION. Within ten days of noncompliance or notification of noncompliance, the household will:

(i) Be provided with a timely notice which describes:

(1) The specific reason or action of noncompliance;

(2) The penalty imposed for the noncompliance, including the period of disqualification; and

(3) That the household may apply at the end of the disqualification period or the household member would be added back to the unit at the end of the disqualification period.

(ii) Begin the disqualification period with the first month after the expiration of the timely notice period unless a fair hearing is requested. If a fair hearing is held and the Department action is upheld, the disqualification period begins the month after the decision is made.

001.04(J) FAIR HEARINGS. Each household has a right to a fair hearing to appeal a denial, reduction, or termination of Supplemental Nutrition Assistance Program benefits because of a determination of non-exempt status or a determination of failure to comply with work participation requirements. Actions that may be appealed include:

(1) Exemption status;

(2) Type of requirement imposed; or

(3) The Department's refusal to grant good cause.

001.04(J)(i) REVIEW OF CASE FILE. Household members are allowed to examine the documents in their case file at a reasonable time before the fair hearing except that confidential information such as test results may be withheld. Information not released to the household may not be used by either party at the hearing.

001.04(K) ENDING THE DISQUALIFICATION. An individual's disqualification will be ended if the disqualified individual becomes exempt from Supplemental Nutrition Assistance Program work requirements.

001.04(K)(i) DISQUALIFIED INDIVIDUALS LEAVING THE HOUSEHOLD. If the disqualified individual leaves the household and joins a different Supplemental Nutrition Assistance Program household, the disqualification period in the new Supplemental Nutrition Assistance Program household continues until served.

001.04(L) REAPPLYING AFTER DISQUALIFICATION. In situations when the entire household is disqualified, the household may apply in the last month of the disqualification period. Eligibility can be reestablished no earlier than the date after the disqualification ends. If the household files an application before the end of the current disqualification period, the following will occur:

(i) If the application is prior to the final month of the disqualification period, the application will be denied; or

(ii) If the application is within the last month of the disqualification period, the application will be denied for the month of application but the household will be certified for subsequent months if all other eligibility factors are met.

001.04(M) OCCURRENCE OR DISCOVERY IN THE LAST MONTH OF CERTIFICATION. The following rules explain how a household will be affected by work requirement disqualifications in the last month of a certification period.

001.04(M)(i) HOUSEHOLD REAPPLIES. If a failure or refusal to comply with a work participation requirement occurs or is discovered in the last month of the certification period, the disqualification will be determined at the time of recertification. The appropriate disqualification period will begin the first day after the existing certification period ends.

001.04(M)(ii) NO REAPPLICATION. If a failure or refusal to comply with a work requirement occurs or is discovered in the last month of the certification period and the household does not reapply, the disqualification will be reviewed at the next certification. If the household reapplies during what would otherwise have been the disqualification period for the prior failure to comply violation, the remainder of the disqualification period will be applied. The disqualification period would begin the day after the certification period expires, which is:

(a) One calendar month for the first violation;

(b) Three calendar months for the second violation; and

(c) Six calendar months for the third and subsequent violation.

001.04(M)(ii)(1) APPLYING THE DISQUALIFICATION AT NEXT CERTIFICATION. If the individual in violation is the only household member, the household is not eligible for benefits until the disqualification period is served. If the disqualified individual is a member of a household of one or more other individuals who are eligible household members, that individual will not be added to the household until the month following the month the disqualification period has been served.

001.04(N) ABLE BODIED ADULTS WITHOUT DEPENDENTS WORK REQUIREMENTS. Able Bodied Adults Without Dependents are eligible for only three full months of benefits during a 36-month period without meeting an Able Bodied Adults Without Dependents work requirement or qualifying for an Able Bodied Adult Without Dependents work requirement exemption. Months of prorated benefits do not count in the three months. An Able Bodied Adult Without Dependents 36-month period begins the first full month the individual does not meet an Able Bodied Adults Without Dependents work requirement or qualify for an Able Bodied Adults Without Dependents exemption.

001.04(N)(i) WORK REQUIREMENTS FOR ABLE BODIED ADULTS WITHOUT DEPENDENTS. Individual's age 18 through 49 are ineligible to receive benefits after three full months unless they meet one of the following criteria:

(1) Working 20 or more hours per week, including in-kind or volunteer work, or a total of 80 hours per month;

(2) Participating in and complying 20 or more hours per week or a total of 80 hours per month with the requirements of a work program. A work program means:

(a) A program under the Workforce Innovation and Opportunity Act;

(b) A program under section 236 of the Trade Act of 1974; or

(c) An employment and training program other than job search or job search training approved by the State; or

(3) Any combination of working and participating in a work program for a total of 20 or more hours per week or a total of 80 hours per month.

001.04(N)(i)(a) ABLE BODIED ADULT WITHOUT DEPENDENTS WORK REQUIREMENT EXEMPTIONS. Individuals are exempt if they meet one of the following:

(1) Under 18 or over 49 years of age;

(2) Physically or mentally unfit for employment;

(3) Residing in a Supplemental Nutrition Assistance Program household where a household member is age 17 or younger, even if the household member who is age 17 or younger is not receiving benefits;

(4) Pregnant;

(5) Exempt from work requirements; or

(6) Resides in an area that has been granted an exemption by the Department.

001.05 STUDENT STATUS. A household member who is enrolled at least half time in an institution of higher education must meet one of the student eligibility exemptions to be eligible to participate. The program definition of a student is an individual enrolled at least half time in a regular curriculum at:

(1) A college or university that offers degree programs, regardless of whether a high school diploma is required; or

(2) A business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certification for enrollment.

001.05(A) STUDENT EXEMPTIONS. A student by program definition who meets one of the following requirements is eligible to participate if the student is:

(i) Age 17 or younger;

(ii) Age 50 or older;

(iii) Physically or mentally unfit;

(iv) Included in an Aid to Dependent Children Program grant unit;

(v) Enrolled in the Employment First Program;

(vi) Working an average of 20 hours or more per week for pay or 80 hours or more per month for pay or, if self-employed, working an average of 20 hours or more per week or 80 hours or more per month and receiving weekly or monthly earnings at least equal to the federal minimum wage multiplied by 20 hours per week or 80 hours per month. For self-employed students, the net income after business deductions is multiplied by 20 hours per week or 80 hours per month and then compared to the federal minimum wage;

(vii) Participating in a state or federally financed work study program during the regular school year. The following restrictions apply to work study:

(1) The student must be approved for work study at the time of application for Supplemental Nutrition Assistance Program benefits;

(2) The work study must be approved for the school term and the student must anticipate actually working during that time;

(3) The work study exemption begins the month the school term begins or the month the work study is approved, whichever is later; and

(4) The work study exemption does not continue between terms when there is a break of a full month or more, unless the student is participating in work study during the break;

(viii) Participating in an on-the-job training program. An individual is considered participating only during the time the person is being trained by the employer. During the period of time the person is only attending classes, this exemption would not apply;

(ix) Responsible for the care of a dependent household member who is age five or younger;

(x) Responsible for the care of a dependent household member who is age 11 or younger when the Department has determined that adequate childcare is not available to enable the student to attend class and comply with the work requirements of student eligibility;

(xi) A single parent enrolled full time in an institution of higher education and responsible for the care of a dependent child age 11 or younger. This provision applies when only one biological, adoptive, or stepparent (regardless of marital status) is in the same Supplemental Nutrition Assistance Program household as the child. This provision may apply to another full-time student in the same Supplemental Nutrition Assistance Program household as the child when:

(1) No biological, adoptive, or stepparent is in the same Supplemental Nutrition Assistance Program household; and

(2) The student has parental control over the child and is not living with his or her spouse; or

(xii) Assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the following programs:

(1) Workforce Innovation and Opportunity Act;

(2) State's Employment and Training Program, subject to the condition that the program of study:

(a) Is part of a program of career and technical education as defined in section three of the Carl D. Perkins Career and Technical Education Act of 2006 designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965; or

(b) Is limited to remedial courses, basic adult education, literacy, or English as a second language;

(3) Section 236 of Trade Act of 1974; or

(4) Employment First program.

001.05(B) CONTINUED ENROLLMENT. Enrollment is considered as continued through normal periods of class attendance, vacation, and recess unless the student graduates, drops out, is suspended, or expelled, or does not intend to register for the next normal school term.

001.05(C) VERIFICATION OF STUDENT STATUS. The following must be verified for students:

(i) If students indicate they are employed an average of 20 hours or more per week or 80 hours or more per month, the number of hours worked must be verified;

(ii) If students indicate they actively participate in a state or federal work study program during the regular school year, the participation must be verified;

(iii) If students state they are physically or mentally unfit, the unfitness must be verified if the Department has determined the unfitness is not apparent;

(iv) If students state they are receiving and are included in the Aid to Dependent Children Program grant, the inclusion must be verified if they Department does not already have the information;

(v) If students state they are enrolled in the Employment First Program, the participation must be verified if the Department does not already have the information;

(vi) If students state they are responsible for the physical care of a dependent child, declaration from the households is sufficient unless questionable; or

(vii) If students are participating in training through the Workforce Innovation and Opportunity Act, a program under Section 236 of the Trade Act of 1974, or a state or local employment and training program, the participation must be verified if the Department does not already have the information.

001.05(D) NOT STUDENTS. The following individuals attending school are not required to meet the student status eligibility criteria:

(i) Individuals enrolled less than half time;

(ii) High school students of any age;

(iii) Graduate Equivalency Degree students of any age;

(iv) Individuals enrolled in English as Second Language courses only; and

(v) Individuals enrolled in other classes not part of an institution's regular curriculum.

001.06 SOCIAL SECURITY NUMBER. All household members applying for participation in the Supplemental Nutrition Assistance Program must provide their social security number. If an applicant household member does not have a social security number, the individual must apply for one before certification unless the individual has good cause for failure to apply.

001.06(A) PROVIDING THE SOCIAL SECURITY NUMBER. Providing the social security number is voluntary, however failure to provide or apply for a social security number will result in the denial of benefits to each individual failing to provide a social security number. A household member with more than one social security number must provide all of them. The social security number of a non-participating household member will be used in computer matching and program reviews or audits in the same manner as the social security number of a participating household member.

001.06(B) ELIGIBILITY AFTER NOT PROVIDING A SOCIAL SECURITY NUMBER. To be eligible, a household member who previously has not provided a social security number must:

(i) Provide the Department with that individual's social security number;

(ii) Demonstrate that application has been made for a social security number; or

(iii) Demonstrate that the individual has attempted to supply the documentation required for a social security number.

001.06(C) NEWBORN'S SOCIAL SECURITY NUMBERS. Parents of a newborn child may apply for a social security number for the child at the hospital when this service is available. A household must provide proof of application for a social security number for a newborn child or within six months following the month the baby is born or at its next recertification, whichever is later.

001.06(D) APPLICATION PROCESSING PENDING VERIFICATION OF SOCIAL SECURITY NUMBER. The application cannot be delayed pending the verification of a social security number.

001.06(E) APPLYING FOR A SOCIAL SECURITY NUMBER. Individuals who wish to participate in the Supplemental Nutrition Assistance Program but do not have a social security number are referred to their local Social Security Administration Office to apply for a social security number. Once an application for a social security number has been completed, the individual may participate during the period the social security number is being obtained from the Social Security Administration.

001.06(F) GOOD CAUSE. The Department considers the following when determining whether good cause exists for failure to provide a social security number:

(1) Information received from the household member;

(2) Information received from the Social Security Administration; and

(3) Information received by the Department.

001.06(F)(i) GOOD CAUSE AFTER SOCIAL SECURITY NUMBER APPLICATION. Documentary evidence or other information that indicates the household has applied for or made every effort to supply the necessary information for a social security number is considered as proof of good cause.

001.06(F)(ii) SITUATIONS NOT CONSIDERED GOOD CAUSE. Good cause does not include delays caused by illness, lack of transportation, or temporary absences from the home because Social Security Administration makes provisions for mail in applications in lieu of applying in person.

001.06(F)(iii) CONTINUED PARTICIPATION. If a household member can show good cause for why the household member has been unable to provide verification in order to complete the social security number application process, the household member may participate for the month of application and one additional month. After this, the household must show good cause monthly in order to continue participating.

001.06(G) ENDING DISQUALIFICATION. An ineligible household member may become eligible by:

(i) Providing the Department with the household member's social security number;

(ii) Demonstrating that application has been made for a social security number; or

(iii) Demonstrating that the household member has attempted to supply the documentation required for a social security number application.

001.06(H) USE OF THE SOCIAL SECURITY NUMBER. The Department uses the household member's social security number to:

(i) Prevent duplicate participation;

(ii) Facilitate mass changes in federal benefits;

(iii) Determine the accuracy or reliability of information given by households; and

(iv) Initiate computer matches through the automated system.

001.06(I) VERIFICATION OF SOCIAL SECURITY NUMBERS. Social security numbers for all household members are verified through the interface in the automated system.

001.07 DRUG FELON STATUS. Drug felon participants are only eligible in accordance with Neb. Rev. Stat. § 68-1017.02. Drug felonies that occurred on or before August 22, 1996, do not affect eligibility.

001.08 DISQUALIFICATION OF INDIVIDUALS CONVICTED OF CERTAIN FELONIES. An individual is disqualified from Supplemental Nutrition Assistance Program if the individual has, both, been convicted of the following crimes on or after February 8, 2014 and is in violation of the terms of their sentence:

(1) Aggravated sexual abuse under Title 18 United States Code § 2241;

(2) Murder under Title 18 United States Code § 1111;

(3) Sexual exploitation and abuse of children defined in Title 18 United States Code Chapter 110;

(4) Sexual assault as defined in section 40002(a) of the Violence Against Women Act of 1994 which is codified at Title 42 United States Code § 13925(a); or

(5) An offense under state law determined by the Attorney General to be substantially similar to an offense described in (1) through (4) above.

001.08(A) REGAINING ELIGIBILITY. Individuals are ineligible until they are back in compliance with the terms of their sentence. If they are a fleeing felon or in violation of probation or parole then they are eligible once they are no longer fleeing or in violation. The following applies to when individuals can receive benefits after the disqualification ends:

(i) If an individual would otherwise be part of a certified household, they become eligible for the first month after:

(1) The month in which the individual becomes compliant; and

(2) The household reports the individual has become compliant.

(ii) If an individual is not able to be added to an already certified household and their compliance did not occur in the month for which previous benefit had closed, then they are eligible for benefits as of the day of compliance.

(iii) If an individual is not able to be added to an already certified household but the compliance occurred within 30 days of the date of closure, the benefits can be reinstated as long as the following criteria are met:

(1) The compliance occurs on or before the 30th day after the date of closure;

(2) The compliance is reported on or before the 30th day after the date of closure; and

(3) The compliance is verified within 10 days of the date of report.

001.08(B) VERIFICATION OF FELONY. If households declare that there is an individual not in compliance with the terms of the sentence of a felony defined in this section then they must provide verification of the felony. Households must also provide verification that they are now within compliance after they were previously non-compliant.

001.08(B)(i) APPLICATION PROCESS PENDING VERIFICATION. Applications will not be delayed beyond the time standards set forth in chapter two of this title when the only remaining verification is for proof of the non-compliance with a felony of this section. If verification is not provided by the date the application must be processed in order to meet the timeliness standards, the application will be processed without consideration of the felony and compliance status.

001.09 STRIKERS. Strikers are only eligible for Supplemental Nutrition Assistance Program pursuant to Title 7 CFR § 273.1(e) and § 273.7.

001.10 HOUSEHOLD COMPOSITION. Before eligibility can be determined, the household must meet certain criteria and the Department will determine the number of people that can and must participate in the program. The following guidelines apply:

(1) Individuals participating in the program titled, "Food Distribution Program for Households on Indian Reservations" are not eligible to receive Supplemental Nutrition Assistance Program benefits in the same calendar month;

(2) Household members may only participate in one household during the month unless the members live in a shelter for battered persons and were members of the household containing the person who allegedly abused them;

(3) Persons who reside in institutions are not included in the same household with persons who do not;

(4) Unborns are not considered household members;

(5) Persons who live with the household but also maintain separate residence because of work, school, or other reasons are not considered household members if they are apart from the household for a majority of their meals; and

(6) Persons who receive Supplemental Security Income from a Supplemental Security Income cash-out state are not eligible for Supplemental Nutrition Assistance Program benefits. Once these individuals begin receiving Supplemental Security Income through Nebraska, they would be eligible for Supplemental Nutrition Assistance Program benefits in Nebraska.

001.10(A) HOUSEHOLD CONCEPT. A household may be composed of any of the following individuals or groups of individuals:

(i) An individual living alone;

(ii) An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from the others;

(iii) A group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

(iv) An individual who is 60 years of age or older and who is unable to purchase and prepare meals separate from other household members because:

(1) The individual suffers from a disability considered permanent by Social Security Administration; or

(2) The individual suffers from a non-disease-related, severe, permanent disability. An individual meeting the above criteria may be a separate household provided that the income of the others with whom the individual resides, excluding the income of the spouse of the elderly and disabled member, does not exceed the 165 percent poverty guidelines. The individual's spouse would be included in the household with the disabled individual;

(v) Children age 22 or older and their parent(s) may be separate households if they purchase and prepare their meals separately;

(vi) A foster child in the Independent Living Program under the supervision of the Department; or

(vii) Eligible resident of an institution.

001.10(B) DETERMINING HOUSEHOLD STATUS. Some individuals or groups of individuals who meet the definition of a household by customarily purchasing and preparing food apart from others will not be granted separate household status. The following individuals are not eligible for separate household status:

(1) A spouse of a household member when the two live together;

(2) A boarder;

(3) A person age 21 or younger who is living with the person's natural or adoptive parent(s) or step-parent(s); or

(4) Children who are age 17 or younger and under the parental control of an adult household member. A child is considered to be under parental control for purposes of this provision if the individual is financially or otherwise dependent on a member of the household.

001.10(B)(i) SEPARATE HOUSEHOLD STATUS VERIFICATION. Individuals who claim separate household status are responsible for proving the separate status.

001.10(C) NON-HOUSEHOLD MEMBERS. The following individuals residing with a household will not be considered household members in determining the household's eligibility or benefit:

(1) A roomer or an individual to whom a household furnishes lodging, but not meals, for compensation;

(2) A live-in attendant who resides with a household to provide medical, housekeeping, childcare, or other similar personal services;

(3) Other individuals who share quarters with the household but who do not customarily purchase food and prepare meals with the household;

(4) Students who are enrolled in an institution of higher education and who are ineligible because they failed to meet the student eligibility exemption criteria; and

(5) Individuals receiving Supplemental Security Income or State Supplemental payments from a Supplemental Security Income cash-out state.

001.10(C)(i) ELIGIBLE AS A SEPARATE HOUSEHOLD. The following non-household members may be separate households, provided they file an application and are otherwise eligible:

(1) Roomers;

(2) Live-in attendants; and

(3) Other individuals who live with the household but who do not customarily purchase food and prepare food with the household.

001.10(C)(ii) NOT ELIGIBLE AS SEPARATE HOUSEHOLD. The following non-household members are not eligible as separate households:

(1) Ineligible students;

(2) Individuals receiving Supplemental Security Income or State Supplemental payments from a Supplemental Security Income cash-out state;

(3) Foster child(ren); and

(4) Ineligible aliens.

001.10(D) EXCLUDED FROM BENEFIT. The following household members are excluded from the household when determining benefit level and may not participate as separate households:

(i) Individuals who do not apply for or provide their social security numbers;

(ii) Ineligible Able Bodied Adults Without Dependents;

(iii) Ineligible aliens or individuals who do not provide information regarding their citizenship or alien status;

(iv) Individuals disqualified for failure to comply with the work requirements; and

(v) Individuals disqualified for the following reasons:

(1) Intentional Program Violation;

(2) Conviction for the use of Supplemental Nutrition Assistance Program benefits in the sale of a controlled substance;

(3) Conviction for trafficking Supplemental Nutrition Assistance Program benefits totaling $500 or more;

(4) Drug-related felony violation as pursuant to section 001.07 of this chapter;

(5) Convicted of certain felonies pursuant to section 001.08 of this chapter;

(6) Fleeing from prosecution or custody for a felony, parole or probation violation;

(7) Found guilty by a court or state agency of having made fraudulent representation of identity or residency to receive Supplemental Nutrition Assistance Program benefits in more than one household in the same month; and

(8) Conviction for the use of Supplemental Nutrition Assistance Program benefits in the sale of firearms, ammunition, or explosives.

001.10(E) VERIFICATION OF HOUSEHOLD COMPOSITION. Due to the difficulty in verifying whether a group of individuals customarily purchases or prepares meals together and therefore constitutes a household, the household's statement is generally taken regarding preparation and purchasing of food.

Nebraska Administrative CodeTopic - HEALTH AND HUMAN SERVICES SYSTEMTitle 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMChapter 3 - ELIGIBILITYSection 475-3-001 - NONFINANCIAL ELIGIBILITY STANDARDS

Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Chapter 3 - ELIGIBILITY
Section 475-3-001 - NONFINANCIAL ELIGIBILITY STANDARDS