Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Chapter 4 - BENEFITS
Section 475-4-001 - CALCULATING BENEFITS

Current through September 17, 2024

Benefit levels for all households are based on each household's net income and household size.

001.01 INITIAL CERTIFICATION. Benefits are prorated from the application filing date at initial certification. The eligibility determination for a household submitting an initial application is based on circumstances for the entire application month. A household's benefit level for the initial month will be based on the day of the month on which the household files the application. Benefits will be prorated from the application filing date to the end of the month.

001.02 RECERTIFICATION. When the household files a new application prior to the expiration of their certification period, benefits are not prorated. Unless there has been a break in benefits, households are not entitled to expedited services at recertification. When the household files a new application after the expiration of their certification period, benefits are prorated from the application filing date. Migrants and seasonal farm workers' benefits are not prorated unless there has been a break in service of more than one month. The Department determines eligibility and benefit level at the time of recertification by considering the household's circumstances as anticipated for the certification period following the expiration of the current certification period.

001.02(A) APPLICATION TIMEFRAME. An application will be considered as an application for recertification if it is received within the 60 days before the last day of a certification period, or within 30 days after the last day of the certification period. The last day of a certification period is day 1 when counting back 60 days. Applications received before the 60 day timeframe will not be considered recertification applications but they will be reviewed for actionable changes. Applications received within 30 days after the last day of the certification period are considered late recertifications and are eligible for expedited service.

001.03 ELIGIBILITY FOLLOWING APPLICATION MONTH. The Department will use the same application to deny a case for the initial month and to approve the case for the following month when both of the following conditions are met and actions are completed at the same time:

(A) The household is ineligible for the program in the month of application; and

(B) The household is eligible for the program in the following month.

001.04 RETROACTIVE BENEFITS. Retroactive benefits are issued only when eligibility is determined in the month(s) following application. The Department will issue retroactive benefits to a household for the month of application when all of the following conditions are met:

(1) The household is eligible for the program in the month of application;

(2) The household is entitled to benefits in the month of application; and

(3) The Department makes the determination in a month following the month of application that the two steps above apply to the household.

001.04(A) TIME STANDARDS. The eligibility determination for the month following the month of application will be made within the time standards for application processing.

001.05 FLUCTUATING ALLOTMENTS. When there are anticipated changes in the household circumstances, and the household does not choose to use the averaging procedures, the assigned allotment will reflect changes anticipated at the time of certification.

001.06 PRORATED ALLOTMENT. Benefits are prorated for the first month of the initial certification period and for the month following recertification when there has been a break in service and at reinstatement. If the allotment after proration is less than $10, benefits are not issued for that month.

001.06(A) STANDARD MONTH. As a basis of proration, the automated system uses a 30-day month as a standard for households. Application of households applying on the 31st day of a month will be treated as though the household had applied on the 30th day of the month. In February, households applying on the 28th or 29th day are treated the same as households applying on those dates in any other month.

001.06(B) EXPEDITED PROCESSING. If the household files an initial application on or after the 16th day of the month, the Department issues one combined allotment for the month of application and the following month. The household must provide verification of the identity of the head of the household before receiving benefits but may postpone providing some or all of the other verifications for the first two months. The combined allotment will be issued within seven calendar days of the receipt of the application. All required verifications must be provided before the third month's benefits can be issued.

001.06(C) MIGRANT AND SEASONAL FARMWORKER HOUSEHOLDS. The Department will not prorate benefits for migrant and seasonal farm workers when the household has participated in the Supplemental Nutrition Assistance Program within a month before the date of application or at reinstatement.

001.07 FULL MONTHS ALLOTMENT. A full month's allotment is provided in all months except the initial month, the first month of the recertification period when there has been a break in service, or at reinstatement. Except during a prorated month, all eligible one and two-person households will receive at least the minimum monthly benefit, listed in a guidance document. A full month's allotment for a household of three or more may be less than the minimum monthly benefit. All eligible households with three or more members who are entitled to benefits of $1, $3, and $5 will have the benefits adjusted up to $2, $4, and $6, respectively.

001.08 FAILURE TO COMPLY WITH ANOTHER PROGRAM REQUIREMENT. The Supplemental Nutrition Assistance Program allotment is reduced 25% when:

(1) The household is receiving Supplemental Nutrition Assistance Program benefits and an Aid to Dependent Children Program or Assistance to the Aged, Blind, or Disabled Program cash payment at the time of noncompliance with the means-tested program; and

(2) The individual within the Supplemental Nutrition Assistance Program household is being sanctioned through a reduction or termination of cash assistance for failure to comply with an Aid to Dependent Children Program or Assistance to the Aged, Blind, or Disabled Program requirement and there is no corresponding Supplemental Nutrition Assistance Program requirement.

001.08(A) INCLUSION IN THE CASH PAYMENT. The household, unit, or individual must be included in the cash payment at the time of the sanction. If there is a corresponding Supplemental Nutrition Assistance Program guideline for which the individual is being sanctioned in the Aid to Dependent Children Program or Assistance to the Aged, Blind, or Disabled Program cash assistance program, only the Supplemental Nutrition Assistance Program penalty applies.

001.08(B) TIMEFRAME OF SANCTION. The 25% allotment reduction is applied the same month the assistance payment is reduced or terminated. If the household member who caused the sanction leaves the household, the benefit reduction is lifted the month following the report the individual is no longer in the Supplemental Nutrition Assistance Program household.
001.08(B)(i) SANCTION DUE TO GRANT REDUCTION. If the grant is reduced, the Supplemental Nutrition Assistance Program failure to comply with another program requirement penalty continues until the sanction is lifted. If the sanction is still in effect at the end of one year, the Department will review the case to determine if the failure to comply with another program requirement penalty should continue.

001.08(B)(ii) SANCTION DUE TO GRANT TERMINATION. If the grant is terminated due to an Aid to Dependent Children Program Employment First sanction, the failure to comply with another program penalty is applied concurrently with the minimum length of the Employment First sanction.

001.08(B)(iii) ENDING SANCTION. If the household is no longer eligible for cash assistance due to a reason other than the sanction, the failure to comply with another program penalty will be lifted.

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