Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 475 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Chapter 4 - BENEFITS
Section 475-4-004 - HOUSEHOLD RESPONSIBILITY TO REPORT

Universal Citation: 475 NE Admin Rules and Regs ch 4 ยง 004

Current through September 17, 2024

An applying household must report all changes relating to its Supplemental Nutrition Assistance Program eligibility and benefit level at the certification interview.

004.01 REPORTING CATEGORIES. The following defines the Supplemental Nutrition Assistance Program reporting categories.

004.01(A) HOUSEHOLDS ASSIGNED TO SIMPLIFIED REPORTING. All households will be assigned to Simplified Reporting unless they are excluded from this reporting category. The household is assigned to the Simplified Reporting category at application or at recertification. When the household is assigned to the Simplified Reporting category, the household remains in this reporting category until the end of the certification period, unless the household becomes eligible to be assigned to the Transitional Benefit Reporting category.
004.01(A)(i) HOUSEHOLDS EXCLUDED FROM SIMPLIFIED REPORTING. Households whose Aid to Dependent Children Program cash grant has ended are excluded from Simplified Reporting and will be assigned to the Transitional Benefit Reporting category.

004.01(A)(ii) DETERMINING TIMEFRAMES FOR SIMPLIFIED REPORTING HOUSEHOLDS. Households assigned to Simplified Reporting at initial determination of eligibility or at recertification in which all adult members are elderly or disabled with no earned income will be given a 12 month certification period. All other households assigned to Simplified Reporting at initial determination of eligibility or at recertification will be given a six month certification period.
004.01(A)(ii)(1) CHANGES TO TIMEFRAME. No changes will be made to shorten or lengthen a correctly determined certification period in Simplified Reporting during an ongoing certification period, unless the household becomes eligible to be assigned to the Transitional Benefit Reporting category.

004.01(A)(iii) SIMPLIFIED REPORTING REQUIREMENTS. Households assigned to the Simplified Reporting category are only required to report when the household's actual total gross monthly income exceeds the maximum gross monthly income limit for the household size as it was at the most recent certification or recertification regardless of any subsequent changes in its household size when the household contains a non-exempt Able Bodied Adult Without Dependents whose hours decrease below 20 hours per week or below a total of 80 hours per month, or when a household member wins substantial gambling winnings as defined in Chapter 3. The household must report information within ten days after the last day of the month in which the change occurred. These are the only changes a household assigned to the Simplified Reporting category must report during the certification period. All other changes are reported at recertification.
004.01(A)(iii)(1) ACTION WHEN AID TO DEPENDENT CHILDREN PROGRAM GRANT ENDS. When the household is currently assigned to the Simplified Reporting category and the Aid to Dependent Children program grant ends due to going over the Aid to Dependent Children program's income limit, the household will be assigned to Transitional Benefit Reporting if they are otherwise eligible for that reporting category. The household will be assigned to the Transitional Benefit Reporting category the month the household receives the Aid to Dependent Children Program Transitional Medical Assistance grant or the month after the Aid to Dependent Children Program grant ends when a Transitional Medical Assistance grant is not authorized.

004.01(A)(iii)(2) ACTION ON INTERFACE CHANGES. The Department will take action on all information received through automated exchanges.

004.01(A)(iii)(3) ACTION ON OTHER CHANGES. Action will be taken on all reported changes even if the household was not required to report the change. Action will also be taken on information reported to the agency by someone outside the Supplemental Nutrition Assistance Program household.

004.01(A)(iii)(4) ACTION WHEN HOUSEHOLD RECEIVED OVERPAYMENT OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. During the certification period if the household fails to report when the household income exceeded the maximum gross monthly income limit for the household size, the Department will determine if an overpayment occurred. The first month of the overpayment is two months after the actual monthly income exceeded the maximum monthly gross income limit.

004.01(A)(iii)(5) ACTION WHEN HOUSEHOLD RECEIVED UNDERISSUANCE OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. Supplemental Nutrition Assistance Program benefits are not restored to Simplified Reporting households that fail to report changes at application and/or reapplication.

004.01(A)(iii)(6) REPORTING INCOME. The household must report if their gross income exceeds the amount listed on the notice of approval from the most recent initial application approval or recertification approval, as appropriate.

004.01(B) HOUSEHOLDS ASSIGNED TO TRANSITIONAL BENEFIT REPORTING. All households in which one or more members were receiving an Aid to Dependent Children Program cash grant and the Aid to Dependent Children Program cash grant ends due to going over that programs income limit will be assigned to the Transitional Benefit Reporting category unless the household is ineligible for Transitional Benefit Reporting for one of the following reasons:
(1) The Aid to Dependent Children Program cash grant is ending because of an Aid to Dependent Children Program sanction;

(2) The Aid to Dependent Children Program cash grant is ending because of non-cooperation with Employment First;

(3) An individual in the Supplemental Nutrition Assistance Program household is disqualified from Supplemental Nutrition Assistance Program; or

(4) The household failed to comply with Supplemental Nutrition Assistance Program reporting requirements.

004.01(B)(i) DETERMINING TIMEFRAMES FOR TRANSITIONAL BENEFIT REPORTING HOUSEHOLDS. Households placed in Transitional Benefit Reporting will be assigned to this category for five months. The first Transitional Benefit Reporting month is the first month of the Aid to Dependent Children Program transitional grant or the month after the Aid to Dependent Children Program grant ends when an Aid to Dependent Children Program transitional grant is not authorized. The household remains in Transitional Benefit Reporting until the end of the Transitional Benefit Reporting certification period unless the household requests to be recertified in Simplified Reporting.

004.01(B)(ii) BENEFIT LEVELS FOR TRANSITIONAL BENEFIT REPORTING HOUSEHOLDS. To calculate Supplemental Nutrition Assistance Program benefits for a household in Transitional Benefit Reporting, the Department uses the budget from the final month the household receives the Aid to Dependent Children Program grant and calculates a new budget that omits from income the Aid to Dependent Children Program grant amount.

004.01(B)(iii) TRANSITIONAL BENEFIT REPORTING REQUIREMENTS. Households in Transitional Benefit Reporting are not required to report any changes during the time the household is in this reporting category.
004.01(B)(iii)(1) ACTION ON REPORTED CHANGES IN HOUSEHOLD COMPOSITION. Household composition changes which are reported are acted on only to prevent duplicate participation or when the household requests to be recertified in the Simplified Reporting cateogry. If a household member leaves the Transitional Benefit Reporting household, the allotment remains the same unless the individual leaving the Transitional Benefit Reporting household applies for Supplemental Nutrition Assistance Program benefits on the applicant's own behalf or requests to be added to another household. In these cases, the individual(s) leaving the household will be removed from the Transitional Benefit Reporting household to prevent duplicate participation. Additionally, any income, resources, and deductible expenses attributable to the individual(s) being removed from the household will be removed from the budget for the first possible month, allowing for either timely or adequate notice, whichever is applicable. The original household remains in Transitional Benefit Reporting unless the household requests to be recertified.
004.01(B)(iii)(1)(a) INDIVIDUAL MOVING INTO A TRANSITIONAL HOUSEHOLD. If an individual joins a Transitional Benefit Reporting household, no changes are made unless the household requests to add the new individual to the Supplemental Nutrition Assistance Program household. The household is notified that their case will be closed and that the household must file a new application to receive future benefits and be placed in the proper reporting category.

004.01(B)(iii)(2)ACTION ON OTHER REPORTED CHANGES. Other changes, including verified Interfaces, which are reported or are known to the agency, are not acted on until Transitional Benefit Reporting ends. The information or verification will be placed in the case file to be used at recertification.

004.01(B)(iii)(3) ACTION WHEN TRANSITIONAL BENEFIT REPORTING ENDS. Households which have been in the Transitional Benefit Reporting category for five months will be closed at the end of the five months. To receive Supplemental Nutrition Assistance Program thereafter, a household must reapply and, upon approval, will be assigned to Simplified Reporting category.

004.01(B)(iii)(4) ACTION WHEN HOUSEHOLD RECEIVED OVERPAYMENT OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. Accounts receivable for established overpayments may be recouped from Transitional Benefit Reporting benefits.

004.01(B)(iii)(5) ACTION WHEN HOUSEHOLD RECEIVED UNDERISSUANCE OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS. If a household received fewer benefits than they were entitled to due to a Department error, the benefits will be restored to the household.

004.01(B)(iv) TRANSITIONAL BENEFIT REPORTING FOR HOUSEHOLDS THAT MOVE TO NEBRASKA. A household that received cash assistance from an Aid to Dependent Children Program, federally referred to as Temporary Assistance to Needy Families, in another state before moving to Nebraska or a household that moved to Nebraska during Transitional Benefit Reporting eligibility in another state may be eligible for Transitional Benefit Reporting. The household must meet Nebraska's Transitional Benefit Reporting eligibility requirements.

004.02 DEPARTMENT'S ACTION ON CHANGES. The Department takes action on changes pursuant to applicable federal law.

004.02(A) STATE SPECIFIC ACTION ON CHANGES. The following are the options the Department utilizes regarding the action taken on changes.
004.02(A)(i) ACTION ON ALL CHANGES. Unless specifically prohibited, the Department will take action on all reported changes, including requesting verification if required.

004.02(A)(ii) INCREASE IN BENEFITS. The Department will require verification prior to taking action on changes that increase benefits.

004.02(A)(iii) BENEFIT SUSPENSION. The Department does not suspend certification periods for period increases in recurring income or other changes not expected to continue in the subsequent month.

The Department will act on changes reported in interfaces pursuant to 7 CFR § 273.12(c)(3)(iii).

004.03 FAILURE TO REPORT. If the household failed to report a change as required and received benefits to which it was not entitled, the Department will file a claim against the household. If the discovery is made within a certification period, the Department will send the household a timely notice if its benefits will be reduced. A household is not liable for a claim because of a change in household circumstances, which it is not required to report. Individuals are not disqualified for failing to report a change unless they are disqualified in accordance with the intentional program violation disqualification procedures.

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