Current through Register Vol. 46, No. 39, September 25, 2024
Eligibility for, and participation in the food stamp
program shall be based on definitions contained in this Part:
(a)
Administrative error is
an over-issuance of food stamp benefits caused by the local department's action
or failure to take action.
(b)
Agency conference is a conference held by the local department
for households which wish to contest a denial of expedited service or other
case actions taken by the local department.
(c)
Aliens eligible to
participate in the food stamp program are those who are residents of the United
States and who also:
(1) are lawfully
admitted for permanent residence as immigrants as defined in section 101(a)(15)
and (20) of the Immigration and Nationality Act; or
(2) entered the United States prior to
January 1, 1972, or some later date as required by law, and have continuously
maintained residency in the United States since then, and are not eligible for
citizenship, but are considered to be lawfully admitted for permanent residence
as a result of an exercise of discretion by the Attorney General pursuant to
section 249 of the Immigration and Nationality Act; or
(3) are qualified for entry into the United
States after March 31, 1980 because of persecution or fear of persecution on
account of race, religion or political opinion, pursuant to section 207
(formerly 203[a][7]) or section 208 of the Immigration and Nationality Act;
or
(4) are qualified for
conditional entry into the United States prior to April 1, 1980 pursuant to
former section 203(a)(7) of the Immigration and Nationality Act; or
(5) were granted asylum through an exercise
of discretion by the Attorney General pursuant to section 208 of the
Immigration and Nationality Act; or
(6) are lawfully present in the United States
as a result of an exercise of discretion by the Attorney General for emergent
reasons or reasons deemed strictly in the public interest pursuant to section
212(d)(5) of the Immigration and Nationality Act, or as a result of a grant of
parole by the Attorney General; or
(7) live within the United States and for
whom the Attorney General has withheld deportation pursuant to section 243 of
the Immigration and Nationality Act; or
(8) are defined as aged, blind or disabled in
accordance with section 1614(a)(1) of the Social Security Act and are
considered to be lawfully admitted for permanent residence pursuant to section
245A(b)(1) of the Immigration and Nationality Act; such aliens may obtain
lawful permanent residence status under section 245(b)(1) of such act no
earlier than November 7, 1988; or
(9) are granted lawful temporary resident
status pursuant to section 245A of the Immigration and Nationality Act at least
five years prior to applying for food stamps and who subsequently gained lawful
permanent resident status pursuant to section 245A of such act; such aliens may
obtain temporary residence status no earlier than May 5, 1987; or
(10) as of June 1, 1987, or thereafter, are
classified as special agricultural workers and lawfully admitted for temporary
residence in accordance with section 210(a) of the Immigration and Nationality
Act; or
(11) are lawfully admitted
for temporary residence as an additional special agricultural worker as of
October 1, 1989 through September 30, 1993 in accordance with section 210A(a)
of the Immigration and Nationality Act.
(d)
Allotment is the total
value of food stamps a household is authorized to receive during each month or
other time period as specified in section
387.17
of this Part.
(e)
Authorized representative is an individual who is:
(1) chosen, through a written designation, by
the head of a household, spouse or other responsible household member to
represent the household in applying for and/or using the food stamp benefits;
or
(2) an employee designated by a
publicly operated community mental health center or a private, nonprofit drug
addiction or alcoholic treatment and rehabilitation facility, group living
arrangement and/or shelter for battered women and children who will represent
households which reside at such centers in applying for and obtaining food
stamps; or
(3) the only adult
residing in the household available to be the authorized representative for the
household children, even though classified as a nonhousehold member for
purposes of the food stamp program.
(f)
Boarder is an individual
who resides with others in the household and pays reasonable compensation for
lodging and meals. In no instance can boarder status be granted to those
individuals or groups of individuals described in subparagraph (t)(2)(i) of
this section.
(g)
Boarding
house is an establishment which is licensed or viewed by the community
as a commercial enterprise, offering meals and lodging for one or more persons
for compensation, with the intention of making a profit.
(h)
Coupon means any coupon,
stamp, type of certificate, authorization card, cash or check issued in lieu of
a coupon, or access device, including an electronic benefit transfer card or
personal identification number.
(i)
Department is the New York State Department of Social
Services.
(j)
Destitute
households are households whose only income for the month of
application:
(1) was received prior to the
dated application and was from a source which has been terminated; or
(2) is from a new source, and no more than
$25 of gross income will be received within 10 calendar days after the date of
application from the new source.
(k)
Disqualified individuals
are individuals not eligible to participate in the food stamp program for
failure to comply with a food stamp work registration requirement or a food
stamp work requirement provided in section
385.3
of this Title, for failure to apply for or provide a social security number,
for being an ineligible alien, or for committing an intentional program
violation.
(l)
Drug
addiction or alcoholic treatment and rehabilitation facility is a
facility operated by a private, nonprofit organization or is a publicly
operated community mental health center. Any drug addiction or alcoholic
treatment facility must either be authorized as a retailer by the United States
Department of Agriculture (USDA) or be eligible to receive funds under part B
of title XIX of the Public Health Service Act (42 U.S.C.
300x
et seq.) even if it
does not actually receive such funding. Private, non-profit facilities must
also be certified by the New York State Division of Alcoholism and Alcohol
Abuse or the New York State Division of Substance Abuse Services.
(m)
Elderly or disabled
member means a member of a household who:
(1) is 60 years of age or older; or
(2) is receiving Supplemental Security Income
(SSI) benefits under title XVI of the Social Security Act or disability or
blindness payments under title I, II, XIV or XVI of the Social Security Act;
or
(3) is receiving Federal- or
State-administered supplemental benefits under section 1616(a) of the Social
Security Act provided that the eligibility to receive the benefits is based
upon the disability or blindness criteria used under title XVI of the Social
Security Act (Compilation of the Social Security Laws, 1985; 99th Congress, 1st
Session; page 491; section 1614[a][2] and [a][3]; U.S. Government Printing
Office, Washington, DC, Secretary of State file Nos. 00513, filed February 28,
1986, and 01036, referenced May 19, 1986); or
(4) is receiving Federal- or
State-administered supplemental benefits under section 212(a) of Public Law
93-66; or
(5) is receiving
disability retirement benefits from a governmental agency because of a
disability considered permanent under section 221(i) of the Social Security
Act; or
(6) is a veteran with a
service-connected or nonservice-connected disability rated by the Veterans'
Administration (VA) as total or paid as a total disability by the VA under
title 38 of the United States Code (38 USC, Veterans'
Benefits, U.S. Government Printing Office, Washington, DC, pages 46-51, 1985),
or is considered by the VA to be in need of regular aid and attendance or
permanently housebound under such title of the code; or
(7) is a surviving spouse of a veteran and
considered by the VA to be in need of regular aid and attendance or is
permanently housebound or is a surviving child of a veteran and considered by
the VA to be permanently incapable of self-support under title 38 of the
United States Code (38 USC, Veterans' Benefits, U.S.
Government Printing Office, Washington, DC, pages 62-66, 1985); or
(8) is a surviving spouse or child of a
veteran and considered by the VA to be entitled to compensation for a
service-connected death or pension benefits for a nonservice-connected death
under title 38 of the United States Code and has a disability
considered permanent under section 221(i), the Social Security Act (38 USC,
Veterans' Benefits, U.S. Government Printing Office, Washington, DC, pages
62-66, 1985). Entitled as used in this definition refers to
the surviving spouses and surviving children of veterans who are receiving the
compensation or pension benefits or have been approved for such payments, but
are not yet receiving them; or
(9)
is receiving an annuity under:
(i) section 2 (a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be
eligible to receive Medicare by the Railroad Retirement Board; or
(ii) section 2 (a)(1)(v) of the Railroad
Retirement Act of 1974 and is determined to be disabled based upon the criteria
used under title XVI of the Social Security Act (Compilation of the Social
Security Law, 1985; 99th Congress, 1st Session; page 491; section 1614[a][3];
U.S. Government Printing Office, Washington, DC, Secretary of State file Nos.
00513, filed February 28, 1986 and 01036, referenced May 19, 1986);
or
(10) is receiving
disability-related medical assistance under title XIX of the Social Security
Act provided that the eligibility to receive such benefits is based upon the
disability or blindness criteria used under title XVI of the Social Security
Act.
(n) Elderly
Simplified Application Project (ESAP) is a federally-approved demonstration
project which streamlines the SNAP application, recertification and
verification processes for eligible seniors and/or disabled
individuals.
(o)
Eligible
food means:
(1) any food or food
product intended for human consumption except alcoholic beverages, tobacco, and
hot foods and hot food products prepared for immediate consumption;
(2) seeds and plants to grow foods for the
personal consumption of eligible households;
(3) meals prepared and delivered by an
authorized meal delivery service to households eligible to use SNAP benefits to
purchase delivered meals; or meals served by an authorized communal dining
facility for the elderly, for SSI households or both, to households eligible to
use SNAP benefits for communal dining;
(4) meals prepared and served by a drug
addict or alcoholic treatment and rehabilitation center to narcotic addicts or
alcoholics and their children who live with them;
(5) meals prepared and served by a group
living arrangement facility to residents who are blind or disabled;
(6) meals prepared by and served by a shelter
for battered women and children to its eligible residents; or
(7) in the case of homeless SNAP households,
meals prepared for and served by an authorized public or private nonprofit
establishment (e.g., soup kitchen, temporary shelter),
approved by an appropriate State or local agency, that feeds homeless
persons.
(p)
Equity value is the fair market value of a resource less
encumbrances.
(q)
Essential
persons are those individuals who live in an SSI recipient's home and
provide medical, housekeeping and other personal/attendant services for the SSI
recipient.
(r)
Expedited
service is the processing of an application for food stamps in
accordance with the provisions of section
387.8(a)(2)(i)
of this Part. The following households are entitled to expedite service:
(1) households with less than $150 in monthly
gross income, provided their liquid resources do not exceed $100;
(2) migrant or seasonal farmworker households
who are destitute as defined in subdivision (k) of this section, provided their
liquid resources do not exceed $100;
(3) eligible households in which all members
are homeless individuals as defined in subdivision (v) of this section;
and
(4) eligible households whose
combined monthly gross income and liquid resources are less than the
household's monthly rent or mortgage and utilities.
(s)
Fair hearing is an
impartial review as requested by the household, of actions taken on a food
stamp applicant or recipient's case by the local department. Such fair hearings
shall be conducted by a representative of the department.
(t)
FNS is the Food and
Nutrition Services of the United States Department of Agriculture.
(u)
Group living facilities
are public or private, non-profit residential facilities that serve no more
than 16 residents. Such private, non-profit facilities must be certified by the
appropriate State agency or agencies. To be eligible for food stamp benefits, a
resident in such a group living facility must be disabled as defined in this
section.
(v)
Head of
household.
(1) General definition. The
head of a household is the member of the applicant household
designated by the household to represent the household in all matters
pertaining to its eligibility for and receipt of food stamps. The head of
household classification must not be used to impose special requirements on the
household, such as requiring that the head of household, rather than another
responsible member of the household, receive the ATP in his/her name or appear
at the certification office to apply for benefits.
(2) Special definition. For purposes of
compliance with food stamp employment and training programs and voluntary quit
provisions, the head of household means a person as defined in
section
387.13(i)
of this Part.
(w)
Homeless individual or family is a person or
family which:
(1) lacks a fixed and regular
night time residence; or
(2) has a
primary night time residence that is:
(i) a
supervised shelter, such as a hotel or motel or congregate shelter, which is
designed to provide temporary accommodations; or
(ii) an institution providing temporary
residence for individuals who need to be institutionalized; or
(iii) a temporary accommodation, for not more
than 90 days, in the residence of another individual or family; or
(iv) a place not designed for, or ordinarily
used, as a regular sleeping accommodation for human beings, such as a hallway,
a bus station, a lobby or other similar place.
(x)
Homeless meal provider.
(1) A homeless meal provider is:
(i) a public or private nonprofit
establishment that feeds homeless persons, such as a soup kitchen or temporary
shelter. Such establishment must obtain the approval of the department and be
authorized by the Food and Nutrition Service of the United States Department of
Agriculture to accept food stamps from eligible homeless participants of the
food stamp program; or
(ii) a
restaurant that contracts with the department to offer meals at concessional
(reduced) prices to homeless persons. Such a restaurant must obtain the
approval of the department and be authorized by the Food and Nutrition Service
of the United States Department of Agriculture to provide meals at concessional
prices to homeless persons and to accept food stamps from eligible homeless
participants of the food stamp program.
(2) A homeless meal provider, or any employee
designated by a homeless meal provider, cannot act as an authorized
representative for homeless food stamp recipients.
(y)
Household concept.
(1) General definition. A household is
composed of any of the following individuals or groups of individuals:
(i) an individual living alone; or
(ii) an individual living with others, but
customarily purchasing food and preparing meals for home consumption separate
and apart from others; or
(iii) a
group of individuals who live together and customarily purchase food and
prepare meals together for home consumption; or
(2) Special definition.
(i) The following individuals living with
others or groups of individuals living together must be considered as
customarily purchasing food and preparing meals together, even if they do not
do so:
(a) a spouse of a member of the
household;
(b) a child(ren) under
18 years of age, other than a foster child(ren), under the parental control of
an adult household member who is not the child(ren)'s parent or
stepparent;
(c) parents and their
child(ren) or stepchild(ren) 21 years of age or younger.
(ii) An otherwise eligible individual who is
60 years of age or older (and the spouse of such individual) who is living with
others and who is unable to purchase and prepare meals because he/she suffers
from a disability considered permanent under the Social Security Act
(Compilation of the Social Security Laws; 1985; 99th Congress, 1st Session;
pages 491-494; section 1614[a] U.S. Government Printing Office, Washington,
DC), or suffers from a nondisease-related, severe permanent disability, may be
a separate household based on the provisions of clauses (i)(a)
and (b) of this paragraph. However, the income of the others
with whom the individual resides (excluding the income of the individual and
spouse) cannot exceed 165 percent of the poverty level.
(3) Nonhousehold members. The following
individuals, if otherwise eligible, may participate in the food stamp program
as separate households:
(i)
roomers;
(ii) live-in attendants;
or
(iii) other individuals who
share living quarters with the household but who do not customarily purchase
and prepare meals with the household. For example, if the applicant household
shares living quarters with another family to save on rent, but does not
purchase and prepare food together with that family, the members of the other
family are not members of the applicant household.
(4) Ineligible individuals. Some household
members are ineligible to receive food stamp benefits under the provisions of
this Part or may become ineligible as set forth below. Ineligible individuals
include but are not limited to the following:
(i) Ineligible student. An individual who
does not meet the definition of a student as contained in subdivision (ii) of
this section.
(ii) Ineligible
alien. An individual who is not a citizen of the United States and does not
meet the eligible alien requirements set forth in section
387.9(a)(2)
of this Part. An alien who is a qualified alien, as set forth below, is not
eligible to participate in the food stamp program unless otherwise provided for
in section
387.9(a)(2)
of this Part.
(a) Qualified alien is an alien
who at the time the alien applies for, receives or attempts to receive food
stamp benefits, is:
(1) an alien who is
lawfully admitted for permanent residence under the Immigration and Nationality
Act;
(2) an alien who is granted
asylum under section 208 of the Immigration and Nationality Act;
(3) a refugee who is admitted to the United
States under section 207 of the Immigration and Nationality Act;
(4) an alien who is paroled into the United
States under section 212(d)(5) of the Immigration and Nationality Act for a
period of at least one year;
(5) an
alien whose deportation is being withheld under section 243(h) of the
Immigration and Nationality Act; or
(6) an alien who is granted conditional entry
pursuant to section 203(a)(7) of the Immigration and Nationality Act as in
effect prior to April 1, 1980.
(iii) Intentional program violator. An
individual who is disqualified for an intentional program violation as defined
in this section.
(iv) An individual
who is disqualified for failure to provide a social security number (SSN) as
set forth in section
387.9(a)(5)
of this Part.
(v) An individual who
was sanctioned for failure to comply with a food stamp work registration or
work requirement provided in section
385.3
of this Title.
(vi) Individuals or
groups of individuals who are residents of an institutional living arrangement
except for the following:
(a) residents for
federally subsidized housing for the elderly, built under section 202 of the
Housing Act of 1959 ( P.L. 86-372) or section 236 of the National Housing Act (
P.L. 73-479);
(b) drug addicts or
alcoholics residing in public or approved nonprofit private drug or alcoholic
treatment centers, and children who live with their parent or parents in such
drug or alcoholic treatment centers, which meet the requirements of subdivision
(l) of this section;
(c) disabled
persons who reside in approved group living facilities as defined in this
section;
(d) women or women with
their children who are residing in temporary shelters for battered women and
children as defined in subdivision (ff) of this section;
(e) homeless individuals or families residing
in temporary public or private nonprofit shelters for homeless
persons.
(vii) Residents
of a commercial boarding home.
(viii) Individuals living with others and
paying compensation to others for meals and lodging but not meeting the
requirements as defined in this section for group living/shelter
arrangements.
(ix)
(a) An individual found by a State agency to
have made or is convicted in a Federal or State court of having made a
fraudulent statement or representation with respect to the identity or place of
residence of the individual in order to receive multiple benefits
simultaneously under the food stamp program. Such an individual is ineligible
to participate in the food stamp program as a member of any household for a
period of 10 years.
(b) An
individual convicted in a Federal or State court of having made a fraudulent
statement or representation with respect to the place of residence of the
individual in order to receive public assistance, medical assistance or food
stamps simultaneously from two or more states or supplemental security income
in two or more states. Such an individual is ineligible to participate in the
Food Stamp Program as a member of any household for a period of 10 years from
the date of such individual's conviction. This paragraph does not apply with
respect to the conviction of an individual in any month beginning after the
President of the United States grants a pardon with respect to the conduct
which was the subject of the conviction.
(x) Fleeing felon. An individual is
ineligible to participate in the food stamp program as a member of any
household for any period during which the individual is fleeing to avoid
prosecution, or custody or confinement after conviction, under the law of the
place from which the individual is fleeing, for a crime, or attempt to commit a
crime, that is a felony under the law of the place from which the individual is
fleeing or that, in the case of the State of New Jersey, is a high misdemeanor
under the law of New Jersey.
(xi)
An individual violating a condition of probation or parole imposed under a
Federal or State law.
(z)
Inadvertent household
error is an overissuance of food stamp benefits caused by a
misunderstanding or unintentional error on the part of the household.
(aa)
Institution of higher
education is any institution which normally requires a high school
diploma or equivalency certificate for enrollment. Such institutions shall
include, but not be limited to: colleges, universities, and vocational or
technical schools at the post-high school level.
(ab)
Intentional program
violation occurs when an applicant or recipient intentionally makes a
false or misleading statement, misrepresents, conceals, withholds facts or
commits any act that constitutes a violation of the Food and Nutrition Act of
2008, the SNAP regulations or any State statute relating to the use,
presentation, transfer, acquisition, receipt or trafficking of SNAP
benefits.
(ac)
New York
State Combined Application Project (NYSCAP) is a federally-approved
demonstration project which uses an automatic SNAP case enrollment and
conversion process for certain single, live-alone Supplemental Security Income
recipients.
(ad)
Live-in
attendant is an individual who lives in a household for the purpose of
providing medical, housekeeping, child care, or other personal
services.
(ae)
Residents of
institutions are those individuals who are provided the majority of
their meals (over 50 percent of three meals daily) as part of the institution's
normal service.
(af)
Roomer is a person to whom a household furnishes, for
consideration, lodging but not meals.
(ag)
Shelter deduction is a
deduction for shelter costs in excess of 50 percent of the household's income
up to the established maximum after all other income exclusions and deductions
are allowed. Households with an aged or disabled member are not subject to the
maximum.
(ah)
Shelter for
battered women and children means a public or private nonprofit
residential facility that serves battered women and their children. If such a
facility serves other individuals, a portion of the facility must be set aside
on a long-term basis to serve only battered women and children.
(ai)
Spouse refers to either
of two individuals who would be defined as married under applicable State
law.
(aj)
Standard utility
allowance.
(1) The standard allowance
for heating/cooling consists of the costs for heating and/or cooling the
residence, electricity not used to heat or cool the residence, cooking fuel,
sewage, trash collection, water fees, fuel for heating hot water and basic
service for one telephone.
(2) The
standard allowance for telephone is the cost for basic service for one
telephone.
(3) The standard
allowance for utilities consists of the costs for electricity not used to heat
or cool the residence, cooking fuel, sewage, trash collection, water fees, fuel
for heating hot water and basic service for one telephone.
(ak)
Striker is anyone
involved in a strike or a concerted stoppage of work by employees, including
stoppage by reason of the expiration of a collective-bargaining agreement, and
any concerted slowdown or other concerted interruption of operation by
employees. Employees who are prevented from working by a strike but are not
participating in a strike are considered nonstrikers. Nonstrikers who are
eligible for food stamps include, but are not limited to, the following:
(1) employees whose work place is closed by
an employer in order to resist the demands of employees, such as a lockout;
or
(2) employees who are unable to
work as a result of striking employees, such as truck drivers who are not
working because striking newspaper pressmen prevent newspapers from being
printed; or
(3) employees who are
not part of the bargaining unit on strike who do not want to cross a picket
line due to fear of personal injury or death; or
(4) employees who went on strike but who were
exempt from work registration the day prior to the strike, other than those who
are exempt solely on the grounds that they are employed; or
(5) employees whose jobs are no longer
available because permanent replacements have been hired by the company.
However, the employees will be considered strikers until such time as their
jobs are no longer available.
(al)
Student is a person
enrolled at least half-time in an institution of higher education. In order to
be eligible to receive food stamps, a student must be a member of a household
otherwise eligible to participate in the food stamp program. If a student is
under the age of 18 or 50 years of age or older, or is physically or mentally
unfit, such student may be eligible to participate in the food stamp program
without being required to meet one of the additional criteria set forth in this
subdivision. A student who is 18 years of age or older but under the age of 50
and who is physically and mentally fit must meet at least one of the following
criteria to be eligible for food stamps:
(1)
be employed for a minimum of 20 hours per week and be paid for such employment
or, if self-employed, be employed for a minimum of 20 hours per week and
receive weekly earnings at least equal to the Federal minimum wage multiplied
by 20 hours;
(2) receive benefits
from the Aid to Families with Dependent Children program;
(3) be responsible for the physical care of
one or more dependent household members under the age of six;
(4) be enrolled full-time in an institution
of higher education and be a single parent with responsibility for the physical
care of a dependent child under the age of 12 (regardless of the availability
of adequate child care);
(5) be
responsible for the care of a dependent child above the age of five and under
the age of 12 for whom adequate child care is not available to enable the
individual to attend classes and work 20 hours per week or participate in a
State or federally financed work study program;
(6) participate in a State or federally
financed work study program, funded under title IV-C of the Social Security
Act, during the regular school year; or
(7) be assigned to or placed in an
institution of higher education through:
(i) a
Job Training Partnership Act program;
(ii) a food stamp employment and training
(FSET) program;
(iii) a Department
of Labor program under section 236 of the Trade Act of 1974;
(iv) a Home Relief Job Opportunities and
Basic Skills (JOBS) program activity which is comparable to a FSET activity
approved by this department in the annual FSET plan; or
(v) an Aid to Dependent Children (ADC) JOBS
program funded through title IV-E of the Social Security Act.
(am)
Supplemental Nutrition Assistance Program. For purposes of
this Title, the Food Stamp Program refers to the Supplemental Nutrition
Assistance Program (SNAP), and food stamp benefits, food stamp coupons, or food
stamps refer to SNAP benefits.
(an)
Thrifty food plan means the diet required to feed a family of
four persons consisting of a man and a woman aged 20 through 50, a child aged 6
through 8, and a child aged 9 through 11, determined in accordance with the
United States Secretary of Agriculture's calculations. The cost of such diet
will be the basis for uniform allotments for all households regardless of their
actual composition, except that the Secretary of Agriculture will make
household size adjustments by taking into account economics of scale.
(ao)
Trafficking of SNAP
benefits is:
(1) the buying, selling,
stealing, or otherwise effecting an exchange of SNAP benefits issued and
accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal
identification numbers (PINs), or by manual voucher and signature, for cash or
consideration other than eligible food, either directly, indirectly, in
complicity or collusion with others, or acting alone;
(2) the exchange of firearms, ammunition,
explosives, or controlled substances for SNAP benefits;
(3) purchasing a product with SNAP benefits
that has a container requiring a return deposit with the intent of obtaining
cash by discarding the product and returning the container for the deposit
amount, intentionally discarding the product, and intentionally returning the
container for the deposit amount;
(4) purchasing a product with SNAP benefits
with the intent of obtaining cash or consideration other than eligible food by
reselling the product, and subsequently intentionally reselling the product
purchased with SNAP benefits in exchange for cash or consideration other than
eligible food;
(5) intentionally
purchasing products originally purchased with SNAP benefits in exchange for
cash or consideration other than eligible food; or
(6) attempting to buy, sell, steal, or
otherwise affect an exchange of SNAP benefits issued and accessed via
Electronic Benefit Transfer (EBT) cards, card numbers and personal
identification numbers (PINs), or by manual voucher and signatures, for cash or
consideration other than eligible food, either directly, indirectly, in
complicity or collusion with others, or acting alone.
(ap) Transitional Benefits Alternative (TBA)
provides five months of transitional SNAP benefits to eligible households after
they leave the family assistance and/or safety net assistance program pursuant
to the requirements set forth in section
387.25
of this Part.
(aq) Transitional
SNAP benefits are SNAP benefits allotted to eligible TBA households pursuant to
section
387.25
of this Part for five months immediately following the month in which the
household"TMs case for family assistance and/or safety net assistance was
closed.
(ar)
Verification is the process of obtaining information which
establishes the accuracy of information provided by the
applicant/recipient.
(as)
Veteran means a person who served in the active military,
naval, or air service of the United States, and who was discharged or released
therefrom under conditions other than dishonorable.
(at)
United States Department of
Agriculture (USDA) is the Federal agency responsible for the
administration of SNAP.
