Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any household has the right to make
application for food stamps either in person, through an authorized
representative or through the mail. Such application shall be completed on the
State-prescribed form which shall be filed with the local department on the day
the application is requested or at a later date at the discretion of the
household. The household shall be advised that it does not need to be
interviewed before filing an application and may file an incomplete application
form so long as the form contains the applicant's name and address, and is
signed by a responsible member of the household or the household's authorized
representative.
(b) All local
departments shall act promptly on all applications and shall provide food stamp
benefits retroactively to the day of application to those households that have
completed the application process and have been determined eligible.
(c) The date of application filing is the
date the signed form containing at least the applicant's name and address is
received through the mail or in person by the social services district. An
address may consist of a mailing address provided a reasonable explanation is
presented by the applicant which explains the use of such a mailing address. An
interview with the applicant/authorized representative is not required prior to
the filing of an application. The date of application filing for a resident of
a public institution who applies jointly for Supplemental Security Income and
food stamps as part of the Federal Social Security Administration's Pre-release
Program for the Institutionalized is the date the applicant is released from
the institution.
(d) A social
services district must provide each household, at the time of application, with
a written statement explaining what action the household must take to cooperate
with the district in obtaining verification of appropriate information and
otherwise completing the application process.
(e) Application procedures must be designed
to identify each household eligible for expedited food stamp service at the
time the household requests assistance. Expedited service must be available to
the following households:
(1) households with
less than $150 in monthly gross income, provided their liquid resources do not
exceed $100;
(2) migrant or
seasonal farmworker households which are destitute households, as defined in
section
387.1(k)
of this Part, provided their liquid resources do not exceed $100;
(3) eligible households in which all members
are homeless individuals as defined in section
387.1(v)
of this Part; and
(4) eligible
households whose combined monthly gross income and liquid resources are less
than the household's monthly rent or mortgage and utilities.
(f) Except as provided in this
Part, a face-to-face interview is required with the applicant or authorized
representative to establish eligibility for food stamps. A completed
application form and verification of information is also required. Eligibility
interviews for all applications must be scheduled on a timely basis to assure a
determination of eligibility and benefit issuance within 30 days of filing an
application.
(g) The food stamp
eligibility interview for public assistance applicants shall be conducted at
the same time the eligibility worker does the interviewing for the public
assistance (Aid to Dependent Children and Home Relief) programs.
(h)
(1)
Social services districts may request the applicant to complete a personal
identification number (PIN) selection form prior to determining the applicant's
eligibility for food stamps. However, the completion of the PIN selection form
is not required in order for the social services district to determine the
applicant's eligibility for food stamps. Social services districts must not
withhold or delay the determination of an applicant's eligibility because the
PIN selection form has not been completed.
(2) After a PIN code has been registered, the
social services district must dispose of the PIN selection form in accordance
with department procedures. The social services district must not record the
PIN code in the case record. Social services districts must not maintain a
separate file of PIN codes unless directed to do so by the
department.
(i) As a
result of differences in public assistance and food stamp application
processing procedures and timeliness standards, the local department may have
to determine food stamp eligibility for expedited service prior to determining
eligibility for public assistance.
(j)
(1) A
nonhousehold member may be designated as an authorized representative for
application processing purposes and/or to carry out household responsibilities
during the certification period, such as reporting changes in the household's
income or other household circumstances, only under the following conditions:
(i) the authorized representative has been
designated in writing by the head of household or spouse or another responsible
member of the household; and
(ii)
the authorized representative is an adult who is sufficiently aware of relevant
household circumstances.
(2) Residents of drug or alcohol treatment
centers must apply and be certified through the use of authorized
representatives.
(3) The
designation of an authorized representative does not relieve the household of
the obligation to cooperate with all aspects of initial and continuing
eligibility for food stamp benefits and to provide timely and accurate
information to the social services district. The household is liable for any
overissuance of food stamp benefits that results from erroneous information
given by the authorized representative.
(k) Restrictions on designations of
authorized representatives. Social services districts must restrict the use of
authorized representatives for purposes of applying for and using food stamp
benefits as follows:
(1) Social services
district employees who are involved in the certification or issuance processes
and retailers who are authorized to accept food stamp benefits may not act as
authorized representatives without the specific written approval of the local
social services commissioner or his or her designee and only if that official
determines that no one else is available to serve as an authorized
representative.
(2) An individual
disqualified for an intentional program violation cannot act as an authorized
representative during the disqualification period, unless the social services
district has determined that no one else is available to serve as an authorized
representative. The social services district must separately determine whether
the individual is needed to apply on behalf of the household or to use benefits
on behalf of the household.
(3) If
the social services district determines that an authorized representative has
knowingly provided false information about household circumstances or has made
improper use of food stamp benefits, it may disqualify that person from being
an authorized representative for up to one year. The social services district
must send written notification to the affected household(s) and the authorized
representative 30 days prior to the date of the disqualification. The
notification must specify the reason for the proposed action and the
household's right to a fair hearing. Drug and alcohol treatment centers and
those group homes which act as authorized representatives for their residents
are not subject to disqualification under this paragraph. However, anyone,
including drug and alcohol treatment centers and heads of group living
arrangements, that acts as an authorized representative and intentionally
misrepresents household circumstances is subject to disqualification for an
intentional program violation or prosecution under applicable Federal and State
statutes and regulations for their actions.
(4) Homeless meal providers may not act as
authorized representatives for homeless food stamp recipients.
(5) In order to prevent abuse of the program,
a social services district may set a limit on the number of households an
authorized representative may represent at any given time and the total number
of households an authorized representative may represent within a specific time
period for purposes of applying for food stamp benefits and for reporting
changes in household circumstances during the certification period. The limit
on the number of households that an authorized representative may represent
must be applied equally to all authorized representatives in a district, but
does not apply to drug and alcohol treatment centers, group homes and those who
represent households only for purposes for using food stamp benefits. Prior to
limiting the number of households an authorized representative may represent, a
social services district must request and obtain written approval from this
office. The request must state the number of households an authorized
representative may represent at any given time and the total number of
households an authorized representative may represent within a specific time
period.
