Current through Register Vol. 39, No. 6, September 16, 2024
(a) The simplified
reporting category shall apply to all FNS units except the following:
(1) A Simplified Nutrition Assistance Program
(SNAP) unit; or
(2) A Transitional
FNS Unit.
(b)
Certification periods are determined based upon the following household
situations:
(1) FNS units that contain only
specified individuals who are without earned income are certified for a period
of 12 months. A specified individual is an individual 60 years of age or older,
or one of the following:
(A) A person who
receives supplemental security income benefits under Title XVI of the Social
Security Act or disability or blindness payments under Titles I, II, X, XIV, or
XVI of the Social Security Act;
(B)
A person who receives federally 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;
(C) Receives disability benefits from a
governmental agency based on permanent Social Security disability requirements.
requirements;
(D) Is a Veteran who
receives 100 percent Veterans Administration (VA) disability payments (service
or non-service connected) or is rated as 100 percent disabled but receives less
than 100 percent disability payment;
(E) Is a Veteran considered by the VA to be
in need of regular aid and attendance or permanently housebound under Title 38
of the U. S. Code;
(F) Is a
disabled surviving spouse or disabled surviving child of a veteran and in need
of regular aid and attendance or permanently housebound or 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 U. S.
Code;
(G) Receiving Railroad
Retirement and determined to be eligible for Medicare;
(H) Receiving Interim Assistance Payments
(DSS General Assistance to applicants for SSI that is repaid by SSA upon
approval of the SSI application);
(I) Receiving Medicaid based on disability;
and
(J) Benefits under the Federal
Employees Compensation Act (FECA) based on Social Security disability
requirements.
(2) FNS
units that contain an Able-Bodied Adult Without Dependents (ABAWD) are
certified for a period of six months. These FNS units will be issued a Notice
of Adverse Action DSS-8553 during the second month of the certification period
notifying the FNS unit that the local agency will terminate benefits after the
third month unless the ABAWD satisfies the work requirements or meets an
exception as set forth in 7
C.F.R. 274.24. The certification may be for a
period of 6 months if the county is currently under an ABAWD waiver.
(3) All other units are certified for a
period up to six months.
(c) FNS units subject to Simplified Reporting
are required to report to the public agency any of the following changes that
occur during the certification period:
(1) FNS
units that include an ABAWD shall report when the ABAWD stops working an
average of 80 hours per month;
(2)
FNS units whose income is at or below the 130 percent maximum allowable gross
income limit are required to report an increase in unit income that causes it
to exceed the 130 percent maximum allowable gross income limit for its unit
size at certification. Ineligible or disqualified persons are not considered in
determining the FNS unit size; and
(3) If any member of the FNS unit receives
substantial lottery and gambling winnings as defined in
7 CFR
212.17 and
7 CFR 273.8(b), the receipt of
lottery and gambling winnings shall result in loss of eligibility for the
entire FNS unit. The unit remains ineligible until they reapply for benefits
and meet all non-categorical eligibility financial resource and income
eligibility requirements.
(d) FNS units are required to report changes
by the 10th of the month following the month in which the change occurs. FNS
units completing an application or recertification that experience changes
prior to disposition of the application or recertification are required to
report such changes by the 10th of the month following the month in which the
Notice of Eligibility is received.
(e) Changes are considered reported at the
earliest of the following times:
(1) The date
the Change Report is received;
(2)
The date the change is reported by the FNS unit by telephone, email or fax. If
received during non-business hours the date reported will be the next business
day;
(3) The date the FNS unit made
an in-person office visit to report the change;
(4) The date the change is reported to Work
First;
(5) The date the changed
information is entered into NC FAST; or
(6) The date the change is reported by a
third party.
(f) A
public agency shall evaluate, verify, and act upon a change within 10 calendar
days, except for the following changes:
(1)
Changes in medical expenses of units eligible for the medical deduction when
the source of the change in information is from a third party and requires
household contact for verification;
(2) A decrease in the unit's gross monthly
income of less than fifty dollars ($50.00); or
(3) A change in income that is not expected
to continue for longer than one month beyond the month in which the change is
reported.
(g) If a
change is reported and the public agency fails to act on the change within the
10 calendar days, the public agency shall determine if an over issuance has
occurred. If it is determined than an over issuance occurred, the public agency
shall establish an Administrative Error (AE) claim.
(h) If a reported change terminates
eligibility or decreases a unit's benefit amount, a Notice of Adverse Action
shall be issued to the FNS unit within 10 calendar days.
(i) If a reported change does not affect
eligibility or benefit amount, an Effect of Change Notice shall be issued to
the FNS unit.
(j) If a reported
change will increase benefit amount, the public agency shall verify the
reported change.
(k) If an FNS unit
fails to report a required change, the public agency shall establish a claim
against the FNS unit and issue a Notice of Adverse Action if the change would
result in a reduction or termination of benefits.
Authority
G.S.
108A-25;
108A-51: 143B-153;
P.L.
107-171;
Temporary Adoption Eff.
February 1, 2003;
Eff. August 1, 2004;
Readopted Eff.
October 1, 2021.
