South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 13 - FOOD STAMP PROGRAM
Section 114-1320 - Application Processing

Universal Citation: SC Code Regs 114-1320

Current through Register Vol. 48, No. 3, March 22, 2024

A. The State will inform applicants about the eligibility requirements and their rights and responsibilities and the responsibilities of the Department under the Food Stamp Program. Under this requirement, individuals are given information in written form, and orally as appropriate, about coverage, conditions of eligibility, scope of the program, related services available, and the rights and responsibilities of applicants for and recipients of assistance. Specifically developed bulletins or pamphlets explaining the rules regarding eligibility and appeals in simple, understandable terms shall be available. Applicants for and recipients of assistance shall be notified in writing at the time of application and recertification that the Department will regularly request information from other federal and State agencies which will be used to aid in determining their eligibility for and the amount of benefits.

B. The Department will verify the validity of all documents used to verify the immigration status of noncitizens through the Immigration and Naturalization Service (INS) Systematic Alien Verification Entitlement (SAVE) Program.

C. The Department will use information obtained through the Income and Eligibility Verification System (IEVS) to verify the eligibility and benefit levels of applicants and participating households

D. If an applicant has failed to complete the initial application process and the Department has taken all action to assist, the applicant is sent a notice of denial on the 31st day following application. If the needed information is provided within 60 days of the date of application the household does not have to complete a new application. Benefits will be prorated from the date the needed information is received by the Department if received within 60 days of the application filing date.

E. If the applicant fails to verify a new or changed deductible expense, the Department will not allow the deduction. The applicant, if eligible, must be certified without the deduction.

F. The household's timely recertification application will continue to be denied at the end of the last month of the certification period if the recipient either fails to appear for an interview or fails to submit required verification(s) within the required time frame.

G. Applicants shall be informed about the eligibility requirements and their rights and responsibilities and the responsibilities of the Department under the Food Stamp Program. Under this requirement, individuals are given information in written form, and orally as appropriate, about coverage, conditions of eligibility, scope of the program, related services available, and the rights and responsibilities of applicants for and recipients of assistance. Specifically developed bulletins or pamphlets explaining the rules regarding eligibility and appeals in simple, understandable terms shall be available. Applicants for and recipients of assistance shall be notified in writing at the time of application and recertification that the Department will regularly request information from other federal and State agencies which will be used to aid in determining their eligibility for and the amount of benefits.

H. Each individual wishing to do so shall have the opportunity to apply for assistance without delay. Under this requirement:

(1) The Department shall require a written application, signed under a penalty of perjury, on a form prescribed by the Department, from the applicant himself or someone acting responsibly for him.

(2) An applicant may be assisted, if he so desires, by an individual(s) of his choice (who need not be a lawyer) in the various aspects of the application process and the redetermination of eligibility and may be accompanied by such individual(s) in contacts with the Department and when so accompanied may also be represented by him.

I. The Standards and methods for determination of eligibility shall be consistent with the objectives of the program, and will respect the rights of individuals under the United States Constitution, the Social Security Act, Title VI of the Civil Rights Act of of 1964, Americans with Disabilities Act of 1990, and all other relevant provisions of federal and State laws.

J. Eligibility conditions or Department procedures or methods must not prevent an individual from applying for and obtaining a determination of eligibility or ineligibility. Methods of eligibility determination must be consistent with the objective of assisting all eligible persons to qualify.

K. All applicants and recipients are entitled to due process rights, which include a ten day advance notice of decisions adversely affecting their food stamp benefits and the right to request a fair hearing.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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