Current through September 24, 2024
Households found eligible after consideration of the
non-financial criteria section 1240-1-3 should have their food stamp income
compared to the monthly income eligibility standards for the appropriate
household size to determine if the household is eligible based on financial
criteria. Households which do not contain a member who is elderly or disabled
(see definition of "elderly" and "disabled" in 1240-1-8-.01) are subject to a
gross income limit of 130 percent of the Office of Management and Budget
nonfarm poverty guideline. To determine this limit, nonexempt gross income
shall be added together, and this sum shall be compared to the eligibility
limit for the appropriate household size. If the monthly income exceeds the
amount shown on Table I, section 1240-1-4-.27, the household is ineligible. If
the monthly income is less than or equal to the gross income limit, normal
procedures allowing deductions shall be followed. All households including
households containing an elderly or disabled member (as defined in section
1240-1-8-.01) are subject to the net monthly income standards in Table II,
section 1240-1-4-.27.
(1) Determining
the Monthly Allotment - Food Stamps Only.
(a)
General. The household's monthly allotment shall be equal to the Thrifty Food
Plan as defined in section 1240-1-4-.27 for the household's size reduced by 30
percent of the household's net monthly income as calculated in section
1240-1-4-.27. After multiplying the net income 30 percent, the result shall be
rounded by using the appropriate rounding procedures prior to subtracting the
amount from the Thrifty Food Plan.
(2) Proration of Initial Month's Benefits.
The amount of the household's benefits for the initial month of certification
will be based on the day of the month it applies for benefits. The following
procedures shall be used to determine the amount or initial benefits:
(a) A household's benefit level for the
initial month of certification will be based on the day of the month it applies
for benefits. Using a 30-day calendar month, households shall receive benefits
prorated from the day of application to the end of the month. A household
applying on the 31st of a month will be treated as though it applied on the
30th of the month. The term certified for participation in the Food Stamp
Program or the first month following any period which the household was not
certified for participation. If the prorated initial month's benefits are
computed to be less than $10.00, no benefits will be issued for the initial
month.
(3) If an
application for recertification is submitted after the household's
certification period has expired, that application shall be considered an
initial application and benefits for that month will be prorated.
(4) Eligible households which are entitled to
no benefits shall be denied participation on the grounds that their net income
exceeds the level below which benefits are issued.
(a) For those eligible households which are
entitled to no benefits in their initial month of application, but are entitled
to benefits in subsequent months, the period of certification will begin with
the month of application.
(b) With
an Unverified Deductible Expense. If a household is claiming actual utility
expenses in excess of the State Agency's utility standard and the expense would
actually result in a deduction, the expenses must be verified. If the actual
utility expenses cannot be verified before the 30 days allowed to process the
application expire, the State Agency shall use the standard utility allowance,
provided the household is entitled to use the standard. If the household wishes
to claim expenses for an unoccupied home, the worker shall verify the actual
utility expenses for the unoccupied home in every case and shall not use the
standard utility allowance.
(c)
Other Deductible Expenses. If a deductible expense must be verified and
obtaining the verification may delay the Food Stamp certification, the worker
shall advise the household that the eligibility and benefit level may be
determined without providing a deduction for the claimed but unverified
expense. Shelter costs would be computed without including the unverified
components. The standard utility allowance shall be used if the household is
entitled to claim it and has not verified higher actual costs. If the expense
cannot be verified within 30 days of the date of application, the worker shall
determine the eligibility and benefit level without providing a deduction for
the unverified expense. If the household subsequently provides the missing
verification, the worker shall redetermine the benefits and provide increased
benefits, if any, in accordance with the timeliness standards. The household
shall be entitled to the restoration of lost benefits as a resulting of the
disallowance of the expense only if the expense could not be verified within
the 30 days processing standard because the worker failed to allow the
household sufficient time to verify the expense.
Authority: T.C.A. §§ 14-8-106,
14-8-108, 14-27-104, and 14-27-105; PL 97-35;
7 CFR
273.2,
273.10(2).
