All newly certified households, except those that are given
expedited service, shall be given an opportunity to participate no later than
thirty (30) calendar days following the date the application was filed.
Households entitled to expedited service shall have benefits available no later
than the seventh calendar day following the date of application. For
application processing purposes, day "one" (1) is the first calendar day after
the application is received by a local office in the correct county.
If the local office does not determine a household's
eligibility and provide an opportunity to participate within thirty (30)
calendar days following the date the application was filed, the office shall
determine whether the delay was caused by failure to act on the part of the
household or on the part of the local office as outlined in Sections 4.205.3
through 4.205.4.
4.205.1
Processing Standards for Expedited Service
A. The following households are entitled to
expedited service:
1. Migrant or seasonal farm
worker households whose liquid resources do not exceed one hundred dollars
($100) and who are destitute of income as defined in Section 4.406.
2. Households whose liquid resources do not
exceed one hundred dollars ($100) and who reasonably expect to have less than
one hundred fifty dollars ($150) of gross monthly income in the calendar month
of application.
3. Eligible
households whose combined monthly gross income and liquid resources are less
than the household's anticipated monthly rent/mortgage and utilities. The
appropriate utility standard, as defined in Section 4.407.31, shall be utilized
when determining a household's utility costs.
B. Households eligible for expedited service
shall be able to access EBT benefits no later than the seventh
(7
th) calendar day following the date of
application.
1. If a household is entitled to
expedited service the local office shall conduct the interview, unless the
household cannot be reached, and complete the application process within seven
(7) calendar days.
2. Households
entitled to expedited service shall complete an interview prior to any
determination of eligibility. If a household fails to complete the required
interview within seven (7) calendar days following the date the application for
assistance was filed, the household is no longer entitled to expedited benefits
by the seventh (7th) day following the date of application.
C. Households that apply for
initial benefits after the fifteenth (15
th) of the
month under the expedited service procedures, which have completed the
application and provided all verification within the expedited timeframe and
have been determined eligible to receive benefits for the initial month and the
subsequent month, shall receive the application month's prorated allotment and
the next full month's allotment at the same time.
Households applying for initial benefits after the fifteenth
(15th) of the month for which verification has been
postponed shall have the second month's benefits and the prorated allotment
available on the seventh (7th) calendar day. The
household must provide all postponed verification before the third month's
benefits can be issued.
D.
Households not initially screened as requiring expedited service, but
subsequently determined to be entitled to such service, shall be entitled to
the expedited processing timeframes from the date such a determination was
made.
E. If Program benefits are
reduced, suspended, or cancelled in accordance with Section 4.904.4, households
eligible for expedited service shall receive expedited service in accordance
with the following procedures:
1. Those
households that receive expedited service in the month(s) in which reductions
are in effect and are determined to be eligible shall be issued allotments that
are reduced in accordance with the reduction in effect. These reduced
allotments shall be made available to the households within the timeframes
specified in this section.
2. Those
households that receive expedited service in month(s) in which suspensions are
in effect and are determined to be eligible shall have benefits issued to them
within the timeframes specified in this section. However, if the suspension is
still in effect at the time issuance is to be made, the issuance shall be
postponed until the suspension is ended.
3. Households eligible to receive expedited
processing and who apply for Program benefits during months in which
cancellations are in effect shall receive expedited service. However, the
deadline for completing the processing of such cases shall be five (5) calendar
days or the end of the month of application, whichever date is later. All other
rules pertaining to expedited service contained in this section shall be
applicable to these cases.
4.205.11
Special Provisions for
Expedite Service
A. Households
requesting, but not entitled to, expedited service shall have their
applications processed according to normal processing standards.
B. The local office shall use the following
procedures for expediting service:
1. Prior to
certification, the identity of the applicant shall be verified.
2. Prior to certification of expedited
benefits, all reasonable efforts shall be made to verify residency, income, or
lack thereof, and other factors of eligibility. However, verification shall be
postponed if it cannot be obtained in sufficient time to meet the expedited
processing standards. If verification is postponed, the household shall be
certified for expedited benefits, if determined eligible, for the month of
application or, for those households applying after the fifteenth
(15
th) of the month, the month of application and
the subsequent month.
a. Except for migrant
households applying after the fifteenth (15th) of a
month, when a household is certified for expedited benefits for an initial
month of application and the subsequent month and verification is postponed, a
request for verification form shall be annotated to indicate what verification
is required in order for further benefits to be issued.
b. When households that apply for benefits on
or before the fifteenth (15
th) of the month provide
the required postponed verification, the local office shall issue the second
month's benefits within five working days from receipt of the verification or
the first of the second month, whichever is later.
Households that apply after the fifteenth
(15th) of the month and provide the postponed
verification shall be issued the third month's benefits within five working
days from receipt of verification, or the first of the third month, whichever
is later.
Except for migrant households needing out-of-state
verification, when the postponed verification is not completed within thirty
(30) calendar days from the date of application, the local office shall
terminate the household's participation on the thirtieth
(30th) calendar day without providing a notice of
adverse action.
c. Migrants
shall be entitled to a postponement of out-of-state verification only once each
season. If a migrant household requesting expedited service has already
received this exception during the current season, the local office shall grant
a postponement of out-of-state verification only for the initial month's
issuance and not for the second (2nd) month's
issuance. Migrant households eligible for expedited service and applying after
the fifteenth (15th) of a month which are assigned
certification periods of longer than one month shall be issued a request for
verification notifying them that they shall provide postponed verification from
sources within the state before a second month's benefits are issued and shall
provide all verification from out-of-state sources before being issued benefits
for the third month. The notice shall also advise the household that if
verification results in changes in the household's eligibility or level of
benefits, such changes shall be acted on without providing an advance notice of
adverse action.
C. There is no limit to the number of times a
household can be certified under expedited procedures,
as long as prior to each expedited certification, the
household either completes the verification requirements that were postponed at
the last expedited certification or the household was certified under normal
processing standards since the last expedited certification.
4.205.2
Normal Processing
Standards
A. The local office shall
process applications as expeditiously as possible and provide eligible
households a written notification of their eligibility. The applicant household
must receive a Notice of Action form, which will indicate the household's
period of eligibility and SNAP allotment. Eligible households shall be provided
an opportunity to obtain benefits as soon as possible, but no later than thirty
(30) calendar days following the date the application was filed. An application
shall be considered filed the day a local office in the correct county receives
a valid application containing the applicant's name, address, and
signature.
B. In cases where
verification is incomplete, the local office shall provide the household with a
statement of required verification on the state-prescribed notice form and
offer to assist the household in obtaining the required verification. The
office shall allow the household ten (10) calendar days to provide the missing
verifications unless the household missed the first appointment. If the
household misses the first appointment and the interview cannot otherwise be
rescheduled until after the twentieth (20th) day but before the thirtieth
(30th) day following the date the application was filed, the household must
appear for the interview, bring verification, and register members for work by
the thirtieth (30th) day. A household can be found ineligible or eligible for
the month of application and for the following month based on one (1)
application if sufficient information for such determination is available. The
state-prescribed Notice of Action form shall reflect specific months of
eligibility and ineligibility.
4.205.3
Delays in Processing Beyond
Thirty (30) Days
If the local office does not determine a household's
eligibility and provide an opportunity to participate within thirty (30)
calendar days following the date the application was filed, the office shall
determine whether the delay was caused by failure to act on the part of the
household or on the part of the local office. The following shall be used to
determine causes of delay beyond thirty (30) calendar days in the application
process:
A. If a household has failed
to complete a SNAP application form even though the local office offered to
assist the client in its completion, the household shall be at fault. If the
local office failed to assist the household, the local office is at fault. If
the local office offered the household assistance in completing the application
but the household failed to cooperate or failed to complete the application
process, the local office shall document in the case record its attempt to
assist the household.
B. If a
nonexempt household member failed to register for work even though the local
office informed the household of the work requirements, the household shall be
at fault unless paragraph D of this section applies. If the local office did
not give the client at least ten (10) calendar days to supply information, the
local office is at fault.
C. If
requested verification is missing even though the local office offered
assistance and a written notice of needed verification was provided and the
household was allowed ten (10) calendar days to supply necessary verification,
the household shall be considered at fault unless paragraph D of this section
applies. If the local office did not request necessary verification through a
written notice, or assist the client as required by these regulations, or give
the client time to provide information, then the local office is at
fault.
D. If the household failed
to appear for the first (1st) interview, failed to schedule a second (2nd)
interview and/or requested to postpone the interview until after the thirtieth
(30th) day following the date of application, the delay shall be the
household's fault.
E. If the
household missed both scheduled interviews and requests another interview, the
delay shall be the fault of the household.
F. If the local office failed to notify the
household to schedule a second interview or failed to schedule a second
interview within the thirty (30) calendar days following the date the
application was filed or failed to request verification or other necessary
action at the interview, the local office is at fault.
4.205.31
Delays Caused by the
Household
Any time the household requests a postponement which delays
the thirty (30) calendar day processing, it shall be the household's
fault.
If the household provides requested verification after the
thirtieth (30th) day and on or before the sixtieth
(60th) day from the date of application, the local
office shall reopen the case without requiring a new application and benefits
will be prorated from the date the requested verification is provided. Any
changes in the household situation must be considered for determining
eligibility.
4.205.32
Delays Caused by the Local Office
Delays that are the fault of the local office include, but
are not limited to, those cases in which the office has failed to take any of
the actions listed in Section 4.205.3. Whenever a delay in the initial thirty
(30) day period is the fault of the local office, the local office shall take
immediate corrective action to complete the application process. The local
office shall not deny the application if the local office caused the delay, but
shall instead notify the household if there is any action the household must
take to complete the application process.
Benefits retroactive to the month of application and prorated
for an initial month of application in accordance with Section 4.207.2 shall be
provided to the household if it is found to be eligible during the second
thirty (30) day period. If the household is found to be ineligible, the
application shall be denied and the household shall be sent a notice of action
form when the eligibility determination is made.
4.205.4
Delays in Processing Beyond
Sixty (60) Days
A. If the local office
is at fault for not completing the application process by the end of the second
thirty (30) day period, and the case record is otherwise complete, the office
shall continue to process the original application until an eligibility
determination is made. If the household is found to be eligible, and the local
office was also at fault for the delay in the initial thirty (30) days,
benefits retroactive to the month of application shall be provided to the
household. However, if the delay during the initial thirty days was the
household's fault, benefits shall only be provided back to the month following
the month of application (see Section 4.207.2).
B. If the local office is at fault for not
completing the application by the end of the second thirty (30) day period, but
the case record is insufficiently complete to make an eligibility
determination, the office shall deny the case and request the household to file
a new application, if desired.
C.
If the household is at fault for not completing the application process by the
end of the second thirty (30) day period, the application shall be denied and a
new application required if the household wishes to participate. The household
shall not be entitled to any lost benefits even if the delay in the initial
thirty day period was the fault of the local office.
Notes
10 CCR 2506-1-4.205
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
