RELATES TO:
KRS
205.2005, 7 C.F.R. Parts 271-285, 273.4,
273.5, 273.7, 273.11, 45
C.F.R. 261.2,
7 U.S.C.
2011,
2014,
2015(d),
2015(o)(3)(A),
19 U.S.C.
2296,
20 U.S.C.
28 Subchapter III Part F,
21 U.S.C.
862a(a), (d)(1),
42 U.S.C.
681,
Pub.L.
116-260
Section
702,
Pub.L.
118-5 Section 311
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to implement programs mandated by federal
law or to qualify for the receipt of federal funds and necessary to cooperate
with other state and federal agencies for the proper administration of the
cabinet and its programs. 7
C.F.R. 271.4 requires the cabinet to
administer a Supplemental Nutrition Assistance Program (SNAP) within the state.
7 C.F.R. Parts 272 and 273 establish requirements for the cabinet to
participate in the SNAP. 7
U.S.C. 2014 establishes that an
otherwise-qualified immigrant who is blind or receiving a disability benefit,
who has lived in the United States for at least five (5) years, or who is under
eighteen (18) years of age shall be eligible to participate in SNAP regardless
of the date he or she entered the United States. This administrative regulation
establishes the technical eligibility requirements used by the cabinet in the
administration of SNAP. Section 702 of
Pub.L.
116-260, the Consolidated Appropriations Act of
2021, authorized temporarily expanded eligibility for qualifying students.
Section
311 of
Pub.L.
118-5, the Fiscal Responsibility Act of 2023,
authorized modification of time limits of work requirement exemptions
applicable to individuals of specific ages, homeless individuals, veterans, and
former foster youth.
Section 1.
Definitions.
(1) "Exempt" means excused by
the department from participation in the Supplemental Nutrition Assistance
Program Employment and Training Program (E&T).
(2) "Qualified immigrant" has the same
meaning as "qualified alien", as defined by
7 C.F.R.
273.4.
(3) "Student" means a person who is between
the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and
enrolled at least half-time in an institution of higher education.
Section 2. Technical Eligibility.
In accordance with 7 C.F.R. Parts
271 through
285 promulgated by the Food and
Nutrition Service (FNS), of the United States Department of Agriculture, the
cabinet shall utilize national uniform requirements of technical eligibility
for SNAP.
Section 3. Technical
Eligibility Criteria. Technical eligibility requirements shall apply to all
households and consist of the criteria established in this section.
(1) Residency. A household:
(a) Shall reside in the county in which the
household receives benefits; and
(b) May apply for benefits in any county.
Benefit application shall be in accordance with
921 KAR 3:030, Section
3.
(2) Identity.
(a) The applicant's identity shall be
verified; and
(b) If an authorized
representative applies for the household, the applicant's and the authorized
representative's identities shall be verified.
(3) Citizenship and immigration status.
(a) An individual shall satisfy the
citizenship and immigration status requirement if the individual is a:
1. Citizen of the United States;
2. U.S. noncitizen national; or
3. Qualified immigrant who is lawfully
residing in Kentucky.
(b) Except as established in paragraph (c) of
this subsection, an individual whose status is questionable shall be ineligible
to participate until verified.
(c)
An individual whose status is pending verification from a federal agency shall
be eligible to participate for up to six (6) months from the date of the
original request for verification.
(d) A single household member shall attest in
writing to the citizenship or immigration status requirements as established in
921 KAR 3:030 for each household
member.
(4) Household
size. If information is obtained by the Department for Community Based Services
(DCBS) that household size differs from the household's stated size, the size
of household shall be verified through readily available documentary evidence
or through a collateral contact.
(5) Students. A student shall be ineligible
to participate unless the student is:
(a)
1. Engaged in paid employment for an average
of twenty (20) hours per week; or
2. If self-employed, employed for an average
of twenty (20) hours per week and receiving weekly earnings at least equal to
the federal minimum wage multiplied by twenty (20) hours;
(b) Participating in a state or federally
financed work study program during the regular school year;
(c) Responsible for the care of a dependent
household member under the age of six (6);
(d) Responsible for the care of a dependent
household member who has reached the age of six (6), but is under age twelve
(12) and for whom the cabinet has determined that adequate child care is not
available to enable the individual to attend class and to satisfy the work
requirements of paragraphs (a) or (b) of this subsection;
(e) Receiving benefits from the Kentucky
Transitional Assistance Program (KTAP);
(f) Assigned to or placed in an institution
of higher learning through a program pursuant to:
(g) Enrolled in an institution of higher
learning as a result of participation in a work incentive program pursuant to
42 U.S.C.
681;
(h) Enrolled in an institution of higher
learning as a result of participation in E&T in accordance with
921 KAR 3:042;
(i) A single parent with responsibility for
the care of a dependent household member under age twelve (12); or
(j) Enrolled at least half-time in an
institution of higher education and:
1.
Eligible to participate in a state or federally financed work study program
during the regular school year; or
2. Has an expected family contribution of $0
in the current academic year pursuant to
20 U.S.C.
28 Part F.
(6) Social Security number (SSN).
(a) Households applying for or participating
in SNAP shall comply with SSN requirements by providing the SSN of each
household member or applying for a number prior to certification.
(b) Failure to comply without good cause
shall be determined for each household member and shall result in an
individual's disqualification from participation in SNAP until this requirement
is met.
(7) Work
registration. All household members, unless exempt, shall be required to comply
with the work registration requirements established in Section 4 of this
administrative regulation.
(8) Work
requirement.
(a) Except for individuals who
may be eligible for up to three (3) additional months in accordance with
paragraph (e) of this subsection, an individual shall not be eligible to
participate in SNAP as a member of a household if the individual received SNAP
for more than three (3) countable months during any three (3) year period,
during which the individual did not:
1. Work
eighty (80) hours or more per month;
2. Participate in and comply with the
requirements of the E&T component pursuant to
7 U.S.C.
2015(d) for twenty (20)
hours or more per week;
3.
Participate in and comply with the requirements of a program pursuant to:
4. Participate in and comply with the
requirements established in
921 KAR 3:042; or
5. Receive SNAP benefits pursuant to
paragraph (b), (c), or (d) of this subsection.
(b) Paragraph (a) of this subsection shall
not apply to an individual if the individual is:
2. Physically or mentally unfit for
employment as determined by the cabinet, pursuant to
7 C.F.R.
273.7(b)(1)(ii);
3. A parent or other adult member of a
household containing a dependent child under the age of eighteen
(18);
4. Exempt from work
registration pursuant to Section 4(4) of this administrative
regulation;
5. Pregnant;
6. A homeless individual;
7. A veteran; or
8. An individual who is twenty-four (24)
years of age or younger and was in foster care on the date of attaining
eighteen (18) years of age.
(c) Paragraph (a) of this subsection shall
not apply if, pursuant to an approved waiver by FNS, the county or area in
which the individual resides:
1. Has an
unemployment rate of over ten (10) percent; or
2. Does not have a sufficient number of jobs
to provide employment.
(d) Subsequent eligibility.
1. An individual denied eligibility pursuant
to paragraph (a) of this subsection shall regain eligibility to participate in
SNAP if, during a thirty (30) day period, the individual meets one (1) of the
conditions of paragraph (a)1. through 4. of this subsection, or the individual
was not meeting the work requirements in accordance with paragraph (b) of this
subsection.
2. An individual who
regains eligibility pursuant to subparagraph 1. of this paragraph shall remain
eligible as long as the individual meets the requirements of subparagraph 1. of
this paragraph.
(e) Loss
of employment or training.
1. An individual
who regains eligibility pursuant to paragraph (d)1. of this subsection and who
no longer meets the requirements of paragraph (a)1. through 4. of this
subsection shall remain eligible for a consecutive three (3) month period,
beginning on the date the individual first notifies the cabinet that the
individual no longer meets the requirements of paragraph (a)1. through 4. of
this subsection.
2. An individual
shall not receive benefits pursuant to subparagraph 1. of this paragraph for
more than a single three (3) month period in any three (3) year
period.
(f) If the
individual does not meet all other technical and financial eligibility criteria
pursuant to 7 U.S.C.
2011, nothing in this section shall make an
individual eligible for SNAP benefits.
(9) Quality control. Refusal to cooperate in
completing a quality control review shall result in termination of the
participating household's benefits.
(10) Drug felons. An individual convicted
under federal or state law of an offense classified as a felony by the law of
the jurisdiction involved and that has an element of possession, use, or
distribution of a controlled substance as defined in
21 U.S.C.
862(a), may remain eligible
for SNAP benefits if the individual meets the requirements established in
KRS
205.2005.
(11) Child support arrears.
(a) In accordance with
7 C.F.R.
273.11(q) to disqualify a
noncustodial parent for refusing to cooperate, a noncustodial parent of a child
under the age of eighteen (18) shall not be eligible to participate in SNAP if
the individual is delinquent in payment of court-ordered support as determined
by the Department for Income Support, Child Support Enforcement, unless the
individual:
1. Is enrolled in a drug
treatment program;
2. Is
participating in a state or federally funded employment training
program;
3. Meets good cause for
nonpayment. Good cause shall include temporary situations resulting from
illness, job change, or pendency of unemployment benefits;
4. Is a member of a household containing a
child under the age of eighteen (18);
5. Is a member of a household containing an
individual who is pregnant or three (3) months post-partum; or
6. Is:
a.
Within twelve (12) months of incarceration for a period of at least thirty (30)
days; and
b. Cooperating with the
Department for Income Support, Child Support Enforcement.
(b) The disqualification of an
individual in accordance with paragraph (a) of this subsection shall be in
place as long as the individual remains delinquent as determined by Department
for Income Support, Child Support Enforcement.
(c) The income, expenses, and resources of an
individual disqualified in accordance with paragraph (a) of this subsection
shall be processed in accordance with
921 KAR 3:035, Section
5(4).
Section
4. Work Registration.
(1) Unless
a household member is exempt from work requirements as established in
subsection (4) of this section, a household member shall register for work:
(a) At the time of initial application for
SNAP; and
(b) Every twelve (12)
months following the initial application.
(2) Work registration shall be completed by
the:
(a) Member required to register;
or
(b) Person making application
for the household.
(3)
Unless otherwise exempt, a household member excluded from the SNAP case shall
register for work during periods of disqualification. An excluded person shall
be an:
(a) Ineligible immigrant; or
(b) Individual disqualified for:
1. Refusing to provide or apply for a Social
Security number; or
2. An
intentional program violation.
(4) An individual meeting the criteria of
7 C.F.R.
273.7(b)(1) shall be exempt
from work registration requirements.
(5) A household member who loses exemption
status due to a change in circumstances shall register for work in accordance
with 7 C.F.R.
273.7(b)(2).
(6) After registering for work, a nonexempt
household member shall:
(a) Respond to a
cabinet request for additional information regarding employment status or
availability for work;
(b) In
accordance with 7 C.F.R.
273.7(a)(1)(vi), accept a
bona fide offer of suitable employment pursuant to
7 C.F.R.
273.7(h), at a wage not
lower than the state or federal minimum wage; or
(c) In accordance with
7 C.F.R.
273.7(a)(1)(ii), participate
in the E&T Program if assigned by the cabinet.
(7) A household member making a joint
application for SSI and SNAP in accordance with
921 KAR 3:035 shall have work
requirements waived in accordance with
7 C.F.R.
273.7(a)(6).
(8) The cabinet's E&T worker shall
explain to the SNAP applicant the:
(a) Work
requirements for each nonexempt household member;
(b) Rights and responsibilities of the
work-registered household members; and
(c) Consequences of failing to
comply.
Section
5. Determining Good Cause.
(1) A
determination of good cause shall be undertaken if a:
(a) Work registrant has failed to comply with
work registration requirements as established in Section 4 of this
administrative regulation; or
(b)
Household member has, pursuant to Section 7 of this administrative regulation,
voluntarily:
1. Quit a job; or
2. Reduced the household member's work
effort.
(2)
In accordance with 7 C.F.R.
273.7(i)(2), good cause
shall be granted for circumstances beyond the control of the individual, such
as:
(a) Illness of the individual;
(b) Illness of another household member
requiring the presence of the individual;
(c) A household emergency;
(d) Unavailability of transportation;
or
(e) Lack of adequate care for a
child who is six (6) to twelve (12) years of age for whom the individual is
responsible.
(3) Good
cause for leaving employment shall be granted if:
(a) A circumstance established in subsection
(2) of this section exists;
(b) The
employment became unsuitable in accordance with
7 C.F.R.
273.7(h); or
(c) A circumstance established in
7 C.F.R.
273.7(i)(3)
exists.
Section
6. Disqualification.
(1) A
participant shall be disqualified from the receipt of SNAP benefits if the
participant:
(a) Fails to comply with the
work registration requirements; or
(b) Is determined to have voluntarily,
without good cause, quit a job or reduced the work effort as established in
Section 5 of this administrative regulation.
(2) An individual disqualified from
participation in SNAP shall be ineligible to receive SNAP benefits until the
latter of the:
(a) Date the individual
complies; or
(b) Lapse of the
following time periods:
1. Two (2) months for
the first violation;
2. Four (4)
months for the second violation; or
3. Six (6) months for the third or a
subsequent violation.
(3) Ineligibility shall continue until the
ineligible member:
(a) Becomes exempt from the
work registration; or
(b)
1. Serves the disqualification period
established in subsection (2)(b) of this section; and
2. Complies with the work registration
requirements.
(4) A disqualified household member who joins
a new household shall:
(a) Remain ineligible
for the remainder of the disqualification period established in subsection
(2)(b) of this section;
(b) Have
income and resources counted with the income and resources of the new
household; and
(c) Not be included
in the household size in the determination of the SNAP allotment.
Section 7.
Disqualification for Voluntary Quit or Reduction in Work Effort.
(1) Within thirty (30) days prior to
application for SNAP or any time after application, an individual shall not be
eligible to participate in SNAP if the individual voluntarily, without good
cause:
(a) Quits a job:
1. Of thirty (30) hours or more per week;
and
2. With weekly earnings at
least equal to the federal minimum wage times thirty (30) hours; or
(b) Reduces the individual's work
effort:
1. To less than thirty (30) hours per
week; and
2. So that after the
reduction, weekly earnings are less than the federal minimum wage times thirty
(30) hours.
(2) The cabinet shall impose a
disqualification period established in Section 6(2)(b) of this administrative
regulation on an individual meeting subsection (1)(a) or (1)(b) of this
section.
Section 8.
Curing Disqualification for Voluntary Quit or Reduction in Work Effort.
(1) Eligibility and participation may be
reestablished by:
(a) Securing new employment
with salary or hours comparable to the job quit;
(b) Increasing the number of hours worked to
the amount worked prior to the work effort reduction and disqualification;
or
(c) Serving the minimum period
of disqualification imposed pursuant to Section 6(2)(b) of this administrative
regulation.
(2) If the
individual applies again and is determined to be eligible, an individual may
reestablish participation in SNAP.
(3) If an individual becomes exempt from work
registration, the disqualification period shall end, and the individual shall
be eligible to apply to participate in SNAP.
Section 9. Hearing Process. If aggrieved by a
cabinet action or inaction that affects participation, a SNAP participant may
request a hearing in accordance with
921 KAR 3:070.