921 KAR 3:010. Definitions.

921 KAR 3:010. Definitions.

RELATES TO: 7 C.F.R. 217.2, 273.1, 273.4, 273.5, 273.6, 273.7, 273.11, 273.16, 273.18, 274.12, 7 U.S.C. 2012(g), (i)

STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. 271.4, 274.12

NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services shall administer a Food Stamp Program. KRS 194A.050(1) provides that the secretary shall, by administrative regulation, develop policies and operate programs concerned with the welfare of the citizens of the Commonwealth. This administrative regulation sets forth definitions of terms used in 921 KAR Chapter 3.

Section 1. Definitions. (1) "Agency error" means an overissuance of food stamp benefits caused by an action or failure to take an action by the cabinet.

(2) "Allotment" means the total value of food stamp benefits a household is authorized to receive during each month or other time period.

(3) "Application for participation" means the form to apply for food stamps that is completed by:

(a) A household member; or

(b) An authorized representative.

(4) "Authorized representative" means an individual designated by a household member to act on behalf of the household in one (1) or all of the following capacities:

(a) Making application for the program;

(b) Obtaining the coupons or EBT card; and

(5) "Benefits" mean the following items issued in accordance with the Food and Nutrition Service regulations for the purchase of eligible food:

(a) Stamp;

(b) Coupon;

(d) Access device, including an electronic benefit transfer (EBT) card or personal identification number.

(6) "Boarder" means an individual to whom a household furnishes lodging and meals for reasonable compensation.

(7) "Cabinet" means the Cabinet for Health and Family Services or its designee.

(8) "Certification" means the action necessary to determine eligibility of a household including:

(a) Interview;

(b) Verification; and

(9) "Communal dining facility" means:

(a) A public or nonprofit private establishment, approved by FNS, that prepares and serves meals for elderly persons;

(b) A public or private nonprofit establishment (eating or otherwise) that feeds:

1. Elderly persons; and

2. SSI recipients and their spouses;

(d) A private establishment that contracts with an appropriate state or local agency to offer meals at concessional prices to:

1. Elderly persons; and

2. SSI recipients and their spouses.

(10) "Date of entry" or "date of admission" means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.

(11) "Disability" means:

(a) An individual who receives:

1. Supplemental Security Income (SSI) or presumptive SSI under 42 USC 1381 to 1385;

2. Disability or blindness payments under:

a. 42 USC 301 to 306;

b. 42 USC 401 to 433;

c. 42 USC 1201 to 1206;

d. 42 USC 1351 to 1355; or

e. 42 USC 1381 to 1385;

3. Optional or mandatory state supplementation;

4. Disability retirement benefits from a:

a. Federal;

b. State; or

c. Local governmental agency; and

d. Resulting from a disability considered permanent under 42 USC 421(i);

5. Annuity payments under:

a. 45 USC 231(a); and

b. Is determined to qualify for Medicare by the Railroad Retirement Board; or

c. Has a disability based upon the criteria used under 42 USC 1381 to 1385; or

(b) A veteran with a service connected or nonservice connected disability rated by the Veteran's Administration or paid as total (100 percent) by the Veteran's Administration under Title 38 of the United States Code;

(c) A veteran considered by the Veteran's Administration to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code;

(d) A surviving spouse of a veteran and considered by the Veteran's Administration to be in need of regular aid and attendance or permanently housebound;

(e) A surviving child of a veteran and considered by the Veteran's Administration to be permanently incapable of self-support under Title 38;

(f) A surviving spouse or surviving child of a veteran and considered by the Veteran's Administration to be entitled to:

1. Compensation for a service-connected death;

2. Pension benefits for a nonservice-connected death under Title 38; and

3. Has a disability considered permanent under 42 USC 421(i);

(g) An individual in receipt of disability related medical assistance under 42 USC 1396;

(h) An individual who is certified to receive, but not yet receiving SSI or Social Security disability payments; or

(i) An individual who is currently having his entire SSI or Social Security disability benefit check recouped to recover a prior overpayment.

(12) "Drug addiction or alcoholic treatment and rehabilitation program" means a program conducted by a private nonprofit organization or institution that is certified by the cabinet or agencies designated by the Governor as responsible for the administration of the state's program for alcoholics or drug addicts.

(13) "Elderly" means an individual who is:

(a) Age sixty (60) or older; or

(b) Fifty-nine (59) years of age at the time of application but shall turn age sixty (60) before the end of month of application.

(14) "Electronic benefit transfer (EBT)" means a computer-based electronic benefit transfer system in which an eligible household’s benefit authorization is received from a central computer through a point of sale terminal.

(15) "Eligible foods" means the following:

(a) A food or food product intended for human consumption except:

1. Alcoholic beverages;

2. Tobacco;

3. Hot foods; and

4. Hot food products prepared for immediate consumption;

(b) Seeds and plants to grow foods for the personal consumption by eligible households;

(c) Meals prepared and delivered by an authorized meal delivery service to households eligible to use coupons to purchase delivered meals;

(d) Meals served by a communal dining facility for:

1. The elderly;

2. SSI households; or

3. To both; and

4. To households eligible to use coupons for communal dining;

(e) Meals prepared and served by an authorized drug addiction or alcoholic treatment and rehabilitation center to:

1. Narcotic addicts;

2. Alcoholics; and

3. Their children;

(f) Meals prepared and served by an authorized group living arrangement facility to residents who are blind or have a disability as defined in subsection (11) of this section;

(g) Meals prepared and served by an authorized shelter for battered women and children to its eligible residents;

(h) Meals prepared for and served by an approved authorized public or private nonprofit establishment including a soup kitchen and temporary shelter that feeds homeless persons, provided that the facility is approved by the cabinet; and

(i) Meals prepared by a private establishment that contracts with the cabinet to be sold to homeless individuals at concessional prices.

(16) "Employment and training (ET) program" means a program consisting of one (1) or more of the following components:

(a) Work;

(b) Training;

(d) Job search.

(17) "Entitlement" means the amount of food stamp benefits that a household would receive if every eligible household member participates.

(18) "Excluded household member" means an individual residing with a household but excluded when determining the household's size in accordance with the provisions of 921 KAR 3:035, Section 5(3) and (4).

(19) "Expungement" means the removal of EBT benefits from a household’s EBT account if the household has not accessed the account for 270 days.

(20) "Federal fiscal year" means a period of twelve (12) calendar months beginning with each October 1 and ending with September 30 of the following calendar year.

(21) "FNS" means the Food and Nutrition Service of the United States Department of Agriculture.

(22) "Group living arrangement" means a public or private nonprofit residential setting that:

(a) Serves no more than sixteen (16) residents; and

(b) Is appropriately certified.

(23) "Head of household" means the person in whose name the application for participation is made as:

(a) Having primary financial responsibility for the household;

(b) Being an adult parent of a child of any age and living in the household; or

(24) "Household" means:

(a) An individual who:

1. Lives alone; or

2. While living with others, customarily purchases and prepares meals for home consumption separate from others; or

(b) A group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

(25) "Immigration and Naturalization Service (INS)" means the Immigration and Naturalization Service, United States Department of Justice.

(26) "Inadvertent household error" means an overissuance resulting from a misunderstanding or unintended error on the part of the household.

(27) "Institution of higher education" means any institution providing post high school education, which normally requires a high school diploma or equivalency certificate for a student to enroll, including but not limited to:

(a) College;

(b) University; and

(28) "Intentional program violation" means having intentionally:

(a) Made a false or misleading statement;

(b) Misrepresented, concealed or withheld facts;

(d) For the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking a food stamp coupon or EBT card, committed an act that constitutes a violation of:

1. 7 USC 2011, et seq.;

2. 7 CFR 210 through 295; or

3. 921 KAR Chapter 3.

(29) "Kentucky Transitional Assistance Program (K-TAP)", means a program pursuant to 921 KAR 2:017, Section 1(8).

(30) "Kentucky Works" means a program pursuant to 921 KAR 2:017, Section 1(9).

(31) "Meal delivery service" means an entity with which the cabinet has contracted for the preparation of meals at concessional prices to an individual who is unable to adequately prepare his meals.

(32) "Medicaid" means medical assistance under 42 USC 1396.

(33) "Nonassistance household" (NA) means a household containing at least one (1) member who is not included in a K-TAP household.

(34) "Nonhousehold member" means an individual residing with a household but not considered a household member in determining the household's eligibility or allotment.

(35) "Nonprofit cooperative food purchasing venture" means any private nonprofit association of consumers whose members pool their resources to buy food.

(36) "Overissuance" means the amount by which benefits issued to a household exceeds the amount the household was eligible to receive.

(37) "Public assistance" (PA) means any of the programs authorized under 42 USC 601 to 679 including:

a. Old age assistance;

b. K-TAP;

c. Aid to the blind;

d. Aid to the persons who have a permanent and total disability; and

e. Aid to aged, blind or persons with a disability.

(38) "Quality control review" means a review of a statistically-valid sample of active and negative cases to determine the extent to which a household:

(a) Received the food stamp allotment to which it was entitled to receive; or

(b) Was not incorrectly denied food stamp benefits or terminated from the Food Stamp Program.

(39) "Recipient claim" means an amount owed to the cabinet because a household:

(a) Received an overissuance; or

(b) Trafficked food stamp benefits.

(40) "Restored benefit" means a food stamp benefit that is owed to a household that received less food stamp benefits than it was entitled to receive during the month.

(41) "Self-employment income" means income from a business enterprise from which no taxes are withheld prior to receipt of the income by the individual.

(42) "Shelter for battered women and children" means a public or private nonprofit residential facility that serves battered women and children.

(43) "Sponsor" means a person who executed an affidavit of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission into the United States as a permanent resident.

(44) "Sponsored alien" means an alien lawfully admitted for permanent residence as an immigrant as defined under 8 USC 1101.

(45) "Spouse" means either of two (2) individuals who:

(a) Would be defined as married to each other under applicable state law; or

(b) Are living together and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or trades people.

(46) "Striker" means anyone involved in a strike or other concerted stoppage of work by employees.

(47) "Supplemental security income (SSI)" means monthly cash payments made under the authority of:

(a) 42 USC 1381 to 1385 to the aged, blind and disabled;

(b) 42 USC 1382e; or

(48) "Thrifty food plan" means the diet required to feed a family of four (4) persons, determined in accordance with the Secretary of the United States Department of Agriculture calculations, consisting of:

(a) A man and a woman twenty (20) through fifty (50);

(b) A child six (6) through eight (8); and

(49) "Trafficking" means:

(a) The buying or selling of a food stamp coupon or an EBT card or other benefit instrument for cash or consideration other than eligible food; or

(b) The exchange of firearms, ammunition, explosives, or controlled substances as defined in Section 802 of title 21 USC for a food stamp coupon or an EBT card.

(50) "Underissuance" means the amount that the benefits to that the household was entitled exceeds the benefits which the household received. (Recodified from 904 KAR 3:010, 10-30-98; Am. 25 Ky.R. 2212; eff. 5-19-99; 27 Ky.R. 2914; 28 Ky.R. 96; eff. 7-16-2001.)