921 KAR 3:025. Technical requirements.

 

      RELATES TO: KRS 205.2005, 7 C.F.R. Parts 273.4, 5, 7, 45 C.F.R. 261.2, 7 U.S.C. 2011, 2014, 2015(d), 8 U.S.C. 1101-1524, 1612(a), 19 U.S.C. 2296, 21 U.S.C. 862(a), 25 U.S.C. 450, 29 U.S.C. 2801 to 2945, 38 U.S.C. 101, 107, 1101, 1301, 1304, 1382, 5303A(d), 42 U.S.C. 681, 1382, Pub. L. 111-118

      STATUTORY AUTHORITY: KRS 194A.050(1), 7 C.F.R. Parts 271.4, 272, 273

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary 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. Part 271.4 requires the cabinet to administer a Supplemental Nutrition Assistance Program (SNAP) within the state. 7 C.F.R. Parts 272 and 273 set forth requirements for the cabinet to participate in the SNAP. In addition, 7 U.S.C. 2014 establishes that an otherwise-qualified alien who is blind or receiving a disability benefit, who has lived in the United States for at least five (5) years, or is under eighteen (18) years of age shall be eligible to participate in SNAP regardless of the date he entered the United States. This administrative regulation sets forth the technical eligibility requirements used by the cabinet in the administration of SNAP.

 

      Section 1. Definitions. (1) "Certification period" means a period of time during which a household shall be eligible to receive SNAP benefits.

      (2) "Qualified alien" means an alien or refugee who is:

      (a) Lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 to 1524;

      (b) Granted asylum pursuant to 8 U.S.C. 1158;

      (c) Admitted to the United States pursuant to 8 U.S.C. 1157;

      (d) Paroled into the United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1) year;

      (e) Having his deportation withheld pursuant to:

      1. 8 U.S.C. 1253(h), as in effect prior to April 1, 1997; or

      2. 8 U.S.C. 1231(b)(3);

      (f) Granted conditional entry pursuant to 8 U.S.C. 1153(a)(7) as in effect prior to April 1, 1980;

      (g) Granted status as a Cuban and Haitian entrant pursuant to 8 U.S.C. 1522;

      (h) A victim that has been battered or subjected to extreme cruelty in the U.S. pursuant to 8 U.S.C. 1182;

      (i) A victim of a severe form of trafficking in persons who has been certified to the same extent as an alien who is admitted to the U.S. as a refugee pursuant to 8 U.S.C. 1157; or

      (j) An alien admitted to the United States as an Afghan or Iraqi special immigrant on or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120.

      (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 federal regulations 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:

      (1) Residency. A household:

      (a) Shall reside in the county in which they receive benefits; and

      (b) May apply for benefits in any county as specified in 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 alien status.

      (a) The following individuals shall satisfy the citizenship and alien status requirement:

      1. A citizen of the United States;

      2. A U.S. noncitizen national;

      3. An alien who is:

      a. An American Indian born in Canada pursuant to 8 U.S.C. 1359; or

      b. A member of an Indian tribe pursuant to 25 U.S.C. 450;

      4.a. An alien lawfully residing in the United States who was a member of a Hmong or Highland Laotian tribe and rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era pursuant to 38 U.S.C. 101;

      b. The spouse, or an unmarried dependent child, of an individual described in clause a of this subparagraph; or

      c. The unmarried surviving spouse of such an individual who is deceased, as described in clause a of this subparagraph.

      5. An alien who is lawfully residing in Kentucky and is:

      a. A veteran, as defined pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with an honorable discharge and not on account of alienage, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d);

      b. On active duty, other than active duty for training, in the Armed Forces of the United States;

      c. The spouse or unmarried dependent child of an individual described in clauses a and b of this subparagraph;

      d. The unmarried surviving spouse of an individual described in clauses a and b of this subparagraph who is deceased if the marriage fulfills the requirements of 38 U.S.C. 1304;

      e. Under eighteen (18) years of age on October 1, 2003;

      6. An alien lawfully residing in the United States on August 22, 1996, who is blind or has a disability pursuant to 42 U.S.C. 1382;

      7. An alien lawfully residing in the United States on August 22, 1996, who was sixty-five (65) years of age or older;

      8. An alien lawfully residing in the United States on October 1, 2003, who is under eighteen (18) years of age;

      9. An alien admitted to the United States as an Afghan or Iraqi special immigrant on or after December 19, 2009, in accordance with Pub. L. 111-118, Section 8120; or

      10. An alien lawfully residing in the United States who meets the alien and citizenship requirements as specified in subparagraph 5 of this paragraph.

      (b) In accordance with 7 U.S.C. 2014, an otherwise-qualified alien 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 the otherwise-qualified alien entered the United States.

      (c) Pursuant to 8 U.S.C. 1612(a)(2)(D)(ii), an alien who was participating in SNAP on August 22, 1996, shall not be determined ineligible based solely on the alien eligibility criteria of 8 U.S.C. 1612(a)(1).

      (d) Except as provided in paragraph (e) of this subsection, an individual whose status is questionable shall be ineligible to participate until verified.

      (e) 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.

      (f) A single household member shall attest in writing to the citizenship or alien 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 they meet at least one (1) of the following criteria:

      (a) Shall be engaged in paid employment for an average of twenty (20) hours per week or, if self-employed, shall be employed for an average of twenty (20) hours per week and receive weekly earnings at least equal to the federal minimum wage multiplied by twenty (20) hours;

      (b) Shall participate in a state or federally financed work study program during the regular school year;

      (c) Shall be responsible for the care of a dependent household member under the age of six (6);

      (d) Shall be responsible for the care of a dependent household member who has reached the age of six (6), but is under age twelve (12) where 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) and (b) of this subsection;

      (e) Shall receive benefits from the Kentucky Transitional Assistance Program (K-TAP);

      (f) Shall be assigned to or placed in an institution of higher learning through a program pursuant to:

      1. 29 U.S.C. 2801;

      2. 45 U.S.C. 261.2; or

      3. 19 U.S.C. 2296;

      (g) Shall be enrolled in an institution of higher learning as a result of participation in a work incentive program pursuant to 42 U.S.C. 681; or

      (h) Is a single parent with responsibility for the care of a dependent household member under age twelve (12).

      (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 one 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 shall be required to comply with the work registration requirements, unless exempt, as established in 921 KAR 3:042.

      (8) Work requirement.

      (a) Except for individuals that may be eligible for up to three (3) additional countable months in accordance with subsection (7) of this section, 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 Employment and Training Program 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:

      a. 29 U.S.C. 2801 to 2945; or

      b. 19 U.S.C. 2296;

      4. Participate in and comply with the requirements established in 921 KAR 3:042 of the following programs:

      a. The Work Experience Program component of SNAP Employment and Training Program; or

      b. Vocational Education Skill Training Program; 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:

      1. Under eighteen (18) or fifty (50) years of age or older;

      2. Physically or mentally unfit for employment as determined by the cabinet;

      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 as specified in 921 KAR 3:042, Section 2; or

      5. Pregnant.

      (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 under paragraph (a) of this subsection shall regain eligibility to participate in SNAP if, during a thirty (30) day period, the individual meets the conditions of paragraph (a)1 through 4 of this subsection, or who did not reapply for benefits because 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 under 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 under 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 pursuant to KRS 205.2005. (18 Ky.R. 246; eff. 8-21-91; Am. 2446; eff. 3-7-92; 19 Ky.R. 315; eff. 8-28-92; 20 Ky.R. 3319; eff. 8-4-94; 21 Ky.R. 2829; eff. 6-21-95; 23 Ky.R. 3627; 4158; eff. 6-16-97; 24 Ky.R. 1791; eff. 4-13-98; 25 Ky.R. 919; 1369; eff. 11-18-98; Recodified from 904 KAR 3:025, 2-1-99; 28 Ky.R. 990; 1432; eff. 12-19-2001; 29 Ky.R. 2382; eff. 5-15-2003; 37 Ky.R. 1915; eff. 4-1-2011.)