921 KAR 3:030. Application process.

921 KAR 3:030. Application process.

RELATES TO: KRS 116.048, 7 C.F.R. 273.2, 273.10, 42 U.S.C. 1973gg-5, 7 U.S.C. 2020(e)(2)(B)(ii), (iii), (iv), 42 U.S.C. 2000d

STATUTORY AUTHORITY: KRS 116.048(1), 194A.050(1), 7 C.F.R. 271.4, 7 U.S.C. 2020(e)(2)(B), 7 U.S.C. 2011-2029, 42 U.S.C. 1973gg-5

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 U.S.C. 2011 to 2029 and 7 C.F.R. 271.4 authorize the cabinet to administer a Food Stamp Program and prescribes the manner in which the program shall be implemented. 7 U.S.C. 2020(e)(2)(B) requires the cabinet to develop a uniform application process. KRS 116.048(1) designates the cabinet as a voter registration agency in accordance with 42 U.S.C. 1973gg-5. This administrative regulation establishes the application and the voter registration processes used by the cabinet in the administration of the Food Stamp Program.

Section 1. Right to Apply or Reapply. (1) An individual shall have the right to apply or reapply for food stamp benefits on the same day that the household first contacts the Department for Community Based Services (DCBS) office in person during office hours.

(2) The cabinet shall make the application process readily accessible to a household.

(3) In accordance with the procedures described in 920 KAR 1:070, interpreter services shall be provided for a person who is:

(a) Deaf; or

(b) Hard of hearing.

(4) In accordance with 42 U.S.C. 2000d, interpreter services shall be provided for a person who is Limited English Proficient.

(5) An application shall be considered filed if a KIM-77, Intent to Apply, or a KIM-100, KAMES Application, containing the name, address, and signature of the applicant and any applicable supplements, is received by a DCBS office.

(6) An application shall be processed after the:

(a) Applicant or representative is interviewed;

(b) Required information and verification for the application is provided to the DCBS office; and

(c) Application and related documents are received by the appropriate DCBS office, as specified in Section 3(1) of this administrative regulation.

Section 2. Who May Sign an Application. An application for food stamps shall be signed by:

(1) An adult or emancipated child who is a responsible member of the household; or

(2) The household's authorized representative.

Section 3. Where an Application is Filed. (1) Except as provided in subsection (2) of this section, an application shall be filed in any DCBS office and processed in the county in which an applicant resides.

(2) A concurrent application for Supplemental Security Income (SSI) and Food Stamps shall be filed in the service area office of the Social Security Administration.

Section 4. Prompt Action on an Application. The cabinet shall provide an eligible household that completes the initial food stamp application process an opportunity to participate as soon as possible. The cabinet shall not provide an opportunity to participate later than:

(1) Thirty (30) days after the application is filed for a household ineligible for expedited services; or

(2) The fifth calendar day following the date an application is filed for a household eligible for expedited services.

Section 5. Expedited Service. The cabinet shall provide expedited services to a household that is eligible in accordance with 7 C.F.R. 273.2(i).

Section 6. Public Assistance Application Process. (1) A household in which every member is applying for Kentucky Transitional Assistance Program (KTAP) shall be allowed to simultaneously apply for food stamp benefits. A single interview shall be conducted for both programs.

(2) Time standards specified in Section 4 of this administrative regulation shall apply to a public assistance application. A public assistance application shall be governed by the time standards specified in 921 KAR 2:035, Section 4.

(3) A household in which every member receives, or is authorized to receive, SSI shall be considered categorically eligible unless:

(a) The entire household is:

1. Institutionalized; or

2. Disqualified from receiving food stamps; or

(b) A household member is ineligible due to a drug-related felony conviction.

(4) A household in which any member receives, or is authorized to receive cash, in-kind, or other benefits funded under temporary assistance for needy families (TANF) shall be considered categorically eligible unless:

(a) The entire household is:

1. Institutionalized; or

2. Disqualified from receiving food stamps; or

(b) A household member is ineligible due to a drug-related felony conviction.

(5) A categorically eligible household shall not be required to verify the following eligibility factors:

(a) Resources;

(b) Gross and net income limits;

(d) Sponsored alien information; and

(e) Residency.

Section 7. Joint SSI and Food Stamp Application Process. A household in which every member is an applicant or recipient of SSI shall be allowed to simultaneously apply for both SSI and food stamps as specified in Section 3(2) of this administrative regulation.

Section 8. Voter Registration. (1) In accordance with KRS 116.048 and 42 U.S.C. 1973gg-5, a food stamp applicant or recipient shall be provided the opportunity to complete an application to register to vote or update current voter registration if the applicant or recipient is:

(a) Age eighteen (18) or over; and

(b) Not registered to vote or not registered to vote at his current address.

(2) PAFS-706, Voter Registration Rights and Declination, shall be utilized to document a Food Stamp Program applicant or recipient's choice to:

(a) Register to vote; or

(b) Not register to vote.

(3) A voter registration application issued by the Board of Elections shall be completed if a Food Stamp Program applicant or recipient wants to:

(a) Register to vote; or

(b) Update voter registration to provide a new address.

(4) The voter registration process shall not apply to an individual not included in the assistance application, such as an authorized representative.

(5) All information utilized in the voter registration process shall remain confidential and be used only for voter registration purposes.

(6) The State Board of Elections shall approve the application to register to vote and send a confirmation or denial notice to the voter registration applicant.

Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "KIM-77, Intent to Apply", edition 8/08;

(b) "KIM-100, KAMES Application", edition 8/08;

(d) "KIM-100, Supplement B, Utility/Shelter Information", edition 8/08;

(e) "KIM-100, Supplement C, Additional Members/Striker and Boarder Information", edition 8/08;

(f) "KIM-100, Supplement D, Farm/Self-Employment/Rental Income", edition 8/08;

(g) "KIM-100, Supplement E, Vehicles", edition 8/08;

(h) "KIM-100, Supplement F, Emergency Shelter/Foster Care", edition 8/08;

(i) "KIM-100, Supplement G, Member General Information", edition 8/08;

(j) "KIM-100, Supplement H, IM Alien Information", edition 8/08;

(k) "KIM-100, Supplement I, State Supplementation/Pass Through", edition 8/08;

(l) "KIM-100, Supplement J, Long Term Care", edition 8/08;

(m) "KIM-100, Supplement L, General Deprivation", edition 8/08;

(n) "KIM-100, Supplement M, Incapacity/Unemployment", edition 8/08;

(o) "KIM-100, Supplement N, Deprivation", edition 8/08;

(p) "KIM-100, Supplement P, DSC Cooperation/Absence Verification", edition 8/08;

(q) "KIM-100, Supplement PP, AP Referral", edition 8/08;

(r) "KIM-100, Supplement Q, KWP/Work Registration", edition 8/08;

(s) "KIM-100, Supplement R, Earned Income", edition 8/08;

(t) "KIM-100, Supplement S, Unearned Income", edition 8/08;

(u) "KIM-100, Supplement SS, Lump Sum/Pass Income", edition 8/08;

(v) "KIM-100, Supplement T, Resources", edition 8/08;

(w) "KIM-100, Supplement U, Medical Expenses", edition 8/08;

(x) "KIM-100, Supplement V, Health Insurance", edition 8/08;

(y) "KIM-100, Supplement W, KAMES-Integration Supplement - Lock-In & KenPAC", edition 8/08;

(z) "KIM-100, Supplement X, IM Nonmember", edition 8/08;

(aa) "KIM-100, Supplement XX, KAMES-Integration Supplement - FS Non-members", edition 8/08;

(bb) "KIM-100, Supplement Y, Student Information", edition 8/08; and

(cc) "PAFS-706, Voter Registration Rights and Declination", edition 8/08.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (3 Ky.R. 679; eff. 5-4-77; Am. 6 Ky.R. 158; eff. 10-3-79; 8 Ky.R. 539; eff. 2-1-82; 9 Ky.R. 1066; eff. 4-6-83; 14 Ky.R. 1538; 1846; eff. 3-10-88; 18 Ky.R. 891; eff. 10-16-91; 20 Ky.R. 2256; eff. 3-14-94; 21 Ky.R. 2822; eff. 6-21-95; Recodified from 904 KAR 3:030, 10-30-98; 25 Ky.R. 2684; eff. 8-18-99; 26 Ky.R. 2066; eff. 7-17-2000; 27 Ky.R. 2918; 28 Ky.R. 100; eff. 7-16-2001; 2277; 2593; eff. 6-14-2002; 29 Ky.R. 2185; 2482; eff. 4-11-03; 34 Ky.R. 2623; 35 Ky.R. 290; eff. 9-5-08.)