DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

PUBLIC NOTICE

Food Supplement Program

DSSM: 9018.2 Time Limit for Able-bodied Adults Maintaining and Regaining ABAWD (Able-Bodied Adults Without Dependent) Eligibility

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the Food Supplement Program, specifically, Time Limit for Able-bodied Adults.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by May 31, 2013.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

SUMMARY OF PROPOSAL

The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding the Food Supplement Program, specifically, Time Limit for Able-bodied Adults.

Statutory Authority

7 CFR §273.24, Time Limit for Able-Bodied Adults

Background

Delaware’s Food Supplement Program, formerly known as food stamps, is operated under the provisions of the Food and Nutrition Act of 2008, as amended, and is administered by the Food and Nutrition Service (FNS) under the United States Department of Agriculture (USDA). The Delaware Division of Social Services (DSS) is responsible for the administration of the Food Supplement Program (FSP), including, but not limited to certification of applicant households and issuance, control, and accountability of FSP benefits.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) limits the receipt of food benefits to 3 months (consecutive or otherwise) in a 36-month period for ABAWDs who are not working, participating in, and complying with the requirements of a work program for 20 hours or more each week, or a workfare program. “ABAWDs” refers to Able-Bodied Adults Without Dependents.

Work registration is a technical eligibility factor for participation in the Food Supplement Program. Every able-bodied household member age 18-59, must work register unless otherwise exempt.

Summary of Proposed Changes

DSSM 9018.2, Time Limit for Able-bodied Adults Maintaining and Regaining ABAWD Eligibility: The intent of the proposed amendment is to clarify language to make the rules easier to understand and follow.

Additionally, the name of the section is changed to more accurately reflect the content of the policy.

The applicable federal citation is also added to the policy section.

DSS PROPOSED REGULATION #13-14

REVISION:

Individuals are ineligible to continue to receive food stamps if, during any 36-month period they received food stamps at least three (3) months (consecutive or otherwise) while they did not either:

Definitions

Work is defined as:

Qualifying work programs include programs under:

Good Cause

If the individual would have worked an average of 20 hours per week but missed some work for good cause, the individual shall be considered to have met the work requirements if:

Good cause shall include circumstances beyond the individual's control, such as:

Exemptions

Individuals are exempt from this work requirement if he or she:

Regaining Eligibility

Individuals denied eligibility under this work requirement, or who would have been denied under this work requirement if they had reapplied, can regain eligibility if during a 30-day period the individual:

Individuals who regain eligibility based on the requirements above will remain eligible as long as they meet the above requirements.

Individuals who lose their employment or cease participation in work or work supplementation programs may continue to receive food stamps for up to three (3) consecutive months beginning from the date DSS is notified that work has ended.

The only remaining cure during the 36-month period is for the individual to:

comply with the work requirements of this section; or

to become exempt under other provisions of the requirement.

Treatment of Income and Resources

The income and resources of an individual made eligible due to the time limit shall be handled according to DSSM 9076.2.

Benefits Received Erroneously

If an individual subject to the time limit receives food stamp benefits erroneously, consider the benefits to have been received unless or until the individual pays it back in full.

Verification

Verification is handled according to DSSM 9032.16 and DSSM 9038.

Reporting Requirements

Individuals subject to the time limit must report changes in work hours below 20 hours per week, averaged monthly.

Any work performed in a job that was not reported will be counted as work when determining countable months.

Countable Months

Countable months are months during which an individual receives food stamps for the full month while not:

7 CFR 273.24

This policy applies to applicants for and recipients of the Food Supplement Program who are able-bodied adults who do not have dependent children living with them.

Definitions

ABAWD (able-bodied adults without dependent children) means individuals without children in their FSP household who must work 20 hours a week and/or comply with certain work requirements in order to get food benefits.

Work is defined as:

A. Work in exchange for money;

B. Work in exchange for goods or services (in-kind work);

C. Unpaid work which is verified; or

D. Any combination of the above definitions.

Qualifying work programs include programs under:

A. Workforce Investment Act;

B. Trade Adjustment Assistance Act; or

C. Employment and Training (except for job search or job search training programs).

Countable months are months during which an individual receives food benefits for the full month while not:

A. Exempt

B. Meeting the work requirements

C. Receiving prorated benefits

1. Benefits for ABAWDs Are Time-Limited

Able-bodied adults without dependent children (ABAWDs) can only receive 3 months of food benefits in a 36 month period if they do not meet the work requirements. When the individual meets a work requirement, he or she may get benefits longer than 3 months.

2. ABAWDs Must Meet Work Requirements

An ABAWD meets the work requirement when he or she:

A. Works at least 20 hours per week (averaged monthly which means 80 hours a month); or

B. Participates in a work program at least 20 hours per week; or

C. Works and participates in a work program for any combination of hours that totaled 20 hours per week; or

D. Participates and complies with a workfare program.

3. ABAWDs May Be Exempted from Time Limits

The following individuals are exempt from the 3 month limitation even if they do not meet the work requirements.

A. An individual who is under age 18.

The month after the individual turns 18 is the first month he or she must start meeting the ABAWD work requirements.

B. An individual who is 50 years of age or older.

An individual is no longer considered an ABAWD the month he or she turns 50 years old.

C. An individual who is obviously mentally or physically unfit for employment.

D. An individual who is medically certified as physically or mentally unfit for employment.

This must be verified by a written statement from medical personnel.

E. An individual who is receiving temporary or permanent disability benefits issued by governmental or private sources.

F. An individual who is a parent (natural, adoptive, or step) of a household member under 18 years of age.

G. An individual who is living in a FSP household with a person who is under age 18, even if the person under 18 is not eligible for or receiving food benefits.

H. An individual who is pregnant.

I. An individual who is exempt from work requirements according to DSSM 9018.3.

4. ABAWDs May Be Exempted for Good Cause

If the individual would have worked an average of 20 hours per week but missed some work for good cause, consider the individual to have met the work requirements if:

A. The absence from work is temporary; and

B. The individual retains his or her job.

Good cause includes circumstances beyond the individual's control, such as:

A. Illness;

B. Illness of household member requiring the presence of the ABAWD;

C. A household emergency; or

D. The unavailability of transportation.

5. ABAWDs May Regain Eligibility

Regaining eligibility applies to individuals who have received three ABAWD months then were closed or denied for failure to comply with ABAWD work requirements.

After closing, an individual can regain eligibility if during a 30-day period the individual:

A. Works (paid or non-paid) for 80 hours or more; or

B. Participates in and complies with a work program for 80 hours or more; or

C. Participates in and complies with a work supplementation program; or

D. Participates in any combination of work and participation in a work program for a total of 80 hours; or

E. Participates in a DSS workfare program; or

F. Becomes exempt for any reason.

6. Resources and Income of ABAWDs Must be Counted

The income and resources of individuals excluded from FSP eligibility because they have exhausted their ABAWD months are handled according to DSSM 9076.2.

7. ABAWDs Must Verify Certain Information

Verification is handled according to DSSM 9032 and DSSM 9038.

8. ABAWDs Must Report Certain Work Changes

Individuals subject to the time limit must report when their work hours fall below 20 hours per week, averaged monthly.

Any work performed in a job that was not reported will be counted as work when determining countable months.

9. Benefits Received Erroneously Count as ABAWD Months

If an individual subject to the time limit receives food benefits erroneously, consider the benefits to have been received.