RULE MANUAL VOLUME 4, SNAP

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Code of Colorado Regulations › 500,1008,2500 Department of Human Services › 2506 Supplemental Nutrition Assistance Program (SNAP) › 10 CCR 2506-1

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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DEPARTMENT OF HUMAN SERVICES

Supplemental Nutrition Assistance Program (SNAP)

RULE MANUAL VOLUME 4, SNAP

10 CCR 2506-1

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

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4.000

SNAP

4.000.1 SNAP DEFINITIONS

“Able-Bodied Adult Without Dependents (ABAWD)” means an individual aged eighteen (18) through the

age of fifty-four (54) without a physical or mental disability who lives in a household with no one under the

age of eighteen (18).

“Administrative disqualification hearing (ADH)” means a disqualification hearing against an individual

accused of wrongfully obtaining or attempting to obtain SNAP benefits.

“Administrative law judge (ALJ)” means a person that may preside over state-level fair hearings and

administrative disqualification hearings.

“Administrative adjudicator” means a person who presides over state-level fair hearings and

administrative disqualification hearings.

“Adverse action” means any action taken by a local office that causes a household’s SNAP benefits to be

reduced, suspended, terminated, or denied.

“Adverse action period” means the period of time during the certification period prior to the adverse action

becoming effective.

“Agency error claim” means that a debt has been established for the household to repay due to an over-

issuance of SNAP benefits that was issued to the household resulting from an error made by the local

office.

“Allotment” means the total amount of SNAP benefits a household is authorized to receive in a particular

month.

“Appeal” means a request made by a household to have a decision about its case reviewed by an

impartial third party to determine whether the decision was correct. The term appeal includes state level

fair hearings and local-level dispute resolution conferences.

“Application” means a request on a state-approved form for public assistance which can include the

electronic state-prescribed form

month.

“Appeal” means a request made by a household to have a decision about its case reviewed by an

impartial third party to determine whether the decision was correct. The term appeal includes state level

fair hearings and local-level dispute resolution conferences.

“Application” means a request on a state-approved form for public assistance which can include the

electronic state-prescribed form.

“Application filing date” means the date an application for public assistance is received by the county

office.

“Application for recertification” means an application submitted prior to the last month of the certification

period to determine a household’s continued eligibility for the next certification period.

Code of Colorado Regulations

Secretary of State

State of Colorado

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“Application process” means the required process a household must complete for purposes of

determining eligibility for SNAP benefits at application or application for recertification.

“Authorized representative” means an individual who has been designated in writing by a responsible

member of the household to act on behalf of or assist the household with the application process,

obtaining SNAP benefits, and/or in using SNAP benefits at authorized retailers.

“Automated Child Support Enforcement System (ACSES)” means the automated computer system used

by the state department’s child support services to record child support payments.

“Basic Categorical Eligibility (BCE)” means the status granted to any household that is not eligible for

Expanded Categorical Eligibility and contains only members who receive, or are eligible to receive,

benefits from Colorado Works, Supplemental Security Income (SSI), Old Age Pension, Aid to the Needy

and Disabled, Aid to the Blind, or a combination of these programs

cord child support payments.

“Basic Categorical Eligibility (BCE)” means the status granted to any household that is not eligible for

Expanded Categorical Eligibility and contains only members who receive, or are eligible to receive,

benefits from Colorado Works, Supplemental Security Income (SSI), Old Age Pension, Aid to the Needy

and Disabled, Aid to the Blind, or a combination of these programs.

“Basic Utility Allowance (BUA)” means a fixed deduction applied to a household that does not pay for

heating or cooling and incurs at least two (2) non-heating or non-cooling utility costs, such as electricity,

water, sewer, trash, cooking fuel, or telephone.

“Bifurcated appeal” means an appeal that involves more than one benefit program area and where the

administrative adjudicator determines to divide the appeal so that a SNAP appeal is reviewed separate

from the appeal of a different benefit program area appeal.

“Boarder” means an individual residing with others and paying reasonable compensation to others for

lodging and meals.

“Boarding house” means an establishment that is licensed as a commercial enterprise and which offers

meals and lodging for compensation, as described in 7 C.F.R 273.1(b)(3)(i), herein incorporated by

reference. No later editions or amendments are incorporated. The regulation is available at no cost at the

FNS, 3101 Park Center Dr., #906, Alexandria, VA 22302 or at https://www.ecfr.gov. This regulation is

also available for public inspection and copying at the Food and Energy Assistance Division Director,

Colorado Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado 80203.

“Case record” means a combination of the physical case file that contains documents pertinent to a

household’s case; similar documents maintained in an electronic database; and information about the

household that is contained within the statewide automated system.

“Certification period” means the period of time for which a household has been certified to receive

benefits

, Denver, Colorado 80203.

“Case record” means a combination of the physical case file that contains documents pertinent to a

household’s case; similar documents maintained in an electronic database; and information about the

household that is contained within the statewide automated system.

“Certification period” means the period of time for which a household has been certified to receive

benefits.

“Civil union” means a legally binding partnership between two individuals without the legal recognition of

these individuals as spouses.

“Claim” means a debt resulting from an over-issuance of SNAP benefits that a household is obligated to

repay.

“Clear and convincing evidence” means evidence which is stronger than a preponderance of evidence

and which is unmistakable and free from serious or substantial doubt.

“Client” means a current or past applicant or a current or past recipient of SNAP.

“Collateral contact” means a verbal or written confirmation of a household's circumstances by a person

outside the household who has first-hand knowledge of the information, made either in person,

electronically submitted, or by telephone.

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“Colorado Department Of Human Services (CDHS)” means the same as defined in section 26-1-105,

C.R.S., which is incorporated by reference. No later editions or amendments are incorporated. This

regulation is available for public inspection and copying at The Food and Energy Assistance Division

Director, Colorado Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado

80203.

“Colorado Electronic Benefit Transfer System (CO/EBTS)” means the electronic system that enables

SNAP participants or their authorized representatives to redeem their SNAP benefits at point-of-sale

terminals.

“Colorado Unemployment Benefits System (CUBS)” means the electronic system by which

Unemployment Insurance Benefits (UIB) are determined by the Colorado Department of Labor and

Employment

03.

“Colorado Electronic Benefit Transfer System (CO/EBTS)” means the electronic system that enables

SNAP participants or their authorized representatives to redeem their SNAP benefits at point-of-sale

terminals.

“Colorado Unemployment Benefits System (CUBS)” means the electronic system by which

Unemployment Insurance Benefits (UIB) are determined by the Colorado Department of Labor and

Employment.

“Combined appeal” means an appeal that involves both a SNAP appeal and an appeal concerning any

other benefit program area (ex. A SNAP appeal plus a Colorado Works appeal that are filed as one

appeal). Combined appeals will be bifurcated to allow the SNAP portion of the appeal to move on a faster

track to comply with federal SNAP timeliness requirements.

“Communal dining facility” means an establishment approved by FNS that prepares and serves meals for

persons aged sixty (60) and older, or for Supplemental Security Income (SSI) recipients, and their

spouses. This also includes federally subsidized housing for persons aged sixty (60) and older at which

meals are prepared for and served to the residents. It also includes private establishments that contract

with an appropriate state or local agency to offer meals at concessional prices to persons aged sixty (60)

and older or SSI recipients, and their spouses.

“Compromise” means a local office’s decision to reduce the amount of a claim that is owed by a

household.

“Countable month” means a month in which an ABAWD received a full SNAP allotment but did not meet

work requirements or have an exemption from those requirements.

“Demand letter”, see “notice of overpayment.”

“Disaster Supplemental Nutrition Assistance Program (D-SNAP)” means the assistance provided to the

affected areas when a Presidential disaster declaration for individual assistance is declared and the

decision to implement this program after a Presidential declaration shall be at the affected county’s

discretion in coordination with the state SNAP office and FNS

tter”, see “notice of overpayment.”

“Disaster Supplemental Nutrition Assistance Program (D-SNAP)” means the assistance provided to the

affected areas when a Presidential disaster declaration for individual assistance is declared and the

decision to implement this program after a Presidential declaration shall be at the affected county’s

discretion in coordination with the state SNAP office and FNS.

“Dispute Resolution Conference (DRC)” means an informal meeting between a household and the local

office to review an action taken on a case and the relevant facts pertaining to such action.

“Disqualification Consent Agreement (DCA)” means the form that allows the individual(s) suspected of

Intentional Program Violation/fraud to consent to his/her disqualification in cases of deferred adjudication,

as described in 7 C.F.R. 273.169(h), which is herein incorporated by reference. No later editions or

amendments are incorporated. The regulation is available at no cost at the FNS, 3101 Park Center Dr.,

#906, Alexandria, VA 22302, or at https://www.ecfr.gov. This regulation is also available for public

inspection and copying at the Food and Energy Assistance Division Director, Colorado Department of

Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado 80203.

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“Disqualified individuals” means any individual who is ineligible to receive SNAP benefits due to having

been disqualified for an Intentional Program Violation/fraud, failure to provide or obtain a SSN, ineligible

non-citizens, individuals disqualified for failure to cooperate with work requirements, individuals

disqualified for failure to cooperate with the state quality assurance division, and ABAWDs who already

received three countable months of SNAP within thirty-six (36) months without meeting an exemption or

ABAWD work requirements.

“Documentary evidence” means written information used to verify the income, expenses, and other

circumstances of a household

ooperate with work requirements, individuals

disqualified for failure to cooperate with the state quality assurance division, and ABAWDs who already

received three countable months of SNAP within thirty-six (36) months without meeting an exemption or

ABAWD work requirements.

“Documentary evidence” means written information used to verify the income, expenses, and other

circumstances of a household.

“Documentation” means the collection of documentary evidence, verification, case notes, and other

information related to a household’s case upon which eligibility determinations and other decisions are

based.

“Drug and Alcohol Treatment Center (DAA)” means any residential facility run by a private, nonprofit

organization or institution, or a publicly operated community mental health center, under Part B of Title

XIX of the Public Health Service Act (42 U.S.C 300x-1 through 300x-13) that provides rehabilitative

treatment to persons participating in a drug or alcohol treatment program.

“Dual participation” means the receipt of SNAP benefits in more than one SNAP household or state in the

same calendar month.

“EBT account” means the account linked to the EBT card where the state department deposits SNAP

benefits.

“EBT card” means the card issued to persons authorized to receive SNAP to which the household’s

allotment is credited. Used for SNAP purposes to purchase eligible foods at approved retailers.

“Eligibility has been determined” means a required interview was completed and all required verifications

were received for a valid SNAP application and a determination of eligibility or ineligibility was made with

a resulting notice of action.

“Employment and Training Program” means a program operated by the Department of Human Services

consisting of work, training, education, work experience, and/or job search activities designed to help

clients obtain gainful employment.

“Employment First (EF)” means Colorado’s Employment and Training Program

d a determination of eligibility or ineligibility was made with

a resulting notice of action.

“Employment and Training Program” means a program operated by the Department of Human Services

consisting of work, training, education, work experience, and/or job search activities designed to help

clients obtain gainful employment.

“Employment First (EF)” means Colorado’s Employment and Training Program.

“Energy Electronic Benefit Transfer (E-EBT)” means the fuel assistance payment to eligible SNAP

households of at least $20.01 that qualifies those households for the heating and cooling standard utility

allowance.

“Evidence” includes but is not limited to an item, document, photograph, video recording, testimony, or

other tangible object presented to an administrative adjudicator, administrative law judge, and/or during a

dispute resolution conference to make the existence of a fact more or less valid.”

“Excess medical deduction” means a deduction from a household's total gross income applied when a

person with a disability or a person aged sixty (60) and older has medical expenses over a specified

monthly amount.

“Exempt income” means income that is exempt from consideration when determining eligibility for SNAP.

“Expanded Categorical Eligibility (ECE)” means households that are exempt from having resources

considered when determining eligibility for SNAP.

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older has medical expenses over a specified

monthly amount.

“Exempt income” means income that is exempt from consideration when determining eligibility for SNAP.

“Expanded Categorical Eligibility (ECE)” means households that are exempt from having resources

considered when determining eligibility for SNAP.

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“Expedited service” means the method by which an application for SNAP is processed to ensure that the

neediest households have access to benefits no later than the seventh (7th) calendar day following the

date of application.

“Fair hearing” or “State-level fair hearing” means a hearing conducted in person or on the telephone by an

administrative adjudicator to provide an impartial decision on a household’s appeal of a local office’s

decision or action.

“Final agency decision” means a decision issued by the Office of Appeals after reviewing the initial

decision issued by an administrative adjudicator.

“Financial criteria” means the set of rules governing gross and net income and resource standards and

the proper methods for computing a household’s income and resources.

“Fleeing felon” means an individual who is fleeing to avoid prosecution or custody for a crime, or an

attempt to commit a crime, that would be classified as a felony under a state or federal law.

“FNS” means the Food and Nutrition Service of the U.S. Department of Agriculture.

“Fraud” means the same as described in section 26-2-305(1)(a), C.R.S.

“Full-time student” means a person who has a school schedule equivalent to a full-time curriculum as

defined by the institution of higher education the person is attending.

“G-845” means the U.S. Citizenship and Immigration Services (USCIS) form submitted by SNAP to the

USCIS to request immigration status verification for a SNAP client. Form G-845 was last modified on April

8, 2021 and is incorporated by reference. No later editions or amendments are incorporated

lent to a full-time curriculum as

defined by the institution of higher education the person is attending.

“G-845” means the U.S. Citizenship and Immigration Services (USCIS) form submitted by SNAP to the

USCIS to request immigration status verification for a SNAP client. Form G-845 was last modified on April

8, 2021 and is incorporated by reference. No later editions or amendments are incorporated. The form is

available at no cost at https://www.uscis.gov/g-845. The form is also available for public inspection and

copying at the Food and Energy Assistance Division Director, Colorado Department of Human Services,

1575 Sherman Street, 3rd Floor, Denver, Colorado 80203.

“Good cause” except as defined in 4.308.1, means a waiver granted to a person or household a)

excusing them from complying with a specific eligibility requirement because compliance could cause

adverse consequences to the person or household, or b) providing the household with more time to

comply with a specific eligibility requirement.

“Gross income” means the total of all non-exempt earned and unearned income added together before

any deduction or disregard is considered.

“Group Living Arrangement (GLA)” means a public or private non-profit facility certified under Section

1616(e) of the Social Security Act which serves no more than sixteen (16) people.

“Head of Household (HOH)” means the person who is generally regarded as the person with the most

knowledge of the household’s circumstances. The head of household is the person to whom the local

office addresses correspondence and notices about the household’s case. This person is generally the

individual who completes the application process and is responsible for obtaining and using the

household’s EBT card.

“Heating/Cooling Utility Allowance (HCUA)” means a fixed deduction applied to any household that incurs

a heating or cooling expense.

“Homeless meal provider” means:

1.

A public or private nonprofit establishment that feeds persons experiencing

homelessness; or,

on is generally the

individual who completes the application process and is responsible for obtaining and using the

household’s EBT card.

“Heating/Cooling Utility Allowance (HCUA)” means a fixed deduction applied to any household that incurs

a heating or cooling expense.

“Homeless meal provider” means:

1.

A public or private nonprofit establishment that feeds persons experiencing

homelessness; or,

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2.

A restaurant which contracts with an appropriate state agency to offer meals at

concessional (low or reduced) prices to persons experiencing homelessness.

“Household” means a group of individuals who live together and customarily purchase and prepare food

together for home consumption.

“Household income” means all earned and unearned income received or anticipated to be received by the

household from all sources, unless specifically exempted for SNAP eligibility purposes.

“Inadvertent Household Error Claim (IHE)” means a debt that has been established for the household to

repay due to an over-issuance of benefits that was issued to a household based on a misunderstanding

or unintentional error on the part of the household.

“Income and Eligibility Verification System (IEVS)” means a system used to match client’s Social Security

Numbers with the Social Security Administration, Internal Revenue Service, and the Department of Labor

and Employment to obtain information about household income.

“Indigent non-citizen” means a sponsored non-citizen who, after considering all income and contributions

provided by the sponsor and other sources in conjunction with the non-citizen’s own income, is unable to

obtain food and shelter amounting to one hundred thirty percent (130%) of the federal poverty level (FPL),

as defined in section 4.401.1, for the non-citizen’s household size. When a non-citizen is declared

indigent, only the amount provided by the sponsor shall be deemed for the non-citizen

ns

provided by the sponsor and other sources in conjunction with the non-citizen’s own income, is unable to

obtain food and shelter amounting to one hundred thirty percent (130%) of the federal poverty level (FPL),

as defined in section 4.401.1, for the non-citizen’s household size. When a non-citizen is declared

indigent, only the amount provided by the sponsor shall be deemed for the non-citizen. A declaration of

indigence may last up to twelve (12) months but may be renewed at the end of such a period, if

necessary. The local office must notify the U.S. Attorney General of each indigence determination,

including the name of the sponsor and the sponsored non-citizen.

“Initial decision” means a decision issued by an administrative adjudicator after a state-level fair hearing.

“Initial application” means a household’s first application for assistance or an application for assistance

that is received after the household has been off the program for any period following the end of a

certification period.

“Initial month of application” means the first month for which the household is certified for participation in

the program for those who have not received SNAP benefits in the state previously or following any break

after the end of the certification period where the household was not certified for participation. If the

household applies for recertification prior to the expiration of its certification period and is found eligible for

the first month following the end of the certification period, that month shall not be an initial month.

“Institution of higher education” means institutions that normally require a high school diploma or

equivalency certificate for a student to enroll, such as colleges, universities, and vocational or technical

schools.

“Intentional” means a false representation of a material fact with knowledge of that falsity or omission of a

material fact with knowledge of that omission

l not be an initial month.

“Institution of higher education” means institutions that normally require a high school diploma or

equivalency certificate for a student to enroll, such as colleges, universities, and vocational or technical

schools.

“Intentional” means a false representation of a material fact with knowledge of that falsity or omission of a

material fact with knowledge of that omission.

“Intentional Program Violation (IPV)” means when an individual has intentionally made a false or

misleading statement or misrepresented, concealed, or withheld facts, or committed or intended to

commit any act that constitutes a violation of the federal SNAP program operated under the Food and

Nutrition Act of 2008, the federal SNAP regulations, or any state statute relating to the use, presentation,

transfer, acquisition, receipt, or possession of SNAP benefits or EBT cards.

“IPV hearing”, see “Administrative disqualification hearing.”

“IPV hearing waiver”, see “Waiver of administrative disqualification hearing.”

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“Issuance month” means the calendar month for which a benefit allotment is issued.

“Lawful Permanent Resident” means a non-citizen legally admitted into the United States to reside on a

permanent basis.

“Level sanction” means a specified period of ineligibility imposed against an individual who failed to take a

required action as part of his or her eligibility for SNAP.

“Liquid resources” means assets such as cash on hand or assets that can be easily converted to cash

such as money in checking or savings accounts, saving certificates, or stocks and bonds.

“Live-in attendants” means individuals who reside with a household to provide medical, housekeeping,

child-care, or other personal services.

“Local office” means the county Department of Social/Human Services that is responsible for

administering SNAP

cash on hand or assets that can be easily converted to cash

such as money in checking or savings accounts, saving certificates, or stocks and bonds.

“Live-in attendants” means individuals who reside with a household to provide medical, housekeeping,

child-care, or other personal services.

“Local office” means the county Department of Social/Human Services that is responsible for

administering SNAP. In those counties that have more than one office that administers SNAP, “local

office” shall be inclusive of all local offices within the county that administer the program.

“Local-level dispute resolution conference”, see “Dispute resolution conference.”

“Low-Income Home Energy Assistance Program (LEAP)” means the Colorado program designed to help

low-income clients pay a portion of their winter heating costs.

“Management Evaluation (ME) reviews” means state or federal reviews of each county’s administration of

SNAP to determine each county’s adherence to federal- and state-mandated requirements. Such reviews

are mandated by the Food and Nutrition Service of the USDA.

“Mass update” means a change in data or policy that affects the entire state-wide caseload or a portion of

the caseload.

“Material fact” means information to which a reasonable person would attach importance when

determining a course of action.

“Migrant farm worker” means a person who travels away from home on a regular basis to follow the flow

of seasonal agricultural work.

“Minimum benefit” means the minimum amount of benefits issued to one- and two-person households

that are eligible for assistance, but whose issuance calculates to less than the federally prescribed

minimum allotment.

“Net income test” means the one hundred percent (100%) federal poverty level (FPL), as defined in

section 4.401.2, under which a household’s income must fall after all allowable deductions are considered

in order to be considered eligible. This level is specific to the household size as defined by FNS

ssistance, but whose issuance calculates to less than the federally prescribed

minimum allotment.

“Net income test” means the one hundred percent (100%) federal poverty level (FPL), as defined in

section 4.401.2, under which a household’s income must fall after all allowable deductions are considered

in order to be considered eligible. This level is specific to the household size as defined by FNS.

“Non-financial criteria” means the set of rules governing SNAP eligibility elements not related to a

household’s gross and net income and resource standards.

“Non-liquid resources” means assets which cannot be easily converted into cash such as vehicles and

real property.

“Notice of Action (NOA)” means the state-prescribed form sent to a household every time a local office

increases or takes an adverse action impacting a household’s SNAP benefits. This form describes the

action taken upon a household’s case and the resulting effect.

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“Notice of Overpayment” means a notice sent to a household upon the establishment of a claim against

the household for an overpayment of benefits.

“Office of Administrative Courts (OAC)” means the office within The Colorado Department of Personnel

and Administration that The Colorado Department of Human Services may designate to hear state-level

fair hearings as needed and as agreed to by The Office of Administrative Courts.

“Office of Appeals (OOA)” is an office within The Colorado Department of Human Services that issues

final agency decisions on behalf of The Colorado Department of Human Services.

“On-the-job training (OJT)” means training provided to an employee after he or she is hired. Such training

is designed for individuals who do not have the necessary work experience required for the job

inistrative Courts.

“Office of Appeals (OOA)” is an office within The Colorado Department of Human Services that issues

final agency decisions on behalf of The Colorado Department of Human Services.

“On-the-job training (OJT)” means training provided to an employee after he or she is hired. Such training

is designed for individuals who do not have the necessary work experience required for the job.

“One Utility Allowance (OUA)” means a fixed deduction given to any household that is not eligible to

receive the HCUA or BUA and incurs only one (1) non-heating or non-cooling utility expense, such as

electricity, water, sewer, trash, or cooking fuel. The OUA is not allowed if the household’s only utility

expense is a telephone.

“Outdated” means information that is older than sixty (60) days from the point of eligibility determination or

is no longer representative of a household’s circumstances.

“Over-issuance” means the amount of SNAP benefits issued to a household that exceeds the

household’s correct allotment.

“PA households” means households that contain only persons who receive TANF/Colorado Works or

Adult Financial cash grants.

“Parolee” means a non-citizen allowed into the United States for urgent humanitarian reasons or when

the non-citizens entry is determined to be for significant public benefit as described in 8 U.S.C 1182(d)(5)

and in 8 C.F.R. 212.5 (2019), herein incorporated by reference. No later editions or amendments are

incorporated. The regulation is available at no cost at the U.S. Department of Homeland Security, 3801

Nebraska Avenue NW, Washington D.C., 20016 or at https://www.ecfr.gov. This regulation is also

available for public inspection and copying at the Food and Energy Assistance Division Director, Colorado

Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado 80203. Parole does

not constitute a formal admission to the United States and confers temporary status only, requiring

parolees to leave when the conditions supporting their parole cease to exist

regulation is also

available for public inspection and copying at the Food and Energy Assistance Division Director, Colorado

Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado 80203. Parole does

not constitute a formal admission to the United States and confers temporary status only, requiring

parolees to leave when the conditions supporting their parole cease to exist.

“Payment Error Rate (PER)” means the sum of the overpayment error rate and the underpayment error

rate, which is the value of all over and underpaid allotments expressed as a percentage of all allotments

issued to the cases reviewed, excluding those cases processed by Social Security Administration (SSA)

personnel or participating in certain demonstration projects designated by FNS.

“Period of ineligibility” means the period of time a person is ineligible to receive SNAP benefits as a result

of a failure to cooperate with either a state or federal QA review.

“Periodic Report Form (PRF)” means the report that must be submitted by the household during the

twelfth (12th) month of a twenty-four (24) month certification period. The purpose of this form is to allow

the household to report any changes that occurred during the first half of the twenty-four (24) month

certification period and for the local office to determine the household’s continued eligibility for the

remaining twelve (12) months of the household’s certification period.

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rpose of this form is to allow

the household to report any changes that occurred during the first half of the twenty-four (24) month

certification period and for the local office to determine the household’s continued eligibility for the

remaining twelve (12) months of the household’s certification period.

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“Person experiencing homelessness” means an individual who lacks a fixed and regular nighttime

residence or whose primary residence is: a supervised shelter designed for temporary accommodations;

a halfway house or similar facility that provides temporary residence; a place not designed for or ordinarily

used as regular sleeping accommodations for human beings; or a temporary accommodation in the

residence of another individual for ninety (90) days or less.

“Person with disabilities” means a person who:

1.

Receives Supplemental Security Income (SSI) benefits under Title XVI of the Social

Security Act, or the Colorado Supplement, or Aid to the Needy and Disabled-

Supplemental Security Income- Colorado Supplement (AND-SSI-CS), or Aid to the Blind-

Supplemental Security Income- Colorado Supplement (AB-SSI-CS); or Disability or

Blindness Payments under Title I, II, X, or IXV of the Social Security Act;

2.

Is a veteran with a service-connected disability rated or paid as a total disability under

Title 38 of the United States Code or is a veteran receiving a pension for a non-service

connected disability;

3.

Is a veteran considered by the Veterans Affairs (VA) to be in need of regular aid and

attendance or permanently housebound under Title 38 of the United States Code;

4.

Is a surviving spouse of a veteran and considered in need of aid and attendance or

permanently housebound or a surviving child of a veteran and considered by the VA to

be permanently incapable of self-support under Title 38 of the United States Code;

5

red by the Veterans Affairs (VA) to be in need of regular aid and

attendance or permanently housebound under Title 38 of the United States Code;

4.

Is a surviving spouse of a veteran and considered in need of aid and attendance or

permanently housebound or a surviving child of a veteran and considered by the VA to

be permanently incapable of self-support under Title 38 of the United States Code;

5.

Is a surviving spouse or child of a veteran and considered by the VA to be entitled to

compensation for a service-connected death or pension benefits for a non-service-

connected death under Title 38 of the United States Code and has a disability considered

permanent under Section 221(i) of the Social Security Act. “Entitled”, as used in this

definition, refers to those veterans’ surviving spouses and children who are receiving the

compensation or benefits or have been approved for such benefits but are not yet

receiving them;

6.

Has a disability considered permanent under Section 221(i) of the Social Security Act and

receives a federal, state, or local public disability retirement pension;

7.

Receives an annuity for disability from the railroad retirement board who is considered as

a disabled person with disabilities by the SSA or who qualifies for Medicare as

determined by the railroad retirement board; or

8.

Is a recipient of interim assistance benefits pending the receipt of the Supplemental

Security Income (SSI), disability-related medical assistance under Title XIX of the Social

Security Act, or disability-based state assistance benefits provided that the eligibility to

receive these benefits is based on disability or blindness criteria which are at least as

stringent as those used under Title XVI of the Social Security Act.

“Post high school education” means colleges, universities, and post-high school level technical and

vocational schools

under Title XIX of the Social

Security Act, or disability-based state assistance benefits provided that the eligibility to

receive these benefits is based on disability or blindness criteria which are at least as

stringent as those used under Title XVI of the Social Security Act.

“Post high school education” means colleges, universities, and post-high school level technical and

vocational schools.

“Preliminary determination” means an administrative adjudicator has determined in writing and at a

hearing that the sole issue is one of federal law or regulation and that the household’s claim that the local

office improperly calculated benefits, and/or misinterpreted or misapplied such law or regulation is invalid.

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10

“Preponderance of evidence” means the legal burden of proof to show that the evidence is more likely to

be true than not. Preponderance of evidence is a lesser burden of proof than that of clear and convincing

evidence.

“Prospective budgeting” means the method of computing a household’s monthly allotment by using

current circumstances and reasonably anticipated income for the month in which the allotment will be

issued.

“Prudent Person Principle (PPP)” means a technician’s discretion to apply reasonable judgment when

determining the proper course of action in specific situations in order to make an eligibility determination.

“Public assistance (PA)” means the same as section 26-2-103(7), C.R.S.

“Quality assurance (QA)” means the division of the Colorado Department of Human Services (CDHS)

responsible for reviewing SNAP cases to determine if the proper eligibility determination was made and if

the correct allotment was issued to a household in a given month.

“QA active case” means cases where a household was certified prior to or during the sample month and

issued SNAP benefits for the sample month

ssurance (QA)” means the division of the Colorado Department of Human Services (CDHS)

responsible for reviewing SNAP cases to determine if the proper eligibility determination was made and if

the correct allotment was issued to a household in a given month.

“QA active case” means cases where a household was certified prior to or during the sample month and

issued SNAP benefits for the sample month.

“QA negative case” means cases where a household was denied certification to receive SNAP benefits in

the sample month or which had its participation in the program terminated during a certification period

effective for the sample month.

“Qualified non-citizen” means an individual who meets the specific definition of “qualified alien” as defined

by the Food and Nutrition Service, United States Department of Agriculture, in 7 C.F.R. 273.4(a)(5), (6)(1)

(2019), and is herein incorporated by reference. No later editions or amendments are incorporated. The

regulation is available at no cost at the FNS, 3101 Park Center Dr., #906, Alexandria, VA 22302, or at

https://www.ecfr.gov. This regulation is also available for public inspection and copying at the Food and

Energy Assistance Division Director, Colorado Department of Human Services, 1575 Sherman Street, 3rd

Floor, Denver, Colorado 80203. Qualified non-citizen for purposes of SNAP includes lawful permanent

residents, asylees, refugees, parolees, individuals granted withholding of deportation or removal,

conditional entrants, Cuban or Haitian entrants, battered immigrants and non-citizen victims of a severe

form of trafficking. This term is not itself an immigration status, but rather includes a collection of

immigration statuses. It is a term used solely for federal SNAP purposes. Qualified non-citizens are not

automatically eligible for assistance, but rather must meet all other eligibility requirements

nal entrants, Cuban or Haitian entrants, battered immigrants and non-citizen victims of a severe

form of trafficking. This term is not itself an immigration status, but rather includes a collection of

immigration statuses. It is a term used solely for federal SNAP purposes. Qualified non-citizens are not

automatically eligible for assistance, but rather must meet all other eligibility requirements.

“Quality control review” means a review conducted by CDHS of a statistically valid sample of active and

negative cases to determine the extent to which households are receiving snap allotments to which they

are entitled, and to determine the extent to which decisions to deny, suspend, or terminate cases are

correct.

“Quest card” means Colorado’s specific version of the EBT card.

“Questionable” means inconsistent or contradictory information, statements, documents, or case

documentation that requires verification from the household to determine eligibility.

“Recoupment” means the withholding of a portion of a household’s monthly allotment to pay back an

over-issuance.

“Repayment agreement” means the state department form sent to a household upon the establishment of

a claim that outlines the household’s responsibility and options for repayment.

“Restoration” means a payment of benefits made to a household who was eligible to receive the amount

in a past month but did not receive the payment.

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means the state department form sent to a household upon the establishment of

a claim that outlines the household’s responsibility and options for repayment.

“Restoration” means a payment of benefits made to a household who was eligible to receive the amount

in a past month but did not receive the payment.

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11

“Roomer” means an individual to whom a household furnishes lodging, but not meals, for compensation.

“Sanction” means a specified period of ineligibility imposed against an individual who failed to take a

required action as part of his or her eligibility for either SNAP or Colorado Works.

“Self-employment” means a situation where some or all income is received from a self-operated business

or enterprise in which the individual retains control over work or services offered and assumes the

necessary business risks and expenses connected with the operation of the business.

“Shelter for battered women and children” means a public or private nonprofit residential facility that

serves battered women and their children. If such a facility serves other individuals, a portion of the facility

must be set aside on a long-term basis to serve only battered women and children.

“Simplified reporting” means SNAP households are required to report mid-certification changes that

cause the household’s combined gross income to rise above one hundred thirty percent (130%) of the

federal poverty level (FPL) as defined in section 4.401.1 for the applicable household size, when a

member of the household wins substantial lottery or gambling winnings, and if an ABAWD’s

work/volunteer hours fall below twenty (20) hours per week.

“SNAP” means Supplemental Nutrition Assistance Program, formerly known as the Food Assistance

program, administered by the state department in Colorado

federal poverty level (FPL) as defined in section 4.401.1 for the applicable household size, when a

member of the household wins substantial lottery or gambling winnings, and if an ABAWD’s

work/volunteer hours fall below twenty (20) hours per week.

“SNAP” means Supplemental Nutrition Assistance Program, formerly known as the Food Assistance

program, administered by the state department in Colorado.

“SNAP fair hearings unit” means the unit within the Office of Appeals at the Colorado Department of

Human Services that may be designated by the Colorado Department of Human Services to hear SNAP

appeals, the SNAP portion of a bifurcated appeal, combined appeals, and administrative disqualification

hearings. The SNAP fair hearings unit generally operates under the supervision of the chief adjudicator of

the Office of Appeals but acts independently and in a fair and impartial manner concerning the fair

hearings process and the issuance of initial decisions.

“Sponsor” means any person(s) who executed an affidavit of support (USCIS form I-864A (March 6,

2018)) or another form deemed legally binding by the Department of Homeland Security on behalf of a

non-citizen as a condition of the non-citizen’s date of entry or admission into the United States as a

permanent resident. These forms are herein incorporated by reference. This rule does not contain any

later amendments or editions. These forms are available at no cost from https://www.uscis.gov/forms.

These forms are also available for public inspection and copying at the Colorado Department of Human

Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado,

80203, or at any state publications library during regular business hours.

“Sponsored non-citizen” means those non-citizens lawfully admitted for permanent residence into the

United States who have been sponsored by an individual for entry into the country

copying at the Colorado Department of Human

Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado,

80203, or at any state publications library during regular business hours.

“Sponsored non-citizen” means those non-citizens lawfully admitted for permanent residence into the

United States who have been sponsored by an individual for entry into the country.

“Standard Eligibility (SE)” means the set of rules applicable to households that do not fall under

“Expanded Categorical Eligibility” or “Basic Categorical Eligibility.” Households considered under

Standard Eligibility rules are subject to resource limits as a condition of eligibility.

“State department” means the office/division within the Colorado Department of Human Services that

administers SNAP. Currently, this is the Food and Energy Assistance Division within the Office of

Economic Security.

“State-level fair hearing” or “Fair hearing” means a review (hearing) requested by a client which is held

before an administrative adjudicator to establish whether an adverse action or eligibility determination

taken was correct.

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12

“Striker” or “striking member” means an individual who is involved in a strike or other concerted stoppage

of work by employees, including a stoppage by reason of the expiration of a collective bargaining

agreement and any concerted slowdown or other concerted interruption of operations by employees.

“Substantial lottery or gambling winnings” is a cash prize won in a single game, before taxes or other

amounts are withheld, that is equal to or greater than the resource limit for persons aged sixty (60) and

older and persons with disabilities.

“Supplement” means a payment of additional allowable SNAP benefits made for the current issuance

month

concerted interruption of operations by employees.

“Substantial lottery or gambling winnings” is a cash prize won in a single game, before taxes or other

amounts are withheld, that is equal to or greater than the resource limit for persons aged sixty (60) and

older and persons with disabilities.

“Supplement” means a payment of additional allowable SNAP benefits made for the current issuance

month.

“Supplemental Security Income (SSI)” means monthly cash payments made under the authority of: (1)

Title XVI of the Social Security Act, as amended, to the aged, blind and disabled; (2) Section 1616(a) of

the Social Security Act; or (3) Section 212(a) of Pub. L. 93-66.

“Systematic Alien Verification for Entitlements (SAVE)” means the system allowing for the validation of

immigration statuses of non-citizen clients through access to centralized U.S. Citizenship and Immigration

Service (USCIS) data.

“Telephone allowance” means a fixed deduction given to any household not incurring utility expenses

other than the expense for a telephone.

“Temporary Assistance for Needy Families (TANF) or Colorado Works (CW)” means the cash assistance

program also known as Title IV-a of the Social Security Act.

“Temporary emergency” means an emergency caused by any natural or human-caused disaster, other

than a major disaster declared by the President of the United States under the Disaster Relief Act of

1974, which is determined by FNS to have disrupted commercial channels of food distribution.

“Thrifty food plan” means the diet required to feed a family of four (4) persons, as defined by the FNS, as

consisting of a man and a woman twenty (20) through fifty (50) years of age, a child six (6) through eight

jor disaster declared by the President of the United States under the Disaster Relief Act of

1974, which is determined by FNS to have disrupted commercial channels of food distribution.

“Thrifty food plan” means the diet required to feed a family of four (4) persons, as defined by the FNS, as

consisting of a man and a woman twenty (20) through fifty (50) years of age, a child six (6) through eight

(8) years of age, and a child nine (9) through eleven (11) years of age, determined in accordance with the

U.S. Department of Agriculture. The cost of such a diet shall be the basis for uniform allotments for all

households regardless of their actual composition.

“Trafficking” means the same as defined in section 26-2-306, C.R.S. and 7 C.F.R. 271.2 (2019), which is

incorporated by reference. No later editions or amendments are incorporated. The regulation is available

at no cost at the FNS, 3101 Park Center Dr., #906, Alexandria, VA 22302, or at https://www.ecfr.gov. This

regulation is also available for public inspection and copying at the Food and Energy Assistance Division

Director, Colorado Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado

80203.

“Unclear information” means unverified information that is known to the agency and requires verification,

or information that is verified but the local office needs additional information to determine SNAP

eligibility.

“Under-issuance” means the difference between the allotment the household was eligible to receive and

the allotment the household received, which was lower than what the household was eligible to receive.

“Valid application” means a state-prescribed public assistance benefits form completed with name,

address, and signature.

“Vendor payments” means money payments that are not payable directly to a household but are paid to a

third party for a household expense.

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an what the household was eligible to receive.

“Valid application” means a state-prescribed public assistance benefits form completed with name,

address, and signature.

“Vendor payments” means money payments that are not payable directly to a household but are paid to a

third party for a household expense.

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13

“Verification” means confirmation of a household’s statements through written, verbal, or electronic

means

“Verified upon receipt (VUR)” means information that is provided directly from the primary source and

which is not questionable.

“Voluntary quit” means when a SNAP client voluntarily quit a job of 30 or more hours a week or reduced

work effort to less than 30 hours a week without good cause.

“Voluntary work registrant” means an individual who chooses to participate in the program and is not

mandated to participate by the state or federal regulations.

“Waiver of administrative disqualification hearing” means a waiver sent to individuals suspected of IPV

which presents the individual with the option of waiving his or her right to an administrative hearing,

accepting the appropriate disqualification without necessarily admitting the violation.

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14

4.100

SNAP INTRODUCTION

This material sets forth rules, policies, and procedures concerned with eligibility determination and

certification of persons who apply to participate in SNAP, and, if determined eligible, the requirements

concerning the use of SNAP benefits. The rules and regulations herein are promulgated in accordance

with Program regulations of the United States Department of Agriculture (USDA), 7 C.F.R. 271–274

s material sets forth rules, policies, and procedures concerned with eligibility determination and

certification of persons who apply to participate in SNAP, and, if determined eligible, the requirements

concerning the use of SNAP benefits. The rules and regulations herein are promulgated in accordance

with Program regulations of the United States Department of Agriculture (USDA), 7 C.F.R. 271–274

(2021), as amended, which are incorporated by reference, and the State Plan of Operation. No later

amendments or editions of the regulations are incorporated. Copies of the regulations are available at no

cost at the FNS, 3101 Park Center Dr., #906, Alexandria, VA 22302, or at https://www.ecfr.gov. These

regulations are also available for public inspection and copying at the Food and Energy Assistance

Division Director, Colorado Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver,

Colorado.

4.110

USE OF THE SNAP MANUAL

Below is a summary of the information contained in each section:

Section 4.000 contains SNAP specific definitions.

Section 4.100 contains general program information, confidentiality requirements, and complaint

procedures (including complaints regarding alleged discrimination).

Section 4.200 sets forth policies and procedures for the application and recertification processes.

Information contained in this section includes the process of filing an application and recertification,

interview requirements, timely processing standards, determination of certification periods, and initial

month allotment proration.

Section 4.300 outlines the non-financial criteria a household must meet to be eligible for SNAP. Non-

financial criteria include identity of clients, Social Security Number (SSN) requirement, residency,

household composition, citizenship and non-citizenship status, and work program requirements.

Section 4.400 sets forth the financial criteria a household must meet to be eligible for SNAP

roration.

Section 4.300 outlines the non-financial criteria a household must meet to be eligible for SNAP. Non-

financial criteria include identity of clients, Social Security Number (SSN) requirement, residency,

household composition, citizenship and non-citizenship status, and work program requirements.

Section 4.400 sets forth the financial criteria a household must meet to be eligible for SNAP. Financial

criteria include gross and net income standards, resource standards, and deductions from income.

Section 4.500 sets forth policies and procedures regarding the verification and documentation of a

household’s circumstances.

Section 4.600 outlines a household’s obligation to report changes during the certification period, and how

certain changes are handled by the local office.

Section 4.700 sets forth policies and procedures for issuing SNAP benefits, including restoration and

replacement of issuances.

Section 4.800 outlines the rules and processes regarding claims, appeals, and fraud.

Section 4.900 outlines state and county administrative requirements.

4.120

PURPOSE OF SNAP

The purpose of SNAP is expressed by the United States Congress in Section 2 of the Food and Nutrition

Act of 2008, Public Law No. 110-246 (codified at 7 USC 2011).

SNAP is designed to promote the general welfare and to safeguard the health and well-being of the

nation’s population by raising the levels of nutrition among low-income households.

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e United States Congress in Section 2 of the Food and Nutrition

Act of 2008, Public Law No. 110-246 (codified at 7 USC 2011).

SNAP is designed to promote the general welfare and to safeguard the health and well-being of the

nation’s population by raising the levels of nutrition among low-income households.

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Supplemental Nutrition Assistance Program (SNAP)

15

4.130

USING SNAP BENEFITS

SNAP benefits received by an eligible household may be used at any time by the household or other

persons whom the household selects to purchase eligible food for the household. SNAP benefits are

issued through an Electronic Benefit Transfer (EBT) system in which benefit allotments are stored on an

electronic benefit transfer card and used to purchase authorized items at a point-of-sale (POS) terminal.

EBT cards shall be presented only to retailers authorized by USDA/FNS to accept food benefit payment

for food purchases.

SNAP benefits must be used to pay for food currently purchased and cannot be used to pay for foods

previously or subsequently secured or to pay back bills owed the grocer. The only exceptions are that

SNAP benefits may be used to pay for food items such as milk or bakery goods that are delivered to the

home on a regular basis, or for advance payment to a non-profit cooperative food venture when food

purchased is to be delivered later.

A.

Expungement

1.

Upon approval of benefits, SNAP recipients are provided information in writing that any

SNAP benefits issued to the EBT card that are unused after nine (9) months (274 days)

will be expunged and removed from the account.

2.

Upon approval of benefits, SNAP recipients are provided information in writing that if the

EBT account goes inactive (no food purchases or returns) after nine (9) months (274

days), the inactive SNAP benefits will be considered expunged and removed from the

account.

4.130.1 WHERE HOUSEHOLDS CAN USE SNAP BENEFITS

A.

Specified persons may use their SNAP benefits to purchase meals from the following:

1

on approval of benefits, SNAP recipients are provided information in writing that if the

EBT account goes inactive (no food purchases or returns) after nine (9) months (274

days), the inactive SNAP benefits will be considered expunged and removed from the

account.

4.130.1 WHERE HOUSEHOLDS CAN USE SNAP BENEFITS

A.

Specified persons may use their SNAP benefits to purchase meals from the following:

1.

A meal delivery service approved by the USDA, Food and Nutrition Service (FNS);

2.

A communal dining facility for persons aged sixty (60) years and older and/or SSI

households;

3.

An authorized drug or alcoholic treatment and rehabilitation center;

4.

An authorized public or private, nonprofit group living arrangement facility; and

5.

A shelter for battered women and children.

B.

Households containing persons experiencing homelessness shall be permitted to use their

benefits to purchase prepared meals from an authorized public or private nonprofit provider for

persons experiencing homelessness. A meal provider for persons experiencing homelessness

means a public or private non-profit establishment, including, but not limited to, soup kitchens and

temporary shelters which feed persons experiencing homelessness. To be considered a meal

provider to persons experiencing homelessness, the meal provider must be approved as such by

the USDA, FNS.

Households containing persons experiencing homelessness may also purchase meals from

restaurants if the restaurant offers discounts to or serves food to households containing persons

experiencing homelessness at concessional (reduced) prices, and the restaurant is authorized by

the USDA, FNS as a retailer.

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Supplemental Nutrition Assistance Program (SNAP)

Households containing persons experiencing homelessness may also purchase meals from

restaurants if the restaurant offers discounts to or serves food to households containing persons

experiencing homelessness at concessional (reduced) prices, and the restaurant is authorized by

the USDA, FNS as a retailer.

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16

4.130.2 ELIGIBLE FOODS

Households can only purchase eligible foods with SNAP benefits. Eligible foods include:

A.

Any food or food product intended for human consumption, except for alcoholic beverages,

tobacco, and hot food, including hot food products prepared by the retailer and sold at above

room temperature for immediate consumption.

B.

Seeds and plants to grow foods for personal consumption by eligible household members.

4.140

CONFIDENTIALITY

A.

If there is a written request by a responsible member of the household, the current authorized

representative, or a person acting on behalf of the household to review materials contained in the

case record, the material and information contained in the case record shall be made available to

the requestor.

1.

The local office shall withhold confidential information, such as the names of persons who

have disclosed information about the household without the household’s knowledge, or

the nature or status of pending criminal investigations or prosecutions.

B.

Use or disclosure of information obtained from a SNAP household or from any State or Federal

agency included in the Income and Eligibility Verification System (IEVS), including the Internal

Revenue Service (IRS), Social Security Administration (SSA) and Colorado Department of Labor

and Employment (DOLE) exclusively for SNAP, shall be restricted to the following persons, as

described in 7 C.F.R 272.1(C)(1). Incorporated by reference in section 4.100:

1

ousehold or from any State or Federal

agency included in the Income and Eligibility Verification System (IEVS), including the Internal

Revenue Service (IRS), Social Security Administration (SSA) and Colorado Department of Labor

and Employment (DOLE) exclusively for SNAP, shall be restricted to the following persons, as

described in 7 C.F.R 272.1(C)(1). Incorporated by reference in section 4.100:

1.

Persons directly connected with the administration or enforcement of the provisions of the

Food Stamp Act or regulations, other Federal assistance programs, federally- assisted

State programs providing assistance on a means-tested basis to low-income individuals,

or general assistance programs which are subject to the joint processing requirements in

section 4.202.1.

2.

Employees of the Comptroller General's office of the United States for audit examination

authorized by any other provision of law;

3.

Local, State or Federal law enforcement officials, upon their written request, for the

purpose of investigating an alleged violation of the Food Stamp Act or regulations. The

written request shall include the identity of the individual requesting the information and

his/her authority to do so, the violation being investigated, and the identity of the person

about whom the information is requested;

Local, State, or Federal law enforcement officers acting in their official capacity, upon

written request by such law enforcement officers that includes the name of the household

member being sought, for the purpose of obtaining the address, social security number,

and, if available, photograph of the household member, if the member is fleeing to avoid

prosecution or custody for a crime, or an attempt to commit a crime, that would be

classified as a felony (or a high misdemeanor in New Jersey), or is violating a condition of

probation or parole imposed under a Federal or State law

eing sought, for the purpose of obtaining the address, social security number,

and, if available, photograph of the household member, if the member is fleeing to avoid

prosecution or custody for a crime, or an attempt to commit a crime, that would be

classified as a felony (or a high misdemeanor in New Jersey), or is violating a condition of

probation or parole imposed under a Federal or State law. The agency shall provide

information regarding a household member, upon written request of a law enforcement

officer acting in his or her official capacity that includes the name of the person being

sought, if the other household member has information necessary for the apprehension

or investigation of the other household member who is fleeing to avoid prosecution or

custody for a felony or has violated a condition of probation or parole imposed under

Federal or State law.

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17

The agency must accept any document that reasonably establishes the identity of the

household member being sought by law enforcement authorities. If a law enforcement

officer provides documentation indicating that a household member is fleeing to avoid

prosecution or custody for a felony, or has violated a condition of probation or parole, the

agency shall follow the procedures in 4.304.4 to determine whether the member's

eligibility in the SNAP program should be terminated. A determination and request for

information that does not comply with the terms and procedures in 4.304.4 is not

sufficient to terminate the member's participation. The agency shall disclose only such

information as is necessary to comply with a specific written request of a law enforcement

agency authorized by this paragraph.

4.

Persons connected with the Parent Locator Service. Information made available to the

Parent Locator Service must be restricted to the client’s most recent address and place of

employment;

5

nt to terminate the member's participation. The agency shall disclose only such

information as is necessary to comply with a specific written request of a law enforcement

agency authorized by this paragraph.

4.

Persons connected with the Parent Locator Service. Information made available to the

Parent Locator Service must be restricted to the client’s most recent address and place of

employment;

5.

Persons directly connected with the administration of the Child Support Program under

part D, title IV of the Social Security Act, in order to assist in the administration of their

program, and employees of the Secretary of Health and Human Services as necessary to

assist in establishing or verifying eligibility or benefits under Titles II and XVI of the Social

Security Act;

6.

Persons directly connected with the verification of immigration status of non-citizen SNAP

clients through the Systematic Alien Verification for Entitlements (SAVE) system, to the

extent the information is necessary to identify the individual for verification purposes;

7.

School authorities for the purpose of determining which children are from families who

participate in SNAP. This information is used to determine eligibility for meals under the

National School Lunch or Breakfast Program; and,

8.

Persons directly connected with the administration or enforcement of programs included

in the Income and Eligibility Verification System (IEVS). Information obtained through the

IEVS will be stored and processed so that no unauthorized personnel may acquire or

retrieve the information for unauthorized purposes. All persons with access to information

obtained pursuant to the IEVS requirements will be advised of the circumstances under

which access is permitted and the sanctions imposed for illegal use or disclosure of the

information.

C.

SNAP is subject to the confidentiality requirements of section 26-1-114, C.R.S. to the extent the

provisions of that section are not preempted by Federal law

ed purposes. All persons with access to information

obtained pursuant to the IEVS requirements will be advised of the circumstances under

which access is permitted and the sanctions imposed for illegal use or disclosure of the

information.

C.

SNAP is subject to the confidentiality requirements of section 26-1-114, C.R.S. to the extent the

provisions of that section are not preempted by Federal law.

4.150

RIGHT AND OPPORTUNITY TO REGISTER TO VOTE

A client for SNAP benefits shall be provided the opportunity to register to vote. The local office shall

provide to all clients the prescribed voter registration application.

The local office shall not:

A.

Seek to influence the applicant's political preference or party registration.

B.

Display any political preference or party allegiance.

C.

Make any statement to an applicant or take any action, the purpose or effect of which is to

discourage the applicant from registering to vote.

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18

D.

Make any statement to an applicant or take any action, the purpose or effect of which is to lead

the applicant to believe that a decision to register or not to register has any bearing on the

availability of services or benefits.

4.150.1 Transmittal of Voter Registration Records

A completed voter registration application shall be transmitted to the county clerk and recorder for the

county in which the local office is located not later than ten (10) calendar days after the date of

acceptance; except that, if a registration application is accepted within five (5) calendar days before the

last day for registration to vote in an election, the application shall be transmitted to the county clerk and

recorder for the county not later than five (5) calendar days after the date of acceptance

which the local office is located not later than ten (10) calendar days after the date of

acceptance; except that, if a registration application is accepted within five (5) calendar days before the

last day for registration to vote in an election, the application shall be transmitted to the county clerk and

recorder for the county not later than five (5) calendar days after the date of acceptance.

4.150.2 Confidentiality of Voter Registration Records

Records concerning voter registration and declination to register to vote shall be maintained for two years

by the local office, and these records shall not be a part of the SNAP case record and are not subject to

subpoena. The local office shall ensure the confidentiality of individuals registering or declining to register

to vote. A voter registration application completed at the local office is not to be used for any purpose

other than voter registration.

4.160

COMPLAINT REQUIREMENTS

The local office shall be required to comply with complaint-reporting procedures set forth by the State

Department. In addition, the local office shall advise any household wishing to file a complaint of the

complaint procedure and assist in filing a complaint, as appropriate.

The State Department shall ensure that information concerning the complaint system, including the

procedure for filing a complaint at the state or county level, is made available to client and any other

interested parties. Such information shall be made available to clients and other interested parties

through written materials and posters, including the relevant USDA “And Justice for All” poster. These

materials shall be prominently displayed in all certification and issuance offices.

The local office shall make every effort to resolve all complaints, excluding complaints of discrimination,

brought to their attention at the local level. All complainants shall be informed they have the right to

contact the State Department if they are not satisfied with the action taken at the local level

. These

materials shall be prominently displayed in all certification and issuance offices.

The local office shall make every effort to resolve all complaints, excluding complaints of discrimination,

brought to their attention at the local level. All complainants shall be informed they have the right to

contact the State Department if they are not satisfied with the action taken at the local level.

4.160.1 State Department and Local Office Responsibility

A.

The State Department shall maintain records of complaints received. These records shall be

obtained via submission from local offices on a frequency set forth by the State Department.

These records will be reviewed on an office-by-office basis at least annually. The local office shall

analyze complaint records for any potential or actual patterns of deficiencies and shall include

descriptions of those patterns with its submitted materials.

Complaints lodged directly with the State Department shall be triaged by the Department.

Appropriate complaints shall be referred to the relevant local office for resolution.

B.

When requested by the State Department, the local office shall be responsible to respond to any

complaint no later than the response date specified by the Department in the forwarded

complaint. “Respond to” refers not only to acknowledgement of receipt, but also the successful

completion of the resolution criteria outlined by the Department in the complaint.

C.

The State-level complaint system shall include notification to the complainant, either verbally or in

writing, of the action taken in resolving the complaint. Notification to the complainant shall be

accomplished within the following time frames:

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10 CCR 2506-1

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ion criteria outlined by the Department in the complaint.

C.

The State-level complaint system shall include notification to the complainant, either verbally or in

writing, of the action taken in resolving the complaint. Notification to the complainant shall be

accomplished within the following time frames:

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10 CCR 2506-1

Supplemental Nutrition Assistance Program (SNAP)

19

1.

Complaints involving expedited services shall be investigated and a response provided to

the complainant no later than three (3) business days following the date the complaint

was received by the State Department.

2.

All other complaints shall be investigated, and a response provided to the complainant no

later than thirty (30) calendar days following the date the complaint was received by the

State Department.

D.

If a complaint can be resolved through the fair hearing process, the State Department shall

advise the complainant of the process for requesting a fair hearing and offer the complainant

assistance to request a fair hearing. The State Department may require the local office to provide

the same offer of assistance to the complainant.

4.160.2 Non-Discrimination Complaint Requirements

State and local offices shall not discriminate against any applicant or participant in any aspect of program

administration, including, but not limited to, the certification of households, the issuance of benefits, the

conduct of fair hearings, or the conduct of any other program service for reasons of age, race, color, sex,

disability, religious creed, national origin, political beliefs, or reprisal or retaliation for prior civil rights

activity in any program or activity funded by the USDA. Discrimination in any aspect of program

administration is prohibited. Local offices shall ensure that the nondiscrimination poster provided by FNS

is prominently displayed. Posters may be obtained through the State Department

ex,

disability, religious creed, national origin, political beliefs, or reprisal or retaliation for prior civil rights

activity in any program or activity funded by the USDA. Discrimination in any aspect of program

administration is prohibited. Local offices shall ensure that the nondiscrimination poster provided by FNS

is prominently displayed. Posters may be obtained through the State Department.

The local office shall explain complaint procedures to each person expressing an interest in filing a

discrimination complaint and shall advise the individual of the right to file a complaint under this

procedure. Such information shall be made available within ten (10) calendar days from the date of

request.

4.160.21

Discrimination Complaint Procedure

A.

Individuals who believe they have been subject to discrimination may file a written complaint with

the USDA, FNS national office, the local office, and/or the State Department. All complaints of

alleged discrimination shall be made in writing and shall be submitted to the FNS national office.

If allegations of discrimination are made verbally, and if the complainant is unable or unwilling to

put the allegations in writing, the State or county employee to whom the allegation is made shall

document the complaint in writing. The person accepting the complaint shall make every effort to

secure the information specified in Subsection C, below.

B.

The complainant shall be advised that a complaint may be submitted to the State Department,

FNS or both, and that a complaint shall not be investigated unless information specified in items

C, 2, through C, 4, below, is provided. In addition, the complainant shall be advised that a

complaint must be filed no later than one hundred eighty (180) calendar days from the date of the

alleged discrimination. The local office shall date stamp or otherwise note the date the complaint

is received by the office.

1.

Complaints directed to the FNS national office shall be addressed to: U.S

items

C, 2, through C, 4, below, is provided. In addition, the complainant shall be advised that a

complaint must be filed no later than one hundred eighty (180) calendar days from the date of the

alleged discrimination. The local office shall date stamp or otherwise note the date the complaint

is received by the office.

1.

Complaints directed to the FNS national office shall be addressed to: U.S. Department of

Agriculture, Director, Office of the Assistant Secretary for Civil Rights, 1400

Independence Avenue, S.W., Washington, D.C. 20250-9410; Fax: (202) 690-7442;

Email: program.intake@usda.gov.

2.

Complaints directed to the State Department shall be addressed to: Colorado

Department of Human Services, SNAP, 1575 Sherman St., Denver, CO 80203.

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10 CCR 2506-1

Supplemental Nutrition Assistance Program (SNAP)

20

C.

The complaint shall include the following information to facilitate investigations to be considered

complete:

1.

The name, address, and telephone number or other means of contacting the person

alleging discrimination;

2.

The location and name of the office which is accused of discriminatory practices;

3.

The nature of the incident or action, or the aspect of Program administration that led the

person to allege discrimination;

4.

The reason for the alleged discrimination;

5.

The name(s) and title(s), if appropriate, of person(s) who may have knowledge of the

alleged discriminatory act; and

6.

The date(s) on which the alleged discriminatory action(s) occurred.

4.160.22

Disposition of Discrimination Complaints

When the local office receives a complaint of alleged discrimination and obtains a complete discrimination

complaint, it shall transmit a copy of the complaint to the FNS national office and/or the State Department

within five (5) working days. The State Department shall file the complaint with the FNS national office on

behalf of the complainant if the local office does not file the complaint with the FNS national office

eives a complaint of alleged discrimination and obtains a complete discrimination

complaint, it shall transmit a copy of the complaint to the FNS national office and/or the State Department

within five (5) working days. The State Department shall file the complaint with the FNS national office on

behalf of the complainant if the local office does not file the complaint with the FNS national office.

4.200

APPLICATIONS AND RECERTIFICATIONS

This section specifically discusses processing of initial applications and applications for recertification.

4.201

APPLICATION PROCESSING

A.

Local offices shall not apply additional conditions or processing requirements that are beyond

those prescribed by State SNAP rules. The application process includes the filing and completion

of an application form, being interviewed, and verifying certain information. Signs shall be posted

in certification offices that explain the application processing standards and the right to file an

application on the day of initial contact. Similar information about same-day filing shall be

included in outreach materials and on the application form.

B.

The local office shall act promptly on all applications and provide SNAP benefits retroactive to the

month of application to those households that have completed the application process and have

been determined to be eligible.

C.

Applications will be screened as they are filed, or as individuals come in to apply, to determine

eligibility for expedited service or for normal processing. Applicants entitled to expedited service

shall be informed immediately and given a same-day interview, whenever possible. Those eligible

for expedited processing shall be served in accordance with Sections 4.205.1 and 4.205.11 while

those eligible for normal processing shall be served in accordance with Section 4.205.2. Local

offices shall not conduct any pre-eligibility screening process prior to securing the date of

application.

ervice

shall be informed immediately and given a same-day interview, whenever possible. Those eligible

for expedited processing shall be served in accordance with Sections 4.205.1 and 4.205.11 while

those eligible for normal processing shall be served in accordance with Section 4.205.2. Local

offices shall not conduct any pre-eligibility screening process prior to securing the date of

application.

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10 CCR 2506-1

Supplemental Nutrition Assistance Program (SNAP)

21

D.

The household may voluntarily withdraw its application at any time prior to a determination of

eligibility. Once a determination of eligibility is made, the household may voluntarily terminate its

participation. Any reason given by the household for withdrawal or termination shall be

documented in the case file. A Notice of Action form, indicating voluntary withdrawal of

application or voluntary termination of participation, shall be sent to the household within ten (10)

calendar days of the decision, to confirm the action taken. The household shall be advised of its

right to reapply at any time after withdrawal.

E.

No household shall have its SNAP benefits denied solely based on its application to participate in

another program being denied or its benefits under another program being terminated, without a

separate determination by the local office that a household failed to satisfy a SNAP eligibility

requirement.

F.

Households denied SNAP that have an SSI application pending shall be informed on the notice of

denial of the possibility of categorical eligibility if they become SSI recipients. Residents of public

institutions who apply jointly for SSI and SNAP benefits prior to their release from the institution

shall not be eligible for SNAP until the individual has been released from the public institution.

G.

Local offices shall record in the automated system racial and ethnic data provided by an applicant

household

ossibility of categorical eligibility if they become SSI recipients. Residents of public

institutions who apply jointly for SSI and SNAP benefits prior to their release from the institution

shall not be eligible for SNAP until the individual has been released from the public institution.

G.

Local offices shall record in the automated system racial and ethnic data provided by an applicant

household. The purpose of obtaining this information is not to affect the eligibility or the level of

benefits, but rather to ensure that SNAP benefits are distributed without regard to race, color, or

national origin. Households that do not declare race and/or ethnicity information shall not be

subject to additional observation or questioning to obtain such information. Under no

circumstance should an eligibility technician challenge or change a self-declaration made by a

household member.

4.202

FILING AN APPLICATION

A.

Regardless of what type of application system is used, the local office must provide a means for

applicants to immediately begin the application process. The household shall be advised it may

file an incomplete application form if the form contains a name, address, and is signed by a

responsible household member or the household's authorized representative. Signatures include

handwritten signatures, electronic signature techniques, recorded telephonic signatures, or

documented gestured signatures. A valid handwritten signature includes a designation of an X.

Local offices shall accept applications for SNAP during normal business hours and shall not be

restricted to a certain day or time of day. The household shall be advised that it need not be

interviewed before filing an application. The local office shall inform applicants that receiving

SNAP will have no bearing on any other program's time limits that may apply to the household.

B.

Persons who request information for SNAP must be advised of expedited service provisions and

encouraged to apply so that eligibility processing can begin

The household shall be advised that it need not be

interviewed before filing an application. The local office shall inform applicants that receiving

SNAP will have no bearing on any other program's time limits that may apply to the household.

B.

Persons who request information for SNAP must be advised of expedited service provisions and

encouraged to apply so that eligibility processing can begin. County local offices shall encourage

the filing of an application form on the same day the household or its representative contacts the

local office in person or by telephone and expresses interest in obtaining SNAP, or indicates the

household is without food or the means to obtain food.

C.

Local offices shall make application forms readily accessible to applicant households, as well as

to groups and organizations, and shall also provide an application form to anyone who requests

the form. If a household contacting the local office by telephone does not wish to come to the

appropriate office to file the application that same day and instead prefers receiving an

application through the mail, the local office shall mail an application form to the household on the

same day the telephone request is received. An application shall also be mailed on the same day

a written request for SNAP is received.

Application forms shall be made available in Spanish, or other appropriate languages for use in

those counties where it has been determined in conjunction with the State local office that there

are a significant number of households without an adult member fluent in English.

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10 CCR 2506-1

Supplemental Nutrition Assistance Program (SNAP)

n request for SNAP is received.

Application forms shall be made available in Spanish, or other appropriate languages for use in

those counties where it has been determined in conjunction with the State local office that there

are a significant number of households without an adult member fluent in English.

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22

D.

The state or local office shall annotate the application form by recording the date the form was

received. All valid applications which are paper, transmitted by fax or other electronic

transmissions, are acceptable. When an application is submitted through such means outside of

business hours, the application filing date shall be recorded as the next business day.

E.

Households must file applications by submitting the forms in person, through an authorized

representative, by fax or other electronic transmission, by mail, or by completing an online

electronic application. The local office must inform the applicant that they can obtain a copy of

their application and provide the household with a copy of their completed application upon the

request of the client. A copy of a completed application can be a copy of the information provided

by the client that was used or will be used to determine a household’s eligibility and benefit

allotment. At the option of the household, this may be provided in an electronic format.

F.

Applications are valid for a period of sixty (60) calendar days or until eligibility has been

determined, whichever is sooner. Once eligibility has been determined, households must submit

a new application if the household:

1.

Failed to attend an interview in the first thirty (30) days of the application, or

2.

Was determined ineligible due to household circumstances.

G.

Local offices shall record in the automated system racial and ethnic data provided by an applicant

household

ty has been

determined, whichever is sooner. Once eligibility has been determined, households must submit

a new application if the household:

1.

Failed to attend an interview in the first thirty (30) days of the application, or

2.

Was determined ineligible due to household circumstances.

G.

Local offices shall record in the automated system racial and ethnic data provided by an applicant

household. The purpose of obtaining this information is not to affect the eligibility or the level of

benefits, but rather to ensure that SNAP benefits are distributed without regard to race, color, or

national origin. In those instances when the information is not provided voluntarily by the

household on the application form, the local office shall use alternative means of collecting the

ethnic and racial data on households, such as by observation during the interview. Under no

circumstance should an eligibility technician challenge or change a self-declaration made by a

household member.

4.202.1 Public Assistance (PA) Applications and Processing

A.

Households applying for PA shall be notified of their right to apply for SNAP at the same time and

shall be allowed to apply for SNAP at the same time they apply for PA benefits.

B.

The local office shall provide benefits using the original application and any other pertinent

information occurring after that application for any household filing a joint application for SNAP

and PA benefits. The original application and relevant subsequent information shall also be used

for households that are categorically eligible when they are determined eligible to receive PA after

being denied for SNAP. The local office shall not re-interview the household but shall use mail or

telephone contact to obtain information about any changes.

C.

Households whose PA applications are denied shall not be required to file a new SNAP

application

subsequent information shall also be used

for households that are categorically eligible when they are determined eligible to receive PA after

being denied for SNAP. The local office shall not re-interview the household but shall use mail or

telephone contact to obtain information about any changes.

C.

Households whose PA applications are denied shall not be required to file a new SNAP

application. The household shall have its SNAP eligibility determined or continued based on the

applications filed jointly for PA and SNAP purposes and any other documented information

obtained after the application that may have been used in the PA determination.

4.202.2 Application Filing by Ineligible Individuals

The ineligibility of certain individuals for SNAP benefits will not prohibit the remaining household members

from applying for and receiving SNAP. Ineligible individuals living in an applicant household shall not be

considered eligible household members for SNAP purposes; however, the ineligible individual’s income

and resources are considered in the household’s eligibility determination and benefit allotment.

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10 CCR 2506-1

Supplemental Nutrition Assistance Program (SNAP)

23

When the eligible members of a household are all unemancipated minors and the only adult is an

ineligible individual, the ineligible individual may apply on behalf of the eligible minors without being

considered as having applied for themself. However, if there is any other eligible adult in the household,

even though they would not normally be considered the head of household, that eligible person should file

an application as the head of household.

4.202.3 SSI Households Submitting SNAP Applications to the Social Security Administration

(SSA)

A.

Whenever a member of a household consisting only of SSI clients transacts business at an SSA

office, the member has a right to apply for SNAP at the SSA office or the local office

t normally be considered the head of household, that eligible person should file

an application as the head of household.

4.202.3 SSI Households Submitting SNAP Applications to the Social Security Administration

(SSA)

A.

Whenever a member of a household consisting only of SSI clients transacts business at an SSA

office, the member has a right to apply for SNAP at the SSA office or the local office. The SSA

office is not required to accept applications for SSI clients who are not members in a household

consisting entirely of SSI clients unless a county has out stationed an eligibility technician at the

SSA office. The SSA office will refer non-SSI households to the correct local office. An SSI client

shall be informed at the SSA office of the availability of SNAP benefits and the availability of the

SNAP application at the SSA office. The SSA office shall also complete joint SSI and SNAP

applications for residents of public institutions who apply for SSI prior to their release from the

institutions. The clients shall be permitted to apply for SNAP while they apply for SSI.

B.

The SSA office will accept and complete SNAP applications from SSI households and forward

them, within one working day after receipt of a signed application, to the appropriate local office.

The SSA will use the SNAP application. The application will be transmitted to the local office with

documentation of verification obtained. When an SSA office sends a SNAP application and

supporting documentation to an incorrect local office, the application and documentation shall be

sent to the correct office within one working day.

C.

The SSA office is required to prescreen all SNAP applications for entitlement to expedited service

and shall mark “expedited processing” on the first page of all applications of households that

appear to be entitled to such processing. The SSA will inform households which appear to meet

the criteria for expedited service that benefits may be issued a few days sooner if the household

applies directly at the local office

ired to prescreen all SNAP applications for entitlement to expedited service

and shall mark “expedited processing” on the first page of all applications of households that

appear to be entitled to such processing. The SSA will inform households which appear to meet

the criteria for expedited service that benefits may be issued a few days sooner if the household

applies directly at the local office. The household may take the application from the SSA office to

a local office for screening, interviewing, and processing of the application. Each local office shall

furnish the SSA office(s) serving its geographical area with a street map and/or map defining its

boundaries together with the addresses of the local offices in the project area.

D.

The local office shall prescreen all applications received from the SSA office for entitlement to

expedited service on the day the application is received at the correct local office. All households

entitled to expedited service shall be certified in accordance with Sections 4.205.1 and 4.205.11,

except that the expedited processing time standard shall begin on the date the application is

received at a local office in the correct county. To prevent duplication, the local office shall

develop and implement a method to determine if members of SSI households whose applications

are forwarded by the SSA office are currently participating in SNAP.

4.202.31

SSI Telephone Applications and Recertifications Completed by the SSA

A.

If an SSA office takes an SSI application or recertification on the telephone from a household

consisting only of SSI clients, a SNAP application shall also be completed during the telephone

interview and shall be mailed by the SSA office to the client for signature for return to the SSA

office or to the local office. The SSA office shall then forward any SNAP applications it receives to

the local office. The local office shall not require the household to be interviewed again

m a household

consisting only of SSI clients, a SNAP application shall also be completed during the telephone

interview and shall be mailed by the SSA office to the client for signature for return to the SSA

office or to the local office. The SSA office shall then forward any SNAP applications it receives to

the local office. The local office shall not require the household to be interviewed again. The local

office may contact the household further to obtain additional information for the eligibility

determination.

B.

The SSA office shall mail information of the client’s right to file a SNAP application at the SSA

office if all members or their household are SSI clients, or at their local office, and their right to an

interview to be performed by the local office.

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Supplemental Nutrition Assistance Program (SNAP)

24

C.

For households consisting entirely of SSI clients who apply for SNAP certification at an SSA

office, the application shall be considered filed for normal processing purposes when the

application is received by the SSA.

4.202.32

SSI and SNAP Joint Processing

A.

In those instances where an application has been completed at the SSA office, the local office

shall ensure that information required by Section 4.502 is verified prior to certification for

households initially applying, and households entitled to expedited certification services shall be

processed in accordance with Sections 4.205.1 and 4.205.11. In those cases where the SSI

household submits its SNAP application to the local office rather than through the SSA office, all

verification, including that pertaining to SSA program benefits, shall be provided by the

household, by State Data Exchange (SDX) or Beneficiary Data Exchange (BENDEX), or obtained

by the local office rather than being provided by the SSA.

For those cases in which SSI and SNAP are being processed simultaneously, the local office

shall question the household and/or use SDX listings to obtain information on SSI determinations

t pertaining to SSA program benefits, shall be provided by the

household, by State Data Exchange (SDX) or Beneficiary Data Exchange (BENDEX), or obtained

by the local office rather than being provided by the SSA.

For those cases in which SSI and SNAP are being processed simultaneously, the local office

shall question the household and/or use SDX listings to obtain information on SSI determinations.

If the information cannot be obtained through SDX listings and/or questioning the households, a

written inquiry may be made to the SSA office to obtain information of the status of SSI

determinations. Within ten (10) calendar days of learning of the determination of the SSI

application, the local office shall act in accordance with Section 4.604.

B.

The expedited processing time standard for clients who filed prior to the release from a public

institution will begin on the date that the individual is released from the public institution. The SSA

shall notify the local office of the date of release of the client from the institution. Benefits shall be

restored back to the date of a client’s release from a public institution if, while in the institution, the

client jointly applied for SSI and SNAP, but the local office was not notified on a timely basis of

the client’s release.

4.202.33

Out Stationing Eligibility Technicians in SSA Offices

If the local office, with the approval of the State Department, chooses to outstation eligibility technicians at

SSA offices, with SSA's concurrence, the following actions shall be completed:

A.

SSA will provide adequate space for SNAP eligibility technician in SSA offices;

B.

The local office shall have at least one out stationed technician on duty at all time periods during

which households will be referred for SNAP application processing. In most cases, this would

require the availability of an out stationed technician throughout normal SSA business hours;

C

ions shall be completed:

A.

SSA will provide adequate space for SNAP eligibility technician in SSA offices;

B.

The local office shall have at least one out stationed technician on duty at all time periods during

which households will be referred for SNAP application processing. In most cases, this would

require the availability of an out stationed technician throughout normal SSA business hours;

C.

The following households shall be entitled to file SNAP applications with, and be interviewed by,

an out stationed eligibility technician:

1.

Households containing an SSI client.

2.

Households which do not have an SSI client but which contain an applicant for or

recipient of benefits under Title II of the Social Security Act, if the county and the SSA

have an agreement to allow the processing of such households at SSA offices.

D.

Households shall be interviewed for SNAP on the day of application unless there is insufficient

time to conduct an interview. The county shall arrange for the out stationed technician to interview

clients as soon as possible;

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Supplemental Nutrition Assistance Program (SNAP)

25

E.

The out stationed eligibility technician(s) shall not refuse to provide service to a client because

they do not reside in the county or project area in which the SSA office is located, if they reside

within the jurisdiction served by the SSA office and the State. The county is not required to

process the applications of persons who are not residing within the SSA office’s jurisdiction but

who do reside within the county's jurisdiction, other than to forward the forms to the correct local

offices;

F.

The county may permit the eligibility technician out stationed at the SSA office to determine the

eligibility of households, or may require that completed applications be forwarded elsewhere for

the eligibility determination;

G

o are not residing within the SSA office’s jurisdiction but

who do reside within the county's jurisdiction, other than to forward the forms to the correct local

offices;

F.

The county may permit the eligibility technician out stationed at the SSA office to determine the

eligibility of households, or may require that completed applications be forwarded elsewhere for

the eligibility determination;

G.

Applications from households entitled to joint processing through an out stationed eligibility

technician shall be considered filed on the date they are submitted to that technician. Both the

normal and expedited service time standards shall begin on that date; and,

H.

Households not entitled to joint processing shall be entitled to obtain and submit applications at

the SSA office. The out stationed eligibility technician need not process these applications except

to forward them to correct local office where they shall be considered filed upon receipt. Both the

normal and expedited service time standards shall begin on that date.

4.203

HEAD OF HOUSEHOLD AND AUTHORIZED REPRESENTATIVES

Application for participation shall be made in the name of the household, by the head of the household,

the spouse, another household member, or an authorized representative.

4.203.1 Designating a Head of Household

A.

The local office shall allow a household to select an adult parent of children (of any age) living in

the household, or an adult who has parental control over children (under 18 years of age) living in

the household, as the head of household provided that all adult members agree to the selection.

The household may make this designation each time the household is certified for participation

but may not change the designation during a certification period unless there is a change in the

composition of the household.

B

n adult who has parental control over children (under 18 years of age) living in

the household, as the head of household provided that all adult members agree to the selection.

The household may make this designation each time the household is certified for participation

but may not change the designation during a certification period unless there is a change in the

composition of the household.

B.

The local office shall not use the head of household designation to impose special requirements

on the household, such as requiring that the head of household, rather than another responsible

member of the household, appear at the local office to apply for benefits. If the household is not

able to select its head of household, or an eligible household does not choose to select its head

of household, the local office may make a reasonable determination of the head of household

with an understanding that the head of household is usually the household member who has the

most knowledge of the household's financial circumstances. If the only adult living in the home is

not eligible for SNAP nor required to be included in the household, they can be designated as the

head of household and apply on behalf of the unemancipated minors in the home.

4.203.2 Designating Authorized Representatives

A.

The head of the household, spouse, or any other responsible household member may designate

in writing someone to act on behalf of the household to apply, obtain an EBT card, and/or use the

EBT card to purchase food for the household. In instances where a household needs an

authorized representative but is unable to obtain one, the local office will assist such a household

in finding one. The local office will assure that authorized representatives are properly

designated; that is, the name of the authorized representative and the justification for appointing a

person outside the household shall be maintained as part of the household's permanent case

record.

needs an

authorized representative but is unable to obtain one, the local office will assist such a household

in finding one. The local office will assure that authorized representatives are properly

designated; that is, the name of the authorized representative and the justification for appointing a

person outside the household shall be maintained as part of the household's permanent case

record.

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1.

Submitting an Application

The authorized representative must be a person who is sufficiently aware of relevant

household circumstances. Whenever possible, the head of the household or spouse

should prepare or review the application even though another household member or an

authorized representative is the person interviewed.

The local office shall inform the household that the household will be held liable for any

over-issuance which results from erroneous information given by the authorized

representative.

2.

Obtaining an EBT Card

An authorized representative may be designated to obtain an EBT card for the household

at the time the household applies for participation. The authorized representative

responsible for obtaining an EBT card may be the same individual designated to apply for

the household or may be another individual. Even if a household member can apply and

obtain an EBT card, the household should be encouraged to name an authorized

representative responsible for obtaining an EBT card in case of illness or other

circumstances which might result in an inability to obtain SNAP benefits.

3.

Using an EBT Card

The authorized representative may use the household’s EBT card to purchase food for

the household's consumption provided the authorized representative is acting with the full

knowledge and consent of the household.

4

horized

representative responsible for obtaining an EBT card in case of illness or other

circumstances which might result in an inability to obtain SNAP benefits.

3.

Using an EBT Card

The authorized representative may use the household’s EBT card to purchase food for

the household's consumption provided the authorized representative is acting with the full

knowledge and consent of the household.

4.

Restrictions

An authorized representative may act on behalf of more than one household and limits

shall not be placed on the number of households an authorized representative may

represent, but such an arrangement should be approved only if there is a bona fide need.

In determining such need, consideration shall be given to the proximity of the households

to one another, the distance to the certification or issuance office, the availability of

transportation, and the health of the household members involved. In the event

employers, such as those that employ migrants, are designated as authorized

representatives or that a single authorized representative has access to multiple EBT

cards, the certification office should make certain that:

a.

The household has freely requested the assistance of the authorized

representative;

b

The household's circumstances are correctly stated and the household is

receiving the correct amount of benefits; and,

c.

The authorized representative is properly using the EBT card.

B.

In the event the only adult living with a household is classified as a non-household member, that

individual may be the authorized representative for the minor household members.

4.203.21

Individuals Who Cannot Be an Authorized Representative

The following individuals cannot be an authorized representative unless otherwise stated:

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lt living with a household is classified as a non-household member, that

individual may be the authorized representative for the minor household members.

4.203.21

Individuals Who Cannot Be an Authorized Representative

The following individuals cannot be an authorized representative unless otherwise stated:

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27

A.

Local office employees who are involved in Program eligibility determination and/or issuance

processes, or the supervisors of such workers, unless the local office determines that no other

representative is available.

B.

Employees of FNS-authorized retailers and meal services that are authorized to accept SNAP

benefits, unless the local office determines that no other representative is available.

C.

An individual disqualified for IPV/fraud shall not be an authorized representative during the period

of disqualification unless the individual is the only adult in the household and the office is unable

to arrange for another authorized representative. Local offices shall determine whether these

disqualified individuals are needed to apply on behalf of the household, to obtain SNAP benefits

for the household, and to use the household's SNAP benefits to purchase food.

D.

In no event may an authorized meal provider for persons experiencing homeless act as an

authorized representative.

4.203.22

Disqualification of an Authorized Representative

An authorized or emergency authorized representative (section 4.203.3, below) may be disqualified from

representing a household in SNAP for up to one (1) year if the local office has obtained evidence that the

representative has misrepresented a household's circumstances and has knowingly provided false

information pertaining to the household or has made improper use of SNAP benefits. The local office shall

send written notification to the affected household(s) and to the representative thirty (30) calendar days

prior to the date of disqualification

ear if the local office has obtained evidence that the

representative has misrepresented a household's circumstances and has knowingly provided false

information pertaining to the household or has made improper use of SNAP benefits. The local office shall

send written notification to the affected household(s) and to the representative thirty (30) calendar days

prior to the date of disqualification. The notification shall include the proposed action, the reason for the

proposed action, the household's right to request a fair hearing, the telephone number of the office, and, if

possible, the name of the person to contact for additional information.

This provision is not applicable in the case of drug and alcohol treatment centers or to the heads of group

living arrangements that act as authorized representatives for their residents. However, drug and alcohol

treatment centers and the heads of group living arrangements that act as authorized representatives for

their residents, and that intentionally misrepresent households' circumstances, may be prosecuted under

applicable state fraud statutes for their acts.

4.203.3 Emergency Authorized Representatives

The household may designate an emergency authorized representative during the certification period

should the need arise. Such a person obtains the EBT Card for the household when neither a household

member nor the previously designated authorized representative is able to obtain the EBT Card because

of unforeseen circumstances. An emergency authorized representative must be designated in writing by

the head of the household, spouse, or other responsible household member.

Local offices shall develop a system by which a household may designate an emergency authorized

representative to obtain the household's benefits for a particular month. Households shall not be required

to travel to a local office to designate an emergency authorized representative.

4.204

Interviews

A

esignated in writing by

the head of the household, spouse, or other responsible household member.

Local offices shall develop a system by which a household may designate an emergency authorized

representative to obtain the household's benefits for a particular month. Households shall not be required

to travel to a local office to designate an emergency authorized representative.

4.204

Interviews

A.

Interview Requirements

All applicant households shall undergo a phone or face-to-face interview with a qualified eligibility

technician prior to initial certification and at least once every twelve (12) months. The State

Department recommends phone interviews as the default option with face-to-face interviews only

scheduled upon client request. If an individual does not list a working phone number on the

application, then the local office must provide a number for the client to call the local office.

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A household certified for twenty-four (24) months is not required to complete an interview at the

12-month Periodic Report Form (PRF) or at twenty-four (24) month recertification, unless the

household either requests an interview, is potentially going to be denied for SNAP (24-month

households only) or has any outstanding issues or questions about the recertification process.

The applicant may include any person(s) they choose for the interview. The individual interviewed

may be the head of the household, spouse, or any other responsible member of the household,

or an authorized representative.

A face-to-face interview may be conducted at the local office or a mutually acceptable location,

including the household's residence upon household request. If the interview is to be conducted

at the residence, it must be scheduled in advance. The interview shall be conducted as an official

and confidential discussion of household circumstances. The applicant's right to privacy shall be

protected during the interview

view may be conducted at the local office or a mutually acceptable location,

including the household's residence upon household request. If the interview is to be conducted

at the residence, it must be scheduled in advance. The interview shall be conducted as an official

and confidential discussion of household circumstances. The applicant's right to privacy shall be

protected during the interview. Facilities shall be adequate to preserve the privacy and

confidentiality of the interview.

The eligibility technician shall not simply review the information entered on the application but

shall explore and resolve with the household unclear and incomplete information. Households

shall be advised of their rights and responsibilities during the interview, including the appropriate

application processing standard and the household's responsibility to report changes. The

interviewer must advise households that are applying for other PA programs that any time limits

and other requirements for the receipt of other PA do not apply to the receipt of SNAP.

Households may still qualify for SNAP if they have reached a time limit, begun working, or lost

benefits from another PA program for another reason.

Upon determination that a person should be referred to an Employment First Unit, the local office

shall explain to the applicant the pertinent work requirements, the rights and responsibilities of

work-registered household members, and the consequences of failure to comply. The local office

shall provide a written statement of these requirements to each work registrant in the household

and to each previously exempt or new household member when that person becomes subject to

the work registration and at recertification.

B.

Scheduling Interviews

The local office must schedule an interview for all applicant households who are not interviewed

on the same day they apply to the local office. Interviews shall be scheduled for a specific date

and time and an appointment letter must be provided to the client at the address on file

ld member when that person becomes subject to

the work registration and at recertification.

B.

Scheduling Interviews

The local office must schedule an interview for all applicant households who are not interviewed

on the same day they apply to the local office. Interviews shall be scheduled for a specific date

and time and an appointment letter must be provided to the client at the address on file. All

interviews, including the date and time of the interview, shall be documented in the case record.

When scheduling interviews, the interview shall be scheduled as promptly as possible to ensure

that eligible applicant households receive an opportunity to participate within SNAP’s processing

guidelines, as outlined in Section 4.205. When the interview is scheduled, the client shall be

notified that if it a responsible member of the household or its authorized representative fails to

attend the interview, the household will be responsible for rescheduling and attending an

interview within thirty (30) days from the date of application and that failure to do so shall result in

the denial of the application.

If the local office schedules an interview with the household before the thirtieth (30th) day from

the application date and no later than the sixtieth (60th) day, the original application can be used,

and benefits are issued from the original date of application.

If the household requests an interview date after the thirtieth (30th) day, the local office will deny

the application on the thirtieth (30th) day and the household must file a new application.

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(60th) day, the original application can be used,

and benefits are issued from the original date of application.

If the household requests an interview date after the thirtieth (30th) day, the local office will deny

the application on the thirtieth (30th) day and the household must file a new application.

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C.

Missed Interviews

If the household fails to attend its scheduled interview, the local office shall mail the household a

notice of missed interview, informing the household that it missed the scheduled interview and

that the household is responsible for rescheduling the interview. If the household does not

schedule a subsequent interview for a date within thirty (30) calendar days after the application is

filed, the application shall be denied by the local office on the thirtieth (30th) day following the

date of application. The application shall not be denied before the thirtieth (30th) day.

If a household misses its first interview, the household forfeits its right to expedited service,

unless the second interview is rescheduled for a date within seven (7) days following the date of

application.

D.

Interviews for PA Households

If a household is applying for both PA and SNAP, the local office shall conduct a single interview

at initial application for both PA and SNAP purposes. The applicant household shall complete the

combined application for PA and SNAP. Following the single interview, the application may be

processed by separate workers to determine eligibility and benefit levels for SNAP and PA. A

household's eligibility for an out-of-office interview for SNAP purposes does not relieve the

household of any responsibility for a face-to-face interview for PA purposes

The applicant household shall complete the

combined application for PA and SNAP. Following the single interview, the application may be

processed by separate workers to determine eligibility and benefit levels for SNAP and PA. A

household's eligibility for an out-of-office interview for SNAP purposes does not relieve the

household of any responsibility for a face-to-face interview for PA purposes. Except for

households which may be eligible under basic categorical eligibility, the household's SNAP

eligibility and benefit level shall be based solely on SNAP eligibility criteria, and all households

shall be certified in accordance with the noticing, procedural, and timeliness requirements of the

SNAP regulations. The PA applicant household shall indicate on the single purpose application if

it does not wish to apply for SNAP.

E.

Interviews for SSI Households

Households in which all members are SSI clients and are applying and being interviewed for

SNAP by SSA, will not be required to see a SNAP eligibility technician or otherwise be subjected

to an additional certification interview. The local office shall accept SSA documentation and shall

not contact the household to obtain additional information for the eligibility determination unless

the application is improperly completed, mandatory verification required by Section 4.502 is

missing, or the local office determines that certain information on the application is questionable.

In no event shall the client be required to appear at the local office to finalize the eligibility

determination. Further contact made in accordance with this paragraph shall not constitute a

second SNAP interview.

4.205

Application Processing Standards

All newly certified households, except those that are given expedited service, shall be given an

opportunity to participate no later than thirty (30) calendar days following the date the application was

filed

l office to finalize the eligibility

determination. Further contact made in accordance with this paragraph shall not constitute a

second SNAP interview.

4.205

Application Processing Standards

All newly certified households, except those that are given expedited service, shall be given an

opportunity to participate no later than thirty (30) calendar days following the date the application was

filed. Households entitled to expedited service shall have benefits available no later than the seventh

calendar day following the date of application. For application processing purposes, day “one” (1) is the

first calendar day after the application is received by a local office in the correct county.

If the local office does not determine a household’s eligibility and provide an opportunity to participate

within thirty (30) calendar days following the date the application was filed, the office shall determine

whether the delay was caused by failure to act on the part of the household or on the part of the local

office as outlined in Sections 4.205.3 through 4.205.4.

4.205.1 Processing Standards for Expedited Service

A.

The following households are entitled to expedited service:

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1.

Migrant or seasonal farm worker households whose liquid resources do not exceed one

hundred dollars ($100) and who are destitute of income as defined in Section 4.406.

2.

Households whose liquid resources do not exceed one hundred dollars ($100) and who

reasonably expect to have less than one hundred fifty dollars ($150) of gross monthly

income in the calendar month of application.

3.

Eligible households whose combined monthly gross income and liquid resources are less

than the household's anticipated monthly rent/mortgage and utilities. The appropriate

utility standard, as defined in Section 4.407.31, shall be utilized when determining a

household’s utility costs.

B

have less than one hundred fifty dollars ($150) of gross monthly

income in the calendar month of application.

3.

Eligible households whose combined monthly gross income and liquid resources are less

than the household's anticipated monthly rent/mortgage and utilities. The appropriate

utility standard, as defined in Section 4.407.31, shall be utilized when determining a

household’s utility costs.

B.

Households eligible for expedited service shall be able to access EBT benefits no later than the

seventh (7th) calendar day following the date of application.

1.

If a household is entitled to expedited service the local office shall conduct the interview,

unless the household cannot be reached, and complete the application process within

seven (7) calendar days.

2.

Households entitled to expedited service shall complete an interview prior to any

determination of eligibility. If a household fails to complete the required interview within

seven (7) calendar days following the date the application for assistance was filed, the

household is no longer entitled to expedited benefits by the seventh (7th) day following

the date of application.

C.

Households that apply for initial benefits after the fifteenth (15th) of the month under the expedited

service procedures, which have completed the application and provided all verification within the

expedited timeframe and have been determined eligible to receive benefits for the initial month

and the subsequent month, shall receive the application month’s prorated allotment and the next

full month's allotment at the same time.

Households applying for initial benefits after the fifteenth (15th) of the month for which verification

has been postponed shall have the second month's benefits and the prorated allotment available

on the seventh (7th) calendar day. The household must provide all postponed verification before

the third month's benefits can be issued.

D

lotment and the next

full month's allotment at the same time.

Households applying for initial benefits after the fifteenth (15th) of the month for which verification

has been postponed shall have the second month's benefits and the prorated allotment available

on the seventh (7th) calendar day. The household must provide all postponed verification before

the third month's benefits can be issued.

D.

Households not initially screened as requiring expedited service, but subsequently determined to

be entitled to such service, shall be entitled to the expedited processing timeframes from the date

such a determination was made.

E.

If Program benefits are reduced, suspended, or cancelled in accordance with Section 4.904.4,

households eligible for expedited service shall receive expedited service in accordance with the

following procedures:

1.

Those households that receive expedited service in the month(s) in which reductions are

in effect and are determined to be eligible shall be issued allotments that are reduced in

accordance with the reduction in effect. These reduced allotments shall be made

available to the households within the timeframes specified in this section.

2.

Those households that receive expedited service in month(s) in which suspensions are in

effect and are determined to be eligible shall have benefits issued to them within the

timeframes specified in this section. However, if the suspension is still in effect at the time

issuance is to be made, the issuance shall be postponed until the suspension is ended.

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month(s) in which suspensions are in

effect and are determined to be eligible shall have benefits issued to them within the

timeframes specified in this section. However, if the suspension is still in effect at the time

issuance is to be made, the issuance shall be postponed until the suspension is ended.

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3.

Households eligible to receive expedited processing and who apply for Program benefits

during months in which cancellations are in effect shall receive expedited service.

However, the deadline for completing the processing of such cases shall be five (5)

calendar days or the end of the month of application, whichever date is later. All other

rules pertaining to expedited service contained in this section shall be applicable to these

cases.

4.205.11

Special Provisions for Expedite Service

A.

Households requesting, but not entitled to, expedited service shall have their applications

processed according to normal processing standards.

B.

The local office shall use the following procedures for expediting service:

1.

Prior to certification, the identity of the applicant shall be verified.

2.

Prior to certification of expedited benefits, all reasonable efforts shall be made to verify

residency, income, or lack thereof, and other factors of eligibility. However, verification

shall be postponed if it cannot be obtained in sufficient time to meet the expedited

processing standards. If verification is postponed, the household shall be certified for

expedited benefits, if determined eligible, for the month of application or, for those

households applying after the fifteenth (15th) of the month, the month of application and

the subsequent month.

a

ty. However, verification

shall be postponed if it cannot be obtained in sufficient time to meet the expedited

processing standards. If verification is postponed, the household shall be certified for

expedited benefits, if determined eligible, for the month of application or, for those

households applying after the fifteenth (15th) of the month, the month of application and

the subsequent month.

a.

Except for migrant households applying after the fifteenth (15th) of a month, when

a household is certified for expedited benefits for an initial month of application

and the subsequent month and verification is postponed, a request for

verification form shall be annotated to indicate what verification is required in

order for further benefits to be issued.

b.

When households that apply for benefits on or before the fifteenth (15th) of the

month provide the required postponed verification, the local office shall issue the

second month's benefits within five working days from receipt of the verification

or the first of the second month, whichever is later.

Households that apply after the fifteenth (15th) of the month and provide the

postponed verification shall be issued the third month's benefits within five

working days from receipt of verification, or the first of the third month, whichever

is later.

Except for migrant households needing out-of-state verification, when the

postponed verification is not completed within thirty (30) calendar days from the

date of application, the local office shall terminate the household's participation

on the thirtieth (30th) calendar day without providing a notice of adverse action.

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ant households needing out-of-state verification, when the

postponed verification is not completed within thirty (30) calendar days from the

date of application, the local office shall terminate the household's participation

on the thirtieth (30th) calendar day without providing a notice of adverse action.

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c.

Migrants shall be entitled to a postponement of out-of-state verification only once

each season. If a migrant household requesting expedited service has already

received this exception during the current season, the local office shall grant a

postponement of out-of-state verification only for the initial month's issuance and

not for the second (2nd) month's issuance. Migrant households eligible for

expedited service and applying after the fifteenth (15th) of a month which are

assigned certification periods of longer than one month shall be issued a request

for verification notifying them that they shall provide postponed verification from

sources within the state before a second month's benefits are issued and shall

provide all verification from out-of-state sources before being issued benefits for

the third month. The notice shall also advise the household that if verification

results in changes in the household's eligibility or level of benefits, such changes

shall be acted on without providing an advance notice of adverse action.

C.

There is no limit to the number of times a household can be certified under expedited procedures,

as long as prior to each expedited certification, the household either completes the verification

requirements that were postponed at the last expedited certification or the household was

certified under normal processing standards since the last expedited certification.

4.205.2 Normal Processing Standards

A.

The local office shall process applications as expeditiously as possible and provide eligible

households a written notification of their eligibility

hold either completes the verification

requirements that were postponed at the last expedited certification or the household was

certified under normal processing standards since the last expedited certification.

4.205.2 Normal Processing Standards

A.

The local office shall process applications as expeditiously as possible and provide eligible

households a written notification of their eligibility. The applicant household must receive a Notice

of Action form, which will indicate the household's period of eligibility and SNAP allotment.

Eligible households shall be provided an opportunity to obtain benefits as soon as possible, but

no later than thirty (30) calendar days following the date the application was filed. An application

shall be considered filed the day a local office in the correct county receives a valid application

containing the applicant's name, address, and signature.

B.

In cases where verification is incomplete, the local office shall provide the household with a

statement of required verification on the state-prescribed notice form and offer to assist the

household in obtaining the required verification. The office shall allow the household ten (10)

calendar days to provide the missing verifications unless the household missed the first

appointment. If the household misses the first appointment and the interview cannot otherwise be

rescheduled until after the twentieth (20th) day but before the thirtieth (30th) day following the

date the application was filed, the household must appear for the interview, bring verification, and

register members for work by the thirtieth (30th) day. A household can be found ineligible or

eligible for the month of application and for the following month based on one (1) application if

sufficient information for such determination is available. The state-prescribed Notice of Action

form shall reflect specific months of eligibility and ineligibility

for the interview, bring verification, and

register members for work by the thirtieth (30th) day. A household can be found ineligible or

eligible for the month of application and for the following month based on one (1) application if

sufficient information for such determination is available. The state-prescribed Notice of Action

form shall reflect specific months of eligibility and ineligibility.

4.205.3 Delays in Processing Beyond Thirty (30) Days

If the local office does not determine a household's eligibility and provide an opportunity to participate

within thirty (30) calendar days following the date the application was filed, the office shall determine

whether the delay was caused by failure to act on the part of the household or on the part of the local

office. The following shall be used to determine causes of delay beyond thirty (30) calendar days in the

application process:

A.

If a household has failed to complete a SNAP application form even though the local office

offered to assist the client in its completion, the household shall be at fault. If the local office failed

to assist the household, the local office is at fault. If the local office offered the household

assistance in completing the application but the household failed to cooperate or failed to

complete the application process, the local office shall document in the case record its attempt to

assist the household.

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assist the household, the local office is at fault. If the local office offered the household

assistance in completing the application but the household failed to cooperate or failed to

complete the application process, the local office shall document in the case record its attempt to

assist the household.

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B.

If a nonexempt household member failed to register for work even though the local office

informed the household of the work requirements, the household shall be at fault unless

paragraph D of this section applies. If the local office did not give the client at least ten (10)

calendar days to supply information, the local office is at fault.

C.

If requested verification is missing even though the local office offered assistance and a written

notice of needed verification was provided and the household was allowed ten (10) calendar days

to supply necessary verification, the household shall be considered at fault unless paragraph D of

this section applies. If the local office did not request necessary verification through a written

notice, or assist the client as required by these regulations, or give the client time to provide

information, then the local office is at fault.

D.

If the household failed to appear for the first (1st) interview, failed to schedule a second (2nd)

interview and/or requested to postpone the interview until after the thirtieth (30th) day following

the date of application, the delay shall be the household's fault.

E.

If the household missed both scheduled interviews and requests another interview, the delay

shall be the fault of the household.

F.

If the local office failed to notify the household to schedule a second interview or failed to

schedule a second interview within the thirty (30) calendar days following the date the application

was filed or failed to request verification or other necessary action at the interview, the local office

is at fault

rviews and requests another interview, the delay

shall be the fault of the household.

F.

If the local office failed to notify the household to schedule a second interview or failed to

schedule a second interview within the thirty (30) calendar days following the date the application

was filed or failed to request verification or other necessary action at the interview, the local office

is at fault.

4.205.31

Delays Caused by the Household

Any time the household requests a postponement which delays the thirty (30) calendar day processing, it

shall be the household’s fault.

If the household provides requested verification after the thirtieth (30th) day and on or before the sixtieth

(60th) day from the date of application, the local office shall reopen the case without requiring a new

application and benefits will be prorated from the date the requested verification is provided. Any changes

in the household situation must be considered for determining eligibility.

4.205.32

Delays Caused by the Local Office

Delays that are the fault of the local office include, but are not limited to, those cases in which the office

has failed to take any of the actions listed in Section 4.205.3. Whenever a delay in the initial thirty (30)

day period is the fault of the local office, the local office shall take immediate corrective action to complete

the application process. The local office shall not deny the application if the local office caused the delay,

but shall instead notify the household if there is any action the household must take to complete the

application process.

Benefits retroactive to the month of application and prorated for an initial month of application in

accordance with Section 4.207.2 shall be provided to the household if it is found to be eligible during the

second thirty (30) day period. If the household is found to be ineligible, the application shall be denied and

the household shall be sent a notice of action form when the eligibility determination is made.

ctive to the month of application and prorated for an initial month of application in

accordance with Section 4.207.2 shall be provided to the household if it is found to be eligible during the

second thirty (30) day period. If the household is found to be ineligible, the application shall be denied and

the household shall be sent a notice of action form when the eligibility determination is made.

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4.205.4 Delays in Processing Beyond Sixty (60) Days

A.

If the local office is at fault for not completing the application process by the end of the second

thirty (30) day period, and the case record is otherwise complete, the office shall continue to

process the original application until an eligibility determination is made. If the household is found

to be eligible, and the local office was also at fault for the delay in the initial thirty (30) days,

benefits retroactive to the month of application shall be provided to the household. However, if the

delay during the initial thirty days was the household's fault, benefits shall only be provided back

to the month following the month of application (see Section 4.207.2).

B.

If the local office is at fault for not completing the application by the end of the second thirty (30)

day period, but the case record is insufficiently complete to make an eligibility determination, the

office shall deny the case and request the household to file a new application, if desired.

C.

If the household is at fault for not completing the application process by the end of the second

thirty (30) day period, the application shall be denied and a new application required if the

household wishes to participate. The household shall not be entitled to any lost benefits even if

the delay in the initial thirty day period was the fault of the local office.

4.206

CATEGORIES OF ELIGIBILITY

A

If the household is at fault for not completing the application process by the end of the second

thirty (30) day period, the application shall be denied and a new application required if the

household wishes to participate. The household shall not be entitled to any lost benefits even if

the delay in the initial thirty day period was the fault of the local office.

4.206

CATEGORIES OF ELIGIBILITY

A.

Households applying for SNAP must be determined eligible using one of the following categories

of eligibility: Basic Categorical Eligibility (BCE), Expanded Categorical Eligibility (ECE) or

Standard Eligibility (SE).

B.

SNAP households that are applying for or receiving benefits from other PA programs in addition

to SNAP are still required to meet the resource limits and follow the reporting and verification

requirements of the other PA program(s). Requests for information and verification to determine

eligibility for other PA programs shall not affect or delay the determination of SNAP eligibility.

C.

Eligibility

1.

Basic Categorical Eligibility (BCE)

a.

BCE households are:

1)

Households in which all members receive, or are authorized to receive,

SSI, Colorado Works (CW), Old Age Pension (OAP), Aid to the Needy

Disabled (AND), Aid to the Blind (AB) or a combination of these benefits.

The CW, SSI, OAP, and/or AB program(s) need only to authorize

benefits for the household to be considered for BCE. Clients who are

authorized to receive a benefit from one or more of these programs, but

who are not paid such benefits because the grant is less than a minimum

benefit or the benefits are suspended or are being recouped, are still

considered eligible under BCE rules.

Households not receiving, or authorized to receive, TANF, Title IV-A or

SSI benefits, who are entitled to Medicaid only, shall not be considered

SSI or Title IV-A participants.

2)

A household in which at least one (1) member receives services from the

Family Preservation Program. This determination must be documented

in the case record.

eing recouped, are still

considered eligible under BCE rules.

Households not receiving, or authorized to receive, TANF, Title IV-A or

SSI benefits, who are entitled to Medicaid only, shall not be considered

SSI or Title IV-A participants.

2)

A household in which at least one (1) member receives services from the

Family Preservation Program. This determination must be documented

in the case record.

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b.

Households eligible under BCE have been deemed to have met the income and

resource requirements of the program that confers eligibility; therefore, no further

verification is required beyond that gathered by the program that confers

eligibility. However, the local office must collect and verify eligibility factors, if

these factors are not already collected and verified by the other program, are

considered questionable, or are unavailable to SNAP. This includes:

1)

Net income;

2)

Gross income;

3)

Resources;

4)

Residency;

5)

Social Security Number; and

6)

Sponsored non-citizen information.

c.

A household cannot be considered under BCE rules if, at the time of application:

1)

Any member is disqualified for a SNAP IPV.

2)

Any member has been convicted of a drug-related felony where SNAP

benefits were used to purchase drugs. Drug-related felony means the

same as in 7 C.F.R. 273.11(m), which is incorporated by reference in

section 4.100, above.

d.

Households that are ineligible for SNAP benefits under BCE rules shall have their

eligibility determined under ECE or SE rules.

2.

Expanded Categorical Eligibility (ECE)

a

Any member has been convicted of a drug-related felony where SNAP

benefits were used to purchase drugs. Drug-related felony means the

same as in 7 C.F.R. 273.11(m), which is incorporated by reference in

section 4.100, above.

d.

Households that are ineligible for SNAP benefits under BCE rules shall have their

eligibility determined under ECE or SE rules.

2.

Expanded Categorical Eligibility (ECE)

a.

ECE households are:

1)

Households with a combined gross income at or below two hundred

(200%) of the federal poverty level as defined in section 4.401.1; and

2)

Households who have been authorized to receive non-cash Temporary

Assistance to Needy Families/Maintenance of Effort (TANF/MOE) funded

service designed to further TANF Purpose Four (4) by “encouraging the

formation and maintenance of two-parent families.” Language regarding

the non-cash TANF/MOE funded program shall be provided on the

application, application for recertification, periodic report form, and/or the

statement of facts.

b.

Households eligible under ECE have been deemed to have met the income and

resource requirements of the program that confers eligibility; therefore, no further

verification is required beyond that gathered by the program that confers

eligibility. However, the agency must collect and verify eligibility factors, if these

factors are not already collected and verified by the other program, are

considered questionable, or are unavailable to SNAP. This includes:

1)

Net income;

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ion is required beyond that gathered by the program that confers

eligibility. However, the agency must collect and verify eligibility factors, if these

factors are not already collected and verified by the other program, are

considered questionable, or are unavailable to SNAP. This includes:

1)

Net income;

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36

2)

Gross income;

3)

Resources;

4)

Residency;

5)

Social Security Number; and

6)

Sponsored non-citizen information

c.

A household’s eligibility cannot be determined using ECE rules if, at the time of

application:

1)

Any member is disqualified for a SNAP IPV.

2)

Any member has been convicted of a drug-related felony where SNAP

benefits were used to purchase drugs. Drug-related felony means the

same as in 7 C.F.R. 273.11(m), which is incorporated by reference in

section 4.100, above.

d.

Households that are ineligible for SNAP benefits under ECE rules shall have their

eligibility determined under SE rules.

3.

Standard Eligibility (SE)

a.

SE rules shall only be applied to the following households:

1)

Households that include a member who is serving a disqualification for

an IPV or a fraud conviction;

2)

Households that include a member who has been convicted of a drug

related felony where SNAP benefits were used to purchase drugs. Drug-

related felony means the same as in 7 C.F.R. 273.11(m), which is

incorporated by reference in section 4.100, above;

3)

Households that do not meet the criteria to be considered under BCE or

ECE rules.

b.

Households having their eligibility reviewed under SE rules must meet the

following criteria:

1)

Households that include a member who is aged sixty (60) and older or a

person with a disability must have a combined net income, after all

applicable deductions, at or below one hundred percent (100%) of the

federal poverty level

that do not meet the criteria to be considered under BCE or

ECE rules.

b.

Households having their eligibility reviewed under SE rules must meet the

following criteria:

1)

Households that include a member who is aged sixty (60) and older or a

person with a disability must have a combined net income, after all

applicable deductions, at or below one hundred percent (100%) of the

federal poverty level. The household must have resources below the limit

prescribed in Section 4.408; or

2)

Households that do not include a member who is aged sixty (60) and

older or a person with a disability must have a combined gross income at

or below one hundred thirty percent (130%) of the federal poverty level.

After all applicable deductions, the household’s net income must be at or

below one hundred percent (100%) of the federal poverty level as

defined in section 4.401.2. The household must have resources below

the limit prescribed in Section 4.408; or

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37

3)

Households must also meet nonfinancial eligibility criteria set out in

Section 4.300.

c.

Households, as defined in Section 4.304, that are found ineligible under SE rules

shall be considered ineligible for participation in SNAP.

D.

If the circumstances which allowed the household to meet the criteria to be considered under

BCE or ECE rules change during the certification period or at the time of recertification or periodic

report, the household’s eligibility must be re-evaluated according to the appropriate category. If

there is insufficient documentation to make an eligibility determination based on the new category

of eligibility, the agency shall send the household a request for verification in accordance with

Sections 4.604, Action on Reported Changes, and 4.604.1, Verification of Reported Changes.

E.

Substantial lottery or gambling winnings from an individual will disqualify the entire SNAP

household from eligibility in the month the winnings are received

ligibility determination based on the new category

of eligibility, the agency shall send the household a request for verification in accordance with

Sections 4.604, Action on Reported Changes, and 4.604.1, Verification of Reported Changes.

E.

Substantial lottery or gambling winnings from an individual will disqualify the entire SNAP

household from eligibility in the month the winnings are received. The next time such a household

reapplies and is certified for SNAP after losing eligibility, the household must be considered under

Standard Eligibility (SE) guidelines. After receiving SNAP as a SE household, the SNAP

household will be re-evaluated for categorical eligibility at the next eligible certification period.

4.207

AUTHORIZING BENEFITS

4.207.1 Newly-Certified and Ongoing Households

A.

All households shall be placed on an issuance schedule so that they receive their benefits on or

about the same date each month. The date on which a household receives its initial allotment

after certification need not be the date that the household must receive any subsequent

allotments.

B.

All newly certified households shall be given an opportunity to participate no later than thirty (30)

calendar days following the date the application was filed. Households eligible for expedited

service shall be given an opportunity to participate no later than seven (7) calendar days following

the date the application was filed. Day one (1) is the first calendar day after the application is

received by a local office in the correct county. An opportunity to participate consists of providing

households with an active EBT card and PIN, posting benefits to the household’s EBT account,

and making benefits available for spending.

Local offices shall utilize a mailing system to mail EBT cards and PINs, if applicable, by the

twenty-eighth (28th) day to ensure that the benefits can be spent by the thirty (30) day standard.

Local offices shall, at a minimum, use first class mail to send EBT cards to households.

C

tive EBT card and PIN, posting benefits to the household’s EBT account,

and making benefits available for spending.

Local offices shall utilize a mailing system to mail EBT cards and PINs, if applicable, by the

twenty-eighth (28th) day to ensure that the benefits can be spent by the thirty (30) day standard.

Local offices shall, at a minimum, use first class mail to send EBT cards to households.

C.

Households that apply for initial month's benefits after the fifteenth (15th) day of the month, that

fulfill eligibility requirements, and are determined eligible to receive benefits for the initial month of

application and the next subsequent month, shall receive their prorated allotment for the initial

month of application and their first full month's allotment at the same time. Expedited households

applying for initial benefits after the fifteenth (15th) of the month for which verification has been

postponed shall be entitled to a combined first (1st) and second (2nd) months' benefits in the same

timeframes as above. The postponed verification shall be provided prior to the third calendar

month or the application shall be denied.

D.

An eligible household shall have an opportunity to receive its benefits prior to the end of the

period of intended use. The period of intended use is defined as the month in which benefits are

issued. For households certified after the twentieth (20th) of the month, the period of intended use

is the balance of the month for which benefits are authorized through the last day of the following

month.

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he

period of intended use. The period of intended use is defined as the month in which benefits are

issued. For households certified after the twentieth (20th) of the month, the period of intended use

is the balance of the month for which benefits are authorized through the last day of the following

month.

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4.207.2 Initial Month Allotment Prorating

A.

The household benefit level for the initial month of application shall be based on the day of the

month it applies for benefits. Benefits for the initial month shall be prorated from the date of

application to the end of the month. Applicant households consisting of residents of a public

institution who apply jointly for SSI and SNAP prior to release from an institution will have their

eligibility determined for the month in which the applicant household was released from the

institution. The benefit level for the initial month of certification shall be based on the date of the

month the household is released from the institution and the household shall receive benefits

from the date of the household's release through the end of the month. Eligible households are

entitled to a full month allotment for all months except an initial month of application.

B.

The only exception to the proration policy shall be migrant and seasonal farm worker households

who are in the job stream and the break in participation does not exceed thirty (30) days. These

households are entitled to a full month allotment.

C.

The state automated system will utilize the exact number of days in the calendar month to

determine the proration of benefits. The following formula shall be used to determine the amount

of prorated benefits:

1.

Number of days in month plus one;

2.

Subtract the date of application;

3.

Multiply by the full month's benefits the household is eligible to receive;

4.

Divide by the number of days in the application month.

4.207.3 Benefit Allotment

A

ct number of days in the calendar month to

determine the proration of benefits. The following formula shall be used to determine the amount

of prorated benefits:

1.

Number of days in month plus one;

2.

Subtract the date of application;

3.

Multiply by the full month's benefits the household is eligible to receive;

4.

Divide by the number of days in the application month.

4.207.3 Benefit Allotment

A.

After eligibility has been established, the monthly SNAP benefit allotment will be determined. The

state automated system will compute the household’s allotment. The following formula shall be

used to determine a household’s benefit allotment.

1.

Multiply the net monthly income by thirty percent (30%)

2.

Subtract the result from the maximum benefit allowed for the appropriate household size,

as shown in D below.

3.

Round the result down to the nearest dollar.

B.

If the calculation of benefits for an initial month yields an allotment of less than the federal

minimum allotment referenced in 4.207.3(D), no benefits shall be issued to the household for t

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RULE MANUAL VOLUME 4, SNAP · 10 CCR 2506-1 | Frix