16 DE Admin. Code 9000. Food Stamp Program

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Delaware Administrative Code › Title 16 Health and Safety › Department of Health and Social Services › Division of Social Services › Delaware Social Services Manual › 16 DE Admin. Code 9000

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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VERIFICATION OF DISABILITY

DISABILITY BASIS | VERIFICATION METHOD

b, c, d | Household must provide proof of benefit receipt.

f | Household must present a statement from the Veterans Administration which clearly indicates (1) that the disabled individual is receiving VA disability benefits for a service- connected disability, and (2) that the disability is rated as total or paid at the total rate.

g, h | Household must prove that the disabled individual is receiving VA disability benefits.

e, i | Use SSA's most current list of disabilities considered permanent. If it is obvious that one individual has one of the listed disabilities, the item is considered verified. If disability is not obvious, the household must provide a statement from a physician or licensed or certified psychologist certifying that the individual has one of the non-obvious disabilities listed.

j | Household must provide proof that individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare.

k | Household must provide proof of receipt of interim benefits pending receipt of SSI; or disability-related medical assistance under Title XIX of the SSA. Verify that the eligibility to receive these benefits is based upon disability or blindness criteria that are at least as stringent as those used under title XVI of the Social Security Act.

Exception: If an individual pays back erroneously issued food benefits in full, that month is not counted as an ABAWD month.

curity Act.

Exception: If an individual pays back erroneously issued food benefits in full, that month is not counted as an ABAWD month.

Exceptions: 1. If DSS has submitted a copy of a document provided by the household to INS for verification, DSS cannot delay, deny, reduce, or terminate the individual's eligibility for benefits on the basis of the individual's immigration status while pending. 2. If SSA has responded that the individual has fewer than 40 quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited, DSS will certify the individual pending the results of the investigation for up to 6 months from the date of the original determination of insufficient quarters. 3. If the applicant or DSS has submitted a request to a Federal agency for verification of information which bears on the individual's eligible status, DSS will certify the individual pending the results of the investigation for up to 6 months from the date of the original request for verification.

EXCEPTION: Do not require proof of residency in cases where verification of residency is not easily accomplished such as homeless households (as defined in DSSM 9094), migrant farm worker households, or households newly arrived in the state

NOTE: According to DSSM 9094, a homeless individual is defined as someone who resides in a temporary accommodation for not more than 90 days in the residence of another individual. "The 90-day period starts at application or when a change is reported. "The 90-day period starts over when a household moves from one residence to another. "If a homeless household leaves, for whatever reason, and returns to the same residence, the 90-day period will start over again. If a household has a break in receiving food stamps, the 90-day period will not start over if the household remains in the same residence. The 90-day period will start over if the household moved to another residence

when a household moves from one residence to another. "If a homeless household leaves, for whatever reason, and returns to the same residence, the 90-day period will start over again. If a household has a break in receiving food stamps, the 90-day period will not start over if the household remains in the same residence. The 90-day period will start over if the household moved to another residence.

Income Source | Type of Verification

Loans and gifts | Statement from lender

Sale of personal property | Receipt from sale

Exchange of services/ in-kind benefits | Statement from landlord, etc.

Gambling proceeds | Lottery tickets

Odd jobs | Note from employer

Day of Application | Last Day to Confirm in DCIS | Day Benefits Made Available

Monday | Thursday | Friday

Tuesday | Friday | Monday

Wednesday | Monday | Tuesday

Thursday | Tuesday | Wednesday

Friday | Wednesday | Thursday

AMOUNT IN EXCESS OF RESOURCE LIMIT | PERIOD OF DISQUALIFICATION

0 to $ 249.99 | 1 month

$ 250 to $ 999.99 | 3 months

$1,000 to $2,999.99 | 6 months

$3,000 to $4,999.99 | 9 months

$5,000 and over | 12 months

Exceptions: The portion of Veterans Educational Assistance designated as a living allowance for family members of the student is counted as unearned income. Income received by a student as part of an assistantship program is counted as earned income. Payments that are designated as a living stipend or for basic living expenses are counted as unearned income. If the customer works or performs a service for the living stipend, it is considered earned income.

Exception: Legally obligated child support payments made to an individual or agency outside of the household may be allowed as an exclusion even if the child for whom the support was paid is a household member. This allows an exclusion if the child moves in or out of the payer’s house, or if arrearages are being paid to an outside agency, like DCSE

e living stipend, it is considered earned income.

Exception: Do not give the earned income deduction to individuals with rental income when they do not manage the property at least twenty (20) hours a week. The rental income is considered unearned income.

NOTE: Refer to the current October Cost-of-Living Adjustment Administrative Notice for the standard utility and phone allowance amounts.

Note: The maximum limit for lottery and gambling winnings is set to the same amount as the maximum financial resource limit for elderly or disabled food benefit households.

Note: If DSS or DMMA receives information about the household’s winnings from the lottery and gambling data match in the eligibility system, the household’s food benefit case can be closed without contacting the household if the match meets the following conditions: • The household’s reported winnings are equal to or greater than the maximum limit for lottery and gambling winnings; and • The data match information is clear and complete. If the information received from the lottery and gambling data match is questionable, DSS and DMMA case workers will follow the procedures for unclear information per DSSM 9085.5. For example, the spelling of the household member’s name on the data match is different from the spelling of the name in the case file.

of the name in the case file.

Types of Self-Employment Business Sale of Goods Storefront business Examples: Gift/craft shop, restaurant, gas station, florist | Potential Deductions Cost of maintaining storefront – i.e., rent, insurance, utilities, property taxes. Payments on purchase of income producing equipment/property. Employees’ labor costs. Cost of supplies and goods sold. Advertising costs. accounting/legal fees. Licensing fees. professional/union dues. mileage/transportation necessary to produce/ continue income. | Verifications Gross non-exempt income shall be verified. | Special Considerations When business is transacted in cash, a paper trace (written verification) should be secured and presented by self-employed client. Verification that is not in writing must be fully documented. Income and costs of doing business, that have been mingled with regular household funds, must be verified to be separate and related to business. | Computation Considerations Gross Receipts’ Cost of doing business. If income represents annual income, annualize over 12 month period. If income received monthly and is annual support, annualize over 12 months if accurate reflection of earnings – otherwise use anticipated earnings. If business less than 1 year old, average income for months and project over certification period.

In-Home Business. Examples: tupperware sales, Avon sales, manufacturer’s rep., farmer, craft, sales | Prorated share of utilities, taxes, insurance and maintenance if space used exclusively for business, Payments on purchase of income producing equipment/property. Employees’ labor costs. Cost of supplies and goods sold. Advertising costs. Accounting/legal fees. Licensing fees. Professional/union dues. Mileage/transportation necessary to produce/ continue income. | When obtaining amount of non-exempt self-employment income, all business costs must be verified in order to be allowable deductions

ss, Payments on purchase of income producing equipment/property. Employees’ labor costs. Cost of supplies and goods sold. Advertising costs. Accounting/legal fees. Licensing fees. Professional/union dues. Mileage/transportation necessary to produce/ continue income. | When obtaining amount of non-exempt self-employment income, all business costs must be verified in order to be allowable deductions. Verified by: gross receipts, invoices, daily/monthly ledgers, canceled checks, bank statements, tax receipts, Schedule C of tax return, Schedule K or 1065 (for partnership). | Depreciation on property and equipment is not an allowable deduction.

Sale of Services Store-front business. Examples: Beauty shop, cleaning company, real estate/insurance. | (Same as deductions for store-front business for sale of goods). | Cost of doing business must be verified as separate from household costs.

In-Home Business. Examples: Truckers, odd jobbers, seamstress, musicians, beauticians, daycare. | (Same as deductions for store-front business for sale of goods). | For partnerships, see partnership agreement or contract to determine proportionate share. | For partnerships: Gross receipts/cost of doing business divided by proportionated share partnership liability.

Types of Self-Employment Room and Board 1. Roomer | Potential Deductions Same as in-home business | Verifications Signed statement of each roomer. Cost of doing business must be verified. | Special Considerations Cannot be siblings or parents/children living together unless elderly or disabled. | Computation Considerations

hildren living together unless elderly or disabled. | Computation Considerations

Boarder (3 or more meals per day.) B. (2 or less meals per day.) | If payment is equal to or greater than the appropriate maximum food stamp allotment for the boarder group. subtract maximum food stamp for boarder group allotment or actual documented cost of providing meals, if actual costs exceed food stamp allotment. If payment is equal to or greater than the appropriate 2/3 food stamp allotment for boarder group: subtract 2/3 maximum food stamp allotment or actual documented cost of providing meals, if actual costs exceed 2/3 of food stamp allotment. | Signed statement of each boarder stipulating amount paid and number of meals provided per day. Gross non-exemption income shall be verified. When obtaining amount of non-exempt self-employment income, all business costs must be verified in order to be allowable deductions. Verified by: Gross receipts, invoices, canceled checks, daily/monthly/ledgers, bank statements tax receipts, Schedule C of tax return, Schedule K or 1065 (if partnership). Cost of doing business must be verified as separate from household costs. | Cannot be siblings or parents/children living together. If payment is less than the appropriate maximum food stamp allotment for the board group – payment is not income. Boarder is not a boarder. He is considered a member of FS household and his whole income must be considered. If payment is less than 2/3 of the appropriate food stamp allotment for the boarder group, payment is not considered to be income; boarder is considered to be member of FS household and his whole income must be considered.

Commercial Boarding Home A commercial establishment which offers meals and lodging for compensation with intent of making a profit. | Identified costs necessary to produce and continue income. | Notes 1, 2, & 3 under "computation considerations" for businesses also could apply to commercial boarding home

e; boarder is considered to be member of FS household and his whole income must be considered.

Rental Property Resident Management owners reside in portion of rental property. | Prorated share of taxes, utility bills, maintenance, insurance costs. (Proration is based on total square foot of rented area). | Utility bills, receipts which verify separate identifiable costs. | Member of household must average 20 hours per week actively engaged in management of rental property. Otherwise consider as unearned income. | If unearned income – not eligible for earned income deduction.

Non-resident Management – Owner resides separate and apart from rental property. | All expenses other than depreciation and mileage. | Tax receipts, bank statement of mortgage interest, utility bills, receipts/canceled checks.

SELF-EMPLOYMENT INCOME Income derived from the provision of services or selling of goods when a person is not an employee of another. Common element – Tax and Social Security payments are the responsibility of the individual.

GUIDELINES The following guidelines should be used during the process of documenting and verifying gross receipts, determining allowable expense deductions, and determining the type of bookkeeping used by the client

m the provision of services or selling of goods when a person is not an employee of another. Common element – Tax and Social Security payments are the responsibility of the individual.

Questions to Ask: Are business and personal funds co-mingled? Are daily/monthly ledgers maintained documenting income and disbursements? What tax returns have or will be filed? What tax year is being used? For partnerships: Is there a Contract Structure? If business named other than owners, is business incorporated? Is there a Federal or State number? Is a separate checking account maintained for business? | What to look for: Business and income costs must be identifiable as separate from personal expenses to be allowed as deductions. If canceled checks are available, they should be examined with accompanying receipt and or invoices showing identifiable itemized costs. For income verification, check bank statements and sequentially numbered receipt/invoice records. Same as above. Obtain specific tax schedules, i.e., Schedule C, K or 1065 showing business deductions. Quarterly returns. NOTE: The 1040 line entry re: business loss/profit cannot be used as it incorporates deductible business expenses not permitted by FS regulations. Obtain copy of agreement which delineates proportionate shares of partners. Document parties involved. Obtain Corporation documents. Confirmation of parties involved who have access to tax funds. Canceled checks with accompanying receipts and/or invoices showing identifiable itemized costs.

SUMMARY OF COSTS NOT PERMITTED AS DEDUCTIONS: Personal mileage to and from place of business. State, Federal or Social Security Taxes. Depreciation. Deposits into Retirement Accounts, Personal Life & Health Insurance

n Corporation documents. Confirmation of parties involved who have access to tax funds. Canceled checks with accompanying receipts and/or invoices showing identifiable itemized costs.

DSS and Delaware's EBT contractor shall use the same EBT benefit type that corresponds with the error to adjust a household's food benefits. A different EBT benefit type from the error shall not be used to credit or debit the EBT account.

An . . . | is . . .

(1) Intentional Program violation (IPV) claim | any claim for an overpayment or trafficking resulting from an individual committing an IPV, which is when an individual breaks a FSP rule and is found guilty by a court or an administrative disqualification hearing, or signs a waiver to be disqualified to avoid prosecution.

(2) Inadvertent household error (IHE) claim | any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the household.

(3) Agency error (AE) claim | any claim for an overpayment caused by an action or failure to take action by the Division of Social Services (DSS).

(i) DHSS/DSS

must calculate a claim . . . back to at least twelve months prior to when DHSS/DSS becomes aware of the overpayment | and . . . for an IPV claim, the claim must be calculated back to the month the act of IPV first occurred | and . . . for all claims, DHSS/DSS will not include any amounts that occurred more than six years before DHSS/DSS became aware of the overpayment.

(ii) The actual steps for calculating a claim are

DHSS/DSS will. . . | unless . . . | then . . .

(1) determine the correct amount of benefits for each month that a household received an overpayment

lated back to the month the act of IPV first occurred | and . . . for all claims, DHSS/DSS will not include any amounts that occurred more than six years before DHSS/DSS became aware of the overpayment.

(ii) The actual steps for calculating a claim are

DHSS/DSS will. . . | unless . . . | then . . .

(1) determine the correct amount of benefits for each month that a household received an overpayment

(2) not apply the earned income deduction to that part of any earned income that the household failed to report in a timely manner when this act is the basis for the claim | the claim is an AE claim | DHSS/DSS will apply the earned income deduction.

(3) subtract the correct amount of benefits from the benefits actually received. The answer is the amount of the overpayment | this answer is zero or negative | DHSS/DSS will dispose of the claim referral.

(4) reduce the overpayment amount by any EBT benefits expunged from the household's EBT benefit account according to DSSM 9093. The difference is the amount of the claim | there were no expunged benefits | the amount of the overpayment calculated in #3 of this section is the amount of the claim.

DHSS/DSS

must . . . | and . . .

establish a claim before the last day of the quarter following the quarter in which the overpayment or trafficking incident was discovered | ensure that no less than 90 percent of all claim referrals are either established or disposed of according to this time frame.

DHSS/DSS will

opt not to establish any claim if . . . | unless . . . | or . . .

DHSS/DSS determines that the claim referral is $125 or less | the household is currently participating in the FSP | DHSS/DSS already established the claim or discovered the overpayment in a Quality Control review.

If . . . | Then DHSS . . . | Unless . . .

(1) the claim is found invalid | must discharge the claim and reflect the event as a balance adjustment rather than a termination | it is appropriate to pursue the overpayment as a different type of claim (e.g., as an IHE rather than an IPV claim).

n the FSP | DHSS/DSS already established the claim or discovered the overpayment in a Quality Control review.

If . . . | Then DHSS . . . | Unless . . .

(2) all adult household members have died | must terminate and write-off the claim | DHSS plans to pursue the claim against the estate.

(3) the claim balance is $25 or less and the claim has been delinquent for 90 days or more | must terminate and write-off the claim | other claims exist against this household resulting in an aggregate claim total of greater than $25.

(4) it is determined not cost effective to pursue the claim any further | must terminate and write-off the claim | FNS has not approved DHSS cost-effectiveness criteria.

(5) the claim is delinquent for three years or more | must terminate and write-off the claim | DHSS plans to continue to pursue the claim through Treasury's Offset Program.

(6) DHSS cannot locate the household | may terminate and write-off the claim

(7) a new collection method or specific event (such as a lottery win) substantially increases the likelihood of further collections | DHSS may reinstate a terminated and written-off claim | DHSS decides not to pursue this option.

DHSS must . . . | Unless . . .

(1) Automatically collect payments for any claim by reducing the amount of monthly benefits that a household receives | the claim is being collected at regular intervals at a higher amount.

(2) For an IPV claim, limit the amount reduced to the greater of $20 per month or 20 percent of the household's monthly allotment or entitlement | the household agrees to a higher amount.

(3) For an IHE or AE claim, limit the amount reduced to the greater of $10 per month or 10 percent of the household's monthly allotment | the household agrees to a higher amount.

lar intervals at a higher amount.

(2) For an IPV claim, limit the amount reduced to the greater of $20 per month or 20 percent of the household's monthly allotment or entitlement | the household agrees to a higher amount.

(3) For an IHE or AE claim, limit the amount reduced to the greater of $10 per month or 10 percent of the household's monthly allotment | the household agrees to a higher amount.

(4) Not reduce the initial allotment when the household is first certified | the household agrees to this reduction.

(5) Not use additional involuntary collection methods against individuals in a household that is already having its benefit reduced | the additional payment is voluntary, or the source of the payment is irregular and unexpected such as a State tax refund or lottery winnings offset.

DHSS may . . .

(6) Collect using allotment reduction from two separate households for the same claim. However, DHSS is not required to perform this simultaneous reduction.

(7) Continue to use any other collection method against any individual who is not a current member of the household that is undergoing allotment reduction.

(1) For collecting from active (or reactivated) EBT benefits . . .

DHSS | or . . . | and . . .

needs written permission which may be obtained in advance and done according to the written agreement requirements below | oral permission for one time reductions with DHSS sending the household a receipt of the transaction within 10 days | the retention rules do apply to this collection.

(2) For collecting from stale EBT benefits . . .

DHSS . . . | and . . . | and . . .

must mail or otherwise deliver to the household written notification that DHSS intends to apply the benefits to the outstanding claim | give the household at least 10 days to notify DHSS that it doesn't want to use these benefits to pay the claim | the retention rules apply to this collection.

y to this collection.

(2) For collecting from stale EBT benefits . . .

DHSS . . . | and . . . | and . . .

(3) For making an adjustment with expunged EBT benefits . . .

DHSS . . . | and . . . | and . . .

must adjust the amount of any claim by subtracting any amount expunged from the EBT benefit account | this can be done anytime | the retention rules do not apply to this adjustment.

If DHSS collects an . . . | then the retention rate is . . .

(1) IPV claim | 35 percent.

(2) IHE claim | 20 percent.

(3) IHE claim by reducing a person's unemployment compensation benefit | 35 percent.

(4) AE claim | Zero percent

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

9000 Food Stamp Program

9000 Statement of Purpose

[271.1(a)]

The purpose of the Food Stamp Program is to provide more nutritious diets to individuals of limited financial means. The purpose of this manual of State rules and regulations is to ensure that the provisions of the Food Stamp Act of 1977 are applied to individuals applying for or receiving benefits in Delaware. Food Stamp benefits provided to eligible households shall not be considered income or resources for any purpose under any Federal, State, or local laws.

9001 Legal Base

[271.4(a)]

These rules are adopted by the Division of Social Services pursuant to 31 Delaware Code Section 512.

9002 Penalties

[271.5(b)]

Stamp Act of 1977 are applied to individuals applying for or receiving benefits in Delaware. Food Stamp benefits provided to eligible households shall not be considered income or resources for any purpose under any Federal, State, or local laws.

9001 Legal Base

[271.4(a)]

These rules are adopted by the Division of Social Services pursuant to 31 Delaware Code Section 512.

9002 Penalties

[271.5(b)]

(a) Any unauthorized issuance, use, transfer, acquisition, alteration, possession, or presentation of Food Stamp benefits may subject any individual, partnership, corporation, or other legal entity to prosecution under sections 15 (b) and (c) of the Food Stamp Act or under any other applicable Federal, State, or local law, regulation or ordinance. Sections 15 (b) and (c) of the Food Stamp Act read as follows:

(b) Whoever knowingly uses, transfers, acquires, alters, or possesses food stamp benefits or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such food stamp benefits or authorization cards are of the value of $5,000 or more, be guilty of a felony and shall, upon conviction thereof, be fined not more than $250,000 or imprisoned for not more than twenty (20) years, or both, or if such food stamp benefits or authorization cards are of a value of more than $100, but less than $5,000, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

of a felony and shall, upon conviction thereof, be fined not more than $250,000 or imprisoned for not more than twenty (20) years, or both, or if such food stamp benefits or authorization cards are of a value of more than $100, but less than $5,000, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

(c) Whoever presents, or causes to be presented, food stamp benefits for payments or redemption of the value of $100 or more, knowing the same to have been received, transferred or used in any manner in violation of the provisions of this Act or the regulations issued pursuant to this Act shall be guilty of a felony and shall, upon conviction thereof, be fined not more than $20,000 or imprisoned for not more than five years, or both, or, if such food stamp benefits are of a value of less than $100, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

9003 Disclosure

[272.1(c)]

Use or disclosure of information obtained from Food Stamp applicant households is restricted to:

1. Persons directly connected with the administration or enforcement of the provisions of the Food Stamp Act or regulations, other Federal assistance programs or federally assisted State programs which provide assistance on a means-tested basis to low income individuals, or general assistance programs subject to the joint processing requirements in DSSM 9042 .

2. Employees of the U.S. Comptroller General's Office for audit examination authorized by any other provision of law; and

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

individuals, or general assistance programs subject to the joint processing requirements in DSSM 9042 .

2. Employees of the U.S. Comptroller General's Office for audit examination authorized by any other provision of law; and

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 must include the identity of the individual requesting the information and his authority to do so, the violation being investigated and the identity of the person on whom the information is requested.

DSS shall also make available to law enforcement officers, on official duty, the address, social security number, and a photograph (if available) of a food stamp recipient if the officer furnishes the recipient's name and informs DSS that the individual is fleeing to avoid prosecution, custody or confinement for a felony, is violating a condition of parole or probation, or has information necessary for the officer to conduct an official duty related to a felony/parole violation.

4. Persons directly connected with the administration or enforcement of the programs required to participate in the State Income and Eligibility Verification System (IEVS), to the extent that the food stamp information is useful in establishing or verifying eligibility or benefit amounts under those programs.

5. Persons directly connected with the administration of the Child Support Program (IV- D) in order to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under Title II (RSDI) and Title XVI (SSI) of the Social Security Act.

ty or benefit amounts under those programs.

6. Persons directly connected with the verification of immigration status of aliens applying for food stamp benefits, through the Systematic Alien Verification for Entitlements (SAVE) Program, to the extent the information is necessary to identify the individual for verification purposes. (Also see DSSM 2013.5 )

Recipients of information released under this section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this section. In addition, information received through the IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider. Information released to DSS pursuant to section 6103 (1) of the Internal Revenue Code of 1954 is subject to the safeguards established by the Secretary of the Treasury in section 6103 (1) of the Internal Revenue Code and implemented by the Internal Revenue Service in its publication Tax Information and Security Guidelines .

9004 Non-Discrimination Policy

[272.6(a)]

(a)]

We will 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 food stamp benefits, the conduct of fair hearings, or the conduct of any other program service for reasons of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. Discrimination in any aspect of program administration is prohibited by these regulations: the Food Stamp Act, the Age Discrimination Act of 1975 (Public Law 94- 135), the Rehabilitation Act of 1973 (Public Law 93- 112, sec. 504), and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Enforcement action may be brought under any applicable Federal Law. Title VI complaints shall be processed in accord with 7 CFR, Part 15.

11 DE Reg. 325 (09/01/07)

9005 Right to File a Complaint

[272.6(b)]

Applicants and recipients may file non-discrimination complaints with the Division. (See DSSM 1007.6 ). Complaints filed with respect to the Food Stamp Program will be reviewed and forwarded to USDA.

9006 Notice Provisions

[273.13(a)]

Before taking any action to reduce or to terminate a household's food stamp benefits within the certification period, the household must be sent advance notice which is both "timely" and "adequate".

9006.1 Timely Notice

The notice must be mailed to the household at least ten (10) days prior to the date on which the action becomes effective.

The ten-day timely notice period is also used to determine whether benefits are to continue if a request for a hearing is filed during the timely notice period. Therefore, if the ten-day timely notice period ends on a week- end or holiday, the ten-day period for filing a request will be extended to the next full work day

least ten (10) days prior to the date on which the action becomes effective.

9006.2 Adequate Notice

The notice is considered adequate when:

1) It is in writing;

2) It is a clear expression of the proposed action;

3) It explains the proposed action and the reasons for it;

4) It explains that the household has a right to request a fair hearing;

5) It gives a telephone number and the name of a person to contact for further information;

6) It notifies the household of the circumstances under which the benefits may continue;

7) It notifies the household of its liability for any overissuance received while awaiting a fair hearing if the final hearing decision is adverse to the household;

8) It notifies the household of the availability of free legal services.

9006.3 Exemptions From Notice

[273.13(b)]

Do not provide individual notices of adverse action when:

1) The State initiates a mass change (see DSSM 9086);

2) The Division determines, based on reliable information, that all members of a household

have died or that the household has moved from the project area;

3) The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the allotment would terminate;

4) The household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification and the household was so notified at the time of certification;

5) The household jointly applied for TANF/ GA/RCA and food stamp benefits and has been receiving food stamp benefits pending the approval of the TANF/GA/RCA grant and was notified at the time of certification t

nth to month within the certification period to take into account changes which were anticipated at the time of certification and the household was so notified at the time of certification;

6) A household member is disqualified for intentional Program violation in accordance with DSSM 2023, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member. The notice requirements for individuals or households affected by intentional Program violation disqualifications are explained in DSSM 2023.

7) DSS has assigned a longer certification period to a household certified on an expedited basis and for whom verification was postponed, provided the household has received written notice that the receipt of benefits beyond the month of application is contingent on its providing the postponed verification and that DSS may act on the verified information without further notice as provided in DSSM 9041.

8) DSS must change the household's benefits back to the original benefit level as required in DSSM 9085.

9) DSS is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from DHSS or has its status as an authorized representative suspended due to FNS disqualifying it as a retailer. Residents of group living arrangements applying on their own behalf are still eligible to participate.

10) Converting a household from cash repayment to benefit reduction as a result of failure to make agreed upon repayment as discussed in DSSM 7004.3.

11) The household voluntarily requests in writing or in the presence of a case worker, that its participation be terminated

fying it as a retailer. Residents of group living arrangements applying on their own behalf are still eligible to participate.

10) Converting a household from cash repayment to benefit reduction as a result of failure to make agreed upon repayment as discussed in DSSM 7004.3.

11) The household voluntarily requests in writing or in the presence of a case worker, that its participation be terminated. If the household does not provide a written request, send the household a letter confirming the voluntary withdrawal. Written information does not entail the same rights as a notice of adverse action except that the household may request a fair hearing.

12) DSS determines, based on reliable information, that the household will not be residing in the project area and, therefore, will be unable to obtain its next allotment. Inform the household of its termination no later than its next scheduled issuance date. Do not delay terminating the household's participation in order to provide advance notice.

If the following conditions are met, dispense with the timely notice requirement in DSSM 9006.2 . However, the household must be notified that its benefits will be reduced or terminated no later than the date the household receives, or would have received its allotment:

a) The household reports the information which results in the reduction or termination.

b) The reported information is in writing. Information reported on a TANF monthly report form will satisfy this requirement.

c) Based solely upon the household's written information, DSS can determine the household's allotment or ineligibility.

d) The household retains its right to a fair hearing.

e) The household retains its right to continued benefits by requesting a fair hearing within the time period provided by the notice of adverse action.

f) The Division continues the household's previous benefit level, if required, within five working days of the household's request for a fair hearing.

11 DE Reg

hold's allotment or ineligibility.

d) The household retains its right to a fair hearing.

e) The household retains its right to continued benefits by requesting a fair hearing within the time period provided by the notice of adverse action.

f) The Division continues the household's previous benefit level, if required, within five working days of the household's request for a fair hearing.

11 DE Reg. 795 (12/01/07)

9007 Citizenship and Alien Status

9007.1 Citizenship and Alien Status

[7 CFR 273.4]

The following residents of the United States (U.S.) are eligible to participate in the Food Stamp Program based on their citizenship or alien status:

A. U.S. Citizens

1. Persons born in the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands.

2. Children born outside the U.S. are citizens if they meet one of the following conditions:

a. Both parents are citizens of the U.S. and one parent has had a residence in the U.S., or one of its outlying possessions, prior to the birth of the child; or

b. One parent is a citizen of the U.S. who has been physically present in the U. S., or one of its outlying possessions, for a continuous period of one year prior to the birth of the child, and the other parent is a national, but not a citizen of the U.S.; or

c. One parent is a citizen of the U.S. who has been physically present in the U. S., or one of its outlying possessions, for a continuous period of one year at any time prior to the birth of the child.

3. Naturalized citizens or a U.S. non-citizen national (person born in an outlaying possession of the U. S., American Samoa or Swains Island, or whose parents are U.S. non-citizen nationals);

4. Individuals who are:

a. An American Indian born in Canada who possesses at least 50 per centum of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act (INA) apply; or

ns or a U.S. non-citizen national (person born in an outlaying possession of the U. S., American Samoa or Swains Island, or whose parents are U.S. non-citizen nationals);

4. Individuals who are:

b. A member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians;

c. Lawfully residing in the U.S. and was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975;

d. The spouse or surviving spouse of such Hmong or Highland Laotian who is deceased, or

e. An unmarried dependent child of such Hmong or Highland Laotian who is:

under the age of 22;

an unmarried child under the age of 18, or if a full-time student under the age of 22, of a deceased Hmong or Highland Laotian provided that the child was dependent upon him or her at the time of his or her death; or

an unmarried disabled child age 18 or older if the child was disabled and dependent prior to the child’s 18 th birthday.

B. An individual who is BOTH a qualified alien and an eligible alien as follows:

1. A qualified alien is:

a. An alien lawfully admitted for permanent residence (Immigration and Nationality Act [INA]);

b. An alien who is granted asylum to the U.S. (section 208 of INA);

c. A refugee who is admitted to the U.S. (section 207 of the INA);

d. An alien who is paroled into the U.S. for a period of at least one year (section 212[d][5] of the INA);

e. An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);

nt residence (Immigration and Nationality Act [INA]);

b. An alien who is granted asylum to the U.S. (section 208 of INA);

c. A refugee who is admitted to the U.S. (section 207 of the INA);

d. An alien who is paroled into the U.S. for a period of at least one year (section 212[d][5] of the INA);

e. An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);

f. An alien who is granted conditional entry (section 203[a][7])

g. An alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent’s family residing in the same household as the alien at the time of the abuse; or

h. An alien who is a Cuban or Haitian entrant (section 501[e] of the Refugee Education Assistance Act of 1980).

2. An eligible alien is:

a. An alien lawfully admitted for permanent residence who has 40 quarters of work as determined under Title II of the Social Security Act, including qualifying quarters of work not covered by Title II of the Social Security Act, based on the sum of:

quarters the alien worked;

quarters credited from the work of a parent of the alien before the alien became 18 (including quarters worked before the alien was born or adopted); and

quarters credited from the work of a spouse of an alien during their marriage if they are still married or the spouse is deceased.

(i) A spouse cannot get credit for quarters of coverage of a spouse when the couple divorces before a determination of eligibility is made.

If a determination of eligibility has been made based on the quarters of coverage of a spouse, and the couple later divorces, the alien eligibility continues until the next recertification.

At that time, eligibility is determined without crediting the alien with the former spouse quarters of coverage.

s of coverage of a spouse when the couple divorces before a determination of eligibility is made.

If a determination of eligibility has been made based on the quarters of coverage of a spouse, and the couple later divorces, the alien eligibility continues until the next recertification.

At that time, eligibility is determined without crediting the alien with the former spouse quarters of coverage.

(ii) Beginning January 1, 1997, any quarter in which the alien received any Federal means-tested benefits does not count as a qualifying quarter. A parent or spouse quarter is not creditable if the parent or spouse received any Federal means-tested benefits or actually received food stamps in that quarter. If an alien earns the 40 th quarter of coverage before applying for food stamps or any other Federal means-tested benefit in that same quarter, all that quarter counts toward the 40 qualifying quarters total.

b. Lawfully living in the U.S. for five (5) years as a qualified alien beginning on the date of entry.

c. A refugee who is admitted to the U.S. (section 207 of the INA);

d. An alien who is granted asylum to the U.S. (section 208 of INA);

e. An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);

f. An alien who is a Cuban or Haitian entrant (section 501[e] of the Refugee Education Assistance Act of 1980);

g. An Amerasian who is admitted to the U.S. (section 584 of P.L. 100-202, amended by P.L. 100-461);

h. An alien with one of the following military connections:

.S. (section 208 of INA);

e. An alien whose deportation/removal is being withheld (sections 207[a][7] and 241[b][3] of the INA);

f. An alien who is a Cuban or Haitian entrant (section 501[e] of the Refugee Education Assistance Act of 1980);

g. An Amerasian who is admitted to the U.S. (section 584 of P.L. 100-202, amended by P.L. 100-461);

h. An alien with one of the following military connections:

(i) A veteran who was honorably discharged for reasons other than alien status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service.

A veteran includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts, as described in 38 U.S.C. 107;

(ii) An individual on active duty in the Armed Forces of the U.S. other than for training; or

(iii) The spouse and unmarried dependent children (legally adopted or biological) of a person described above in (i) through (iii), including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. An unmarried child for the purposes of this section is: a child who is under the age of 18 or, if a full-time student, under the age of 22; such unmarried dependent child of a deceased veteran was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child’s 18 th birthday.

i. Lawfully in U.S. and is receiving disability or blind payments (as listed under DSSM 9013.1);

j. Lawfully in U.S. and 65 or older on 8/22/96 (born on or before 8/22/31)

k. Lawfully in U.S

ran was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child’s 18 th birthday.

i. Lawfully in U.S. and is receiving disability or blind payments (as listed under DSSM 9013.1);

j. Lawfully in U.S. and 65 or older on 8/22/96 (born on or before 8/22/31)

k. Lawfully in U.S. and is now under 18 years of age (when child turns 18, the child must meet another eligibility criteria like 40 quarters or the five-year residency rule to continue to get food stamps);

l. Lawfully in U.S. in a qualified status for five years;

m. Immigrants who are victims of severe trafficking in persons per Public Law 106-386 Trafficking Victims Protection Act of 2000. Severe forms of trafficking in persons is defined as sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Victims of trafficking are issued T visas by U.S. Immigration and Citizenship Services.

The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 expanded eligibility to include the minor children, spouses, and in some cases the parents and siblings of victims of severe trafficking. Under TVPRA, eligible relatives of trafficking victims are entitled to visas designated as T-2, T-3, T-4 or T-5 (known as Derivative T Visas) and are eligible for food stamps like the direct victims of severe trafficking.

If an alien is awarded a T visa and was under the age of 21 years on the date the T visa application was filed, the Derivative T Visas are available to the alien's spouse, children, unmarried siblings under 18 years of age, and parents

e entitled to visas designated as T-2, T-3, T-4 or T-5 (known as Derivative T Visas) and are eligible for food stamps like the direct victims of severe trafficking.

If an alien is awarded a T visa and was age of 21 years or older on the date the T Visa application was filed, the Derivative T Visas are available to the alien's spouse and children.

Adult victims of severe trafficking will be certified by the U.S. Department of Health and Human Services (HHS) and will receive a certification letter. Children, those under 18 years of age, who are victims of severe trafficking do not need to be certified but will receive a letter stating that the child is a victim of a severe form of trafficking. These victims of trafficking, and eligible relatives awarded a Derivative T Visa, are treated like refugees for food stamp purposes. Victims of trafficking do not have to hold a certain immigration status, but they need to be certified by HHS in order to receive food stamps.

When a direct victim of a severe form of trafficking applies for benefits, DSS will follow normal procedures for refugees except DSS will:

Accept the original certification letter or letter for children in place of INS documentation. Victims of severe forms of trafficking are not required to provide any documentation regarding immigrant status. (DO NOT CALL SAVE.)

Call the trafficking verification line at (202) 401-5510 to confirm the validity of the certification letter or similar letter for children and to notify the Office of Refugee Resettlement (ORR) of the benefits for which the individual has applied.

Note the "entry date" for refugee benefit purposes. The individual "entry date" for refugee benefits purposes is the certification date, which appears in the body of the certification letter or letter for children

nfirm the validity of the certification letter or similar letter for children and to notify the Office of Refugee Resettlement (ORR) of the benefits for which the individual has applied.

Issue benefits to the same extent as a refugee, provided the victim of a severe form of trafficking meets other program eligibility criteria like income limits.

Re-certification letters will used to confirm that the individual continues to meet the certification requirements. These letters will have the same "entry date" as the original certification letters. The regular recertification periods will apply to these individuals in the same manner that they apply to refugees.

When an eligible relative of a direct victim of severe trafficking applies for benefits:

Accept the nonimmigrant T-2, T-3, T-4 or T-5 Derivative Visa and follow the normal procedures for providing services and benefits to refugees.

Call the toll-free trafficking verification line at 1 (866) 402-5510 to notify ORR of the benefits for which the individual has applied. (NOTE: the DHS Systematic Alien Verification for Entitlements (SAVE) system does not contain information about victims of a severe form of trafficking or nonimmigrant alien family members. DO NOT CONTACT SAVE concerning victims of trafficking or their nonimmigrant alien family members.)

Issue benefits to the same extent as a refugee provided the Derivative T Visa holder meets other program eligibility criteria like income.

For an individual who is already present in the United States on the date the Derivative T Visa is issued, the date of entry for food stamp purposes is the Notice Date on the I-797, Notice of Action of Approval of that individual Derivative T Visa

ily members.)

Issue benefits to the same extent as a refugee provided the Derivative T Visa holder meets other program eligibility criteria like income.

For an individual who enters the United States on the basis of a Derivative T Visa, the date of entry for food stamp purposes is the date of entry stamped on that individual passport or I-94 Arrival Record.

8 DE Reg. 1712 (06/01/05)

10 DE Reg. 1702 (05/01/07)

12 DE Reg. 455 (10/01/08)

9007.2 Income and Resources

The income and resources of an ineligible alien will be handled as outlined in DSSM 9076.

9007.3 Reporting Illegal Aliens

DSS Policy and Program Development (PPDU) Unit will inform the local INS office whenever eligibility personnel knows for sure that any member of a household is ineligible to receive food stamps because the member is present in the United States in violation of the Immigration and Nationality Act.

Caution must be exercised to ensure that the determination is not made merely on the alien's inability or unwillingness to provide documentation of alien status. When a person indicates inability or unwillingness to provide documentation of alien status, staff shall not continue efforts to obtain the documentation. That person shall be classified as an ineligible alien. Staff will obtain only the documents necessary to provide information on the income and resources of the ineligible alien to be made available to the remaining members of the household.

This regulation does not permit the reporting of aliens to INS on mere suspicion of prejudice. Firm evidence that a household is illegally in the U.S. would be required. Two examples of circumstances when an alien would be reported to INS are:

INS documents presented by the household during the application process are determined to be forged

ade available to the remaining members of the household.

INS documents presented by the household during the application process are determined to be forged.

A former order of deportation is presented by the household during the application or recertification process.

If a determination is made that a household, or household member, is in fact an illegal alien present in the United States in violation of the immigration laws, staff will report the determination to the supervisor. The supervisor will send a written report to the Food Stamp Policy Administrator who will decide whether the evidence is enough to make a report to INS.

10 DE Reg. 1702 (05/01/07)

9008 Residency

[7 CFR 273.3]

Individuals must live in Delaware to get food benefits from this state.

Filing Applications in Local Offices

Individuals will file applications for benefits at local offices based on zip codes. However, any office will accept an application and consider it filed the same day.

No Duplication of Benefits

An individual cannot participate as a member of more than one household in any month. There is an exception for individuals who are residents of shelters for battered women and children. Refer to DSSM 9080 for the rules for residents of shelters for battered women and children.

No Durational Requirements

There is no requirement for an individual to live in Delaware for any specific length of time. A fixed residence is not required. Residency rules do not require intent to reside permanently in Delaware. Migrant campsites meet the residency requirements.

Non-Residents

Individuals vacationing in Delaware are not considered as residents of this state.

Moving Within the State

When a household moves within the state, DSS will transfer the household's case file to the new office

c length of time. A fixed residence is not required. Residency rules do not require intent to reside permanently in Delaware. Migrant campsites meet the residency requirements.

Non-Residents

Individuals vacationing in Delaware are not considered as residents of this state.

Moving Within the State

When a household moves within the state, DSS will transfer the household's case file to the new office. The household's certification period continues without having to reapply. The current office will act on changes in household circumstances resulting from the move before transferring the case file to the new office.

Temporary Absences Out of State

Households that temporarily leave the state, maintain their Delaware residency and intend to return can continue to receive benefits. This includes, but is not limited to, households on vacation or taking care of a sick family member in another state. This does not include households that leave for military deployment or hospitalizations that will exceed 30 days.

Homeless Households

Homeless individual means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

·A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);

·A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized (applied to individuals released from institutions who still need supervision, not prisoners considered to be detained under a Federal or State law while in a halfway house);

·A temporary accommodation in the residence of another individual if the accommodation is for no more than 90 days.

·The 90-day period starts at application or when the household reports a change.

·The 90-day period starts over when a household moves from one residence to another.

·If a homeless household leaves, for whatever reason, and returns to the same residence, the 90-day period will start over again

ry accommodation in the residence of another individual if the accommodation is for no more than 90 days.

·The 90-day period starts at application or when the household reports a change.

·The 90-day period starts over when a household moves from one residence to another.

·If a homeless household leaves, for whatever reason, and returns to the same residence, the 90-day period will start over again.

·If a household has a break in receiving food benefits, the 90-day period will not start over if the household remains in the same residence. The 90-day period will start over if the household moved to another residence.

12 DE Reg. 1326 (04/01/09)

9009 Disqualification for Intentional Program Violation

[273.16]

(See 2023 Disqualification for Intentional Program Violation for Food Stamps and TANF)

9010 Students

[273.5]

Any Student who is enrolled at least half-time in an institution of higher education shall be ineligible to participate in the Food Stamp Program unless the individual qualified for one of the exemptions listed in DSSM 9010.1.

A student is considered to be enrolled in an institution of higher education if the student is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

9010.1 Student Exemptions

To be eligible for food stamps, a student defined in DSSM 9010 must meet at least one of the following criteria

ly requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

9010.1 Student Exemptions

To be eligible for food stamps, a student defined in DSSM 9010 must meet at least one of the following criteria.

1) Be age 17 or younger or age 50 or older;

2) Be physically or mentally unfit;

3) Receive TANF;

4) Be enrolled as a result of participation in Employment and Training;

5) Be employed for a minimum of 20 hours per week and be paid for such employment or, if self-employed, be employed for a minimum of 20 hours per week and receiving weekly earnings at least equal to the Federal minimum wage multiplied by 20 hours;

6) Be participating in a State or federally funded work study program during the regular school year, with the following conditions:

a) The student must be approved for work study at the time of application for food stamps, the work study must be approved for the school term, and the student must anticipate actually working during that time.

The exemption begins with the month in which the school term begins or the month the work study is approved, whichever is later.

The exemption continues until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.

b) The exemption shall not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break

which the school term begins or the month the work study is approved, whichever is later.

The exemption continues until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.

b) The exemption shall not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break.

7) Be participating on an on-the-job training program which is only during the period of time the person is being trained by the employer;

8) Be responsible for the care of a dependent household member under the age of 6;

9) Be responsible for the care of a dependent household member who has reached the age of 6 but is under age 12 when it is determined that adequate child care is not available to enable the student to attend class and comply with the work requirements listed in #5 and #6.

10) Be a single parent enrolled in an institution of higher education on a full-time basis (as determined by the institution) and be responsible for the care of a dependent child under age 12.

This applies only where only one natural, adoptive or stepparent (regardless of marital status) is in the same food stamp household as the child.

If no natural, adoptive or stepparent is in the food stamp household as the child, another full-time student in the same food stamp household may qualify for eligible student status if he or she has parent control over the child and is not living with his or her spouse.

11) Be assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the following programs:

a) A program under the Workforce Investment Act (WIA);

b) The Food Stamp Employment and Training program;

c) A program under Section 236 of the Trade Act of 1974;

d) A State or local government employment and training program for low-income households where one or more components of the program are equivalent to the food stamp employment and training program, determined by DSS

following programs:

a) A program under the Workforce Investment Act (WIA);

b) The Food Stamp Employment and Training program;

c) A program under Section 236 of the Trade Act of 1974;

Self-initiated placements during the period of time the person is enrolled in one of these employment and training programs shall be considered to be in compliance with the requirements of the employment and training program in which the person is enrolled provided that the program has a component for enrollment in an institution of higher education and that program accepts the placement.

Persons who voluntarily participate in one of these employment and training programs and are placed in an institution of higher education through or in compliance with the requirements of the program shall also qualify for the exemption.

Ineligible students (i.e., those not meeting the requirements for student participation in this section) are non-household members per DSSM 9013.2 and cannot participate regardless of with whom they live.

The enrollment status of a student begins on the first day of the school term of the institution of higher education. The enrollment shall be considered to continue through normal periods of class attendance, vacation and recesses, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term, excluding summer school.

The income and resources of an ineligible student shall be handled according to DSSM 9077.1

f the institution of higher education. The enrollment shall be considered to continue through normal periods of class attendance, vacation and recesses, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term, excluding summer school.

The income and resources of an ineligible student shall be handled according to DSSM 9077.1.

9011 Restoration of Lost Benefits

9011.1 Entitlement

Restore to households benefits which were lost whenever the loss was caused by an error by the Division or by an administrative disqualification for intentional Program violation which was subsequently reversed as specified in DSSM 9011.5, or if there is a statement elsewhere in the regulations specifically stating that the household is entitled to restoration of lost benefits. Benefits will be restored for not more than twelve months prior to whichever of the following occurred first:

1. The date DSS receives a request for restoration from a household; or

2. The date DSS is notified or otherwise discovers that a loss to a household has occurred.

Restore to households benefits which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits will be restored for a period of not more than twelve months from the date the court action was initiated.

When the judicial action is a review of an action taken by the Division, the benefits will be restored for a period of not more than twelve months from the first of the following dates:

1. The date DSS receives a request for restoration;

2. If no request for restoration is received, the date the fair hearing action was initiated, but

3. Never more than one year from when DSS is notified of, or discovers, the loss

l action is a review of an action taken by the Division, the benefits will be restored for a period of not more than twelve months from the first of the following dates:

1. The date DSS receives a request for restoration;

2. If no request for restoration is received, the date the fair hearing action was initiated, but

3. Never more than one year from when DSS is notified of, or discovers, the loss.

9011.2 Errors Discovered by the Division

If the Division determines that a loss of benefits has occurred, and the household is entitled to restoration of those benefits, automatically take action to restore any benefits that were lost. No action by the household is necessary. However, benefits will not be restored if they were lost more than 12 months before the loss was discovered by the Division or were lost more than 12 months before the Division was notified in writing or orally of a possible loss to a specific household. Notify the household of its entitlement, the amount of benefits to be restored, any offsetting that was done, the method of restoration, and the right to appeal through the fair hearing process if the household disagrees with any aspect of the proposed lost benefit restoration.

9011.3 Disputed Benefits

If the Division determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the Division or any other action taken by the Division to restore lost benefits, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household will receive the lost benefits as determined by the agency pending the results of the fair hearing. If the fair hearing decision is favorable to the household, restore the lost benefits in accordance with that decision

g within 90 days of the date the household is notified of its entitlement. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household will receive the lost benefits as determined by the agency pending the results of the fair hearing. If the fair hearing decision is favorable to the household, restore the lost benefits in accordance with that decision.

If a household believes it is entitled to restoration of lost benefits but the Division after reviewing the case file does not agree, the household has 90 days from the date of the Division determination to request a fair hearing. Restore benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the Division was initially informed of the household's possible entitlement to lost benefits will not be restored.

9011.4 Computing the Amount to be Restored

After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the twelve month time limit, calculate the amount to be restored as follows:

1. If the household was eligible but received an incorrect allotment, the loss of benefits will be calculated only for those months the household participated. If the loss was caused by an incorrect delay, denial, or termination of benefits, calculate the months affected by the loss as follows:

a. If an eligible household's application was erroneously denied, calculate the loss beginning with the month of application. For an eligible household filing a timely re-application, calculate the loss beginning with the month following the expiration of its certification period.

b. If an eligible household's application is delayed, calculate the months for which benefits may have been lost in accordance with the procedures in DSSM 9040.

s erroneously denied, calculate the loss beginning with the month of application. For an eligible household filing a timely re-application, calculate the loss beginning with the month following the expiration of its certification period.

b. If an eligible household's application is delayed, calculate the months for which benefits may have been lost in accordance with the procedures in DSSM 9040.

c. If a household's benefits were erroneously terminated, the month the loss initially occurred will be the first month in which benefits were not received as a result of the erroneous action.

d. After computing the date the loss initially occurred, calculate the loss for each month subsequent to that date until either the first month the error is corrected or the first month the household is found ineligible.

2. For each month affected by the loss, determine if the household was actually eligible. In cases where there is no information in the household's case file to document that the household was actually eligible, advise the household of what information must be provided to determine eligibility for these months. For each month the household cannot provide the necessary information to demonstrate its eligibility, the household will be considered ineligible.

3. For the months the household was eligible, calculate the allotment it should have received. If the household received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotments equals the amount to be restored.

4. If a claim against a household is unpaid or held in suspense as provided in DSSM 7005, the amount to be restored will be offset against the amount due on the claim before the balance, if any, is restored to the household. At the point in time when the household is certified and receives an initial allotment, the initial allotment will not be reduced to offset claims, even if the initial allotment is paid retroactively.

Audit and Recovery Management Services processes all claim determinations

t to be restored will be offset against the amount due on the claim before the balance, if any, is restored to the household. At the point in time when the household is certified and receives an initial allotment, the initial allotment will not be reduced to offset claims, even if the initial allotment is paid retroactively.

Audit and Recovery Management Services processes all claim determinations. Consequently, benefits will not be restored to any household until ARMS advises the DSS via Form 106, of any off-setting that is required due to outstanding claims. The procedure for effecting benefit restorations is found in DSSM 7002.1.

9011.5 Lost Benefits to Individuals Disqualified for Intentional Program Violation

Individuals disqualified for intentional Program violation are entitled to restoration of any benefits lost during the months that they were disqualified, not to exceed twelve (12) months prior to the date of DSS notification, only if the decision which resulted in disqualification is subsequently reversed. For example, an individual would not be entitled to restoration of lost benefits for the period of disqualification based solely on the fact that a criminal conviction could not be obtained, unless the individual successfully challenged the disqualification period imposed by an administrative disqualification in a separate court action.

For each month the individual was disqualified, not to exceed twelve months prior to DSS notification, the amount to be restored, if any, will be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference equals the amount to be restored. Participation in an administrative disqualification hearing in which the household contests DSS' assertion of intentional Program violation will be considered notification that the household is requesting restored benefits

the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference equals the amount to be restored. Participation in an administrative disqualification hearing in which the household contests DSS' assertion of intentional Program violation will be considered notification that the household is requesting restored benefits.

9011.6 Method of Restoration

Regardless of whether a household is currently eligible or ineligible, the agency will restore lost benefits to a household by issuing an allotment equal to the amount of benefits that were lost.

The amount restored will be issued in addition to the allotment currently eligible households are entitled to receive. Reasonable requests by households to restore lost benefits in monthly installments will be honored. As an example of a reasonable request, the household may fear that the excess food stamp benefits will be stolen or that the amount to be restored is more than it can use in a reasonable period of time.

Instructions for the issuance of restored benefits are contained in DSSM 7002.1.

9011.7 Changes in Household Composition

Whenever lost benefits are due a household and the household's membership has changed, restore the lost benefits to the household containing a majority of the individuals who were household members at the time the loss occurred. If DSS cannot locate or determine the household which contains a majority of household members, restore the lost benefits to the household containing the head of the household at the time the loss occurred.

9011.8 Accounting Procedures

If applicable, each case file will contain Form 106 documenting a household's entitlement to restoration of lost benefits. In addition, DMS will maintain a central alphabetic listing of cases where lost benefits have been or will be restored and will cross-reference this listing to cases in which a claim against the household can be used to offset the amount to be restored

.8 Accounting Procedures

9012 Social Security Numbers

[273.6]

9012.1 Requirements for Participation

Require that a household participating or applying for participation in the Food Stamp Program provide the SSN of each household member or apply for one before certification. Explain to applicants and participants that refusal or failure without good cause to provide a SSN will result in disqualification of the individual for whom a SSN is not obtained.

If individuals have more than one number, all numbers will be required.

9012.2 Obtaining SSNs for Food Stamp Household Members

For those individuals who provide SSN's prior to certification, recertification or at any office contact, record the SSN and verify it in accordance with DSSM 9032.5.

For those individuals who do not have a SSN, issue an Form 122 including the system-generated unique identifier (Client ID#) for each individual listed on the form. (Inclusion of the unique identifier will enable automatic transmittal of the SSN to the DCIS database.) Inform the household where to apply and what information will be needed. Advise the household member that proof of application from SSA will be required prior to certification (SSA normally uses the Receipt of Application for a Social Security Number, Form SSA- 5028, as evidence that an individual has applied for a SSN). Follow this same procedure for individuals who do not know if they have a SSN, or are unable to find their SSN

ly and what information will be needed. Advise the household member that proof of application from SSA will be required prior to certification (SSA normally uses the Receipt of Application for a Social Security Number, Form SSA- 5028, as evidence that an individual has applied for a SSN). Follow this same procedure for individuals who do not know if they have a SSN, or are unable to find their SSN.

If the household is unable to provide proof of application for a SSN for a newborn, the household must provide the SSN or proof of application at its next recertification or within 6 months following the month the baby is born, whichever is later. If the household is unable to provide a SSN or proof of application at its next recertification within 6 months following the baby’s birth, DSS shall determine if the good cause provisions of DSSM 9012.4 apply.

9012.3 Failure to Comply

If DSS determines that a household member has refused or failed without good cause to apply for a SSN, that individual is ineligible to participate in the Food Stamp Program. The disqualification applies to the individual for whom the SSN is not provided and not to the entire household. The earned or unearned income and resources of an individual disqualified from the household for failure to comply with this requirement will be counted as household income and resources to the extent specified in DSSM 9076.2.

9012.4 Determining Good Cause

In determining if good cause exists for failure to comply with the requirement to apply for or provide DSS with a SSN, consider information from the household member, SSA and DSS. Documentary evidence or collateral information that the household member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN will be considered good cause for not complying timely with this requirement

ply with the requirement to apply for or provide DSS with a SSN, consider information from the household member, SSA and DSS. Documentary evidence or collateral information that the household member has applied for a SSN or made every effort to supply SSA with the necessary information to complete an application for a SSN will be considered good cause for not complying timely with this requirement. Good cause does not include delays due to illness, lack of transportation or temporary absences, because SSA makes provisions for mailing applications in lieu of applying in person. If the household member can show good cause why an application for a SSN has not been completed in a timely manner, allow the person to participate for one month in addition to the month of application. If the household member applying for a SSN has been unable to obtain the documents required by SSA, make every effort to assist the individual in obtaining these documents. Good cause for failure to apply must be shown monthly in order for such a household member to continue to participate. Once an application has been filed, permit the member to continue to participate pending notification to DSS of the household member SSN.

Workers should establish short-term controls to check the status of the SSN application monthly. If DSS has requested the necessary documents for the clients (birth certificates, etc.), check monthly to see if the documents have been received. Refer the client back to SSA when documents arrive.

If the client was responsible for obtaining the necessary documents, check with the client by phone or by mail to determine what progress has been made. Inform the client that continued eligibility is dependent upon their continued efforts to obtain documents needed to apply for a SSN.

9012.5 Ending Disqualification

The household member(s) disqualified may become eligible upon providing the Division with a Social Security Number

r obtaining the necessary documents, check with the client by phone or by mail to determine what progress has been made. Inform the client that continued eligibility is dependent upon their continued efforts to obtain documents needed to apply for a SSN.

9012.5 Ending Disqualification

The household member(s) disqualified may become eligible upon providing the Division with a Social Security Number.

9012.6 Use of Social Security Numbers

The Division is authorized to use Social Security Numbers in the administration of the Food Stamp Program. To the extent determined necessary by the Secretary of Health and Human Services, State agencies are given access to information regarding individual Food Stamp Program applicants and participants who receive benefits under Title XVI of the Social Security Act (SSI) to determine such a household's eligibility to receive assistance and the amount of assistance, or to verify information related to the benefit of the households. Use the State Data Exchange (SDX) to the maximum extent possible. Use SSN's to prevent duplicate participation, to facilitate mass changes in Federal benefits and to determine the accuracy and/or reliability of information given by households. In particular, DSS will use SSN's to request and exchange information on individuals through IEVS (see DSSM 2013.1).

9012.7 Entry of SSNs into Automated Databases

Enter all Social Security Numbers obtained in accordance with this section into the automated food stamp data base (DCIS).

9013 Household Concept

[273.1]

A household may be composed of any of the following individual or groups of individuals:

1. an individual living alone;

2. an individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from the others;

3. a group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

[273.1]

A household may be composed of any of the following individual or groups of individuals:

1. an individual living alone;

2. an individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from the others;

3. a group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

4. an individual who is 60 years of age or older, living with others (and the spouse of such individual), who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or suffers from a non- disease related, severe, permanent disability. However, the income (all income included under DSSM 9055) of the others with whom the individual resides (excluding the income of such individual's spouse) cannot exceed 165% of the poverty line. (Refer to the current October Cost-of-Living Adjustment Administrative Notice.)

9013.1 Household Definition

7 CFR 273.1

A) General Definition - a household is composed of one of the following individuals or groups of individuals, provided they are not residents of an institution (except as otherwise specified in DSSM 9015), or are not boarders (as specified in DSSM 9013.3).

1. An individual living alone

2. An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from the others;

This includes severely disabled individuals who have someone purchase and prepare their meals for them (regardless of whether or not they are paid for the service). The disabled individuals are considered separate food stamp households, even if they live in the same home as the individual purchasing and preparing the meals for them. This household does not have to meet the 165 percent rule.

ers;

3. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

B) Special Definition - the following individuals living with others or groups of individuals living together must be considered as customarily purchasing food and preparing meals together, even if they do not do so*.

1. Spouses who live together. Spouse refers to either of two individuals:

a. Who would be defined as married to each other under applicable State law; or

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

2. Children 21 years of age and younger living with their parents. [Parents are defined as natural parent(s), adoptive parent(s), or step-parent(s)]

Children (other than foster care children) who are under 18 and live under the parental control of a non-parent, adult household member cannot be separate households.

Adult children (22 years of age and older) who live with their parents can be separate households if they purchase and prepare food separately.

3. Child(ren) living with a non-parent who has legal custody of the child(ren) will continue to be a member of the household for food stamp purposes even if a natural parent moves into the home. The non-parent must provide proof of legal custody. If the adult who has legal custody of the child chooses to let the child and natural parent purchase and prepare meals together, the child can become a member of the natural parent’s food stamp household.

custody of the child(ren) will continue to be a member of the household for food stamp purposes even if a natural parent moves into the home. The non-parent must provide proof of legal custody. If the adult who has legal custody of the child chooses to let the child and natural parent purchase and prepare meals together, the child can become a member of the natural parent’s food stamp household.

4. Joint custody – Children who live with parents in a joint custody situation can get food stamps with the parent who is the first to apply for food stamps. This also covers shared custody situations. If both parents are applying for the same child(ren), the parent who provides the majority of the meals (21 meals a week) will include the child as part of his/her food stamp household.

When the parent who provides the majority of the meals applies for food stamps after the other parent is already getting food stamps for children, he/she can include the children in their food stamp after they are removed from the other parent’s case. The children are removed from the first parent’s case and opened in the second parent’s case no later than the second month after the month the second parent requests food stamps for the children.

5. When an individual resides a portion of the month with a food stamp household, the household can choose to include or exclude the individual from the food stamp household. If included, the income of the individual must be included and the individual cannot get benefits in another household or state.

Examples:

A son works out of state but comes home every weekend. His mom can include or exclude him.

A child lives in PA with her father. She comes to DE to live with her mom on weekends. Her mother can include her in her food stamp household as long as the child is not getting food stamps in PA.

A child goes to a residential school and comes home every other weekend and holidays. The parents can include the child in their food stamp household.

every weekend. His mom can include or exclude him.

A child lives in PA with her father. She comes to DE to live with her mom on weekends. Her mother can include her in her food stamp household as long as the child is not getting food stamps in PA.

A child goes to a residential school and comes home every other weekend and holidays. The parents can include the child in their food stamp household.

6. Although a group of individuals living together and purchasing and preparing meals together constitutes a single household under the provisions of the above general definition, an otherwise eligible member of such a household who is 60 years of age or older and who is unable to purchase and prepare meals because (s)he suffers from a disability considered permanent under the Social Security Act, or suffers from a non-disease-related, severe, permanent disability, may be a separate household from the others based on the provisions of this section provided that the income (all income under DSSM 9055) of the others with whom the individual resides (excluding the income of the spouse of the elderly and disabled individual) does not exceed 165% of the poverty line. Only the spouse of the elderly and disabled individual is required to be included in the same household with the individual.

" Elderly or disabled member " means a member of a household who:

a. is 60 years of age or older;

b. receives Supplemental Security Income (SSI) benefits under Title XVI of Social Security Act or disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;

c. receives federally or State-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

d. receives federally or State-administered supplemental benefits under section 212(a) of Public Law 93- 66;

the Social Security Act;

d. receives federally or State-administered supplemental benefits under section 212(a) of Public Law 93- 66;

e. receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act;

f. is a veteran with a service-connected or non-service connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under Title 38 of the United States Code;

g. is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code;

h. is a surviving spouse of a veteran and considered by the VA to be in need of regular 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; or

i. is a surviving spouse or surviving child of a veteran and is considered by the VA to be entitled to compensation for 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;

j. received an annuity payment under Section 2(a)(l)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board, or Section 2(a)(i)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act.

under Section 221(i) of the Social Security Act;

k. is a recipient of interim assistance benefits pending the receipt of Supplemental Security Income, disability related medical assistance under Title XIX of the Social Security Act, or disability-based State general assistance benefits provided that the eligibility to receive those benefits is based upon disability or blindness criteria which are at least as stringent as those used under Title XVI of the Social Security Act.

" Entitled " as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them.

Note: Some disabled persons optionally receive Federal Employee Compensation Act (FECA) payments in lieu of Civil Service Disability payments. Such persons are considered to meet the disability definition under this section. Some persons, however, receive FECA payments on a temporary basis while recovering from an on-the-job injury. Receipt of these temporary payments does not satisfy the disability definition. Therefore, verify which type of FECA payment a client receives.

9 DE Reg. 1077 (01/01/06)

10 DE Reg. 1003 (12/01/06)

11 DE Reg. 332 (09/01/07)

18 DE Reg. 147 (08/01/14)

9013.2 Non-Household Members

[273.1(b)]

ives.

9 DE Reg. 1077 (01/01/06)

10 DE Reg. 1003 (12/01/06)

11 DE Reg. 332 (09/01/07)

18 DE Reg. 147 (08/01/14)

9013.2 Non-Household Members

[273.1(b)]

For the purposes of defining a household under the provisions of this section, the following individuals will not be included as a member of the household unless specifically included as a household member under the special definition at DSSM 9013.1. If not included as a member of the household under the special definition, such individuals will not be included as a member of the household for the purpose of determining household size, eligibility or benefit level. The income and resources of such individuals will be handled in accordance with DSSM 9077. The following individuals (if otherwise eligible) may participate as separate households:

1) Roomers to whom a household furnishes lodging, but not meals, for compensation.

2) Live-in attendants who reside with a household to provide medical, housekeeping, child care or similar personal services.

3) Other individuals who share living quarters with the household, but who do not customarily purchase food and prepare meals with the household. For example, if the applicant household shares living quarters with another family to save on rent, but does not purchase and prepare food together with that family, the members of the other family are not members of the applicant household.

Some household members are ineligible to receive Program benefits under the provisions of the Food Stamp Act (such as certain aliens and certain students). Others may become ineligible for such reasons as being disqualified for committing an intentional Program violation or refusing to comply with a regulatory requirement. These individuals must be included as a member of the household for the purpose of defining a household under the definition in DSSM 9013.1

s under the provisions of the Food Stamp Act (such as certain aliens and certain students). Others may become ineligible for such reasons as being disqualified for committing an intentional Program violation or refusing to comply with a regulatory requirement. These individuals must be included as a member of the household for the purpose of defining a household under the definition in DSSM 9013.1. However, such individuals must not be included as eligible members of the household when determining the household's size for the purpose of comparing the household's monthly income with the income eligibility standard or assigning a benefit level by household size. The income and resources of such individuals will be handled in accordance with DSSM 9076. These individuals are not eligible to participate as separate households.

Ineligible individuals include the following:

1) Ineligible students who do not meet the eligible student requirement of DSSM 9010.

2) Ineligible aliens who do not meet the citizenship or eligible alien status requirements of DSSM 9032 or the eligible sponsored alien requirements of DSSM 9081.

3) Individuals disqualified for intentional Program violation per DSSM 2023.

4) Individuals disqualified for failure to provide a SSN per DSSM 9032.

5) Individuals who do not attest to their citizenship or alien status as required on the Form 100 application form.

6) Individuals found guilty of having made a fraudulent statement or misrepresentation to the identity and/or place of residence in order to receive the multiple benefits at the same time per DSSM 2024.

7) Individuals who are fleeing prosecution or custody for a felony or probation/parole violators per DSSM 2025.

8) Individuals convicted of trafficking food stamps of $500 or more per DSSM 2026.

9) Individuals ineligible due to work requirements per DSSM 9018.

10) Individuals who are ineligible because of a drug-related felony conviction per DSSM 2027

tiple benefits at the same time per DSSM 2024.

7) Individuals who are fleeing prosecution or custody for a felony or probation/parole violators per DSSM 2025.

8) Individuals convicted of trafficking food stamps of $500 or more per DSSM 2026.

9) Individuals ineligible due to work requirements per DSSM 9018.

10) Individuals who are ineligible because of a drug-related felony conviction per DSSM 2027.

11) Individuals ineligible due to the time limit for Able-bodied Adults without Dependents per DSSM 9018.

9013.3 Boarders and Foster Care

[273.1(c)]

Boarders

Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals (excluding residents of a commercial boarding house). Boarders are ineligible to participate in the Program independent of the household providing the board. They may participate as members of the household providing the boarder services to them, at such household's request.

In no event will boarder status be granted to those individuals or groups of individuals described in DSSM 9013.1 (B) which includes children living with parents.

The household with which a boarder resides (including the household of the proprietor of a boarding house) may participate in the program if the household meets all the eligibility requirements for program participation.

To determine if an individual is paying reasonable compensation for meals and lodging in making a determination of boarder status, only the amount paid for meals will be used, provided that the amount paid for meals is distinguishable from the amount paid for lodging

a boarding house) may participate in the program if the household meets all the eligibility requirements for program participation.

1) Boarders whose board arrangement is for more than two meals a day will pay an amount which equals or exceeds the maximum food stamp allotment for the appropriate size of the boarder household; or

2) Boarders whose board arrangement is for two meals or less per day will pay an amount which equals or exceeds two-thirds of the maximum food stamp allotment for the appropriate size of the household.

An individual furnished both meals and lodging by a household but paying compensation of less than a reasonable amount to the household for such services will be considered a member of the household providing the services.

This means that a person paying reasonable compensation for meals is considered a boarder and can be included in the household's food stamp household if the household providing the boarder services wants them to be included. A person paying less than a reasonable amount to the household for meals must be included in the food stamp household of the household providing the service. Either way, the person paying for the meals cannot receive food stamps on their own separate from the household providing the service.

None of the income or resources of individuals determined to be boarders and who are not members of the household providing the boarder services will be considered available to such household. However, the amount of the payment that a boarder gives to a household will be treated as self-employment income to the household

e food stamps on their own separate from the household providing the service.

The procedures for handling self-employment income from boarders (other than such income received by a household that owns and operates a commercial boarding house) are set forth in DSSM 9074. The procedures for handling income from boarders by a household that owns and operates a commercial boarding house are also covered in DSSM 9074.6.

For program purposes, a commercial boarding house is defined as an establishment licensed as an enterprise which offers meals and lodging for compensation. In project areas with licensing requirements, a commercial boarding house will be defined as a commercial establishment which offers meals and lodging for compensation with the intent of making a profit. The number of boarders residing in a boarding house will not be used to determine if a boarding house is a commercial enterprise.

Foster Care

Foster care individuals (children and adults) placed in the homes of relatives or other individuals or families by a Federal, State, or local governmental foster care program, shall be considered boarders. The foster care payments received by the household for such foster care boarders shall not be considered as available income to the household. The foster care payments are exempt from the computation of net self-employment income from boarders under DSSM 9074.

Foster care children/adult boarders may participate in the Food Stamp Program as members of the household providing the boarder services to them, at such household's request

by the household for such foster care boarders shall not be considered as available income to the household. The foster care payments are exempt from the computation of net self-employment income from boarders under DSSM 9074.

Foster care children/adult boarders may participate in the Food Stamp Program as members of the household providing the boarder services to them, at such household's request. If the household chooses the option to include the foster care individuals in their food stamp household, foster care payments received by the household shall be considered unearned income to the household and counted in their entirety in determining the household's income eligibility and benefit level.

9014 Head of Household

[273.1(d)]

It is not a requirement that the head of household appear at the office for certification to the program. Another responsible member of the household or the authorized representative may appear to make application for benefits.

When designating the head of household, the household may 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. All adult household members must agree to the selection.

Households can select their heads of households at each certification action or whenever there is a change in household composition. The Application (Form 100) contains the written notification about designating the head of household.

Failure to designate or agree on a head of household will not delay certification or cause benefits to be denied. DSS will designate a head of household if the household does not designate one or the adults do not agree on a designation. If DSS has to designate a head of household, the designee will be the principal wage earner.

For purposes of failure to comply with DSSM 9018, the head of household shall be the principal wage earner unless the household has selected an adult parent of children

to be denied. DSS will designate a head of household if the household does not designate one or the adults do not agree on a designation. If DSS has to designate a head of household, the designee will be the principal wage earner.

For purposes of failure to comply with DSSM 9018, the head of household shall be the principal wage earner unless the household has selected an adult parent of children. The principal wage earner is the household member (including excluded members) who is the greatest source of earned income in the two months prior to the month of the violation. This provision applies only if the employment involves 20 hours or more per week or provides weekly earnings at least equivalent to the Federal minimum wage multiplied by 20 hours.

No person of any age living with a parent or person fulfilling the role of a parent who is registered for work or exempt from work registration requirements because such parent or person fulfilling the role of a parent is subject to and participating in the Food Stamp Employment and Training (FS E&T) Program, or is in receipt of unemployment compensation (or has registered for work as part of the UC application process), or is employed or self-employed and working a minimum of 30 hours weekly or receiving a weekly earnings equal to the Federal minimum wage multiplied by 30 hours can be considered the head of household. If there is no principal source of earned income in the household, the household member documented in the casefile as head of the household at the time of the violation will be considered the head of household.

9015 Residents of Institutions

Individuals will be considered residents of an institution where the institution provides them with the majority of their meals (over 50% of three meals daily) as part of the institution's normal services.

Residents of institutions are not eligible for participation in the program with the following exceptions:

1. Residents of federally subsidized housing for the elderly

Residents of Institutions

Residents of institutions are not eligible for participation in the program with the following exceptions:

1. Residents of federally subsidized housing for the elderly. "Federally subsidized housing for the elderly" includes housing built under either Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act.

2. Narcotics addicts or alcoholics, and their children, who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center. Resident addicts or alcoholics, and their children, will be treated as one household for purposes of eligibility determination.

3. Blind or disabled individuals who are covered under the Food Stamp Act's definition of a disabled person in DSSM 9013, b through k, and who reside in properly certified public or private non-profit group living arrangements serving no more than 16 residents. Processing standards, verification requirements, lost benefit entitlement, and rights to fair hearings, and advance notice will apply to the households in (2) and (3) as they do to all other households. See DSSM 9078.

4. Women or women with their children temporarily residing in a shelter for battered women and children. Persons temporarily residing in shelters for battered women and children will be considered individual household units for the purposes of applying for and participating in the program. A shelter for battered women and children is a public or private non-profit residential facility that serves battered women and their children. If such a facility services other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and children.

5. Residents of public or private nonprofit shelters for homeless persons

rticipating in the program. A shelter for battered women and children is a public or private non-profit residential facility that serves battered women and their children. If such a facility services other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and children.

5. Residents of public or private nonprofit shelters for homeless persons.

Residents of public institutions who apply for SSI prior to their release from an institution under the Social Security Administration's Pre-release Program for the Institutionalized [42 U.S.C. 1383(j)] can apply for food stamps at the same time they apply for SSI. Process these pre-release applicants in accordance with the provisions in DSSM 9028, 9039, 9042, 9043, 9061, and 9081, as appropriate.

9016 Authorized Representatives

[273.2(n)]

Representatives may be authorized to act on behalf of a household in the application process, in obtaining food stamp benefits, and in using food stamp benefits.

5 DE Reg. 894 (10/01/01)

9016.1 Application Processing and Reporting

Inform applicants that a nonhousehold member may be designated as the authorized representative for application processing purposes. The authorized representative may carry out household responsibilities during the certification period such as reporting changes in the household's income or other circumstances. Inform the household that the household will be held liable for any overissuances that results from erroneous information given by the authorized representative.

A nonhousehold member may be designated as an authorized representative for the application process provided that the person is an adult who is sufficiently aware of relevant household circumstances. The authorized representative designation must be made in writing by the head of the household, the spouse, or another responsible member of the household. DSSM 9016.4 contains more restrictions on who can be designated an authorized representative

thorized representative for the application process provided that the person is an adult who is sufficiently aware of relevant household circumstances. The authorized representative designation must be made in writing by the head of the household, the spouse, or another responsible member of the household. DSSM 9016.4 contains more restrictions on who can be designated an authorized representative.

Residents of drug or alcohol treatment centers must apply and be certified through the use of authorized representatives in accordance with DSSM 9078.1.

Residents of group living arrangements have the option to apply and be certified through the use of authorized representatives in accordance with DSSM 9078.2.

9016.2 Obtaining Food Stamps Benefits

An authorized representative may be designated to obtain benefits. Encourage households to name an authorized representative for obtaining benefits in case of illness or other circumstances which might prevent the household from obtaining their benefits. The name of the authorized representative must be recorded in the household’s case record and in DCIS.

The authorized representative for obtaining benefits may or may not be the same individual designated as an authorized representative for the application process or for meeting reporting requirements during the certification period.

When a household needs someone to obtain their food stamp benefits for a particular month, the household may designate an emergency authorized representative. The emergency authorized representative is designated to obtain the household's allotment when none of the persons specified on the ID card are available.

Form 105, Emergency Authorized Representative Designation Form, is used by the household to designate an emergency authorized representative. DSS will fill out and send the Emergency Authorized Representative Designation Form to the client when requested. Do not require households to come into the office to get the Emergency Authorized Representative Designation Form

on the ID card are available.

The designated emergency authorized representative must present the form that contains the signature of the household member on the ID card and the signature of the emergency authorized representative and the food stamp ID card to the food stamp issuance site. The form must be signed by both the household member and the designated emergency authorized representative before going to the issuance site. A separate written designation is required each time an emergency representative is authorized.

9 DE Reg. 799 (11/01/05)

9016.3 Using Benefits

A household may allow any household member or nonmember to use its ID card and benefits to purchase food or meals, if authorized, for the household. Drug or alcohol treatment centers and group living arrangements which act as authorized representatives for residents of the facilities must use food stamp benefits for food prepared and served to those residents participating in the Food Stamp Program, except when residents leave the facilities as provided in DSSM 9078.1.

9016.4 Restrictions on Designations of Authorized Representatives

DSS must restrict the use of authorized representatives for purposes of application processing and obtaining food stamp benefits as follows:

1. DSS employees who are involved in the certification and/or issuance processes and retailers that are authorized to accept food stamp benefits may not act as authorized representatives without the specific written approval of the Operations Administrator and only if the Operations Administrator determines that no one else is available to serve as an authorized representative.

efits as follows:

2. Individuals disqualified for an intentional Program violation cannot act as authorized representatives during the period of disqualification unless the individual disqualified is the only adult member of the household able to act on its behalf and the agency has determined that no one else is available to serve as authorized representative. In this case it will be determined whether the authorized representative is needed to apply on behalf of the household, or to obtain benefits on behalf of the household.

3. Homeless meal providers may not act as authorized representatives for homeless food stamp recipients. A "homeless meal provider" is a public or private nonprofit establishment (e.g., soup kitchen, temporary shelter) approved by DHSS, that feeds homeless persons.

4. If DSS determines that an authorized representative has knowingly provided false information about household circumstances or has made improper use of food stamp benefits, it may disqualify that person from being an authorized representative for up to one year. DSS will send written notification to the affected household(s) and the authorized representative 30 days prior to the date of disqualification. The notification must specify the reason for the proposed action and the household's right to request a fair hearing. This provision is not applicable in the case of drug and alcohol treatment centers and those group homes that act as authorized representatives for their residents

fication to the affected household(s) and the authorized representative 30 days prior to the date of disqualification. The notification must specify the reason for the proposed action and the household's right to request a fair hearing. This provision is not applicable in the case of drug and alcohol treatment centers and those group homes 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 which intentionally misrepresent households circumstances, may be prosecuted under applicable Federal and State statutes for their acts.

There is no limit on the number of households an authorized representative may represent.

In the event that employers, such as those that employ migrant or seasonal farmworkers, are designated as authorized representatives or if any one authorized representative has access to a large number of food stamp benefits, caution should be exercised to assure that the household has freely requested the assistance of the authorized representative, the household's circumstances are correctly represented, and the household is receiving the correct amount of benefits. DSS should make sure that the authorized representative is properly using the food stamp benefits.

Any suspected improper use should be reported to the Chief Social Service Administrator, Program Implementation Unit, who will in turn report the circumstances to FNS for investigation.

9017 Strikers

[273.1(g)]

Households with striking members will be ineligible to participate in the Food Stamp Program unless the household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. Such a household will not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the household

estigation.

9017 Strikers

[273.1(g)]

For food stamp purposes, a striker will be anyone involved in a strike or 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. Any employee affected by a lockout, however, will not be deemed to be a striker.

Examples of non-strikers who are eligible for participation in the program include but are not limited to:

1. Employees whose workplace is closed by an employer in order to resist demands of employees (e.g., a lockout);

2. Employees unable to work as a result of striking employees (e.g., truck drivers who are not working because striking newspaper pressmen prevent newspapers from being printed); and

3. Employees who are not part of the bargaining unit on strike who did not want to cross a picket due to fear of personal injury or death.

Further, an individual who goes on strike who is exempt from work registration, in accordance with DSSM 9018, the day prior to the strike, other than those exempt solely on the grounds that they are employed, will not be deemed a striker.

Pre-strike eligibility will be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

Eligibility at time of application will be determined by comparing the striking member's income before the strike to the striker's current income and adding the higher of the two to the current income of non-striking members during the month of application

rike eligibility will be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

To determine benefits (and eligibility for households subject to the net income eligibility standard) deductions will be calculated for the month of application as for any other household. Whether the striker's pre-strike earnings are used or his current income is used, the earnings deduction will be allowed if appropriate.

Strikers whose households are eligible to participate under the criteria in this section will be subject to the work registration requirements under DSSM 9018 unless exempt under DSSM 9018.2.

9018 Work Requirements

9018.1 Work Registration Requirements

No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food supplement program if the individual:

·refuses, at the time of application and every 12 months thereafter, to register for employment;

·refuses without good cause to accept an offer of employment at a site not subject to a strike or lockout at the time of refusal, at a wage not less than the higher of

1. the applicable Federal or State minimum wage; or

2. 80% of the wage that would have governed had the minimum hourly rate been applicable to the offer of employment.

·refuses without good cause to provide DSS with sufficient information to allow DSS to determine the employment status or the job availability of the individual;

·voluntarily and without good cause quits a job or reduces the hours of work so the individual is working less than 30 hours per week; or

·fails to comply with a work supplementation program.

13 DE Reg

plicable to the offer of employment.

·refuses without good cause to provide DSS with sufficient information to allow DSS to determine the employment status or the job availability of the individual;

·voluntarily and without good cause quits a job or reduces the hours of work so the individual is working less than 30 hours per week; or

·fails to comply with a work supplementation program.

13 DE Reg. 1335 (04/01/10)

9018.2 Maintaining and Regaining ABAWD Eligibility

7 CFR 273.24

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

Definitions

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

Work is defined as:

A. Work in exchange for money;

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

C. Unpaid work which is verified; or

D. Any combination of the above definitions.

Qualifying work programs include programs under:

A. Workforce Investment Act;

B. Trade Adjustment Assistance Act; or

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

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

A. Exempt

B. Meeting the work requirements

C. Receiving prorated benefits

1 . Benefits for ABAWDs Are Time-Limited

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

2 . ABAWDs Must Meet Work Requirements

An ABAWD meets the work requirement when he or she:

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

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

36 month period if they do not meet the work requirements. When the individual meets a work requirement, he or she may get benefits longer than 3 months.

2 . ABAWDs Must Meet Work Requirements

An ABAWD meets the work requirement when he or she:

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

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

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

D. Participates and complies with a workfare program.

3 . ABAWDs May Be Exempted from Time Limits

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

A. An individual who is under age 18.

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

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

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

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

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

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

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

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

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

H. An individual who is pregnant.

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

4 . ABAWDs May Be Exempted for Good Cause

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

A. The absence from work is temporary; and

B. The individual retains his or her job

individual who is pregnant.

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

4 . ABAWDs May Be Exempted for Good Cause

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

A. The absence from work is temporary; and

B. The individual retains his or her job.

Good cause includes circumstances beyond the individual's control, such as, but not limited to:

A. Illness;

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

C. A household emergency; or

D. The unavailability of transportation.

5 . ABAWDs May Regain Eligibility

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

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

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

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

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

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

E. Participates in a DSS workfare program; or

F. Becomes exempt for any reason.

6 . Resources and Income of ABAWDs Must be Counted

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

7 . ABAWDs Must Verify Certain Information

Verification is handled according to DSSM 9032 and DSSM 9038.

8 . ABAWDs Must Report Certain Work Changes

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

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

ing to DSSM 9076.2.

7 . ABAWDs Must Verify Certain Information

Verification is handled according to DSSM 9032 and DSSM 9038.

8 . ABAWDs Must Report Certain Work Changes

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

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

9 . Benefits Received Erroneously Count as ABAWD Months

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

17 DE Reg. 66 (07/01/13)

9018.3 Exemptions From Work Registration

The following persons are exempt from the work registration requirement:

1) A person younger than 16 years of age or a person 60 years of age or older.

If a child has its 16th birthday with a certification period, the child will fulfill the work registration requirement as part of the next scheduled recertification process, unless the child qualifies for another exemption.

A person age 16 or 17 who is not a head of a household or who is attending school, or enrolled in an employment and training program on at least a half-time basis is exempt.

2) A person physically or mentally unfit for employment.

If a mental or physical unfitness is claimed and the unfitness is not evident, verification may be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or of a statement from a physician or licensed certified psychologist.

3) A household member subject to and participating in the TANF Employment and Training program under Title IV of the Social Security Act. If the exemption claimed is questionable, verify the exemption.

4) A parent or other household member who is responsible for the care of a dependent child under age six (6) or an incapacitated person

statement from a physician or licensed certified psychologist.

4) A parent or other household member who is responsible for the care of a dependent child under age six (6) or an incapacitated person.

If the child has its 6th birthday within a certification period, the individual responsible for the care of the child will fulfill the work registration requirement as part of the next scheduled recertification process, unless the individual qualifies for another exemption.

5) A person is in receipt of unemployment compensation. A person who has applied for, but has not yet begun to receive, unemployment compensation will also be exempt if that person was required to register for work with DOL as part of the unemployment compensation application process.

If the exemption claimed is questionable, verify the exemption with the appropriate DOL office.

6) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program.

The person does not have to be a resident of such a treatment center. However, the treatment center must be certified as a rehabilitation program by the State agency that is responsible for the States programs for alcoholics and drug addicts. Alcoholics Anonymous (AA) does not meet this criteria. Regular participants in AA are not exempted from work registrations.

7) A person who is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours.

This will include migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days (although this will not prevent individuals from seeking additional services from DOL)

r self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours.

8) A student enrolled at least half time in any recognized school, training program, or institution of higher education, provided that students enrolled at least half time in an institution of higher education have met the eligibility conditions in DSSM 9010. Persons who are not enrolled at least half time or who experience a break in enrollment status due to graduation, expulsion, or suspension, or who drop out or otherwise do not intend to return to school will not be considered students for the purpose of qualifying for this exemption.

A student enrolled in a school, training program or institution of higher education will remain exempt during normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school).

9018.4 Work Registration Waiver for Certain Households

Household members who are applying for SSI and for food stamps under DSSM 9043 will have the requirement for work registration waived until:

1) They are determined eligible for SSI and thereby become exempt from work registration; or

2) They are determined ineligible for SSI and where applicable, a determination of their work registration status is then made through recertification procedures in accordance with DSSM 9043, or through other means.

9018.5 Loss of Exemption Status

Persons losing exemption status due to any change in circumstances that is subject to the reporting requirements of DSSM 9085 will register for employment when the change is reported

ble for SSI and where applicable, a determination of their work registration status is then made through recertification procedures in accordance with DSSM 9043, or through other means.

9018.5 Loss of Exemption Status

Persons losing exemption status due to any change in circumstances that is subject to the reporting requirements of DSSM 9085 will register for employment when the change is reported.

Examples of such changes include loss of employment that also results in loss of income or more than $25 a month, or departure from household of the sole dependent child for whom an otherwise non- exempt household member was caring.

Those persons who lose their exemption due to a change in circumstances that is not subject to the reporting requirements of DSSM 9085 will register for employment at their household's next recertification.

9019 DSS/Employment/Training Agency Responsibilities

9019.1 DSS Procedures

Upon reaching a determination that an applicant or a member of the applicant's household is required to register, explain to the applicant the work registration requirements, their rights and responsibilities, and the consequences of failure to comply. Enter the appropriate mandatory code on the DCIS documents for each mandatory household member.

9019.2 Time Spent in an Employment and Training Program

Monitor the following aspects of Employment and Training participation:

The number of months a participant spends in an Employment and Training component.

The number of successive components in which a participant may be placed.

The time spent by the members of a household collectively each month in an Employment and Training work program. Time cannot exceed the number of hours equal to the household's allotment for that month divided by the higher of the applicable State or Federal minimum wage. The total hours of participation in an Employment and Training non-work component for any household member individually in any month cannot exceed 120

embers of a household collectively each month in an Employment and Training work program. Time cannot exceed the number of hours equal to the household's allotment for that month divided by the higher of the applicable State or Federal minimum wage. The total hours of participation in an Employment and Training non-work component for any household member individually in any month cannot exceed 120.

9019.3 Voluntary Participation

Permit persons exempt from the work registration and training requirements or those not exempt who have complied or are complying with the requirements, to participate in any employment and training program offered.

Do not sanction voluntary participants in an employment and training component for failure to comply with the employment and training requirements.

Hours of participation or work of a volunteer may not exceed the hours required of employment and training mandatory participants.

9020 Additional Work Requirements

[273.7(e)]

After registration, work registrants must also:

1. Report for an interview upon the reasonable request of the case worker or the Division's designated employment/training provider and participate in an Employment and Training program if assigned.

2. Respond to a request from the case worker for supplemental information regarding employment status or availability for work.

3. Report to an employer to whom referred by the case worker if the potential employment meets the suitability requirements described in DSSM 9022.

4. Accept a bona fide offer of suitable employment to which he or she is referred by an employment/training agency; at a wage not less than the higher of either the applicable State or Federal minimum wage.

9021 RESERVED

13 DE Reg. 1335 (04/01/10)

9022 Suitable Employment

[273.7(i)]

Any employment will be considered unsuitable if:

oyment meets the suitability requirements described in DSSM 9022.

9021 RESERVED

13 DE Reg. 1335 (04/01/10)

9022 Suitable Employment

[273.7(i)]

Any employment will be considered unsuitable if:

1. The wage offered is less than the highest of the applicable federal minimum wage, the applicable state minimum wage, or 80% of the federal minimum wage if neither the federal nor state minimum wage is applicable, or

2. The employment offered is on a piece-rate basis and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wage specified in #1, above, or

3. The household member, as a condition of employment or continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization, or

4. The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under the Taft-Hartley Act, or the Railway Labor Act, or

5. The degree of risk to health and safety is unreasonable, or

6. The member is physically or mentally unfit to perform the employment as documented by medical evidence or by reliable information from other sources, or

7. The employment is offered within the first 30 days of registration and is not in the member's major field of experience, or

8. The distance from the member's house to the place of employment is unreasonable considering the expected wage and the time and cost of commuting. Employment will not be considered suitable if daily commuting time exceeds two hours daily, not including the transporting of a child to and from a child care facility. Employment is not considered suitable if the distance to the place of employment prohibits walking and neither public nor private transportation is available to transport the member to the job site, or

time and cost of commuting. Employment will not be considered suitable if daily commuting time exceeds two hours daily, not including the transporting of a child to and from a child care facility. Employment is not considered suitable if the distance to the place of employment prohibits walking and neither public nor private transportation is available to transport the member to the job site, or

9. The working hours or nature of the employment interferes with the member's religious observations, convictions, or beliefs. For example, a Sabbatarian could refuse to work on the Sabbath and not affect the household's eligibility.

9023 Participation of Strikers

[273.7(j)]

Strikers whose households are eligible under the criteria in DSSM 9017 will be subject to the work registration requirements unless exempt under DSSM 9018.3 at time of application.

9024 TANF Employment and Training Households

[273.7(k)]

Registrants for the TANF Employment and Training program are exempt from food stamp work registrations.

Household members who are required to register for work under TANF Employment and Training or Unemployment Compensation and who fail to comply with the work registration requirements of those programs will be handled in accordance with DSSM 9021.

9025 Determining Good Cause

[273.7(m)]

DSS will be responsible for determining good cause in those instances where the work registrant has failed to comply with the work registration, voluntary quit, or employment and training requirements, of this section.

egistrant has failed to comply with the work registration, voluntary quit, or employment and training requirements, of this section.

Determining good cause in cases of voluntary quit. In determining whether or not good cause exists, the employment and training agency and DSS will consider the facts and circumstances, including information submitted by the household member involved and the employer. Good cause will include circumstances beyond the member's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, the unavailability of transportation or the lack of adequate child care for children who have reached age six but are under age 12.

9026 Voluntary Quit

[7 CFR 273.7]

No individual who voluntarily quits his/her most recent job or reduces work hours to less than 30 hours per week, without good cause will be eligible to participate in the Food Supplement Program (FSP) as specified below.

At the time of application, explain to the applicant the consequences of the individual quitting his or her job without good cause.

13 DE Reg. 1335 (04/01/10)

9026.1 Application Processing

1) When a household files an application for participation or when a participating household reports the loss of a source of income, determine whether any household member voluntarily quit a job. Benefits will not be delayed beyond the normal processing times specified in DSSM 9028 pending the outcome of this determination. This provision applies only if the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by 30 hours; the quit occurred within 30 days prior to the date of application or anytime thereafter; and the quit was without good cause

the normal processing times specified in DSSM 9028 pending the outcome of this determination. This provision applies only if the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by 30 hours; the quit occurred within 30 days prior to the date of application or anytime thereafter; and the quit was without good cause. Changes in employment status that result from reducing hours of employment while working for the same employer, terminating a self-employment enterprise or resigning from a job at the demand of the employer will not be considered as a voluntary quit for the purpose of this subsection.

An employee of the Federal Government or of a state or local government, who participates in a strike against such government and is dismissed from his or her job because of participation in the strike, will be considered to have voluntarily quit a job without good cause.

2) In the case of an applicant household, determine whether any currently unemployed (i.e., employed less than 30 hours per week or receiving less than weekly earnings equivalent to the Federal minimum wage multiplied by 30 hours) household member who is required to register for work has voluntarily quit his or her most recent job within the last 30 days. If DSS learns that a household has lost a source of income after the date of application but before the household is certified, determine whether a voluntary quit occurred.

3) In the case of a participating household, determine whether any household member voluntarily quit his or her job or reduced work his or her hours, while participating in the FSP.

4) Upon a determination that the individual voluntarily quit employment, determine if the voluntary quit was with good cause as defined in DSSM 9026.3. In the case of an applicant household, if the voluntary quit was without good cause, the individual's application for participation will be denied and the appropriate period of ineligibility imposed per DSSM 9026.2

, while participating in the FSP.

If DSS determines that an individual voluntarily quit his/her job or reduced his/her work hours while participating in the program or discovers a quit or reduction of work hours which occurred within thirty (30) days prior to application or between application and certification, provide a notice of adverse action within ten (10) days after the determination of a voluntary quit is made. The notification must contain the proposed period of ineligibility and must specify that the individual may reapply at the end of the sanction. The periods of ineligibility are imposed according to DSSM 9026.2, and are effective upon the issuance of the notice of denial.

If a voluntary quit or reduction in work effort occurs in the last month of a certification period, or it is determined in the last 30 days of the certification period, the individual must be denied recertification for a period equal to the appropriate period of ineligibility. The beginning of the sanction starts with the first day after the last certification period ends and continues for the length of the sanction period, regardless of whether the individual reapplies for food benefits.

5) If an application for participation is filed in the last month of the sanction period, use the same application for the denial of benefits in the remaining month of the sanction and certification for any subsequent month(s) if all other eligibility criteria are met.

13 DE Reg

s and continues for the length of the sanction period, regardless of whether the individual reapplies for food benefits.

13 DE Reg. 1335 (04/01/10)

9026.2 Periods of Ineligibility (Sanction Periods)

When an individual voluntarily quits a job or voluntarily reduces work hours to less than 30 hours per week and becomes ineligible to participate in the Food Supplement Program, the periods of ineligibility are as follows:

·First violation, the individual will remain ineligible for a one month period after the date of ineligibility.

·Second violation, the individual will remain ineligible for a three month period after the date of ineligibility.

·Third violation, the individual will remain ineligible for a six month period after the date of ineligibility.

Determine whether good cause for the job quit exists, per DSSM 9025 and 9026.4. Within ten (10) days of the DSS determination that the non-compliance was without good cause, provide the individual with a notice of adverse action. The notice must contain the particular act of non-compliance committed, the proposed sanction period, and a statement that the individual may reapply at the end of the sanction period. Include information describing the action that can be taken to end or avoid the sanction.

The sanction period begins with the first month following the expiration of the adverse notice period, unless a fair hearing is requested. Individuals may appeal DSS actions such as DSS refusal to make a finding of good cause.

If the individual with the job quit sanction moves to another food benefit household, the sanction would follow the person.

13 DE Reg

be taken to end or avoid the sanction.

If the individual with the job quit sanction moves to another food benefit household, the sanction would follow the person.

13 DE Reg. 1335 (04/01/10)

9026.3 Exemptions From Voluntary Quit Provisions

Persons exempt from the full-time work registration provisions are also exempt from voluntary quit provisions (See DSSM 9018.3).

13 DE Reg. 1335 (04/01/10)

9026.4 Good Cause

Good cause for leaving employment includes the good cause provisions found in DSSM 9025 and resigning from a job that does not meet the suitability criteria specified at DSSM 9022. Good cause for leaving employment also includes:

1) Discrimination by an employer based on age, race, sex, color, disability, religious beliefs, national origin, or political beliefs;

2) Work demands or conditions that under continued employment would be unreasonable, such as working without being paid on schedule;

3) Acceptance by the head of household of employment, or enrollment at least half-time in any recognized school, training program or institution of higher education, that requires the head of household to leave employment;

4) Acceptance by another household member of employment or enrollment at least half- time in any recognized school, training program, or institution of higher education in another county which requires the household to move and thereby requires the head of household to leave employment;

5) Resignations by persons under the age of 60 which are recognized by the employer as retirement;

6) Employment which becomes unsuitable by not meeting the criteria specified in DSSM 9022 after the acceptances of such employment;

7) Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by

;

5) Resignations by persons under the age of 60 which are recognized by the employer as retirement;

6) Employment which becomes unsuitable by not meeting the criteria specified in DSSM 9022 after the acceptances of such employment;

7) Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours which, because of circumstances beyond the control of the head of household, subsequently either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the federal minimum wage multiplied by 30 hours; and

8) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for food benefits between jobs, particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of previous employment will be considered as with good cause if it is part of the pattern of that type of employment.

13 DE Reg. 1335 (04/01/10)

9026.5 Voluntary Quit Verification

If the information given by the household is ques

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