Title 921 | Chapter 003 | Regulation 027
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Family Support
(Amendment)
921 KAR 3:027.Technical requirements.
Section 1.
Definitions.(1)
"Exempt" means excused by the department from participation in the Supplemental Nutrition Assistance Program Employment and Training Program (E&T).(2)
"Qualified immigrant" has the same meaning as "qualified alien", as defined by 7 C.F.R. 273.4.(3)
"Student" means a person who is between the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and enrolled at least half-time in an institution of higher education.Section 2.
Technical Eligibility. In accordance with 7 C.F.R. Parts 271 through 285 promulgated by the Food and Nutrition Service (FNS), of the United States Department of Agriculture, the cabinet shall utilize national uniform requirements of technical eligibility for SNAP.Section 3.
Technical Eligibility Criteria. Technical eligibility requirements shall apply to all households and consist of the criteria established in this section.(1)
Residency. A household:(a)
Shall reside in the county in which the household receives benefits; and(b)
May apply for benefits in any county in accordance with 921 KAR 3:030, Section 3.(2)
Identity.(a)
The applicant's identity shall be verified; and(b)
If an authorized representative applies for the household, the applicant's and the authorized representative's identities shall be verified.(3)
Citizenship and immigration status.(a)
An individual shall satisfy the citizenship and immigration status requirement if the individual is a:1.
Citizen of the United States;2.
U.S. noncitizen national; or3.
Qualified immigrant who is lawfully residing in Kentucky.(b)
Except as provided in paragraph (c) of this subsection, an individual whose status is questionable shall be ineligible to participate until verified.(c)
An individual whose status is pending verification from a federal agency shall be eligible to participate for up to six (6) months from the date of the original request for verification.(d)
A single household member shall attest in writing to the citizenship or immigration status requirements as established in 921 KAR 3:030 for each household member.(4)
Household size. If information is obtained by the Department for Community Based Services (DCBS) that household size differs from the household's stated size, the size of household shall be verified through readily available documentary evidence or through a collateral contact.(5)
Students. A student shall be ineligible to participate unless the student is:(a)
1.
Engaged in paid employment for an average of twenty (20) hours per week; or2.
If self-employed, employed for an average of twenty (20) hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty (20) hours;(b)
Participating in a state or federally financed work study program during the regular school year;(c)
Responsible for the care of a dependent household member under the age of six (6);(d)
Responsible for the care of a dependent household member who has reached the age of six (6), but is under age twelve (12) and for whom the cabinet has determined that adequate child care is not available to enable the individual to attend class and to satisfy the work requirements of paragraphs (a) or (b) of this subsection;(e)
Receiving benefits from the Kentucky Transitional Assistance Program (KTAP)(f)
Assigned to or placed in an institution of higher learning through a program pursuant to:1.
7 C.F.R. 273.5(a);2.
45 C.F.R. 261.2; or3.
19 U.S.C. 2296;(g)
Enrolled in an institution of higher learning as a result of participation in a work incentive program pursuant to 42 U.S.C. 681;(h)
Enrolled in an institution of higher learning as a result of participation in E&T in accordance with 921 KAR 3:042;(i)
A single parent with responsibility for the care of a dependent household member under age twelve (12); or(j)
Enrolled at least half-time in an institution of higher education and:1.
Eligible to participate in a state or federally financed work study program during the regular school year; or2.
Has an expected family contribution of $0 in the current academic year pursuant to 20 U.S.C. 28 Part F.(6)
Social Security number (SSN).(a)
Households applying for or participating in SNAP shall comply with SSN requirements by providing the SSN of each household member or applying for a number prior to certification.(b)
Failure to comply without good cause shall be determined for each household member and shall result in an individual's disqualification from participation in SNAP until this requirement is met.(7)
Work registration. All household members, unless exempt, shall be required to comply with the work registration requirements established in Section 4 of this administrative regulation.(8)
Work requirement.(a)
Except for individuals who may be eligible for up to three (3) additional months in accordance with paragraph (e) of this subsection, an individual shall not be eligible to participate in SNAP as a member of a household if the individual received SNAP for more than three (3) countable months during any three (3) year period, during which the individual did not:1.
Work eighty (80) hours or more per month;2.
Participate in and comply with the requirements of the E&T component pursuant to 7 U.S.C. 2015(d) for twenty (20) hours or more per week;3.
Participate in and comply with the requirements of a program pursuant to:a.
7 C.F.R. 273.5(a); orb.
19 U.S.C. 2296;4.
Participate in and comply with the requirements established in 921 KAR 3:042; or5.
Receive SNAP benefits pursuant to paragraph (b), (c), or (d) of this subsection.(b)
Paragraph (a) of this subsection shall not apply to an individual if the individual is:1.
Within the age ranges established in 7 U.S.C. 2015(o)(3)(A)2.
Physically or mentally unfit for employment as determined by the cabinet;3.
A parent or other adult member of a household containing a dependent child under the age of eighteen (18);4.
Exempt from work registration pursuant to Section 4(4) of this administrative regulation;5.
Pregnant;6.
A homeless individual;7.
A veteran; or8.
An individual who is twenty-four (24) years of age or younger and was in foster care on the date of attaining eighteen (18) years of age.(c)
Paragraph (a) of this subsection shall not apply if, pursuant to an approved waiver by FNS, the county or area in which the individual resides:1.
Has an unemployment rate of over ten (10) percent; or2.
Does not have a sufficient number of jobs to provide employment.(d)
Subsequent eligibility.1.
An individual denied eligibility pursuant to paragraph (a) of this subsection shall regain eligibility to participate in SNAP if, during a thirty (30) day period, the individual meets one of the conditions of paragraph (a)1. through 4. of this subsection, or the individual was not meeting the work requirements in accordance with paragraph (b) of this subsection.2.
An individual who regains eligibility pursuant to subparagraph 1. of this paragraph shall remain eligible as long as the individual meets the requirements of subparagraph 1. of this paragraph.(e)
Loss of employment or training.1.
An individual who regains eligibility pursuant to paragraph (d)1. of this subsection and who no longer meets the requirements of paragraph (a)1. through 4. of this subsection shall remain eligible for a consecutive three (3) month period, beginning on the date the individual first notifies the cabinet that the individual no longer meets the requirements of paragraph (a)1. through 4. of this subsection.2.
An individual shall not receive benefits pursuant to subparagraph 1. of this paragraph for more than a single three (3) month period in any three (3) year period.(f)
If the individual does not meet all other technical and financial eligibility criteria pursuant to 7 U.S.C. 2011, nothing in this section shall make an individual eligible for SNAP benefits.(9)
Quality control. Refusal to cooperate in completing a quality control review shall result in termination of the participating household's benefits.(10)
Drug felons. An individual convicted under federal or state law of an offense classified as a felony by the law of the jurisdiction involved and that has an element of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 862(a), may remain eligible for SNAP benefits if the individual meets the requirements established in KRS 205.2005.(11)
Child support arrears.(a)
In accordance with 7 C.F.R. 273.11(q) to disqualify a noncustodial parent for refusing to cooperate, a noncustodial parent of a child under the age of eighteen (18) shall not be eligible to participate in SNAP if the individual is delinquent in payment of court-ordered support as determined by the Department for Income Support, Child Support Enforcement, unless the individual:1.
Is enrolled in a drug treatment program;2.
Is participating in a state or federally funded employment training program;3.
Meets good cause for nonpayment. Good cause shall include temporary situations resulting from illness, job change, or pendency of unemployment benefits;4.
Is a member of a household containing a child under the age of eighteen (18);5.
Is a member of a household containing an individual who is pregnant or three (3) months post-partum; or6.
Is:a.
Within twelve (12) months of incarceration for a period of at least thirty (30) days; andb.
Cooperating with the Department for Income Support, Child Support Enforcement.(b)
The disqualification of an individual in accordance with paragraph (a) of this subsection shall be in place as long as the individual remains delinquent as determined by Department for Income Support, Child Support Enforcement.(c)
The income, expenses, and resources of an individual disqualified in accordance with paragraph (a) of this subsection shall be processed in accordance with 921 KAR 3:035, Section 5(4).Section 4.
Work Registration.(1)
Unless a household member is exempt from work requirements as established in subsection (4) of this section, a household member shall register for work:(a)
At the time of initial application for SNAP; and(b)
Every twelve (12) months following the initial application.(2)
Work registration shall be completed by the:(a)
Member required to register; or(b)
Person making application for the household.(3)
Unless otherwise exempt, a household member excluded from the SNAP case shall register for work during periods of disqualification. An excluded person shall be an:(a)
Ineligible immigrant; or(b)
Individual disqualified for:1.
Refusing to provide or apply for a Social Security number; or2.
An intentional program violation.(4)
An individual meeting the criteria of 7 C.F.R. 273.7(b)(1) shall be exempt from work registration requirements.(5)
A household member who loses exemption status due to a change in circumstances shall register for work in accordance with 7 C.F.R. 273.7(b)(2).(6)
After registering for work, a nonexempt household member shall:(a)
Respond to a cabinet request for additional information regarding employment status or availability for work;(b)
In accordance with 7 C.F.R. 273.7(a)(1)(vi), accept a bona fide offer of suitable employment pursuant to 7 C.F.R. 273.7(h), at a wage not lower than the state or federal minimum wage; or(c)
In accordance with 7 C.F.R. 273.7(a)(1)(ii), participate in the E&T Program if assigned by the cabinet.(7)
A household member making a joint application for SSI and SNAP in accordance with 921 KAR 3:035 shall have work requirements waived in accordance with 7 C.F.R. 273.7(a)(6).(8)
The cabinet's E&T worker shall explain to the SNAP applicant the:(a)
Work requirements for each nonexempt household member;(b)
Rights and responsibilities of the work-registered household members; and(c)
Consequences of failing to comply.Section 5.
Determining Good Cause.(1)
A determination of good cause shall be undertaken if a:(a)
Work registrant has failed to comply with work registration requirements as established in Section 4 of this administrative regulation; or(b)
Household member has, pursuant to Section 7 of this administrative regulation, voluntarily:1.
Quit a job; or2.
Reduced the household member's work effort.(2)
In accordance with 7 C.F.R. 273.7(i)(2), good cause shall be granted for circumstances beyond the control of the individual, such as:(a)
Illness of the individual;(b)
Illness of another household member requiring the presence of the individual;(c)
A household emergency;(d)
Unavailability of transportation; or(e)
Lack of adequate care for a child who is six (6) to twelve (12) years of age for whom the individual is responsible.(3)
Good cause for leaving employment shall be granted if:(a)
A circumstance established in subsection (2) of this section exists;(b)
The employment became unsuitable in accordance with 7 C.F.R. 273.7(h); or(c)
A circumstance established in 7 C.F.R. 273.7(i)(3) exists.Section 6.
Disqualification.(1)
A participant shall be disqualified from the receipt of SNAP benefits if the participant:(a)
Fails to comply with the work registration requirements; or(b)
Is determined to have voluntarily, without good cause, quit a job or reduced the work effort as established in Section 5 of this administrative regulation.(2)
An individual disqualified from participation in SNAP shall be ineligible to receive SNAP benefits until the latter of the:(a)
Date the individual complies; or(b)
Lapse of the following time periods:1.
Two (2) months for the first violation;2.
Four (4) months for the second violation; or3.
Six (6) months for the third or a subsequent violation.(3)
Ineligibility shall continue until the ineligible member:(a)
Becomes exempt from the work registration; or(b)
1.
Serves the disqualification period established in subsection (2)(b) of this section; and2.
Complies with the work registration requirements.(4)
A disqualified household member who joins a new household shall:(a)
Remain ineligible for the remainder of the disqualification period established in subsection (2)(b) of this section;(b)
Have income and resources counted with the income and resources of the new household; and(c)
Not be included in the household size in the determination of the SNAP allotment.Section 7.
Disqualification for Voluntary Quit or Reduction in Work Effort.(1)
Within thirty (30) days prior to application for SNAP or any time after application, an individual shall not be eligible to participate in SNAP if the individual voluntarily, without good cause:(a)
Quits a job:1.
Of thirty (30) hours or more per week; and2.
With weekly earnings at least equal to the federal minimum wage times thirty (30) hours; or(b)
Reduces the individual's work effort:1.
To less than thirty (30) hours per week; and2.
So that after the reduction, weekly earnings are less than the federal minimum wage times thirty (30) hours.(2)
The cabinet shall impose a disqualification period established in Section 6(2)(b) of this administrative regulation on an individual meeting subsection (1)(a) or (1)(b) of this section.Section 8.
Curing Disqualification for Voluntary Quit or Reduction in Work Effort.(1)
Eligibility and participation may be reestablished by:(a)
Securing new employment with salary or hours comparable to the job quit;(b)
Increasing the number of hours worked to the amount worked prior to the work effort reduction and disqualification; or(c)
Serving the minimum period of disqualification imposed pursuant to Section 6(2)(b) of this administrative regulation.(2)
If the individual applies again and is determined to be eligible, an individual may reestablish participation in SNAP.(3)
If an individual becomes exempt from work registration, the disqualification period shall end, and the individual shall be eligible to apply to participate in SNAP.Section 9.
Hearing Process. If aggrieved by a cabinet action or inaction that affects participation, a SNAP participant may request a hearing in accordance with 921 KAR 3:070.LESA DENNIS, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 22, 2023
FILED WITH LRC: October 9, 2023 at 3:10 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 27, 2023, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 18, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until December 31, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the technical requirements to receive Supplemental Nutrition Assistance Program (SNAP), which is assistance for low-income households in purchasing eligible food products.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the technical requirements for eligibility to receive SNAP assistance.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes through its establishment of technical requirements for SNAP eligibility.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing technical requirements for SNAP.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The Fiscal Responsibility Act (F.R.A.) of 2023 (Pub. L. 118-5) amended the age of individuals receiving SNAP who are exempted from time limits without meeting work requirements. Previously, individuals aged fifty (50) or older were exempted from these time limits to receive SNAP. The Act included that this age will increase gradually over time, lessening the number of individuals who meet this exemption. The age increases from 50 to 52 in FFY24, 54 years of age in FFY24, and 56 years of age in FFY25 until Oct 1, 2030, when the Act temporary expansions end. The F.R.A. also made SNAP more accessible to homeless individuals, veterans, and former foster youth through age 24.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to conform to federal law.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment increases the age range of SNAP individuals subject to work requirement time limits in order to comply with federal requirements of the newly-passed F.R.A. of 2023. The amendment includes an exemption from this time limit for specific individuals.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will allow Kentucky to be in compliance with federal SNAP rules and requirements.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All SNAP recipients subject to work time limits will be affected. In August 2023, there were 40,497 active SNAP recipients subject to these rules.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Currently, 40,497 individuals aged 18–49 years old meeting the criteria of being an Able-Bodied Adult Without Dependents (ABAWD) cannot receive SNAP more than three (3) months unless they participate in an approved work component. This age will increase over the next few years as a result of recently-passed federal legislation. There will be an increase in ABAWDs that have to comply with work requirements; however, homeless individuals, veterans, and former foster youth through age 24 are being included in the time limit exemption.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to identified entities unless individuals incur personal transportation costs to participate in work activities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Affected entities may continue to receive SNAP benefits by complying with work requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$100,000 or less for system design and staff training.
(b) On a continuing basis:
There is no ongoing cost for implementation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
SNAP benefits are 100% federally funded by the U.S. Department of Agriculture. Program administrative costs are funded 50% federal and 50% state and have been appropriated in the enacted budget.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There are no increases in fees or funding required with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as this administrative regulatory amendment will be applied in a like manner on a statewide basis.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Public Law 118-5, the Fiscal Responsibility Act of 2023
(2) State compliance standards.
KRS 194A.050(1), 205.2005
(3) Minimum or uniform standards contained in the federal mandate.
7 C.F.R. 271.4, 272, 273
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Cabinet for Health and Family Services, Department for Community Based Services, will be impacted by the administrative regulation amendment by implementing federal amendments.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Public Law 118-5, the Fiscal Responsibility Act of 2023, KRS 194A.050(1) and 205.2005, 7 C.F.R. 271.4, 272, 273.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to the administrative regulation will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This amendment to the administrative regulation will not generate revenue in future years.
(c) How much will it cost to administer this program for the first year?
There will be a one-time agency cost for design changes to the web-based eligibility system used for SNAP. This is estimated to be less than $100,000.
(d) How much will it cost to administer this program for subsequent years?
This amendment does not affect the on-going cost of administering the SNAP program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No savings will be generated by this amendment.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No savings are anticipated from this amendment.
(c) How much will it cost the regulated entities for the first year?
There is no cost to affected entities in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There are no ongoing costs to affected entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. No major economic impact is anticipated.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Family Support
(Amendment)
921 KAR 3:027.Technical requirements.
Section 1.
Definitions.(1)
"Exempt" means excused by the department from participation in the Supplemental Nutrition Assistance Program Employment and Training Program (E&T).(2)
"Qualified immigrant" has the same meaning as "qualified alien", as defined by 7 C.F.R. 273.4.(3)
"Student" means a person who is between the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and enrolled at least half-time in an institution of higher education.Section 2.
Technical Eligibility. In accordance with 7 C.F.R. Parts 271 through 285 promulgated by the Food and Nutrition Service (FNS), of the United States Department of Agriculture, the cabinet shall utilize national uniform requirements of technical eligibility for SNAP.Section 3.
Technical Eligibility Criteria. Technical eligibility requirements shall apply to all households and consist of the criteria established in this section.(1)
Residency. A household:(a)
Shall reside in the county in which the household receives benefits; and(b)
May apply for benefits in any county in accordance with 921 KAR 3:030, Section 3.(2)
Identity.(a)
The applicant's identity shall be verified; and(b)
If an authorized representative applies for the household, the applicant's and the authorized representative's identities shall be verified.(3)
Citizenship and immigration status.(a)
An individual shall satisfy the citizenship and immigration status requirement if the individual is a:1.
Citizen of the United States;2.
U.S. noncitizen national; or3.
Qualified immigrant who is lawfully residing in Kentucky.(b)
Except as provided in paragraph (c) of this subsection, an individual whose status is questionable shall be ineligible to participate until verified.(c)
An individual whose status is pending verification from a federal agency shall be eligible to participate for up to six (6) months from the date of the original request for verification.(d)
A single household member shall attest in writing to the citizenship or immigration status requirements as established in 921 KAR 3:030 for each household member.(4)
Household size. If information is obtained by the Department for Community Based Services (DCBS) that household size differs from the household's stated size, the size of household shall be verified through readily available documentary evidence or through a collateral contact.(5)
Students. A student shall be ineligible to participate unless the student is:(a)
1.
Engaged in paid employment for an average of twenty (20) hours per week; or2.
If self-employed, employed for an average of twenty (20) hours per week and receiving weekly earnings at least equal to the federal minimum wage multiplied by twenty (20) hours;(b)
Participating in a state or federally financed work study program during the regular school year;(c)
Responsible for the care of a dependent household member under the age of six (6);(d)
Responsible for the care of a dependent household member who has reached the age of six (6), but is under age twelve (12) and for whom the cabinet has determined that adequate child care is not available to enable the individual to attend class and to satisfy the work requirements of paragraphs (a) or (b) of this subsection;(e)
Receiving benefits from the Kentucky Transitional Assistance Program (KTAP);(f)
Assigned to or placed in an institution of higher learning through a program pursuant to:1.
7 C.F.R. 273.5(a);2.
45 C.F.R. 261.2; or3.
19 U.S.C. 2296;(g)
Enrolled in an institution of higher learning as a result of participation in a work incentive program pursuant to 42 U.S.C. 681;(h)
Enrolled in an institution of higher learning as a result of participation in E&T in accordance with 921 KAR 3:042;(i)
A single parent with responsibility for the care of a dependent household member under age twelve (12); or(j)
Enrolled at least half-time in an institution of higher education and:1.
Eligible to participate in a state or federally financed work study program during the regular school year; or2.
Has an expected family contribution of $0 in the current academic year pursuant to 20 U.S.C. 28 Part F.(6)
Social Security number (SSN).(a)
Households applying for or participating in SNAP shall comply with SSN requirements by providing the SSN of each household member or applying for a number prior to certification.(b)
Failure to comply without good cause shall be determined for each household member and shall result in an individual's disqualification from participation in SNAP until this requirement is met.(7)
Work registration. All household members, unless exempt, shall be required to comply with the work registration requirements established in Section 4 of this administrative regulation.(8)
Work requirement.(a)
Except for individuals who may be eligible for up to three (3) additional months in accordance with paragraph (e) of this subsection, an individual shall not be eligible to participate in SNAP as a member of a household if the individual received SNAP for more than three (3) countable months during any three (3) year period, during which the individual did not:1.
Work eighty (80) hours or more per month;2.
Participate in and comply with the requirements of the E&T component pursuant to 7 U.S.C. 2015(d) for twenty (20) hours or more per week;3.
Participate in and comply with the requirements of a program pursuant to:a.
7 C.F.R. 273.5(a); orb.
19 U.S.C. 2296;4.
Participate in and comply with the requirements established in 921 KAR 3:042; or5.
Receive SNAP benefits pursuant to paragraph (b), (c), or (d) of this subsection.(b)
Paragraph (a) of this subsection shall not apply to an individual if the individual is:1.
Within the age ranges established in 7 U.S.C. 2015(o)(3)(A);2.
Physically or mentally unfit for employment as determined by the cabinet;3.
A parent or other adult member of a household containing a dependent child under the age of eighteen (18);4.
Exempt from work registration pursuant to Section 4(4) of this administrative regulation;5.
Pregnant;6.
A homeless individual;7.
A veteran; or8.
An individual who is twenty-four (24) years of age or younger and was in foster care on the date of attaining eighteen (18) years of age.(c)
Paragraph (a) of this subsection shall not apply if, pursuant to an approved waiver by FNS, the county or area in which the individual resides:1.
Has an unemployment rate of over ten (10) percent; or2.
Does not have a sufficient number of jobs to provide employment.(d)
Subsequent eligibility.1.
An individual denied eligibility pursuant to paragraph (a) of this subsection shall regain eligibility to participate in SNAP if, during a thirty (30) day period, the individual meets one of the conditions of paragraph (a)1. through 4. of this subsection, or the individual was not meeting the work requirements in accordance with paragraph (b) of this subsection.2.
An individual who regains eligibility pursuant to subparagraph 1. of this paragraph shall remain eligible as long as the individual meets the requirements of subparagraph 1. of this paragraph.(e)
Loss of employment or training.1.
An individual who regains eligibility pursuant to paragraph (d)1. of this subsection and who no longer meets the requirements of paragraph (a)1. through 4. of this subsection shall remain eligible for a consecutive three (3) month period, beginning on the date the individual first notifies the cabinet that the individual no longer meets the requirements of paragraph (a)1. through 4. of this subsection.2.
An individual shall not receive benefits pursuant to subparagraph 1. of this paragraph for more than a single three (3) month period in any three (3) year period.(f)
If the individual does not meet all other technical and financial eligibility criteria pursuant to 7 U.S.C. 2011, nothing in this section shall make an individual eligible for SNAP benefits.(9)
Quality control. Refusal to cooperate in completing a quality control review shall result in termination of the participating household's benefits.(10)
Drug felons. An individual convicted under federal or state law of an offense classified as a felony by the law of the jurisdiction involved and that has an element of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 862(a), may remain eligible for SNAP benefits if the individual meets the requirements established in KRS 205.2005.(11)
Child support arrears.(a)
In accordance with 7 C.F.R. 273.11(q) to disqualify a noncustodial parent for refusing to cooperate, a noncustodial parent of a child under the age of eighteen (18) shall not be eligible to participate in SNAP if the individual is delinquent in payment of court-ordered support as determined by the Department for Income Support, Child Support Enforcement, unless the individual:1.
Is enrolled in a drug treatment program;2.
Is participating in a state or federally funded employment training program;3.
Meets good cause for nonpayment. Good cause shall include temporary situations resulting from illness, job change, or pendency of unemployment benefits;4.
Is a member of a household containing a child under the age of eighteen (18);5.
Is a member of a household containing an individual who is pregnant or three (3) months post-partum; or6.
Is:a.
Within twelve (12) months of incarceration for a period of at least thirty (30) days; andb.
Cooperating with the Department for Income Support, Child Support Enforcement.(b)
The disqualification of an individual in accordance with paragraph (a) of this subsection shall be in place as long as the individual remains delinquent as determined by Department for Income Support, Child Support Enforcement.(c)
The income, expenses, and resources of an individual disqualified in accordance with paragraph (a) of this subsection shall be processed in accordance with 921 KAR 3:035, Section 5(4).Section 4.
Work Registration.(1)
Unless a household member is exempt from work requirements as established in subsection (4) of this section, a household member shall register for work:(a)
At the time of initial application for SNAP; and(b)
Every twelve (12) months following the initial application.(2)
Work registration shall be completed by the:(a)
Member required to register; or(b)
Person making application for the household.(3)
Unless otherwise exempt, a household member excluded from the SNAP case shall register for work during periods of disqualification. An excluded person shall be an:(a)
Ineligible immigrant; or(b)
Individual disqualified for:1.
Refusing to provide or apply for a Social Security number; or2.
An intentional program violation.(4)
An individual meeting the criteria of 7 C.F.R. 273.7(b)(1) shall be exempt from work registration requirements.(5)
A household member who loses exemption status due to a change in circumstances shall register for work in accordance with 7 C.F.R. 273.7(b)(2).(6)
After registering for work, a nonexempt household member shall:(a)
Respond to a cabinet request for additional information regarding employment status or availability for work;(b)
In accordance with 7 C.F.R. 273.7(a)(1)(vi), accept a bona fide offer of suitable employment pursuant to 7 C.F.R. 273.7(h), at a wage not lower than the state or federal minimum wage; or(c)
In accordance with 7 C.F.R. 273.7(a)(1)(ii), participate in the E&T Program if assigned by the cabinet.(7)
A household member making a joint application for SSI and SNAP in accordance with 921 KAR 3:035 shall have work requirements waived in accordance with 7 C.F.R. 273.7(a)(6).(8)
The cabinet's E&T worker shall explain to the SNAP applicant the:(a)
Work requirements for each nonexempt household member;(b)
Rights and responsibilities of the work-registered household members; and(c)
Consequences of failing to comply.Section 5.
Determining Good Cause.(1)
A determination of good cause shall be undertaken if a:(a)
Work registrant has failed to comply with work registration requirements as established in Section 4 of this administrative regulation; or(b)
Household member has, pursuant to Section 7 of this administrative regulation, voluntarily:1.
Quit a job; or2.
Reduced the household member's work effort.(2)
In accordance with 7 C.F.R. 273.7(i)(2), good cause shall be granted for circumstances beyond the control of the individual, such as:(a)
Illness of the individual;(b)
Illness of another household member requiring the presence of the individual;(c)
A household emergency;(d)
Unavailability of transportation; or(e)
Lack of adequate care for a child who is six (6) to twelve (12) years of age for whom the individual is responsible.(3)
Good cause for leaving employment shall be granted if:(a)
A circumstance established in subsection (2) of this section exists;(b)
The employment became unsuitable in accordance with 7 C.F.R. 273.7(h); or(c)
A circumstance established in 7 C.F.R. 273.7(i)(3) exists.Section 6.
Disqualification.(1)
A participant shall be disqualified from the receipt of SNAP benefits if the participant:(a)
Fails to comply with the work registration requirements; or(b)
Is determined to have voluntarily, without good cause, quit a job or reduced the work effort as established in Section 5 of this administrative regulation.(2)
An individual disqualified from participation in SNAP shall be ineligible to receive SNAP benefits until the latter of the:(a)
Date the individual complies; or(b)
Lapse of the following time periods:1.
Two (2) months for the first violation;2.
Four (4) months for the second violation; or3.
Six (6) months for the third or a subsequent violation.(3)
Ineligibility shall continue until the ineligible member:(a)
Becomes exempt from the work registration; or(b)
1.
Serves the disqualification period established in subsection (2)(b) of this section; and2.
Complies with the work registration requirements.(4)
A disqualified household member who joins a new household shall:(a)
Remain ineligible for the remainder of the disqualification period established in subsection (2)(b) of this section;(b)
Have income and resources counted with the income and resources of the new household; and(c)
Not be included in the household size in the determination of the SNAP allotment.Section 7.
Disqualification for Voluntary Quit or Reduction in Work Effort.(1)
Within thirty (30) days prior to application for SNAP or any time after application, an individual shall not be eligible to participate in SNAP if the individual voluntarily, without good cause:(a)
Quits a job:1.
Of thirty (30) hours or more per week; and2.
With weekly earnings at least equal to the federal minimum wage times thirty (30) hours; or(b)
Reduces the individual's work effort:1.
To less than thirty (30) hours per week; and2.
So that after the reduction, weekly earnings are less than the federal minimum wage times thirty (30) hours.(2)
The cabinet shall impose a disqualification period established in Section 6(2)(b) of this administrative regulation on an individual meeting subsection (1)(a) or (1)(b) of this section.Section 8.
Curing Disqualification for Voluntary Quit or Reduction in Work Effort.(1)
Eligibility and participation may be reestablished by:(a)
Securing new employment with salary or hours comparable to the job quit;(b)
Increasing the number of hours worked to the amount worked prior to the work effort reduction and disqualification; or(c)
Serving the minimum period of disqualification imposed pursuant to Section 6(2)(b) of this administrative regulation.(2)
If the individual applies again and is determined to be eligible, an individual may reestablish participation in SNAP.(3)
If an individual becomes exempt from work registration, the disqualification period shall end, and the individual shall be eligible to apply to participate in SNAP.Section 9.
Hearing Process. If aggrieved by a cabinet action or inaction that affects participation, a SNAP participant may request a hearing in accordance with 921 KAR 3:070.LESA DENNIS, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 22, 2023
FILED WITH LRC: October 9, 2023 at 3:10 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 27, 2023, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 18, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until December 31, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the technical requirements to receive Supplemental Nutrition Assistance Program (SNAP), which is assistance for low-income households in purchasing eligible food products.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the technical requirements for eligibility to receive SNAP assistance.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes through its establishment of technical requirements for SNAP eligibility.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing technical requirements for SNAP.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The Fiscal Responsibility Act (F.R.A.) of 2023 (Pub. L. 118-5) amended the age of individuals receiving SNAP who are exempted from time limits without meeting work requirements. Previously, individuals aged fifty (50) or older were exempted from these time limits to receive SNAP. The Act included that this age will increase gradually over time, lessening the number of individuals who meet this exemption. The age increases from 50 to 52 in FFY24, 54 years of age in FFY24, and 56 years of age in FFY25 until Oct 1, 2030, when the Act temporary expansions end. The F.R.A. also made SNAP more accessible to homeless individuals, veterans, and former foster youth through age 24.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to conform to federal law.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment increases the age range of SNAP individuals subject to work requirement time limits in order to comply with federal requirements of the newly-passed F.R.A. of 2023. The amendment includes an exemption from this time limit for specific individuals.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will allow Kentucky to be in compliance with federal SNAP rules and requirements.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All SNAP recipients subject to work time limits will be affected. In August 2023, there were 40,497 active SNAP recipients subject to these rules.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Currently, 40,497 individuals aged 18–49 years old meeting the criteria of being an Able-Bodied Adult Without Dependents (ABAWD) cannot receive SNAP more than three (3) months unless they participate in an approved work component. This age will increase over the next few years as a result of recently-passed federal legislation. There will be an increase in ABAWDs that have to comply with work requirements; however, homeless individuals, veterans, and former foster youth through age 24 are being included in the time limit exemption.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to identified entities unless individuals incur personal transportation costs to participate in work activities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Affected entities may continue to receive SNAP benefits by complying with work requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$100,000 or less for system design and staff training.
(b) On a continuing basis:
There is no ongoing cost for implementation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
SNAP benefits are 100% federally funded by the U.S. Department of Agriculture. Program administrative costs are funded 50% federal and 50% state and have been appropriated in the enacted budget.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There are no increases in fees or funding required with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not establish any fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as this administrative regulatory amendment will be applied in a like manner on a statewide basis.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Public Law 118-5, the Fiscal Responsibility Act of 2023
(2) State compliance standards.
KRS 194A.050(1), 205.2005
(3) Minimum or uniform standards contained in the federal mandate.
7 C.F.R. 271.4, 272, 273
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Cabinet for Health and Family Services, Department for Community Based Services, will be impacted by the administrative regulation amendment by implementing federal amendments.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Public Law 118-5, the Fiscal Responsibility Act of 2023, KRS 194A.050(1) and 205.2005, 7 C.F.R. 271.4, 272, 273.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The amendment to the administrative regulation will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This amendment to the administrative regulation will not generate revenue in future years.
(c) How much will it cost to administer this program for the first year?
There will be a one-time agency cost for design changes to the web-based eligibility system used for SNAP. This is estimated to be less than $100,000.
(d) How much will it cost to administer this program for subsequent years?
This amendment does not affect the on-going cost of administering the SNAP program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No savings will be generated by this amendment.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No savings are anticipated from this amendment.
(c) How much will it cost the regulated entities for the first year?
There is no cost to affected entities in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There are no ongoing costs to affected entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. No major economic impact is anticipated.