Title 921 | Chapter 003 | Regulation 030REG


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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Family Support
(Amendment)

921 KAR 3:030.Application process.

Section 1.

Right to Apply or Reapply.

(1)

An individual shall have the right to apply or reapply for SNAP benefits on the same day that the household first contacts the Department for Community Based Services (DCBS) office during office hours.

(2)

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

(3)

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

(a)

Deaf; or

(b)

Hard of hearing.

(4)

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

(5)

An application shall be considered filed if:

(a)

A FS-1, Application for SNAP, containing the name, address, and signature of the applicant is received by a DCBS office; or

(b)

Application for benefits and another public assistance program is made in accordance with 921 KAR 2:040 and Section 6 of this administrative regulation.

(6)

An application shall be processed after the:

(a)

Applicant or representative is interviewed;

(b)

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

(c)

Application and all related documents are received by the DCBS office, in accordance with Section 3(1) of this administrative regulation.

Section 2.

Who May Sign an Application. An application for SNAP shall be signed by:

(1)

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

(2)

The household's authorized representative.

Section 3.

Where an Application is Filed.

(1)

Except as provided in subsection (2) of this section, an application shall be filed in any DCBS office or online at benefind.ky.gov.

(2)

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

Section 4.

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

(1)

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

(2)

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

Section 5.

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

Section 6.

Public Assistance Application Process.

(1)

A household applying for Kentucky Transitional Assistance Program (KTAP) shall be allowed to simultaneously apply for SNAP benefits. A single interview shall be conducted for both programs.

(2)

Time standards established in Section 4 of this administrative regulation shall not apply to a public assistance application. A public assistance application shall be governed by the time standards established in 921 KAR 2:035, Section 3.

(3)

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

(a)

The entire household is institutionalized;

(b)

A household member is ineligible due to a drug-related felony conviction and does not meet the criteria to remain eligible established in KRS 205.2005;

(c)

A household member is disqualified due to an intentional program violation, defined in 921 KAR 3:010;

(c)(d)

The head of the household is disqualified for failure to comply with the work requirements established in 921 KAR 3:027; or

(d)(e)

The entire household is disqualified due to lottery or gambling winnings pursuant to 921 KAR 3:020, Section 7.

(4)

A household in which any member receives, or is authorized to receive cash, in-kind, or other benefits funded under the Temporary Assistance for Needy Families (TANF) Block Grant shall be considered categorically eligible unless:

(a)

The entire household is institutionalized;

(b)

A household member is ineligible due to a drug-related felony conviction and does not meet the criteria to remain eligible established in KRS 205.2005;

(c)

A household member is disqualified due to an intentional program violation, defined in 921 KAR 3:010;

(c)(d)

The head of household is disqualified for failure to comply with the work requirements established in 921 KAR 3:027; or

(d)(e)

The entire household is disqualified due to lottery or gambling winnings pursuant to 921 KAR 3:020, Section 7.

(5)

If verified by the program, a categorically eligible household shall not be required to verify the following eligibility factors:

(a)

Resources;

(b)

Gross and net income;

(c)

Social Security number;

(d)

Sponsored immigrant information; and

(e)

Residency.

(6)

A household that receives a TANF information sheet at application, which makes the household aware of other programs for which the household may qualify, shall be considered expanded categorically eligible.

(7)

If verified by the program, an expanded categorically eligible household shall not be required to verify the following factors:

(a)

Resources;

(b)

Social Security number;

(c)

Sponsored immigrant information; and

(d)

Residency.

Section 7.

Joint SSI and SNAP Application Process. A household in which every member is an applicant or recipient of SSI shall be allowed to simultaneously apply for both SSI and SNAP in accordance with Section 3(2) of this administrative regulation.

Section 8.

Voter Registration.

(1)

In accordance with KRS 116.048 and 52 U.S.C. 20506, a SNAP applicant or recipient shall be provided the opportunity to complete an application to register to vote or update current voter registration if the applicant or recipient is:

(a)

Age eighteen (18) or over; and

(b)

Not registered to vote or not registered to vote at his or her current address.

(2)

PAFS-706, Voter Registration Rights and Declination, shall be utilized to document a SNAP applicant or recipient's choice to:

(a)

Register to vote;

(b)

Not register to vote; or

(c)

Indicate that they are currently registered to vote.

(3)

A voter registration application shall be completed if a SNAP applicant or recipient wants to:

(a)

Register to vote; or

(b)

Update voter registration to provide a new address.

(4)

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

(5)

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

(6)

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

Section 9.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"FS-1, Application for SNAP", 8/241/21; and

(b)

"PAFS-706, Voter Registration Rights and Declination", 1/21.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

LESA DENNIS, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 8, 2024
FILED WITH LRC: August 14, 2024 at 2:10 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 21, 2024, 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 October 14, 2024, 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 October 31, 2024. 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 502-564-7476; fax 502-564-7091; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jessica Hinkle or Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the application and the voter registration processes used by the Cabinet for Health and Family Services, Department for Community Based Services, in the administration of the Supplemental Nutrition Assistance Program (SNAP).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish uniform application standards for SNAP.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing an application process for SNAP.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the administration of the statutes by establishing procedures used in the administration of 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:
This amendment changes the incorporated form, FS-1, Application for SNAP, to replace the federal nondiscrimination statement with the updated federally required statement and to add a question related to convictions. The amendment deletes language related to drug felonies.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to update the nondiscrimination statement that states are federally required to include on the application for SNAP. The amendment adds a question to the FS-1 form in order to indicate if an applicant resides in a drug and alcohol addiction treatment center to assist staff in assigning the application to a specialist, removes reference to individuals with a drug felony consistent with KRS 205.2005, and adds internet utility expenses, which is now an allowable shelter deduction. The amendment removes language in Section 6(4)(b) stating that drug felons are disqualified from receiving SNAP as that is no longer accurate. The amendment will meet current federal requirements on providing nondiscrimination information to applicants.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment utilizes the current nondiscrimination statement required by the federal government.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will allow the agency to be in compliance with federal regulations and is consistent with Kentucky statutes.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The application for SNAP, the FS-1, is being amended to update the federal nondiscrimination statement and make updates related to drug treatment facilities and felonies. All SNAP applicants will use the amended form.
(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:
There are no additional actions required.
(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 complete a SNAP application.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
There are no additional requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs are associated with the amendment.
(b) On a continuing basis:
No ongoing costs are associated with the amendment.
(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. Administrative functions are funded at a 50% state and 50% federal match rate. The funding has been appropriated in the current enacted budget, and the form will continue to be printed and used as in previous years.
(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 is no increase in fees or funding required to implement this administrative regulation amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees established by this administrative regulation or amendment.
(9) TIERING: Is tiering applied?
Tiering is not applied, as the amendment will be enforced statewide.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 C.F.R. 271.2, 273.1, 273.2, 273.4, 273.5, 273.10, 273.11, 273.12, 273.14, 274, 280.1, 7 U.S.C. 2014, 2015, 42 U.S.C. 5122, 5179
(2) State compliance standards.
KRS 194A.010(2) and 194A.050(1)
(3) Minimum or uniform standards contained in the federal mandate.
The provisions of the administrative regulation comply with the federal mandate.
(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 does not impose stricter, 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.
Justification for the imposition of a stricter standard, or additional or different responsibilities or requirements, is not applicable.

FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 116.048, 194A.010(2), 194A.050(1), 7 C.F.R. 271.4, 7 C.F.R. 273.2(i), 7 U.S.C. 2011-2029
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Cabinet for Health and Family Services, Department for Community Based Services, is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The amendment will not cause changes in expenditures, revenue, or savings, as the amended form will be utilized as it is currently.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation does not affect local entities.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No change is expected.
(4) Identify additional regulated entities not listed in questions (2) or (3):
The amendment will not affect any other entities.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
No fiscal impact is anticipated as the amendment only changes a form already utilized for SNAP applications.
(b) Methodology and resources used to determine the fiscal impact:
The amendment has no fiscal impact as it only changes language on a form already being utilized and makes other updates conforming with state or federal law.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
There is no major economic impact.
(b) The methodology and resources used to reach this conclusion:
The amendment only revises the incorporated SNAP application form and makes other conforming, not substantial changes.

7-Year Expiration: 2/11/2028

Last Updated: 8/22/2024


Page Generated: 9/19/2024, 12:15:11 PM