File No. 35502
This rule was published in the December 15, 2011, issue (Vol. 2011, No. 24) of the Utah State Bulletin.
Workforce Services, Employment Development
Section R986-900-902
Options and Waivers
Notice of Proposed Rule
(Amendment)
DAR File No.: 35502
Filed: 12/01/2011 04:35:58 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to opt out of a federal waiver.
Summary of the rule or change:
Able bodied individuals will no longer be exempt from the work requirement if they reside in a county with high unemployment. Also to reflect the Department's new hours.
State statutory or constitutional authorization for this rule:
- Section 35A-1-104
- Section 35A-3-103
- Subsection 35A-1-104(4)
- Subsection 35A-4-502(1)(b)
Anticipated cost or savings to:
the state budget:
This applies to federally-funded programs so there are no costs or savings to the state budget.
local governments:
This is a federally-funded program so there are no costs or savings to the local government.
small businesses:
There will be no costs to small businesses to comply with these changes because this is a federally-funded program.
persons other than small businesses, businesses, or local governmental entities:
There will be no costs to persons to comply with these changes because there are no costs or fees associated with these proposed changes.
Compliance costs for affected persons:
There are no compliance costs associated with these changes for any affected persons because this is a federally-funded program and there are no fees or costs associated with these proposed changes.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.
Kristen Cox, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Workforce ServicesEmployment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333
Direct questions regarding this rule to:
- Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
01/17/2012
This rule may become effective on:
01/24/2012
Authorized by:
Kristen Cox, Executive Director
RULE TEXT
R986. Workforce Services, Employment Development.
R986-900. Food Stamps.
R986-900-902. Options and Waivers.
The Department administers the Food Stamp Program in compliance with federal law with the following exceptions or clarifications:
(1) The following options not otherwise found in R986-100 have been adopted by the Department where allowed by the applicable federal law or regulation:
(a) The Department has opted to hold hearings at the state level and not at the local level.
(b) The Department does not offer a workfare program for ABAWDs (Able Bodied Adults Without Dependents).
(c) An applicant is required to apply at the local office which serves the area in which they reside.
(d) The Department has opted to use the Simplified Standard Utility Allowance found in 7 USC 2014(e)(7)(C)(iii) as amended by 2002 H.R. 2646 known as Section 4104 of the Farm Bill. The Department has a mandatory standard utility allowance. This means the customer is eligible for an appropriate utility allowance at the time of application and eligibility for the appropriate allowance is re-determined at recertification or if the household moves to a different place of residence. The customer does not have the choice of using "actual" utility expenses. The Department has three utility standards that are updated annually and are available upon request. This Farm Bill option allows households in subsidized housing and households in shared living arrangements to receive the full appropriate utility allowance.
(e) The Department does not use photo ID cards. ID cards are available upon request to homeless, disabled, and elderly clients so that the client is able to use food stamp benefits at a participating restaurant.
(f) The state has opted to provide food stamp benefits through the use of an electronic benefit transfer system known as the Horizon Card.
(g) The Department counts diversion payments in the food stamp allotment calculation.
[(h) The Department has opted to exempt individuals from
mandatory participation in Food Stamp Employment and Training
activities in counties that have been designated as Labor Surplus
Areas by the Department of Labor. These counties change each year
based on Department of Labor statistics and a list of counties is
available from the Department. They are the same counties as
referenced in subsection (2)(a) below.
]([i]h) The Department has opted to use Utah's TANF vehicle
allowance rules in conjunction with the Food Stamp Program vehicle
allowance regulations at 7 CFR 273.8, as authorized by Pub. L. No.
106-387 of the Agriculture Appropriations Act 2001, Food Stamp Act
of 1977, 7 USC 2014.
([j]i) The Department has opted to count all of an ineligible
alien's resources and all but a pro rata share of the
ineligible alien's income and deductible expenses as provided
in 7 CFR 273.11(c)(3)(ii)(A).
([k]j) A client may waive his or her right to an administrative
disqualification hearing.
([l]k) A client may deduct actual, allowable expenses from self
employment, or may opt to deduct 40% of the gross income from self
employment to determine net income.
([m]l) The Department has opted to align food stamps with FEP in
determining how to count educational assistance income. That income
is counted for food stamps as provided in R986-200-235(3)(q).
([n]m) The Department has opted to do simplified reporting as
provided in 7 CFR 273.12(a)(1)(vii).
([o]n) The Department has opted to operate a Mini Simplified
Food Stamp Program under 7 CFR 273.25. Under this option, a client
receiving food stamps and FEP or FEPTP, must participate as
required in R986-200-210. A client found ineligible due to
non-compliance under R986-200-212 will also be subject to the food
stamp sanctions found in 7CFR 273.7(f)(2) unless the client meets
an exemption under food stamp regulations.
([p]o) Effective July 1, 2010, the Department will count the
full income of an ineligible alien household member for both the
gross and net income tests and for determining the level of
benefits. The deductible expenses of the ineligible alien household
member will no longer be prorated and the full value of all assets
will continue to be counted. This also applies to ineligible aliens
who are unable or unwilling to provide documentation of their alien
status. This does not apply to the following ineligible aliens:
(i) An alien who is lawfully admitted as a permanent resident.
(ii) An alien who is granted asylum under Section 208 of the INA.
(iii) An alien who is admitted as a refugee under Section 207 of the INA.
(iv) An alien who is paroled in accordance with Section 212(d)(5) of the INA.
(v) An alien whose deportation or removal has been withheld in accordance with Section 243 of the INA.
(vi) An alien who is aged, blind or disabled and is admitted for temporary or permanent residency under Section 245A(b)(1) of the INA.
(vi) An alien who is a special agricultural worker admitted for temporary residence under Section 210 (a) of the INA.
For an ineligible alien listed in this subparagraphs (i) through (vi), a prorated share of the ineligible alien's income and expenses will be counted for purposes of applying the gross and net income tests and to determine the level of benefits. The full amount of the ineligible alien's assets will count.
(2) The Department has been granted the following applicable waivers from the Food and Nutrition Service:
[(a) Certain Utah counties have been granted a waiver which
exempts ABAWDs from the work requirements of Section 824 of PRWORA.
The counties granted this waiver change each year based on
Department of Labor statistics. A list of counties granted this
waiver is available from the Department.
] ([b]a) The Department requires that a household need only report
changes in earned income if there is a change in source, the hourly
rate or salary, or if there is a change in full-time or part-time
status. A client is required to report any change in unearned
income over $25 or a change in the source of unearned income.
([c]b) The Department uses a combined Notice of Expiration and
Shortened Recertification Form. Notice of Expiration is required in
7 CFR 273.14(b)(1)(i). The Recertification Form is found under 7
CFR 273.14(b)(2)(i).
([d]c) The Department conducts the Family Nutrition Education
Program for individuals even if they are otherwise ineligible for
food stamps.
([e]d) The Department may deduct overpayments that resulted from
an IPV from a household's monthly entitlement.
([f]e) If the application was received before the 15th of the
month and the client has earned income, the certification period
can be no longer than six months. The initial certification period
may be as long as seven months if the application was received
after the 15th of the month.
([g]f) A household which had its food stamps terminated can be
reinstated during the calendar month following the month assistance
was terminated without completing a new application if the reason
for the termination is fully resolved. The reason for the
termination does not matter. Assistance will be prorated to the
date on which the client reported that the disqualifying condition
was resolved if verification is received within ten days of the
report. Assistance is reinstated for the remaining months of the
certification period and the certification period must not be
changed.
([h]g) If the Department is unable to obtain proper documentary
evidence from an employer, the Department may use Utah quarterly
wage data as the primary verification of income when calculating
overpayments.
([i]h) The Department will hold disqualification hearings by
telephone.
([j]i) All initial interviews, and recertification interviews
for households certified for 12 months or less, will have their
initial or recertification interviews conducted by telephone,
rather than in person, unless the household requests an in-person
interview or the Department determines that an in-person interview
is necessary to resolve issues that would be better facilitated
face-to-face.
([k]j) The federal regulation that requires all interviews be
scheduled for a specific date and time is waved for initial
telephone interviews. This allows clients to call anytime Monday
through Thursday from 7 am to 5:30 p.m. to complete the required
initial interview.
([l]k) To meet the student work exemption. a student enrolled in
post-secondary education half-time or more must work an average of
20 hours per week. The work hours must be averaged over the 30 days
immediately prior to the date of application or
recertification.
KEY: food stamps, public assistance
Date of Enactment or Last Substantive Amendment: [July 1, 2010]2012
Notice of Continuation: September 8, 2010
Authorizing, and Implemented or Interpreted Law: 35A-3-103
Additional Information
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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected].