Food Assistance Program Case Processing

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.602Food Assistance Program Case Processing

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49, No. 90, May 8, 2014, issue of the Florida Administrative Register.

 

65A-1.602 Food Assistance Program Case Processing.

(1) through (4) No change.

(5) Able Bodied Adults Without Dependents (ABAWD). ABAWDs are required to report whenever their hours of employment are less than 20 hours per week, averaged monthly. They may have their certification period shortened in order to comply with the time limit provisions assigned to them. The CF-ES Form 2095, Food Assistance Work Registration, 7/2014, incorporated by reference, is used to inform food assistance participants about work participation requirements.

(6) Simplified Reporting (SR): Simplified Reporting is implemented pursuant to 7 CFR 273.12(a)(5) without a waiver and applies to all AGs except those that meet the criteria in subsection (4) or (5). AGs assigned to the SR category will have a six-month certification period except for those that meet the criteria in subsection (4). AGs assigned to SR are only required to report a change in income and circumstances during the certification period when an income change causes their gross income to exceed 130 percent of the Federal Poverty Level for their AG size. Gross income means the amount of all earned and unearned income before any deductions, such as taxes, are applied. The change in income must be reported within the first ten days of the month, following the month of change. Voluntarily reported changes will be processed as a required change when received and verification is provided according to regular food assistance processing procedures. The food assistance reporting requirements, per 7 CFR 273.12(a)(5)(v), do not change the reporting requirements for other programs such as Medicaid and Temporary Cash Assistance. The CF-ES Form 3052A, Change Report for Public Assistance Case, 7/2014, incorporated by reference, can be used to report beneficial changes.

(7) Child Support Enforcement (CSE) Cooperation. In accordance with Section 414.32, F.S. and 7 CFR 273.11(o)(1), Child Support Enforcement cooperation by a custodial parent or caretaker relative is required as a condition of eligibility for their food assistance when an absent parent exists in accordance with Section 414.32, F.S,. and 7 CFR 273.11(o), unless good cause for non-cooperation exists. For the purposes of this section, “absent parent” is defined as a putative or identified noncustodial parent of a child under 18 years of age.

(a) When an application for benefits is received, iInformation on good cause criteria will be provided when application for benefits is received being made using CF-ES Form 2641, Claim Notice Good Cause for Refusal to Cooperate, 4/2014 May 05, incorporated by reference. Copies of forms and materials incorporated by reference in this rule may be obtained by the public from the ACCESS Florida Headquarter’s Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s web site at http://www.myflfamilies.com/service-programs/access-florida-food-medical-assistance-cash/common-access-florida-forms.

(b) Right to Claim Good Cause. The right to claim good cause exists when cooperation in establishing paternity of a child born out of wedlock or in establishing, modifying, or enforcing a support order for the child or the parent or caretaker relative and the child may not be against in the best interests of the child, or the parent, or the caretaker relative and the child pursuant to 7 CFR 273.11(o)(2)(i)(B) and (C), and (2)(iii) (1)(i), (iii), or (iv) and (2), or if cooperation is expected to result in at least one of the following:. In accordance with subsection 12E-1.008(5) and subparagraph (5)(c)1.-4., F.A.C., good cause shall be determined by the Department of Revenue Child Support Enforcement on food assistance only cases when the recipient provides sufficient documentation to justify the claim of good cause.

1. Physical harm to the child – examples are broken bones, bruises, burns, lacerations, etc.,

2. Emotional harm to the child – examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.,

3. Physical harm to the custodial parent or caretaker relative which reduces their capacity to care for the child adequately (such as broken bones, bruises, burns, lacerations, or life threatening injury),

4. Emotional harm to the custodial parent or caretaker relative to such a degree that their capacity to adequately care for the child is diminished (such as psychological disorder or dysfunction which has a serious negative impact on their ability as a caretaker),

5. The child was conceived as a result of incest or rape,

6. Legal proceedings for the adoption of the child are pending before a court, or

7. The custodial parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months).

(c) Upon determination by the Ddepartment of Revenue Child Support Enforcement that the custodial parent or caretaker relative’s failure to cooperate was without good cause, the application will be denied or a food assistance penalty will be imposed for the non-cooperative individual only and a notice of adverse action will be mailed to the individual pursuant to 7 C.F.R. 273.11(o)(3) and (4). The non-cooperative individual’s income will be prorated and their assets will be counted in full in determining eligibility for the remaining AG members. The remaining AG members meeting eligibility requirements may be approved. The non-cooperative individual will be excluded until verification of CSE cooperation is received by the Ddepartment.

(d) Upon verification that the individual is cooperating with CSE and all other eligibility requirements have been met, action will be taken to add the individual to the AG or to remove the sanction and reinstate food assistance benefits pursuant to 7 C.F.R. 273.11(o)(5).

(8) Food assistance filing units are categorically eligible if they meet any of the following criteria:

(a) All members receive income from Temporary Cash Assistance through a public assistance program funded under Title IV-A of the Social Security Act; or

(b) Are in a food assistance household that does not contain a member disqualified for any of the following reasons; felony drug trafficking, fleeing felon, intentional program violation, or employment and training non-compliance.

(9) Filing units who are broad-based categorically eligible:

(a) Have no net income limit

(b) Are not tested for resources (assets)

(10) The Department is using simplified income procedures for determining eligibility for food assistance.  Simplified income is found in 7 CFR 273.9(c)(3)(v) and (c)(18)-(19).

(11) The Department is using simplified resource (asset) criteria in accordance with 7 CFR 273.8(e)(19, and excluding all resources (assets), except those of filing units containing a disqualified individual.

(12) If an individual meets a criteria for food assistance disqualification, that individual will be disqualfied for Temporary Cash Assistance, and if an individual will be disqualified for Temporary Cash Assistance that individual will be disqualified for food assistance,  in accordance with 7 CFR 273.11(k).

(13)(8) Food assistance benefits are issued through the Electronic Benefit Transfer (EBT) system.

(14)(9) Benefit Availability.

(a) Food assistance availability dates are staggered over the first 15 days of each month. Benefit availability to AGs is based on the terminal digits of the AG’s case number. AGs are able to receive their monthly allotment on their assigned availability date or any subsequent day in that month. Food assistance benefits placed in the EBT account may be accessed for 365 days after the date of their initial availability in the account.

(b) The EBT system supports mass overrides of benefit availability dates in instances of disasters or other emergencies. This permits individuals in areas where hurricanes or other disasters are threatening to be able to access their benefits earlier to prepare for such events.

Rulemaking Authority 414.45, 402.82 FS. Law Implemented 402.82, 414.31, 414.32 FS. History–New 1-31-94, Formerly 10C-1.602, Amended 7-29-01, 4-17-06,_________.

 

Incorporated Documents The following forms, incorporated by reference, have been amended due to substantive changes or addition to the rule.  The summary of those changes are as follows:

CF-ES 2095

This form has been added to the proposed rule, and technical changes have been made to the existing form.

CF-ES 3052A

This form has been added to the proposed rule, and technical changes have been made to the existing form.

CF-ES 2641

This form has been revised per comments from JAPC to eliminate “Sworn” regarding good cause statements, and to add a reference to the rule which incorporates it by reference.