Background Information

A final rule was published in the April 29, 2003 Federal Register entitled "Food Stamp Program: Anticipating Income and Reporting Changes." This rule finalizes provisions of a proposed rule published December 17, 1996.

Implementation

The proposed rules are to be applied at applications or reapplications filed on or after November 1, 2003, or to changes reported on or after November 1, 2003. If no revisions are made to the proposed rules prior to the finalization by JCARR, they will become effective on a permanent basis on November 1, 2003. If changes are necessary, a copy of the revised rules will be forwarded to you at that time.

All food stamp AGs not subject to semi-annual reporting, except for AGs in which all members are elderly or disabled (as defined in 5101:4-1-03), must be converted to a limit of six month certification periods by January 1, 2004. If warranted, AGs under paragraph (A) of 5101:4-7-01 may have certification periods of less than six months (this conversion process may be handled through a CRIS-E mass change or some other method).

5101:4-2-09 Food stamps: verification procedure

Paragraph (O) has been amended to state that the county agency is not required to reverify unearned income if the source has not changed and the amount has changed by fifty dollars or less since the last time they were verified.

5101:4-4-31 Food stamps: anticipating income

Paragraph (A) has been amended to state that the county agency must average income in cases where the receipt of income is reasonably certain but the monthly amount may fluctuate.

Paragraph (I) has been amended to state that except for destitute AGs, income received on a monthly basis but whose amount fluctuates from month-to-month and income received less often than monthly must be averaged. In addition, an average must be recalculated at recertification and in response to changes in income, in accordance with rule 5101:4-7-01 (G) of the Administrative Code, and the county agency shall inform the AG of the amount of income used to calculate the allotment. The approval notice for SAR also indicates gross income amount. Conversion of income received weekly or biweekly in accordance with paragraph (H) of this rule does not constitute averaging

5101:4-5-03 Food stamps: establishing certification periods.

Paragraph (C)(2) has been amended to state that AGs subject to reporting requirements under paragraph (A) of 5101:4-7-01 shall be assigned certification periods of no more than six months. Exception: AGs in which all members are elderly and/or disabled and have no earnings may be certified up to 12 months.

5101:4-7-01 Food stamps: reporting requirements during the certification period.

Paragraph (A) has been amended to extend the time frame for reporting changes of income (earned and unearned) to within 10 days of the date the AG receives the first payment which results in a change.

Paragraph (A)(1) refers to AGs who have no countable earned income at application or reapplication but who gain employment (earned income) during the certification period. These AGs must report changes in their wage rate or salary or a change in full-time or part-time employment status.

• For example: A food stamp AG who is certified with no countable earned income reports new employment. The AG's certification period is unable to be lengthened or shortened to a six month certification period due to provisions listed in 5101:4-5-03 (E)(3). Consequently, the AG is still under the reporting requirements in 5101:4-7-01 (A) until the next certification period, at which time the AG will be subject to semi-annual reporting requirements in 5101:4-7-01 (B).

Paragraph (A)(2) refers to AGs with reportable changes in income (earned and unearned) who must report changes in sources of income including starting or stopping a job or changing jobs. In addition, these AGs are now only required to report a change in employment if accompanied by a change in income.

Paragraph (A)(3) has increased the reporting threshold from changes that are greater than twenty five dollars to changes greater than fifty dollars in the amount of gross monthly unearned income.

Paragraph (B) has been amended to state that certified AGs subject to semi-annual reporting (with countable earned income) are required to report their change(s) within ten days following the month in which the change first occurred, provided that the AG has at least ten days within which to report the change.

• For example: A food stamp AG experiences an increase in income which is required to be reported under semi-annual reporting. The AG is paid on October 29, 2003 but did not receive their check in the mail until November 3, 2003. The AG would have until November 13, 2003 to report the change.

Paragraph (G) has been amended to state that if an AG reports a change in income, and the new circumstance is expected to continue for at least one month beyond the month in which the change is reported, the county agency shall act on the change in accordance with paragraphs (G)(1) and (G)(2) of this rule. The time frames in paragraphs (G)(1) and (G)(2) of this rule apply to these actions.

Training and Technical Assistance

Training and technical assistance needs to implement these rules will be minimal. Clarification regarding these rules will be available to county staff by ODJFS through the Bureau of County Oversight and Support, Program Policy Services staff.

Fiscal Impact

By increasing the threshold for reporting changes by AGs, there should be a reduction in the amount of time spent by caseworkers to process cases. This will result in a reduction in administrative costs for the counties.

Forms

The following forms have been revised to reflect the above changes:

• JFS 04196 - Food Stamp Change Report for Assistance Groups with Earned Income
• JFS 07443 - Food Stamp Change Report for Assistance Groups with No Earned Income at the Time of Application
• JFS 07501 - Your Rights and Responsibilities

The Spanish version of the above forms will be available once the revisions are completed. Notification will be provided under separate cover when finalized.

FSTL Instructions:

Food Stamp Certification Handbook Appendix