STATE OF WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER 1

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

FINAL RULES

 

GENERAL ELIGIBILITY REQUIREMENTS

 

TABLE OF CONTENTS

 

Section	Subject	Page
1.	Authority and Purpose	1-1
2.	Definitions	1-2
3.	Application Processing	1-2
4.	Resource Standards	1-2
5.	Income and Deductions	1-3
6.	Determining Benefit Levels	1-3
7.	Reporting Changes	1-4
8.	Administrative Hearings	1-4
9.	Special Circumstances	1-4
10.	Homeless Shelter Deduction	1-4
11.	Income of Ineligible Alien	1-4

 

 

 

STATE OF WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER 1

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

FINAL RULES

 

General Eligibility Requirements

 

Section 1.Authority and Purpose.

 

The Economic Assistance Division, within the Department of Family Services (DFS), is authorized under the Public Assistance and Social Services Act W.S. 42-2-101 et seq., W.S. 42-2-103(b)(xiii), and Wyoming Administrative Procedures Act 16-3-101 et seq., to promulgate rules and regulations to be used by the Division in the discharge of its functions.

 

The Food Stamp Act of 1977, as amended, Declaration of Policy states:

 

It is hereby declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation's population by raising levels of nutrition among low-income households.  Congress hereby finds the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households.  Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation's agricultural abundance and will strengthen the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods.  To alleviate such hunger and malnutrition, a food stamp program is hereby authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

 

The Department of Family Services has agreed to administer the program in accordance with the Food Stamp Act of 1977, as amended, and Section 7, Parts 271 - 274, of the Code of Federal Regulations, with waivers approved by the Food and Nutrition Service of the US Department of Agriculture.  The Food Stamp Act of 1977, as amended, and the Code of Federal Regulations Section 7, Parts 271 - 274, are incorporated by reference.

 

These rules are specifically designed to cover any exceptions or explanations necessary beyond information in The Food Stamp Act, or Section 7, Parts 271 - 274, of the Code of Federal Regulations. Exceptions are a result of approved waivers, or options allowed by the Act.

 

Section 2.Definitions. This section is administered in accordance with

7 CFR 271.2 with the following exceptions:

 

(a)"Applicant" - A person, including an authorized representative, who expresses verbally or in writing a desire to make an application for Supplemental Nutrition Assistance Program benefits.

 

(b)"Application" - The DFS form on which a person indicates, in writing, the desire to receive Supplemental Nutrition Assistance Program benefits.

 

(c)"Application Process" - Filing and completing the application form, being interviewed and having certain information verified.

 

(d)"Electronic Benefits Transfer (EBT)" - The process by which Supplemental Nutrition Assistance Program benefits are transferred to electronic cards.

 

(e)"Food Stamp Benefits" - Former name of the Supplemental Nutrition Assistance Program benefits.  The name change was granted in the 2008 Farm Bill.

 

(f)"Income" - All nonexempt money received from any source.

 

(g)"Interview" - To question or converse with a person face-to-face or by telephone, in order to obtain and provide information.

 

(h)               "POWER" - Personal Opportunities With Employment Responsibilities

which is the Temporary Assistance for Needy Families (TANF) program in Wyoming.

 

(i)State Nutrition Assistance Program benefits - Assistance provided by the Supplemental Nutrition Assistance Program to eligible households in the form of electronic benefit transfers that are redeemable for food items at federally approved food retailers. The name change was granted in the 2008 Farm Bill.

 

Section 3.Application Processing. This section is administered in accordance with 7 CFR 273.2 with the following exception:

 

(a)If an applicant does not provide requested verification within ten (10) days of the request, the Supplemental Nutrition Assistance Program application may be denied pursuant to Federal waiver.

 

Section 4.Resource Eligibility Standards.  This section is administered in accordance with 7 CFR 273.8 with the following exception:

 

(a)                In determining the exemptions for vehicles as a resource, the Supplemental Nutrition Assistance Program shall apply the least restrictive policy as allowed by the Code of Federal Regulations.

 

 

Section 5.Income and Deductions.  This section is administered in accordance with 7 CFR 273.9 and 7 CFR 273.11 with the following exceptions:

 

(a)Wyoming has mandatory standard utility allowances pursuant to selected state option. In determining shelter deductions a household may be eligible to use a utility standard that includes:

 

(i)Heating and cooling costs separately billed;

 

(ii)Billed for at least two (2) utilities other than heating or cooling; or

 

(iii)A telephone expense.

 

(b)               In accordance with  the Farm Bill of 2002, Section 4104,  assistance units that share utilities will be allowed the full utility standard based on (a) above rather than a prorated amount. These standards also apply to assistance units in public housing with shared meters who are charged only for excess utility charges pursuant to selected state option.

 

(c)                In determining the net income for self-employment, the Supplemental Nutrition Assistance Program will apply criteria as allowed under the Wyoming Temporary Assistance for Needy Families (TANF) Program. (POWER Rules, Chapter 1) (State option)

(d)In accordance with the Farm Bill of 2002, Section 4102, the Supplemental Nutrition Assistance Program will exclude certain types of income not counted in the Wyoming Temporary Assistance for Needy Families (TANF) Program. (State option)

 

Section 6.Determining Benefit Levels.  This section is administered in accordance with 7 CFR 273.10 and W.S. 42-2-103 with the following exception:

 

(a)The penalty for noncompliance of an adult in the Personal Opportunities With Employment Responsibilities (POWER) and Supplemental Security Income (SSI) programs will not affect the eligibility for Supplemental Nutrition Assistance Program benefits of minor children in the household.

 

Section 7.Reporting Changes.  This section is administered in accordance with section 7 CFR 273.12 with the following exception:

 

(a)The state will not provide postage on change reporting forms pursuant to a Federal waiver.  (waiver)

 

Section 8.Administrative Hearings. This section is administered in accordance with 7 CFR 273.15.

 

(a)Supplemental Nutrition Assistance program administrative hearings will be conducted in accordance with the Contested Case Hearing rules established by the Department of Family Services.

 

Section 9.Special Circumstances.  This section is administered in accordance with 7 CFR 273.11 and P.L. 104-193, Section 115, with the following exception:

 

(a)An individual who has been convicted of a felony for a drug related activity and the felony occurred after August 22, 1996 is to be eligible to receive Supplemental Nutrition Assistance Program benefits. (State option - effective July 1, 2005)

 

Section 10.Homeless Shelter Deduction.  This section is administered in accordance with 7 CFR 273.9, as amended, and pursuant to the selected State Option.

 

(a)Wyoming will not maintain a homeless shelter allowance.

 

Section 11.Income of Ineligible Alien.  This section is administered in accordance with Section 818 of P.L. 104-193, as amended, and pursuant to the selected State Option.

 

(a)In determining benefits for eligible household members when an ineligible alien is in the assistance unit:

 

(i)All nonexempt income of an ineligible alien will count and be prorated;

 

(ii)All assets of the ineligible alien will count; and

 

(iii)All deductions, except the standard utility allowance, will be prorated when determining the benefit level.