reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.179 - HOUSEHOLDS NOT CATEGORICALLY ELIGIBLE

Current through August 31, 2023
The households listed below are not categorically eligible for
				Food Stamps. (3-17-22)
01.
Medicaid Only
. Households are not categorically eligible if any
			 household member receives Medicaid benefits only. (3-17-22)
02.
IPV
. Households are not
			 categorically eligible, if any household member is disqualified for a Food
			 Stamp Intentional Program Violation (IPV). (3-17-22)
03.
Work Requirements
.
			 Households are not categorically eligible, if any household member fails to
			 comply with the Food Stamp work requirements. (3-17-22)
04.
Ineligible Legal Non-Citizen or
			 Student
. Households are not categorically eligible if any member is an
			 ineligible legal non-citizen or ineligible student. (3-17-22)
05.
Nonexempt Institution
.
			 Households are not categorically eligible if any member is a person living in a
			 nonexempt institution. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.180 - CATEGORICAL ELIGIBILITY ENDS

Current through August 31, 2023
Categorical eligibility ends when the household member is no
				longer eligible for TAFI, AABD or SSI. If the household is still eligible under
				Food Stamp rules, the household will continue to receive Food Stamps. If
				categorical eligibility ends and household income or resources exceed the Food
				Stamp limits, the household is no longer eligible for Food Stamps. Food Stamps
				will stop after timely advance notice. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.181 - BROAD BASED CATEGORICALLY ELIGIBLE HOUSEHOLD EXCEPTIONS

Current through August 31, 2023
If a household contains any of the following members, the
				household is not eligible under Broad Based Categorical Eligibility.
				(3-17-22)
01.
IPV
. Any
			 household member is disqualified for an Intentional Program Violation (IPV).
			 (3-17-22)
02.
Drug-Related
			 Felony
. Any household member is ineligible because of a drug-related
			 felony. (3-17-22)
03.
Strike
. Any household member is on strike. (3-17-22)
04.
Transferred Resources
. Any
			 household member transferred resources in order to qualify for benefits.
			 (3-17-22)
05.
Refusal to
			 Cooperate
. Any household member refused to cooperate in providing
			 information that is needed to determine initial or ongoing eligibility.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.182 - VERIFICATION FOR TAFI OR AABD HOUSEHOLDS

Current through August 31, 2023
To determine eligibility for Food Stamps in TAFI or AABD
				households, the Department will use TAFI or AABD proof. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.183 - TIME LIMITS FOR CATEGORICALLY ELIGIBLE HOUSEHOLDS

Current through August 31, 2023
Food Stamp eligibility can be determined before a public
				assistance eligibility determination is made. The Food Stamp application must
				not be delayed or denied because of a delayed public assistance decision. If a
				Food Stamp household might be categorically eligible, the application cannot be
				denied until thirty (30) days after the application date. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.195 - DISASTER CERTIFICATION

Current through August 31, 2023
When allowed by FNS, under the authority of Section
				302(a)  of the
				Disaster Relief Act of 1974, the Department can certify households affected by
				a natural disaster. If the Secretary of USDA declares a disaster area, the
				Department will follow disaster instructions issued by the USDA.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.200 - NONFINANCIAL CRITERIA

Current through August 31, 2023
Nonfinancial criteria are identification, residency, Social
				Security Number, citizenship, and work requirements. Households must meet these
				nonfinancial criteria to be eligible for Food Stamps. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.201 - IDENTIFICATION

Current through August 31, 2023
The person making application for Food Stamps must prove
				identity. The authorized representative, applying on behalf of a household,
				must prove identity. If an authorized representative is used, the identity of
				the head of the household must also be proved. Proof includes a driver's
				license, school identification, wage stubs, and birth certificates. The
				Department will accept other reasonable proof of identity. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.202 - RESIDENCY

Current through August 31, 2023
A household must live in Idaho when it applies for Food Stamps.
				A person can get Food Stamps as a member of only one (1) household a month.
				(3-17-22)
01.
Place of
			 Residency
. Households must live in the project area in which they make
			 application. An eligible Food Stamp household is not required to live in a
			 permanent dwelling or have a fixed mailing address. There is no residence
			 duration requirement. (3-17-22)
02.
Vacationing Persons Not Residents
. Persons in Idaho for vacation
			 only are not residents for Food Stamp eligibility. Vacation is the period a
			 household spends away from their usual activity, work, or home. Vacation is
			 taken for travel, rest, or recreation. (3-17-22)
03.
Physical and Mailing Address
			 Different
. The physical address and the mailing address of a Food Stamp
			 household can be different. If the mailing address is not the household's
			 physical address, the household must provide proof of the physical address.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.203 - SOCIAL SECURITY NUMBER (SSN) REQUIREMENT

Current through August 31, 2023
01.
Expectations
. Before certification, households must provide the
			 Department the SSN, or proof of application for SSN, for each household member.
			 If a household member has more than one (1) SSN, he must provide all of his
			 SSNs. Each SSN must be verified by the Social Security Administration (SSA). A
			 household member with an unverified SSN is not eligible for Food Stamp
			 benefits. The ineligible person's income and resources must be counted in the
			 Food Stamp budget. If benefits are reduced or ended, because one (1) or more
			 persons fail to meet the SSN requirement, the household must be notified in
			 writing. (3-17-22)
02.
Good
			 Cause for Not Applying for SSN
. If a household member can show good
			 cause why an SSN application was not completed in a timely manner, an extension
			 must be granted to allow him to receive Food Stamp benefits for one (1) month
			 in addition to the month of application. Good cause for failure to apply must
			 be shown monthly in order for such a household member to continue to
			 participate. Good cause is described below: (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.204 - CITIZENSHIP AND QUALIFIED NON-CITIZEN REQUIREMENTS

Current through August 31, 2023
To be eligible for Food Stamps, an individual must meet the
				requirements specified in 7
				CFR 273.4, "Citizenship and alien status." In
				addition, special immigrants from Iraq and Afghanistan have refugee status
				under Public Law
				111118, Subsection
				8120. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.205 - WRITTEN DECLARATION OF CITIZENSHIP OR IMMIGRATION STATUS

Current through August 31, 2023
To get Food Stamps, one (1) adult household member must certify
				by signing a statement, under penalty of perjury, regarding the citizenship and
				immigration status of household members applying for benefits. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.206 - PROOF OF PROPER IMMIGRATION STATUS

Current through August 31, 2023
01.
Expectations
. Households are required to submit documents to
			 verify the immigration status of the legal non-citizen applicants. An alien
			 number, by itself, is not considered proof of immigration status.
			 (3-17-22)
02.
Failure to
			 Provide Legal Non-Citizen Documents
. If a household says it is unable or
			 unwilling to provide legal non-citizen status documents for a legal non-citizen
			 household member, the legal non-citizen member must be classified as an
			 ineligible legal non-citizen. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.207 - NON-CITIZEN ELIGIBILITY PENDING VERIFICATION

Current through August 31, 2023
When the applicant or the Department has submitted a request to
				a federal agency for proof of eligible alien status, the Department must
				certify the person applying as eligible for Food Stamps pending the results of
				the investigation. The certification can last up to six (6) months from the
				date of the original request for proof. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.212 - FOOD STAMP HOUSEHOLDS

Current through August 31, 2023
A Food Stamp household is composed of a person, or group of
				persons, applying for or getting Food Stamps. The composition of Food Stamp
				households is listed below: (3-17-22)
01.
Living Alone
. A person
			 living alone. (3-17-22)
02.
Living with Others
. Preparing Separate Meals. A person or persons
			 living with others but customarily purchasing food and preparing meals
			 separately from the others. (3-17-22)
03.
Living with Others, But Paying for
			 Meals
. A person or persons living with others and furnished both meals
			 and lodging. The person or persons pay less than the thrifty food plan.
			 (3-17-22)
04.
Living Together
			 and Preparing Common Meals
. A group of persons who live, purchase food,
			 and customarily prepare meals together for home consumption.
			 (3-17-22)
05.
Women Living in
			 Shelter
. Women, or women with their children, temporarily residing in a
			 shelter for battered women and children. (3-17-22)
06.
Living in Drug or Alcohol Treatment
			 Center
. Person living in a publicly operated community health center or
			 in a private nonprofit center for drug addiction or alcoholic treatment and
			 rehabilitation. (3-17-22)
07.
Resident of Group Living Center
. Person residing in a group living
			 arrangement center certified by the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.213 - SEPARATE FOOD STAMP HOUSEHOLD COMPOSITION FOR RELATED MEMBERS

Current through August 31, 2023
One (1) of the conditions below must be met for related persons
				living together to be separate Food Stamp households. (3-17-22)
01.
Children Age Twenty-Two and Older
			 Living With Parents
. Children age twenty-two (22) and older, living with
			 their parents, can be separate Food Stamp households. The households must
			 purchase and prepare their food separately. (3-17-22)
02.
Households Must Prepare Food
			 Together Because of Age and Disability
. Households that must purchase
			 and prepare food together because one (1) household contains a person sixty
			 (60) years of age or older unable to purchase and prepare meals because of a
			 disability, can be separate Food Stamp households. The spouse of the disabled
			 person must be considered a member of that person's household. These households
			 must meet the following conditions: The disability must be permanent under the
			 Social Security Act or a nondisease related, severe permanent disability. The
			 income of the household, which does not contain the person unable to purchase
			 and prepare meals separately, must not exceed one hundred sixty-five percent
			 (165%) of the net monthly income limit for the household size. To count income
			 for the one hundred sixty-five percent (165%) net monthly income standard:
			 Exclude the income of the disabled person and his spouse. Count all available
			 income to the household not containing the disabled person. Compare the net
			 monthly income eligibility standard for that size household.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.214 - CHILD CUSTODY

Current through August 31, 2023
For a child who is under the age of eighteen (18), the parent
				who has primary physical custody is eligible to receive Food Stamp benefits for
				that child. If both parents request food stamp benefits for the child, primary
				custody is determined by where the child is expected to spend fifty-one percent
				(51%) or more of the nights during a certification period. When only one (1)
				parent applies for food stamp benefits, the child may be included in that
				parent's household even though they do not have primary physical custody of the
				child. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.215 - PERSONS NOT ELIGIBLE FOR SEPARATE FOOD STAMP HOUSEHOLD STATUS

Current through August 31, 2023
Persons listed below cannot be separate Food Stamp households.
				For Food Stamps, they are part of the household where they live.
				(3-17-22)
01.
Spouse
.
			 Spouses are not separate Food Stamp households. (3-17-22)
02.
Boarder
. Boarders are not
			 separate Food Stamp households. (3-17-22)
03.
Parents and Children
			 Together
. Children under age twenty-two (22), living together with their
			 parents, are not separate Food Stamp households. Parents and children living
			 together include natural, adopted, or stepchildren. Parents and children living
			 together include natural, adopted, or stepparents. (3-17-22)
04.
Child Under Age Eighteen Under
			 Parental Control
. A child under age eighteen (18) and under parental
			 control of an adult household member is not a separate household, unless the
			 child is a foster child. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.216 - ELDERLY OR DISABLED FOOD STAMP HOUSEHOLD MEMBERS

Current through August 31, 2023
To be counted as an elderly or disabled Food Stamp household
				member, the person must meet one (1) of the criteria listed below:
				(3-17-22)
01.
Age
. Age
			 sixty (60) or older. (3-17-22)
02.
SSI
. Entitled to Supplemental Security Income (SSI) benefits. This
			 includes SSI presumptive disability payments, SSI emergency advance payments,
			 or special SSI status. (3-17-22)
03.
RSDI
. Entitled to Social
			 Security payments based on disability or blindness. (3-17-22)
04.
State Supplement
. Entitled
			 to State or Federally funded State supplement payments to the SSI program such
			 as AABD. (3-17-22)
05.
Medicaid
. Entitled to Medicaid based on SSI related disability or
			 blindness. (3-17-22)
06.
Disability Retirement
. Entitled to Federal or State funded
			 disability retirement benefits because of a disability considered permanent by
			 the Social Security Administration. (3-17-22)
07.
Disabled Veteran
. A veteran
			 with a service or nonservice connected disability rated or paid as total.
			 (3-17-22)
08.
Veteran Needing
			 Aid and Attendance
. A veteran considered in need of regular aid and
			 attendance or permanently housebound under Title 38 of the U.S. Code.
			 (3-17-22)
09.
Veteran's
			 Surviving Spouse
. A veteran's surviving spouse in need of aid and
			 attendance or permanently housebound. (3-17-22)
10.
Veteran's Surviving Child
. A
			 veteran's surviving child permanently incapable of self-support under Title 38
			 of the U.S. Code. (3-17-22)
11.
Veteran's Survivor Entitled
. A veteran's surviving spouse or child
			 entitled to receive payment for a service-connected death under Title 38 of the
			 U.S. Code. The veteran's surviving spouse or child must be permanently disabled
			 under Section 221(i)
			  of the Social Security Act. A veteran's
			 surviving spouse or child entitled to pension benefits for a nonservice death
			 under Title 38 of the U.S. Code. The veteran's surviving spouse or child must
			 be permanently disabled under Section
			 221(i)  of the
			 Social Security Act. "Entitled" refers to veterans, surviving spouses and
			 children receiving pay or benefits or who have been approved for payments, but
			 are not yet receiving them. (3-17-22)
12.
Railroad Retirement and
			 Medicare
. Entitled to an annuity payment under Section
			 2(a)(1)(iv)  of the
			 Railroad Retirement Act of 1974 and determined eligible for Medicare by the
			 Railroad Retirement Board. (3-17-22)
13.
Railroad Retirement and
			 Disability
. Entitled to an annuity payment under Section
			 2(a)(1)(v)  and is
			 determined disabled by the Board according to SSI criteria. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.217 - NONHOUSEHOLD MEMBERS

Current through August 31, 2023
Nonhousehold members are persons not counted in determining
				Food Stamp household size. Their income and resources do not count toward the
				Food Stamp household. Nonhousehold members may be eligible as a separate
				household. Nonhousehold members are listed below: (3-17-22)
01.
Roomers
. A person who pays
			 for lodging, but not meals. (3-17-22)
02.
Live-In Attendants
. A person
			 living with a household to provide medical, housekeeping, child care, or other
			 similar services. (3-17-22)
03.
Ineligible Students
. A person between the ages of eighteen (18)
			 and fifty (50), physically and intellectually fit, enrolled at least half-time
			 in an institution of higher education, and not meeting Food Stamp eligibility
			 requirements for students. (3-17-22)
04.
Residents of Institutions
. A
			 resident of an institution is not a member of the Food Stamp household. A
			 resident of an institution is an ineligible household member because the
			 institution provides the resident over fifty percent (50%) of three (3) meals
			 daily, as part of the normal services. The institution is not allowed to accept
			 Food Stamps. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.218 - PERSONS DISQUALIFIED AS FOOD STAMP HOUSEHOLD MEMBERS

Current through August 31, 2023
Persons disqualified as Food Stamp household members must not
				participate in the Food Stamp program. Disqualified household members are not
				counted in the household size. Disqualified household members' income and
				resources are counted. Disqualified household members are listed below:
				(3-17-22)
01.
Ineligible Legal
			 Non-Citizen
. Ineligible legal non-citizens not meeting citizenship or
			 eligible legal non-citizen requirements. (3-17-22)
02.
Persons with Citizenship
			 Questionable
. Persons refusing to sign a declaration attesting to
			 citizenship or legal non-citizen status. (3-17-22)
03.
Person Refusing SSN
. Persons
			 disqualified for failure or refusal to provide a Social Security Number.
			 (3-17-22)
04.
JSAP or Work
			 Registration Noncompliance
. Persons disqualified for failure to comply
			 with JSAP or work registration requirements. (3-17-22)
05.
Persons With IPV
. Persons
			 disqualified for an Intentional Program Violation (IPV). (3-17-22)
06.
Voluntary Quit or Reduction of
			 Hours of Work
. Persons disqualified for a voluntary quit or reduction in
			 hours of work. (3-17-22)
07.
ABAWD Not Meeting Work Requirement
. Persons who have received
			 three (3) months of Food Stamp benefits in a three (3) year period without
			 meeting the ABAWD work requirement. (3-17-22)
08.
Fugitive Felon
. Individuals
			 who are fleeing to avoid prosecution or custody for a crime, or an attempt to
			 commit a crime, that would be classified as a felony (or in the State of New
			 Jersey, a high misdemeanor) or who are violating a condition of probation or
			 parole under a federal or state law. (3-17-22)
09.
Drug Convicted Felon
.
			 Individuals convicted under federal or state law of any offense classified as a
			 felony involving the possession, use or distribution of a controlled substance
			 when they do not comply with the terms of a withheld judgment, probation or
			 parole. The felony must have occurred after August 22, 1996.
			 (3-17-22)
10.
Failure to
			 Cooperate in Paternity Establishment or Obtaining Support
. Persons
			 disqualified for failure to cooperate in establishing paternity and obtaining
			 support for a child under eighteen (18). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.219 - CIRCUMSTANCES UNDER WHICH FOOD STAMP PARTICIPATION IS PROHIBITED

Current through August 31, 2023
01.
Prohibition from Receiving Food
			 Stamp Benefits
. An individual is prohibited from receiving Food Stamp
			 benefits at the time of application if he: (3-17-22)
a. Receives tribal commodities;
			 (3-17-22)
b. Is incarcerated;
			 (3-17-22)
c. Is in an institution;
			 (3-17-22)
d. Is in foster care and
			 the foster parents are receiving a cash benefit for providing care and
			 maintenance for the child; (3-17-22)
e. Receives Food Stamp benefits in another
			 household; (3-17-22)
f. Is
			 deceased; or (3-17-22)
g. Receives
			 cash benefits in a TAFI Caretaker Relative household.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.226 - JOB SEARCH ASSISTANCE PROGRAM (JSAP)

Current through August 31, 2023
The JSAP program is designed to help Food Stamp recipients
				become self-sufficient. (3-17-22)
01.
JSAP Status
. All household members, unless exempt, must
			 participate in JSAP. Household members who are on strike must participate in
			 JSAP. Members who are not migrants in the job stream must participate in JSAP.
			 Determine the JSAP status of a participant at certification, a six-month or
			 twelve-month contact, recertification, and when household changes occur.
			 (3-17-22)
02.
JSAP
			 Information
. The Department will explain the JSAP requirement, rights,
			 responsibilities, and the result of failure to comply. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.227 - EXEMPTIONS FROM JSAP

Current through August 31, 2023
Exemptions from JSAP are listed in Subsections
				227.01 through
				227.13 of these rules.
				(3-17-22)
01.
Parents or
			 Caretakers of a Child Under Six Years of Age
. A parent or caretaker
			 responsible for the care of a dependent child under age six (6) is exempt from
			 JSAP. If the child becomes six (6) during the certification period, the parent
			 or caretaker must register for JSAP at the next scheduled six-month or
			 twelve-month contact or recertification, unless exempt for another reason.
			 (3-17-22)
02.
Parents and
			 Caretakers of an Incapacitated Person
. A parent or caretaker responsible
			 for the care of a person incapacitated due to illness or disability is exempt
			 from JSAP. (3-17-22)
03.
Persons Who Are Incapacitated
. A person who is physically or
			 intellectually unfit for employment is exempt from JSAP. If a disability is
			 claimed which is not evident, proof to support the disability can be required.
			 Acceptable proof includes receipt of permanent or temporary disability
			 benefits, or a statement from a physician or licensed or certified
			 psychologist. (3-17-22)
04.
Students Enrolled Half Time
. A student who is eighteen (18) years
			 or older is exempt from JSAP if: (3-17-22)
a.
			 He is enrolled at least half-time in any institution of higher learning and if
			 he meets the definition of an eligible student in Section
			 282 of these rules; or
			 (3-17-22)
b. He is enrolled at
			 least half-time in any other recognized school or training program.
			 (3-17-22)
c. He remains enrolled
			 during normal periods of class attendance, vacation, and recess. If he
			 graduates, enrolls less than half-time, is suspended or expelled, drops out, or
			 does not intend to register for the next normal school term (excluding summer),
			 he must register for work at the next scheduled six-month or twelve-month
			 contact or recertification. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.228 - DEFERRALS FROM JSAP FOR HOUSEHOLD MEMBERS PARTICIPATING IN TAFI

Current through August 31, 2023
Deferrals from JSAP for household members participating in the
				TAFI program are listed in Subsections
				228.01 through
				228.03. (3-17-22)
01.
Reasonable Distance
.
			 Appropriate child care is not available within a reasonable distance from the
			 participant's home or work site. (3-17-22)
02.
Relative Child Care
.
			 Informal child care by relatives or others is not available or is unsuitable.
			 (3-17-22)
03.
Child Care Not
			 Available
. Appropriate and affordable child care is not available.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.229 - PARTICIPANTS LOSING JSAP EXEMPT STATUS

Current through August 31, 2023
If an exempt household member becomes mandatory, the Department
				must notify the participant of JSAP requirements. Mandatory JSAP participants
				must sign a JSAP agreement. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.237 - SANCTIONS FOR FAILURE TO COMPLY WITH JSAP WORK PROGRAM REQUIREMENTS

Current through August 31, 2023
When a JSAP participant fails or refuses to comply with work
				program requirements without good cause, sanctions listed in Subsections
				237.01 and
				237.02 of these rules must be
				applied. In determining which sanction to impose, sanctions previously imposed
				for voluntary quit or reduction in work hours as described in Section
				271 of these rules must be
				considered. (3-17-22)
01.
Noncomplying Household Member
. The participant who commits the
			 work program violation is excluded as a household member when determining the
			 Food Stamp allotment. The person cannot receive Food Stamps, but his income and
			 resources are counted in the Food Stamp computation for the household. The
			 person must serve a minimum sanction period plus take corrective action to
			 become eligible for Food Stamps again. If the sanctioned household member
			 becomes exempt from JSAP requirements, end the sanction. (3-17-22)
a. First work program violation. A minimum
			 sanction period of one (1) month is imposed. (3-17-22)
b. Second work program violation. A minimum
			 sanction period of three (3) months is imposed. (3-17-22)
c. Third and subsequent work program
			 violations. A minimum sanction period of six (6) months is imposed.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.238 - NOTICE OF SANCTIONS FOR FAILURE TO COMPLY WITH JSAP

Current through August 31, 2023
Send the household a Notice of Decision when a participant
				fails to comply with JSAP requirements. The Notice of Decision must contain
				data listed in Subsections
				238.01 through
				238.04. If Notice of Decision is
				sent, and the Department proves the member complied by the effective date of
				the action, the action to end Food Stamps does not take effect.
				(3-17-22)
01.
Sanction
			 Period
. The Notice of Decision must include the proposed sanction
			 period. (3-17-22)
02.
Reason
			 for Sanction
. The Notice of Decision must include the reason for
			 sanction. (3-17-22)
03.
Actions to End Sanction
. The Notice of Decision must include the
			 actions the sanctioned person must take to end the sanction.
			 (3-17-22)
04.
Right to
			 Appeal
. The Notice of Decision must tell the household of it's right to
			 a fair hearing. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.239 - RIGHT TO APPEAL SANCTION

Current through August 31, 2023
The participant has the right to appeal the decision to
				sanction. The participant may contest a decision of mandatory status or a
				denial, reduction, or termination of benefits, due to failure to comply with
				JSAP. Appeals are conducted under Idaho Department of Health and Welfare Rules,
				IDAPA 16.05.03, Section
				350, "Contested Case Proceedings
				and Declaratory Rulings." The Department will notify JSAP of the fair hearing.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.241 - ENDING SANCTIONS FOR FAILURE TO COMPLY WITH JSAP

Current through August 31, 2023
Household members sanctioned for not complying with JSAP are
				ineligible until a condition listed below is met. (3-17-22)
01.
Fair Hearing Reversal
.
			 Sanction ends if a fair hearing reverses the sanction. (3-17-22)
02.
Sanctioned Member Becomes
			 Exempt
. Sanction ends if the sanctioned member becomes exempt from JSAP.
			 (3-17-22)
03.
Member Complies
			 With JSAP
. Sanction ends if the member, who refused to comply with a
			 JSAP requirement, complies. The member must complete corrective action and
			 serve the minimum sanction period. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.242 - CORRECTIVE ACTION FOR WORK PROGRAMS

Current through August 31, 2023
A mandatory participant can requalify for Food Stamps after a
				sanction. The participant must contact the Department and request an
				opportunity to comply. The participant must show that failure to comply has
				ended. Before certifying failure to comply has ended, the Department may
				require the participant to attend an assigned activity for up to two (2) weeks,
				to show willingness to comply with work program requirements. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.251 - ABLE BODIED ADULTS WITHOUT DEPENDENTS (ABAWD) WORK REQUIREMENT

Current through August 31, 2023
To participate in the Food Stamp program, a person must meet
				one (1) of the conditions in Subsections
				251.01 through
				251.05 of this rule. A person
				who does not meet one (1) of these conditions may not participate in the Food
				Stamp program as a member of any household for more than three (3) full months
				(consecutive or otherwise) in a fixed thirty-six (36) month period.
				(3-17-22)
01.
Work at Least
			 Eighty Hours per Month
. The person must work at least eighty (80) hours
			 per month. The definition of work under Section
			 251 of this rule is any combination
			 of: (3-17-22)
a. Work in exchange for money.
			 (3-17-22)
b. Work in exchange for
			 goods or services, known as "in-kind" work. (3-17-22)
c. Unpaid work, with a public or private
			 non-profit agency. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.252 - PROOF REQUIRED FOR ABAWDS

Current through August 31, 2023
The Department requires proof of compliance with the ABAWD
				requirements. (3-17-22)
01.
Proof of Hours Worked
. Each month the ABAWD must supply proof of
			 work hours, participation in work programs, or participation in work
			 opportunities. (3-17-22)
02.
Food Stamp Months in Another State
. If there is evidence the ABAWD
			 got Food Stamps in another state, get proof of the number of countable months
			 from that state, before certification. A written or verbal statement from the
			 other state agency of countable months is acceptable proof. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.253 - ABAWD GOOD CAUSE

Current through August 31, 2023
The work requirement is met if an ABAWD would have worked at
				least eighty (80) hours per month, but missed work for good cause. The absence
				from work must be temporary. The ABAWD must keep the job. Circumstances beyond
				control of the ABAWD are the basis of good cause. These include illness,
				illness of a household member requiring the presence of the ABAWD, household
				emergency, and lack of transportation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.254 - REPORTING ABAWD CHANGES

Current through August 31, 2023
ABAWDs must report within ten (10) days of the date of change,
				if total work or work program hours drop below eighty (80) hours per month.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.255 - REGAINING ELIGIBILITY

Current through August 31, 2023
ABAWDs whose three (3) month eligibility expires may regain
				eligibility for Food Stamps. During any thirty (30) consecutive days, the
				person must meet one (1) of the work requirements in Subsections
				255.01 and
				255.02. Prorate Food Stamp
				benefits from the date the person regains eligibility. ABAWDs must continue to
				meet the work requirement to get Food Stamps, or meet conditions for the three
				(3) additional months. There is no limit on the number of times an ABAWD may
				regain and maintain eligibility by meeting the work requirement.
				(3-17-22)
01.
Work Eighty
			 Hours
. The person must work eighty (80) or more hours per month.
			 (3-17-22)
02.
Participate in
			 JSAP
. The person must participate in and comply with the requirements of
			 the JSAP program (other than job search or job search training), the WIOA
			 program, or a program under section
			 236 of the Trade Act of 1974 for
			 eighty (80) or more hours per month. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.256 - THREE ADDITIONAL MONTHS OF FOOD STAMPS AFTER REGAINING ELIGIBILITY

Current through August 31, 2023
A person who regained eligibility under Section
				255 of these rules, but is no
				longer fulfilling the ABAWD work requirements in Section
				251 of these rules through no fault
				of his own, may get Food Stamps for an additional three (3) consecutive months.
				For an applicant, the three (3) consecutive months begin the first full month
				of benefits. For a participant, the three (3) consecutive months begin the
				month following the month the participant no longer meets the work
				requirements. A person is eligible for the additional three (3) consecutive
				months only once in a thirty-six (36) month period. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.257 - PERSONS NOT CONSIDERED ABAWD

Current through August 31, 2023
Persons meeting a condition in Subsections
				257.01 through
				257.04 of this rule are not
				considered ABAWD. (3-17-22)
01.
Age
. Persons under eighteen (18) and fifty (50) years of age or
			 older. (3-17-22)
02.
Disability
. Persons medically certified as physically or
			 intellectually unfit for employment. Proof of the disability is required. A
			 person is medically certified as physically or intellectually unfit for
			 employment if: (3-17-22)
a. Receiving
			 temporary or permanent disability benefits issued by a government or private
			 source. (3-17-22)
b. Obviously
			 intellectually or physically unfit for employment, as determined by the
			 Department. (3-17-22)
c. The person
			 has a statement from a physician, physician's assistant, nurse, nurse
			 practitioner, designated representative of the physician's office, licensed or
			 certified psychologist, a social worker, or any other medical personnel the
			 Department determines appropriate, verifying physical or intellectual unfitness
			 for employment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.258 - FOOD STAMPS ISSUED TO INELIGIBLE ABAWD

Current through August 31, 2023
If an ineligible ABAWD gets a Food Stamp issuance, the issuance
				is an overissuance until the ABAWD pays it back in full. The overpaid months
				count against the ABAWD time limit until repaid. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.259 - STRIKES

Current through August 31, 2023
Households must be denied Food Stamps if a member is unemployed
				because of a strike, unless the household was eligible for or getting Food
				Stamps the day before the strike. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.260 - GOVERNMENT EMPLOYEES DISMISSED FOR STRIKE

Current through August 31, 2023
State, Federal, and local government employees, dismissed
				because of joining in a strike against the governmental entity, have
				voluntarily quit a job without good cause. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.261 - VOLUNTARY JOB QUIT

Current through August 31, 2023
An employed household member who voluntarily quits a job
				without good cause is not eligible for Food Stamps. The Department is required
				to make a voluntary job quit determination when it learns that any employed
				household member has quit his job and any of the circumstances apply that are
				listed in Subsections
				261.01 through
				261.02 of this rule.
				(3-17-22)
01.
Voluntary Job Quit
			 Timeframes
. The Department must make a voluntary job quit determination:
			 (3-17-22)
a. For any applicant who quits his
			 job within sixty (60) days of the application date. (3-17-22)
b. For any new household member who quit his
			 job within the sixty (60) days prior to entering the household.
			 (3-17-22)
c. For any recipient who
			 quits his job at any time during the certification period.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.262 - VOLUNTARY REDUCTION IN WORK HOURS

Current through August 31, 2023
An employed household member who voluntarily reduces hours of
				work without good cause is not eligible for Food Stamps. The Department is
				required to make a reduction in work hours determination when it learns that
				any employed household member has voluntarily reduced his work hours and any of
				the circumstances apply that are listed in Subsections
				262.01 through
				262.02 of this rule.
				(3-17-22)
01.
Voluntary Work
			 Reduction Timeframe
. The Department must make a reduction in work hours
			 determination if the hours of work were voluntarily reduced: (3-17-22)
a. By an applicant, within sixty (60) days of
			 the application date. (3-17-22)
b.
			 By a new household member, within the sixty (60) days prior to entering the
			 household. (3-17-22)
c. By a
			 recipient, at any time during the certification period.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.265 - SITUATIONS NOT CONSIDERED VOLUNTARY JOB QUIT OR REDUCTION OF WORK

Current through August 31, 2023
Situations not counted as a voluntary job quit or reduction of
				work hours are listed below: (3-17-22)
01.
Ending Self-Employment
. The
			 person ends self-employment enterprise. (3-17-22)
02.
Employer Demands
			 Resignation
. A person resigns from a job at the demand of the employer.
			 (3-17-22)
03.
Laid Off From
			 New Job
. A person quits a job, secures new employment at comparable
			 salary or hours and then is laid off. A person quits a job, secures new
			 employment at comparable salary or hours and through no fault of his own loses
			 the new job. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.266 - HOUSEHOLD MEMBER LEAVES DURING A PENALTY PERIOD

Current through August 31, 2023
When the household member who committed a voluntary quit or
				reduction in hours penalty leaves the household, the penalty follows the
				household member who caused it. If the household member who committed the
				penalty joins another household, he is ineligible for the balance of the
				penalty period unless he meets the conditions stated in Subsection
				275.01 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.267 - GOOD CAUSE FOR VOLUNTARILY QUITTING A JOB OR REDUCING WORK HOURS

Current through August 31, 2023
If a household member voluntarily quits a job, determine if the
				quit was for good cause. All facts and circumstances submitted by the household
				and the employer must be considered. Good cause includes the reasons listed
				below: (3-17-22)
01.
Personal
			 Difficulties
. Personal difficulties include: (3-17-22)
a. Health problems; (3-17-22)
b. Structured drug and alcohol treatment;
			 (3-17-22)
c. Jailed or necessary
			 court appearances; and (3-17-22)
d.
			 Conflicts with verified and practiced religious and ethical beliefs.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.268 - PROOF OF JOB QUIT OR REDUCTION OF WORK HOURS

Current through August 31, 2023
Request proof if the household's job quit or reduction of work
				hours is questionable. The household is responsible for providing proof. If the
				household cannot get timely proof, offer assistance. Proof includes, but is not
				limited to, contacts with the previous employer or union organizations. If the
				employer cannot be contacted or the employer will not provide the information
				try to get the proof from a third party. In some cases, the household and the
				Department cannot prove the circumstances of the quit. This may occur because
				the employer cannot be located or refused to cooperate. This may include quits
				due to employer discrimination or unreasonable employer demands. In cases where
				proof of the voluntary quit cannot be obtained, the household must not be
				denied Food Stamps on the basis of a voluntary quit or reduction of work hours.
				If a household member refuses, without good cause, to provide enough
				information to determine voluntary quit or work reduction, a penalty must be
				imposed. Impose the appropriate quit or reduction penalty. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.270 - PENALTY FOR APPLICANT QUITTING A JOB OR REDUCING WORK HOURS

Current through August 31, 2023
If the Department determines a voluntary quit or reduction of
				work hours was not for good cause, the member who quit is not eligible for a
				ninety (90) day penalty period. The penalty period begins the date the
				household member quit. The applicant household must be told the job quit and
				work reduction penalty information listed below: (3-17-22)
01.
Denial Reason
. The household
			 must be informed of the reason for the Food Stamp denial for the member.
			 (3-17-22)
02.
Sanction
			 Period
. The household must be informed of the proposed voluntary quit or
			 work reduction sanction period. (3-17-22)
03.
Fair Hearing
. The household
			 must be informed of the right to a fair hearing. (3-17-22)
04.
Right to Reapply
. The
			 household must be informed of the right to reapply after the ninety (90) day
			 penalty period. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.271 - PENALTY FOR RECIPIENT QUITTING A JOB OR REDUCING WORK HOURS

Current through August 31, 2023
If the Department determines a member of the household
				voluntarily quit a job or reduced work hours, the penalty listed in Subsection
				271.01 of this rule must be
				imposed. Food Stamps must be reduced, beginning the first month after timely
				notice. The household must be told the information listed in Subsections
				271.02 through
				271.06 within ten (10) calendar
				days of the voluntary quit or reduction in work ruling. When determining the
				sanction to impose, previous sanctions for noncompliance with JSAP and work
				registration requirements as described in Section
				237 of these rules must be
				considered. Previous sanctions for recipient voluntary quit or work reduction
				must also be considered. If the sanctioned household member becomes exempt from
				JSAP requirements, end the sanction. The voluntary quit sanction does not end
				if the sanctioned household member becomes exempt due to application or receipt
				of Unemployment Insurance. (3-17-22)
01.
Non-Complying Household
			 Member
. The participant who commits the work program violation is
			 excluded as a household member when determining the Food Stamp allotment. The
			 person cannot receive Food Stamps, but his income and resources are counted in
			 the Food Stamp computation for the household. The person must serve a minimum
			 sanction period plus take corrective action to become eligible for Food Stamps
			 again. Corrective action includes: returning to work, increasing work hours to
			 meet the work exemption, or completing required activities with EWS. (3-17-22)
a. First work program violation. A minimum
			 sanction period of one (1) month is imposed. (3-17-22)
b. Second work program violation. A minimum
			 sanction period of three (3) months is imposed. (3-17-22)
c. Third and subsequent work program
			 violation. A minimum sanction period of six (6) months is imposed,
			 (3-17-22)