reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.428 - CALCULATION OF SELF-EMPLOYMENT INCOME

Current through August 31, 2023
The Department calculates self-employment income by adding
				monthly income to capital gains and subtracting a deduction for expenses as
				determined in Subsection
				428.03 of this rule.
				(3-17-22)
01.
How Monthly Income
			 Is Determined
. If no income fluctuations are expected, the average
			 monthly income amount is projected for the certification period. If past income
			 does not reflect expected future income, a proportionate adjustment is made to
			 the expected monthly income. (3-17-22)
02.
Capital Gains Income
.
			 Capital gains include profit from the sale or transfer of capital assets used
			 in self-employment. The Department calculates capital gains using the federal
			 income tax method. If the household expects to receive any capital gains income
			 from self-employment assets during the certification period, this amount is
			 added to the monthly income, as determined in Subsection
			 428.01 of this rule, to
			 determine the gross monthly income. (3-17-22)
03.
Self-Employment Expense
			 Deduction
. The Department uses the standard self-employment deduction in
			 Subsection 428.03.a. of this rule, unless
			 the applicant claims that his actual allowable expenses exceed the standard
			 deduction and provides proof of the expenses as described in Subsection
			 428.03.b. of this rule.
			 (3-17-22)
a. The self-employment standard
			 deduction is determined by subtracting fifty percent (50%) of the gross monthly
			 self-employment income as determined in Subsections
			 428.01 and
			 428.02 of this rule; or
			 (3-17-22)
b. The self-employment
			 actual expense deduction is determined by subtracting the actual allowable
			 expenses from the gross monthly self-employment income. The following items are
			 not allowable expenses and may not be subtracted from gross monthly
			 self-employment income. (3-17-22)
i. Net
			 losses from previous tax years; (3-17-22)
ii. Federal, state, and local income taxes;
			 (3-17-22)
iii. Money set aside for
			 retirement; (3-17-22)
iv.
			 Work-related personal expenses such as transportation to and from work; and
			 (3-17-22)
v. Depreciation.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.429 - SELF-EMPLOYED FARMER

Current through August 31, 2023
To be considered a self-employed farmer, a person must receive,
				or expect to receive, an annual gross income of one thousand dollars ($1,000)
				or more earned from farming activities. If a farmer's cost of producing
				self-employment income results in a loss, the Department subtracts the loss
				from other countable income in the household in accordance with
				7 CFR
				273.11(a)(2)(ii)(A) and (B).
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.501 - INITIAL CHANGES IN FOOD STAMP CASE

Current through August 31, 2023
Act on changes in household circumstances found during the
				application or the initial interview. (3-17-22)
01.
Food Stamp Issuance Changes
.
			 The Department will make changes to the household's Food Stamp issuance when it
			 is required to act on a change. (3-17-22)
02.
Change Before Certification
.
			 If a household reports a change in household circumstances before
			 certification, include the reported information in determining Food Stamp
			 eligibility and amount. (3-17-22)
03.
Change After Certification
.
			 If a household reports a change after the initial Food Stamp benefit has been
			 paid, the Department must act on the change as required by policy for acting on
			 changes within a certification period. Notice of the change must be given to
			 the Food Stamp household. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.502 - EARNED INCOME WHEN A HOUSEHOLD MEMBER TURNS AGE EIGHTEEN

Current through August 31, 2023
When a child attending elementary or secondary school turns age
				eighteen (18), do not count earned income received or expected by that person
				until the next 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 16.03.04.508 - PROJECTING MONTHLY INCOME

Current through August 31, 2023
Income is projected for each month. Past income may be used to
				project future income. Changes expected during the certification period must be
				considered. Criteria for projecting monthly income is listed below:
				(3-17-22)
01.
Income Already
			 Received
. Count income already received by the household during the
			 month. If the actual amount of income from any pay period is known, use the
			 actual pay period amounts to determine the total month's income. Convert the
			 actual income to a monthly amount if a full month's income has been received or
			 is expected to be received. If no changes are expected, use the known actual
			 pay period amounts for the past thirty (30) days to project future income.
			 (3-17-22)
02.
Anticipated
			 Income
. Count income the household and the Department believe the
			 household will get during the remainder of the certification period. If the
			 exact income amount is uncertain or unknown, that portion must not be counted.
			 If the date of receipt of income cannot be anticipated for the month of the
			 eligibility determination, that portion must not be counted. If the income has
			 not changed and no changes are anticipated, use the income received in the past
			 thirty (30) days as one indicator of anticipated income. If changes in income
			 have occurred or are anticipated, past income cannot be used as an indicator of
			 anticipated income. If income changes and income received in the past thirty
			 (30) days does not reflect anticipated income, the Department can use the
			 household income received over a longer period to anticipate income. If income
			 changes seasonally, the Department can use the household income from the last
			 season, comparable to the certification period, to anticipate income.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.509 - TYPES OF INCOME TO BE AVERAGED

Current through August 31, 2023
Types of income to be averaged are listed below. Income for a
				destitute migrant or seasonal farm worker household is not averaged.
				(3-17-22)
01.
Self-Employment
			 Income
. Average self-employment income. (3-17-22)
02.
Contract Income
. Average
			 contract income over the period of the contract, if not received on an hourly
			 or piecework basis. Households with averaged contract income include school
			 employees, share croppers and farmers. These households do not include migrants
			 or seasonal farm workers. (3-17-22)
03.
Income Received Less Often Than
			 Monthly
. When receipt of income is less often than monthly, the
			 anticipated income can be averaged over the period intended to cover to
			 determine the average monthly income. (3-17-22)
04.
Child Support
. Child support
			 income can be averaged to make a valid projection for ongoing income.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.512 - SPECIAL CASES FOR COUNTING INCOME

Current through August 31, 2023
Special cases for counting income are listed below:
				(3-17-22)
01.
Wages Held at the
			 Request of Employee
. Wages held at the request of the employee are
			 income in the month the wages would have been paid by the employer.
			 (3-17-22)
02.
Garnishments
			 Held by Employer
. Garnishments withheld by an employer are income in the
			 month the wages would have been paid. (3-17-22)
03.
Wages Held by Employer, Other Than
			 Garnishment and Employee Request
. Wages held by the employer, even if in
			 violation of law, are not counted as income. (3-17-22)
04.
Advances on Wages
. Advances
			 on wages will count as income if the household reasonably expects the advance
			 to be paid. (3-17-22)
05.
Varying Payment Cycles
. Households getting unearned or earned
			 income on a recurring monthly or semi-monthly basis do not have varying income
			 merely because mailing or payment cycles cause additional payments to be
			 received in a month. The income is counted for the month it is intended.
			 (3-17-22)
06.
Nonrecurring
			 Lump Sum Payments and Capital Gains
. Nonrecurring lump sum payments must
			 not be counted as income. Nonrecurring lump sum payments are counted as a
			 resource starting in the month received. Nonrecurring lump sum payments include
			 capital gains from the sale or transfer of securities, real estate, or other
			 real property held as an investment for a set period of time. The capital gains
			 are income only if the assets were used in self-employment. (3-17-22)
07.
PA Entitlement
. If a
			 household intentionally fails to comply with a means-tested program, a penalty
			 may be imposed and benefits reduced to collect the means-tested program
			 overpayment. Means-tested programs include PA. Count the full amount of
			 means-tested benefits the household is entitled to, not the reduced amount
			 caused by the 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 16.03.04.532 - GROSS INCOME LIMIT

Current through August 31, 2023
Households exceeding the gross income limit for the household
				size are not eligible, unless they are categorically eligible or have an
				elderly or disabled member. A household with an elderly or disabled household
				member is exempt from the gross income limit. If all household members receive
				or are authorized to receive monthly payments through TAFI, AABD, or SSI, the
				household is categorically eligible. The gross income limit is raised each
				federal fiscal year by FNS, based on the federal cost of living (COLA)
				adjustment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.533 - HOUSEHOLD ELIGIBILITY AND BENEFIT LEVEL

Current through August 31, 2023
A household's eligibility and benefit level is calculated in
				accordance with 7 CFR
				273.10, except as indicated below in
				Subsections 533.01 through
				533.07. of this rule. The
				deductions in Subsections
				533.01 through
				533.07 of this rule are
				subtracted from non-excluded income. (3-17-22)
01.
Standard Deductions
. The
			 standard deductions are controlled by Federal law. The monthly amounts are
			 specified in Title 7 United
			 States Code Section 2014. (3-17-22)
02.
Earned Income Deduction
. The
			 earned income deduction is twenty percent (20%) of gross earned income.
			 (3-17-22)
03.
Homeless
			 Shelter Deduction
. The homeless shelter deduction is established by FNS.
			 (3-17-22)
04.
Excess Medical
			 Deduction
. Excess medical expense is nonreimbursed medical expense of
			 more than thirty-five dollars ($35) per household per month. The household
			 member must be either age sixty (60) or older or disabled to get this expense
			 deduction. Special diets are not deductible. For allowable medical expenses,
			 see Section 535 of these rules.
			 (3-17-22)
05.
Dependent Care
			 Deduction
. The dependent care expense deduction is for monthly dependent
			 care expenses. The dependent care may be needed for children or adults.
			 (3-17-22)
06.
Child Support
			 Deduction
. The child support expense deduction is the legally obligated
			 child support and arrearage the household pays, or expects to pay, to or for a
			 non-household member. (3-17-22)
07.
Excess Shelter Deduction
. Excess shelter expense is the monthly
			 shelter cost over fifty percent (50%) of the household's income after all other
			 deductions. The excess shelter expense is not deducted if the household has
			 received the homeless shelter deduction. For allowable shelter expenses, see
			 Section 542 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 16.03.04.534 - AVERAGING INFREQUENT, FLUCTUATING, OR ONE-TIME ONLY EXPENSES

Current through August 31, 2023
Infrequent, fluctuating, or one-time only expenses for medical,
				child support, shelter or child care are averaged. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.535 - MEDICAL EXPENSES

Current through August 31, 2023
Elderly or disabled household members that incur medical
				expenses over thirty-five dollars ($35) per month are allowed a Standard
				Medical Expense (SME) deduction. Eligible households must verify monthly
				medical expenses of more than thirty-five dollars ($35) at initial application.
				Households with medical expenses that exceed the monthly Standard Medical
				Expense may either verify the minimum amount to receive the SME or request and
				verify excess costs to receive an actual expense deduction at application and
				recertification. The household must provide proof of the incurred or
				anticipated cost before a deduction is allowed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.536 - DEPENDENT CARE EXPENSES

Current through August 31, 2023
The care of a dependent must be necessary to maintain
				employment, conduct job search, or attend school or training. The dependent
				care expenses must be deducted from income. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.537 - DEPENDENT CARE RESTRICTIONS

Current through August 31, 2023
Dependent care restrictions are listed below: (3-17-22)
01.
Care by Household Member
.
			 Dependent care cannot be deducted if the care is provided by another household
			 member. (3-17-22)
02.
In-Kind
			 Payment
. Dependent care cannot be deducted if the payment is in-kind,
			 such as food or exchanges for shelter. (3-17-22)
03.
Vendor Payment
. Dependent
			 care cannot be deducted if paid by vendor payment. (3-17-22)
04.
Spouse Can Give Care
.
			 Dependent care cannot be deducted if the spouse in the home is physically
			 capable of the dependent care and is not working, seeking work, or registered
			 for work. (3-17-22)
05.
Paid
			 or Reimbursed Dependent Care
. Dependent care cannot be deducted if paid
			 or reimbursed under a federal child care program. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.538 - CHILD SUPPORT EXPENSES

Current through August 31, 2023
Child support expense may be deducted for a household paying or
				expecting to pay legally obligated child support to or for a person living
				outside the household. The child support expense deducted must reflect the
				child support the household pays or expects to pay during the certification
				period, rather than the obligated amount. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.542 - COSTS ALLOWED FOR SHELTER DEDUCTION

Current through August 31, 2023
Shelter costs are current charges for the shelter occupied by
				the household. Shelter costs include costs for the home temporarily not
				occupied because of employment or training away from home or illness.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.543 - UTILITY ALLOWANCES

Current through August 31, 2023
The shelter deduction is computed using one (1) of four (4)
				utility allowances: Standard Utility Allowance (SUA). Limited Utility Allowance
				(LUA), the Minimum Utility Allowance (MUA), or the Telephone Utility Allowance
				(TUA). Utility allowances are not prorated. (3-17-22)
01.
Standard Utility Allowance
			 (SUA)
. (3-17-22)
a. The household must
			 have a primary heating or cooling cost to qualify for the SUA. The heating or
			 cooling costs must be separate from rent or mortgage payments.
			 (3-17-22)
b. Occupied and
			 unoccupied homes are households with both an occupied home and an unoccupied
			 home, that are limited to one (1) SUA. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.547 - COSTS NOT ALLOWED FOR THE SHELTER DEDUCTION

Current through August 31, 2023
The costs listed below are not allowed in computing the shelter
				deduction. (3-17-22)
01.
Utility
			 Deposit
. Fees for a one (1) time utility deposit. (3-17-22)
02.
Rental Deposit
. Damage or
			 advance deposits on rentals. (3-17-22)
03.
Past Due Rent
. Payments made
			 to pay past due rent. (3-17-22)
04.
Wood Cutting
. The cost to cut the household's own wood for
			 heating. (3-17-22)
05.
Furniture Rental
. Rental furniture fees. (3-17-22)
06.
Personal Insurance
.
			 Insurance on furniture or personal belongings. (3-17-22)
07.
Vehicle Not Used as
			 Residence
. Payments or gasoline costs on vehicles used only for
			 recreation. (3-17-22)
08.
Repairs Not Paid by Household
. Costs for repairing or replacing
			 shelter paid by private or public agencies, insurance companies, or any other
			 source. (3-17-22)
09.
Shelter
			 Not Paid by Household
. Shelter paid by a vendor or employer.
			 (3-17-22)
10.
Utility Cost
			 Paid by Utility Payment
. Utility costs paid entirely by HUD or FmHA
			 negative utility payment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.548 - COMPUTING THE SHELTER DEDUCTION

Current through August 31, 2023
The shelter deduction is computed as listed below:
				(3-17-22)
01.
Household with
			 Elderly or Disabled Member
. If the household has an elderly or disabled
			 member, deduct the monthly shelter cost exceeding fifty percent (50%) of the
			 household's income after all other deductions. (3-17-22)
02.
Household with No Elderly or
			 Disabled Member
. If the household does not have an elderly or disabled
			 member, deduct the excess of fifty percent (50%) of the household's income,
			 after all other deductions, up to the maximum limit as specified in Title
			 7 USC Section
			 2014. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.549 - NET INCOME LIMIT TEST

Current through August 31, 2023
Categorically eligible households do not have to meet the net
				income limit. All other households, including those with an elderly or disabled
				household member, must not exceed the net income limit 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 16.03.04.550 - DETERMINATION OF FOOD STAMP BENEFIT

Current through August 31, 2023
The Food Stamp benefit is computed in accordance with
				7 CFR
				273.9 and
				273.10. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.551 - ROUNDING FOOD STAMP PAYMENT

Current through August 31, 2023
Income and deductions are not rounded in determining gross or
				net income. Only the final Food Stamp amount is rounded. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.562 - PRORATING INITIAL MONTH'S BENEFITS

Current through August 31, 2023
Prorating is based on a thirty (30) day calendar month.
				Benefits are prorated from the application date to the end of the month.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.563 - FOOD STAMP PRORATING FORMULA

Current through August 31, 2023
The prorated Food Stamp amount is determined per
				7 CFR
				273.10(a)(1)(iii)(B). If the
				amount for the initial month is less than ten dollars ($10), benefits must not
				be issued. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.564 - BENEFITS AFTER THE INITIAL MONTH

Current through August 31, 2023
After the initial month, benefits must be issued as described
				below. (3-17-22)
01.
One and Two
			 Person Households
. All eligible one (1) and two (2) person households
			 must receive a minimum allotment equal to eight percent (8%) of the maximum one
			 (1) person allotment. (3-17-22)
02.
Three or More Person Household
. (3-17-22)
a. All eligible households with three (3) or
			 more members entitled to one dollar ($1), must receive two dollars ($2).
			 (3-17-22)
b. All eligible
			 households with three (3) or more members entitled to three dollars ($3), must
			 receive four dollars ($4). (3-17-22)
c. All eligible households with three (3) or
			 more members entitled to five dollars ($5), must receive six dollars ($6).
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.565 - FOOD STAMP BENEFITS FOR CATEGORICALLY ELIGIBLE HOUSEHOLD

Current through August 31, 2023
Categorically eligible households with one (1) or two (2)
				household members are eligible to get an allotment amount of Food Stamps that
				is equal to at least eight percent (8%) of the maximum monthly one (1) person
				allotment, regardless of net income. Categorically eligible households with
				three (3) or more household members are eligible for Food Stamps, but do not
				get Food Stamps if the net income is too high. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.573 - ACTING ON HOUSEHOLD COMPOSITION CHANGES

Current through August 31, 2023
Changes in household composition are not required to be
				reported. If a household does report a change in household composition, the
				Department will act on the change as required by options allowed under
				7 CFR
				273.12(c). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.574 - ADDING PREVIOUSLY DISQUALIFIED HOUSEHOLD MEMBERS

Current through August 31, 2023
The resources, income, and deductions of a previously
				disqualified household member must be determined. Change the previously
				disqualified household member's participation the month following the last
				month in the sanction or if the person becomes exempt. The disqualification
				must have been due to an intentional program violation (IPV), work registration
				or Job Search Assistance Program (JSAP) sanction, voluntary quit or reduction
				of work hours, failure to comply with the SSN requirement, or ineligible legal
				non-citizen status. The person's resources, income, and deductions that were
				previously prorated are counted in full the month after the disqualification
				ends. Prorate benefits from the date the ABAWD becomes Food Stamp eligible by
				reaching eighty (80) hours by working, participating in a work program, or
				combining work and work programs. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.575 - HOUSEHOLD COMPOSITION CHANGES FOR STUDENT

Current through August 31, 2023
Ineligible students are defined as non-household members. When
				a student's status changes, the change is treated as a new person entering or
				leaving the Food Stamp household. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.588 - NOTICE OF DECISION TO HOUSEHOLDS

Current through August 31, 2023
The Department must send the household a written notice as soon
				as Food Stamps are approved or denied. The household must get the notice no
				later than 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 16.03.04.601 - REPORTING REQUIREMENTS AND RESPONSIBILITIES

Current through August 31, 2023
Changes may be reported by phone, mail, or e-mail, or directly
				to the Department. Households must report as follows: (3-17-22)
01.
Income Exceeds One Hundred Thirty
			 Percent (130%) of FPG
. When the household's total gross income exceeds
			 one hundred thirty percent (130%) of the Federal Poverty Guideline (FPG) for
			 the household size. (3-17-22)
02.
Decrease in ABAWD Hours to Less Than Eighty (80) Hours Per Month
.
			 When there is a decrease in the household's ABAWD hours to less than 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 16.03.04.603 - PERSON OUTSIDE HOUSEHOLD FAILS TO PROVIDE PROOF - CHANGES

Current through August 31, 2023
Food Stamps cannot be closed solely because a person outside
				the household fails to provide requested proof. The Department will attempt to
				get another source of proof if a person outside the household does not provide
				requested proof. Disqualified household members are not persons outside the
				household. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.611 - TIME FRAMES FOR REPORTING CHANGES IN HOUSEHOLD CIRCUMSTANCES

Current through August 31, 2023
Households must report changes in circumstances as required in
				Section 601 of these
				rules. Households reporting required changes to the Department must do so by
				the tenth day of the month following the month in which the change occurred.
				(3-17-22)
01.
Reporting
			 Methods
. Changes can be reported by telephone, personal contact, mail,
			 or e-mail. Changes can be reported by a household member or authorized
			 representative. (3-17-22)
02.
Failure to Report
. If Food Stamps are over-issued because a
			 household fails to report required changes, a Claim Determination must be
			 prepared. A person can be disqualified for failure to report a change if he
			 commits an Intentional Program Violation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.613 - CHANGES ON WHICH THE DEPARTMENT MUST ACT

Current through August 31, 2023
The Department must follow the procedures for acting on
				reported changes as described in
				7 CFR
				273.12. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.617 - INCREASES IN FOOD STAMP BENEFITS

Current through August 31, 2023
01.
Household
			 Reports a Change
. If a household reports a change that results in an
			 increase in Food Stamps and the proof cannot be obtained through interfaces or
			 data brokers, the Department must allow the household ten (10) days to provide
			 proof. (3-17-22)
02.
Failure
			 to Provide Proof of Change
. If the household fails to provide proof of a
			 change that would increase the benefit level, the Food Stamp benefit remains at
			 the amount already established. (3-17-22)
03.
Proof Provided Within Ten
			 Days
. If the household provides proof within ten (10) days of reporting
			 the change, the Department will increase the Food Stamp benefits beginning the
			 month immediately following the month in which the change was reported. For
			 changes reported after the 20th of the month, a supplement is issued for the
			 next month no later than the 10th of the next month. If the change is reported
			 and verified after the final date to adjust Food Stamp benefits for the
			 following month in the Department's automated eligibility system, the change to
			 the Food Stamp benefits must be made by the following month, even if a
			 supplement must be issued. (3-17-22)
04.
Proof Not Provided Within Ten
			 Days
. If the household fails to provide proof within ten (10) days of
			 reporting the change, but provides proof later, benefits are increased the
			 month after the proof of the change is provided. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.618 - DECREASES IN FOOD STAMP BENEFITS

Current through August 31, 2023
If the Department acts on a change that results in a decrease
				in Food Stamp benefits, the Department must give timely notice, if required.
				The notice must explain the reason for the action. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.621 - TAFI OR AABD HOUSEHOLD REPORTING CHANGES

Current through August 31, 2023
If a change in the AABD or TAFI grant results in a change in
				the household's Food Stamp benefits, the Department must count the new grant
				amount, regardless of whether the Food Stamps increase or decrease. If a change
				requires a reduction or ending of TAFI or AABD and Food Stamp benefits, the
				Department will issue a Notice of Decision for both programs. If the household
				makes a timely request for a fair hearing and continued benefits, Food Stamp
				benefits continue pending the hearing. The household must reapply if
				certification expires before the hearing is complete. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.622 - CHANGE ENDS TAFI OR AABD INCOME

Current through August 31, 2023
A change ending a household's income from a TAFI or AABD grant
				during the certification period may affect Food Stamp eligibility. A
				household's Food Stamp benefits must not be closed just because of a TAFI or
				AABD closure. Food Stamp benefits will be closed only if the change requires
				the Department to take action under Section
				613 of these rules and the action
				would close Food Stamps. If the household appeals and TAFI or AABD is
				continued, continue Food Stamps at the same level. If a TAFI or AABD notice is
				not required or the household does not appeal, the Department must send a
				notice explaining that the household's benefits will end. A notice must be sent
				to the household when Food Stamp benefits change because of a TAFI or AABD
				change. If TAFI or AABD ends and the household remains Food Stamp eligible, the
				Department must advise the household of the work registration requirements.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.623 - FAILURE TO TAKE REQUIRED ACTION

Current through August 31, 2023
If the Department is unable to make a change in Food Stamp
				eligibility or issuance and an overissuance results, collect the overpayment.
				If the Department fails to act on a change that increases household benefits,
				restore lost benefits. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.629 - NOTICE OF LOWERING OR ENDING BENEFITS

Current through August 31, 2023
Households must be sent a Notice of Decision when Food Stamps
				are ended or reduced, unless notice is not required under 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 16.03.04.630 - ADEQUATE NOTICE

Current through August 31, 2023
Adequate notice is a written statement telling the household
				the action the Department is taking. The notice must tell the reasons for the
				action. The notice must advise the household of the right to a hearing. All
				notices must be adequate. If Food Stamps are reduced, the household must
				receive the notice on or before the first day of the month the action is
				effective. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.631 - NOTICE

Current through August 31, 2023
Notices must be sent within the time limits listed in these
				rules. Timely notice must be mailed at least ten (10) days before the effective
				date of the action. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.632 - TIMELY NOTICE NOT REQUIRED

Current through August 31, 2023
Timely notice is not required when the conditions listed below
				are met. Adequate notice must be given. (3-17-22)
01.
Statement of Household
. The
			 Department gets a clear, written, signed statement from the household. Food
			 Stamps can be ended or reduced from the facts given in the household statement.
			 (3-17-22)
02.
Food Stamps
			 Reduced After Closure Notice
. The household is sent a notice of closure
			 because it did not provide requested proof. The household provides the proof
			 before the first day of the month of closure. If the proof results in reduced
			 Food Stamps, the reduced benefits are issued. Timely notice of the reduction is
			 not required. (3-17-22)
03.
Food Stamps Closed or Reduced Because of Intentional Program Violation
			 (IPV) Penalty
. The Department must impose the IPV penalty the first of
			 the month after the month it gives written notice to the client. Timely notice
			 is not required. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.633 - NOTICE OF CHANGES NOT REQUIRED

Current through August 31, 2023
Notice to individual Food Stamp households is not required when
				the conditions listed in Subsection
				633.01 below are met. Mass
				notice must be given in some situations, as listed in Subsection
				633.02 below: (3-17-22)
01.
Waiver by the Household
. A
			 household member or authorized representative provides a written statement
			 requesting closure. The person gives information causing reduction or an end to
			 benefits and states, in writing, they know adverse action will be taken. The
			 person acknowledges in writing continuation of benefits is waived, if a fair
			 hearing is requested. (3-17-22)
02.
Mass Change
. Mass changes include: (3-17-22)
a. Changes in the income limit tables.
			 (3-17-22)
b. Changes in the
			 issuance tables. (3-17-22)
c.
			 Changes in Social Security benefits. (3-17-22)
d. Changes in SSI payments.
			 (3-17-22)
e. Changes in TAFI or
			 AABD grants. (3-17-22)
f. Changes
			 caused by a reduction, suspension, or cancellation of Food Stamps ordered by
			 the Secretary of USDA. (3-17-22)
g.
			 When it performs mass changes, the Department notifies Food Stamp households of
			 the mass change by one of the following methods: (3-17-22)
i. Media notices. (3-17-22)
ii. Posters in the Food Stamp offices and
			 issuance locations. (3-17-22)
iii.
			 A general notice mailed to households. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.634 - VERBAL REQUEST FOR END OF FOOD STAMPS

Current through August 31, 2023
If a household makes a verbal request for closure, end the
				benefits and notify the household with a ten (10) day advance Notice of
				Decision. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.639 - CONTINUATION OF BENEFITS PENDING A HEARING

Current through August 31, 2023
The household retains the right to continued benefits when the
				household requests a fair hearing within the ten (10) day notice period. The
				household must request this continuation of Food Stamps. If certification has
				not expired, Food Stamps can continue at the former level. Benefits must be
				continued within five (5) working days of the household's request for 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 16.03.04.641 - REDUCING OR ENDING BENEFITS BEFORE HEARING DECISION

Current through August 31, 2023
Benefits may be ended or reduced before the hearing decision,
				if a condition listed below is met: (3-17-22)
01.
Appeal of Federal Law
. The
			 hearing official states, in writing, the sole issue being appealed is one of
			 Federal law, regulation, or policy. (3-17-22)
02.
Food Stamp Issuance Changes
.
			 Food Stamp eligibility or benefit level changes occur before the hearing
			 decision and a new hearing is not requested. (3-17-22)
03
Food Stamps Expire
. The Food
			 Stamp certification period expires. (3-17-22)
04.
Mass Change
. A mass change
			 occurs before the hearing decision. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.646 - NOTICE OF DECISION FOR TIMELY RECERTIFICATION

Current through August 31, 2023
A Notice of Decision must be sent to households that reapply
				for Food Stamps. To receive Food Stamps with no break in issuance, households
				must complete a six-month or twelve-month contact or recertification before the
				fifteenth day of the last month of certification or six-month or twelve-month
				contact period. If the household applies before the fifteenth day of the month,
				the Department will notify the household of eligibility or denial by the end of
				the current 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 16.03.04.650 - RESTORATION OF LOST BENEFITS

Current through August 31, 2023
Lost benefits must be restored. The Department may find Food
				Stamps have been incorrectly denied, ended, or underissued to an eligible
				household. The Department may learn of lost benefits from case reviews, Quality
				Control reviews, or other sources. Benefits are restored when caused by a
				Department error, when a fair hearing is reversed, or an IPV disqualification
				is reversed. Restore benefits to eligible and previously eligible households.
				Restore benefits to households who have moved out of state. Restore benefits
				for SSA joint processing errors. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.651 - TIME FRAMES FOR RESTORATION OF BENEFITS

Current through August 31, 2023
Benefits must not be restored if lost more than twelve (12)
				months before notification or discovery. (3-17-22)
01.
Lost Benefits Reported by
			 Household
. Lost benefits are restored when the Department learns of lost
			 benefits reported by the household, a person outside the household or by
			 another agency. Twelve (12) months are counted from the month the Department is
			 notified of the lost benefits. (3-17-22)
02.
Lost Benefits Discovered by
			 Department
. Lost benefits are restored when the Department discovers
			 lost benefits during the course of business. Twelve (12) months are counted
			 from the month the Department discovers the benefits were lost.
			 (3-17-22)
03.
Lost Benefits
			 From Fair Hearing
. Lost benefits are restored to a household that
			 requests a fair hearing and the decision is in the household's favor. Twelve
			 (12) months are counted from the effective date of the adverse action causing
			 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 16.03.04.656 - REPLACING FOOD DESTROYED BY A DISASTER

Current through August 31, 2023
Conditions and procedures for replacing food destroyed by a
				disaster are listed below. The food must have been purchased with Food Stamps.
				(3-17-22)
01.
Food Destroyed in
			 a Disaster
. The actual value of loss, not to exceed one (1) month's
			 allotment, can be replaced. The food bought with Food Stamps must have been
			 destroyed in a disaster. The disaster may involve only the household, such as a
			 house fire, or a larger scope, such as a flood. There is no limit on the number
			 of times food destroyed in a disaster may be replaced. (3-17-22)
02.
Replacement Time Limit for Disaster
			 Loss
. The Department must provide either disaster Food Stamps or
			 replacement Food Stamps, but not both, within ten (10) days of the reported
			 loss, if: (3-17-22)
a. The household reports
			 the disaster within ten (10) days of the incident. (3-17-22)
b. The disaster is verified by collateral
			 contact, an organization such as the Fire Department or Red Cross, or by home
			 visit. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.675 - IPV, IHE AND AE FOOD STAMP CLAIMS

Current through August 31, 2023
An overissuance exists when the amount of Food Stamps issued
				exceeds the Food Stamps a household is eligible to receive. The Department must
				establish a claim against the household, to recover the value of Food Stamps
				overissued or misused. The types of Food Stamp claims are listed in Subsections
				675.01 through
				675.03 of this rule.
				(3-17-22)
01.
Intentional
			 Program Violation (IPV) Claim
. An IPV claim is an overissuance caused by
			 an intentional, knowing, and willful program violation. (3-17-22)
02.
Inadvertent Household Error (IHE)
			 Claims
. An IHE is a household error, without intent to cause an
			 overissuance, which results in a Food Stamp over-issuance. Causes of IHE claims
			 are: (3-17-22)
a. Failure to give information.
			 A household, without intent to cause an over-issuance, fails to give correct or
			 complete information. (3-17-22)
b.
			 Failure to report change that was required to be reported. A household, without
			 intent to cause an over-issuance, fails to report changes or to report at all.
			 (3-17-22)
c. Failure to comply. A
			 household, without intent to cause an over-issuance, fails to comply due to
			 language barrier, educational level, or not understanding written or verbal
			 instructions. (3-17-22)
d. Pending
			 IPV. An IHE claim occurs between the time of an IPV referral, and the IPV
			 decision. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.676 - PERSONS LIABLE FOR FOOD STAMP CLAIMS

Current through August 31, 2023
The persons listed in Subsections
				676.01 through
				676.03 are responsible for
				paying a claim. (3-17-22)
01.
Adult Household Members
. Adult members of the household at the
			 time of the overissuance or trafficking, are liable. They are individually and
			 jointly liable, whether residing in the household where the claim arose, or in
			 any other household. (3-17-22)
02.
Sponsor of an Alien
. The sponsor of an alien household member, if
			 the sponsor is at fault for the claim. (3-17-22)
03.
Person Connected to the
			 Household
. A person connected to the household, such as an authorized
			 representative, who actually trafficks, or causes an overissuance or
			 trafficking. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.677 - COMPUTING FOOD STAMP CLAIMS

Current through August 31, 2023
The Department computes Food Stamp claims as described in
				Subsections 677.01 and
				677.02 of this rule.
				(3-17-22)
01.
Claims Not Related
			 to Trafficking
. The Department computes claims, not related to
			 trafficking, back to a minimum of twelve (12) months before it became aware of
			 the overissuance. The Department does not compute claims, not related to
			 trafficking, back more than six (6) years. For an IPV claim, the Department
			 computes back to the month the first act of IPV occurred. The Department
			 continues to compute back a minimum of twelve (12) months before the first act
			 of IPV. The Department does not compute IPV claims back more than six (6) years
			 before the first act of IPV. (3-17-22)
02.
Trafficking-Related Claims
.
			 Claims arising from trafficking-related offenses are the value of the
			 trafficked Food Stamps as determined by: (3-17-22)
a. The individual's admission.
			 (3-17-22)
b. Adjudication.
			 (3-17-22)
c. The documentation
			 forming the basis for the trafficking determination.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.692 - DETERMINING DELINQUENT CLAIMS

Current through August 31, 2023
The Department determines if a claim is delinquent by using
				Subsections 692.01 through
				692.05 of this rule.
				(3-17-22)
01.
Claim Not Paid by
			 Due Date
. The claim is delinquent if not paid by the due date, and there
			 is not a satisfactory payment arrangement. The claim remains delinquent until
			 paid in full, a satisfactory repayment agreement is negotiated, or allotment
			 reduction is invoked. (3-17-22)
02.
Payment Arrangement Not Followed
. The claim is delinquent if a
			 payment arrangement is established, but scheduled payment is not made by the
			 due date. The claim remains delinquent until paid in full, allotment reduction
			 is invoked, or the Department agrees to resume or re-negotiate the repayment
			 schedule. (3-17-22)
03.
Previous Claim
. A claim is not delinquent if another claim for the
			 same household is being paid through an installment agreement or allotment
			 reduction. The Department begins collection on the new claim after the first
			 claim is settled. (3-17-22)
04.
Collection Coordinated Through Court
. A claim is not delinquent if
			 the Department is unable to determine delinquency status because collection is
			 coordinated through the court system. (3-17-22)
05.
Claim Awaiting Hearing
			 Decision
. A claim awaiting a hearing decision is not delinquent. If
			 later the hearing officer affirms a claim does exist against the household, the
			 Department notifies the household. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.694 - COLLECTING CLAIMS

Current through August 31, 2023
The Department collects payment for claims using the methods
				listed in Subsections
				695.01 through
				695.05 of these rules.
				(3-17-22)
01.
Allotment
			 Reduction
. The Department reduces the Food Stamp allotment to collect
			 the claim. (3-17-22)
a. For an IPV claim, the
			 allotment reduction limit is the greater of twenty dollars ($20) per month or
			 twenty percent (20%) of the household's monthly allotment. (3-17-22)
b. For an IHE or AE claim, the allotment
			 reduction limit is the greater of ten dollars ($10) per month or ten percent
			 (10%) of the household's monthly allotment. The household can agree to a higher
			 amount. (3-17-22)
c. The Department
			 does not reduce the initial month's Food Stamps, unless the household agrees to
			 this reduction. (3-17-22)