reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.695 - TOP NOTICES

Current through August 31, 2023
The Department will provide the household with a notice of
				intent to collect via Treasury offset. The notice must inform the household of
				the right to request a Department review of the intended collection action. The
				Department must receive the request for review within sixty (60) days of the
				notice of intent to collect. The notice of review determination must inform the
				household of the right to request that FNS review the Department's decision.
				The notice must include instructions for requesting a review by FNS and the
				address of the FNS regional office. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.696 - EFFECTS OF TOP ON THE FOOD STAMP HOUSEHOLD

Current through August 31, 2023
When a claim is referred to TOP, any eligible Federal payment
				owed to the household may be intercepted, and applied to the claim to reduce
				the debt. The household may be required to pay collection or processing fees
				charged by the Federal government to intercept the payment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.697 - REMOVING A CLAIM FROM TOP

Current through August 31, 2023
The Department removes a claim from TOP under the conditions
				listed in Subsections
				697.01 through
				697.05 of this rule.
				(3-17-22)
01.
Instructed by FNS
			 or Treasury
. FNS or Treasury instructs the Department to remove the debt
			 from TOP. (3-17-22)
02.
Household Undergoing Allotment Reduction
. The person is a member
			 of a Food Stamp household undergoing allotment reduction. (3-17-22)
03.
Claim Is Paid in Full
. The
			 claim is paid in full. (3-17-22)
04.
Claim Is Satisfied
. The
			 claim is satisfied through a hearing, termination, compromise, or other means.
			 (3-17-22)
05.
Payments
			 Resumed
. The household makes arrangements to resume payments.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.698 - INTENTIONAL PROGRAM VIOLATION (IPV)

Current through August 31, 2023
An IPV includes the actions listed in Subsections
				698.01 through
				698.06 of this rule. The client
				must intentionally, knowingly, and willfully commit a program violation.
				(3-17-22)
01.
False
			 Statement
. A person makes a false statement to the Department, either
			 orally or in writing, to get Food Stamps. (3-17-22)
02.
Misleading Statement
. A
			 person makes a misleading statement to the Department, either orally or in
			 writing, to get Food Stamps. (3-17-22)
03.
Misrepresenting
. A person
			 misrepresents facts to the Department, either orally or in writing, to get Food
			 Stamps. (3-17-22)
04.
Concealing
. A person conceals or withholds facts to get Food
			 Stamps. (3-17-22)
05.
Violation of Regulations
. A person commits any act violating the
			 Food Stamp Act, Federal regulations, or State Food Stamp regulations. The
			 violation may relate to use, presentation, transfer, acquisition, receipt, or
			 possession of Food Stamps. (3-17-22)
06.
Trafficking in Food Stamps
.
			 Trafficking in Food Stamps means any of the following: (3-17-22)
a. The buying, selling, stealing, or
			 otherwise effecting an exchange of food stamp benefits issued and accessed via
			 Electronic Benefit Transfer (EBT) cards, card numbers and personal
			 identification numbers (PINs), or by manual voucher and signature, for cash or
			 consideration other than eligible food, either directly, indirectly, in
			 complicity or collusion with others, or acting alone; (3-17-22)
b. Attempting to buy, sell, steal, or
			 otherwise affect an exchange of food stamp benefits issued and accessed via
			 Electronic Benefit Transfer (EBT) cards, card numbers and personal
			 identification numbers (PINs), or by manual voucher and signatures, for cash or
			 consideration other than eligible food, either directly, indirectly, in
			 complicity or collusion with others, or acting alone; (3-17-22)
c. The exchange of firearms, ammunition,
			 explosives, or controlled substances, as defined in Section
			 802 of Title 21, U.S.C., for food
			 stamp benefits; (3-17-22)
d.
			 Purchasing a product with food stamp benefits that has a container requiring a
			 return deposit with the intent of obtaining cash by discarding the product and
			 returning the container for the deposit amount, intentionally discarding the
			 product, and intentionally returning the container for the deposit amount;
			 (3-17-22)
e. Purchasing a product
			 with food stamp benefits with the intent of obtaining cash or consideration
			 other than eligible food by reselling the product, and subsequently
			 intentionally reselling the product purchased with food stamp benefits in
			 exchange for cash or consideration other than eligible food; or
			 (3-17-22)
f. Intentionally
			 purchasing products originally purchased with food stamp benefits in exchange
			 for cash or consideration other than eligible food.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.699 - ESTABLISHING AN INTENTIONAL PROGRAM VIOLATION (IPV)

Current through August 31, 2023
The Department establishes an IPV by the actions listed in
				Subsections 699.01 through
				699.03 of this rule.
				(3-17-22)
01.
Waiver
. The
			 client signs a waiver to a disqualification hearing. (3-17-22)
02.
Hearing
. An administrative
			 disqualification hearing determines an IPV. (3-17-22)
03.
Judgement
. A court judgement
			 determines an IPV (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.700 - ADMINISTRATIVE RESPONSIBILITY FOR ESTABLISHING IPV

Current through August 31, 2023
The Department must investigate and refer cases for an IPV
				determination. If there is enough recorded evidence to establish an IPV, the
				Department must take the actions listed below: (3-17-22)
01.
Act to Collect
. The
			 Department must act to collect overissuances. The Department must set up IHE
			 overissuance claims, when a suspected IPV claim is not pursued under
			 administrative or prosecution procedures. (3-17-22)
02.
Obtain Administrative
			 Disqualification
. The Department pursues administrative disqualification
			 when: (3-17-22)
a. The case facts do not
			 warrant civil or criminal prosecution. (3-17-22)
b. The case referred for prosecution was
			 declined. (3-17-22)
c. The case was
			 referred for prosecution and no action was taken in a reasonable time.
			 (3-17-22)
d. The case was referred
			 for prosecution, but the case was withdrawn 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 16.03.04.701 - PENALTIES FOR AN IPV

Current through August 31, 2023
IPV persons are ineligible for Food Stamps for twelve (12)
				months for the first violation. IPV persons are ineligible for Food Stamps for
				twenty-four (24) months for the second violation. IPV persons are ineligible
				for Food Stamps permanently for the third violation. The Department will
				disqualify only the person or persons who committed the IPV. The Department
				will notify the person in writing of the disqualification penalty. The penalty
				continues without interruption until completed, regardless of the eligibility
				of the disqualified person. An IPV penalty can be imposed, even if no
				overissuance claim exists. (3-17-22)
01.
Administrative Disqualification
			 Hearings
. The disqualification begins no later than the first day of the
			 second month following the date the person gets written notice of the
			 disqualification. (3-17-22)
02.
Waivers
. The disqualification begins the first day of the month,
			 following the date the person gets the written notice of disqualification.
			 (3-17-22)
03.
Court
			 Decisions
. The disqualification begins on the date imposed by the court
			 (to start the beginning of the following month) or, if no date is specified,
			 within forty-five (45) days of the date the disqualification was ordered,
			 beginning the first day 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 16.03.04.702 - PENALTIES FOR IPV TRAFFICKING

Current through August 31, 2023
IPV persons are ineligible for Food Stamps for two (2) years
				for the first finding by a court the recipient purchased illegal drugs with
				Food Stamps. IPV persons are permanently ineligible for Food Stamps for a
				second finding by the court the recipient purchased illegal drugs with Food
				Stamps. IPV persons are permanently ineligible for Food Stamps for a first
				finding by a court the recipient purchased firearms, ammunition or explosives
				with Food Stamps. A person convicted of trafficking in Food Stamp benefits of
				five hundred dollars ($500) or more is permanently disqualified from the Food
				Stamp program. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.703 - PENALTIES FOR IPV RECEIPT OF MULTIPLE BENEFITS

Current through August 31, 2023
A person found making a fraudulent statement or representation
				about identity or residence to get multiple benefits is ineligible for Food
				Stamps for ten (10) years for the first and second offenses and permanently for
				the third offense. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.715 - WAIVED HEARINGS

Current through August 31, 2023
Persons accused of an IPV may waive their right to an
				administrative disqualification hearing by completing and signing a Waiver of
				Disqualification Hearing. The steps needed to waive the hearing are listed
				below: (3-17-22)
01.
Review of
			 Evidence
. The Department must be sure the evidence warrants scheduling a
			 disqualification hearing before giving household members, suspected of an IPV,
			 the waiver option. Household circumstances must be reviewed by the Examiner
			 assigned the case and a program supervisor or designee. (3-17-22)
02.
Advance Notice
. If the
			 reviewers determine a waiver is proper, each household member suspected of IPV
			 must be mailed or given a Waiver of Disqualification Hearing.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.716 - DISQUALIFICATION AFTER WAIVED HEARING

Current through August 31, 2023
Persons waiving their right to an IPV administrative
				disqualification hearing must have penalties imposed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.717 - COURT REFERRALS

Current through August 31, 2023
Procedures for court referrals are listed below:
				(3-17-22)
01.
Referred
			 Cases
. The Department may refer persons suspected of getting or
			 receiving Food Stamps by committing an IPV. The Department may refer persons
			 suspected of committing an IPV (3-17-22)
02.
Impose Court Penalties
. The
			 Department must disqualify a person found guilty of IPV by a court for the
			 length of time specified by the court. The disqualified member's household will
			 remain responsible for the overissuance, resulting from the disqualified
			 member's IPV, regardless of the household's eligibility. If the court fails to
			 specify a period, use the IPV penalty periods specified in Section
			 701 unless they are contrary to the
			 court order. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.718 - DEFERRED ADJUDICATION

Current through August 31, 2023
Deferred Adjudication is an out-of-court settlement between the
				accused IPV member and the prosecutor. Terms of the settlement are listed
				below: (3-17-22)
01.
Deferred
			 Judgement Conditions
. Guilt is not decided by the court because the
			 accused person has met the terms of a court order or an agreement with the
			 prosecutor. (3-17-22)
02.
Agreement with Prosecutor
. If the Department has an agreement with
			 the prosecutor, the prosecutor may defer adjudication. The prosecutor must
			 agree to give advance written notice to the member stating the consequences of
			 consenting to disqualification. (3-17-22)
03.
Notice to Food Stamp Member
.
			 If the prosecutor decides deferred adjudication is fitting, the household
			 member suspected of IPV must be mailed or presented with a Deferred
			 Adjudication Disqualification Consent Agreement. (3-17-22)
04.
Disqualification Period
. The
			 period of disqualification must begin within forty-five (45) days of the date
			 the member signed the Deferred Adjudication Disqualification Consent Agreement
			 (HW 0546). The period of disqualification must begin as agreed upon with the
			 Prosecutor. Once a disqualification penalty is imposed against a member, the
			 period continues uninterrupted regardless of the household's eligibility. The
			 disqualified member's household continues to be responsible for overissuance
			 repayment resulting from the disqualified member's IPV regardless of the
			 household's eligibility. (3-17-22)
05.
Notice of Disqualification
.
			 The Department must provide a completed Notice of Disqualification (HW 0541)
			 before the disqualification to the disqualified member and remaining household
			 members. The Department must provide a Demand Letter for Overissuance and
			 Repayment Agreement (HW 0544). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.720 - CLAIMS DISCHARGED BY BANKRUPTCY

Current through August 31, 2023
The Department will act for FNS in bankruptcy proceedings
				against households owing claims. The Department may file proofs of claims,
				objections to discharge, exceptions, petitions and any other documents,
				motions, or objectives FNS might have filed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.722 - INTERSTATE CLAIMS COLLECTION

Current through August 31, 2023
If a household owes a claim and moves from one State to
				another, the first State should start or continue collection action. The first
				State has the initial opportunity to collect. The receiving State should take
				collection action if the first State fails to act. The receiving State should
				contact the first State to be sure the first State does not intend to pursue
				collection. The State share of claims collected is kept by the State making the
				collection. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.728 - FOOD STAMP REDUCTION, SUSPENSION, OR CANCELLATION

Current through August 31, 2023
Food Stamps for all Food Stamp households must be reduced
				suspended, or cancelled, if ordered by the USDA Secretary to comply with
				Section 18 of the Food
				Stamp Act of 1977. Reduced Food Stamps are computed using the thrifty food plan
				amounts and are reduced by a percentage defined by FNS. Food Stamp reduction,
				suspension, and cancellation rules are described below: (3-17-22)
01.
Reducing Food Stamps
. FNS
			 will notify the Department of the effective date of reduction and of the
			 thrifty food plan reduction percentage. The Department must: (3-17-22)
a. Act immediately to carry out the
			 reduction. (3-17-22)
b. Guarantee
			 one (1) and two (2) person households a minimum benefit of equal to eight
			 percent (8%) of the maximum one (1) person allotment unless the reduction is
			 ninety percent (90%) or more of total projected monthly benefits.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.751 - BOARDERS

Current through August 31, 2023
Rules for Food Stamp boarders are listed below:
				(3-17-22)
01.
Boarder Included
			 with Food Stamp Household
. Boarders may be included in the Food Stamp
			 household providing board. The Food Stamp household must request the boarder be
			 included. The household must be otherwise eligible. (3-17-22)
02.
Foster Children
. Foster
			 children are boarders. Foster care payments and guardianship payments are not
			 income for Food Stamps if the foster child does not get Food Stamps as part of
			 the household. If the household requests the foster child be included in the
			 Food Stamp household, foster care payments and guardianship payments are
			 counted. (3-17-22)
03.
Foster
			 Adults
. Foster adults are boarders. Foster care payments are not income
			 for Food Stamps if the foster adult does not get Food Stamps as part of the
			 household. If the household requests the foster adult be included in the Food
			 Stamp household, the foster care payments are counted. (3-17-22)
04.
Meal Compensation
. Boarder
			 status must be given to persons paying a reasonable monthly amount for meals.
			 (3-17-22)
a. Payments for more than two (2)
			 meals a day must equal or exceed the thrifty food plan for the boarder
			 household size. (3-17-22)
b.
			 Payments for two (2) meals or less per day must equal or exceed two-thirds
			 (2/3) of the thrifty food plan for the boarder household size.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.753 - SPONSORED LEGAL NON-CITIZENS

Current through August 31, 2023
Sponsored legal non-citizens are lawfully admitted for
				permanent United States residence, as defined in Sections
				101(a)(15)  and
				101(a)(20)  of the
				Immigration and Nationality Act. A sponsor executes an I-864 affidavit of
				support on behalf of legal non-citizen, as a condition of the legal
				non-citizen's entry or admission into the United States as a permanent
				resident. The income and resources of the sponsor will be deemed until the
				legal non-citizen becomes a naturalized citizen or until he has worked forty
				(40) qualifying quarters of coverage under Title II of the Social Security Act,
				or the sponsor dies. A qualifying quarter includes a quarter worked by the
				legal non-citizen's parent while the legal non-citizen was under eighteen (18)
				and a quarter worked by the legal noncitizen's spouse during marriage if the
				legal non-citizen remains married to the spouse or the spouse is deceased. Any
				quarter after January 1, 1997 in which a legal non-citizen received any federal
				means-tested benefit is not counted as a qualifying quarter. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.754 - DEEMING INCOME AND RESOURCES TO SPONSORED LEGAL NON-CITIZEN

Current through August 31, 2023
Income and resources of the sponsor are deemed available to the
				legal non-citizen. If the sponsor lives with his spouse, the spouse's income
				and resources are also deemed available to the legal non-citizen. The income
				and resources are deemed, even if the sponsor and spouse were married after the
				sponsor signed the sponsorship agreement. The Department counts income and
				resources deemed to the legal non-citizen toward Food Stamp eligibility and
				issuance level of the legal non-citizen's household. (3-17-22)
01.
Battered Legal Non-Citizen Whose
			 Sponsor Signed an Affidavit of Support
. For sponsor deeming, a battered
			 legal non-citizen includes the non-citizen and the child of the non-citizen.
			 The non-citizen or child must be battered in the U.S. by a spouse, parent, or
			 member of the family in the same household. The noncitizen must not participate
			 in, or acquiesce to, the battering of the child. (3-17-22)
a. A battered legal non-citizen whose sponsor
			 signed an affidavit of support is exempt from the sponsor deeming requirement
			 for one (1) year, if the need for Food Stamps is connected to the battery and
			 the legal non-citizen no longer lives with the batterer. (3-17-22)
b. The exemption from the sponsor deeming
			 requirement can exceed more than one (1) year if the legal non-citizen
			 demonstrates the battery has been recognized in an order of a judge or by the
			 INS and the need for Food Stamps is connected to the battery.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.757 - SPONSORED LEGAL NON-CITIZEN'S RESPONSIBILITY

Current through August 31, 2023
The legal non-citizen and legal non-citizen's spouse are
				responsible for getting the sponsor to cooperate with the Department in
				determining Food Stamp eligibility. The legal non-citizen and legal
				non-citizen's spouse are responsible for providing the information and proof to
				determine the income and resources of the sponsor and sponsor's spouse. The
				legal non-citizen and legal non-citizen's spouse are responsible for providing
				information and proof to determine if the sponsor sponsors other legal
				non-citizens and how many. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.761 - COLLECTING CLAIMS AGAINST SPONSORS WHO SIGNED AN I-864 AFFIDAVIT OF SUPPORT ON OR AFTER DECEMBER 19, 1997

Current through August 31, 2023
The Department must send a demand letter to the sponsor. The
				demand letter must include the amount owed, the reason for the claim, and the
				repayment options. The demand letter must tell the sponsor he will not have to
				repay, if he can show he did not give false statements or withhold information
				about his circumstances. Collection action may be stopped if documentation is
				obtained showing the sponsor cannot be located. Collection action may be
				stopped if the cost of collection exceeds the amount to be recovered. If the
				sponsor responds to the demand letter, a lump sum cash payment may be collected
				if the sponsor can pay the claim at one (1) time. If the sponsor cannot pay by
				lump sum, a monthly repayment schedule may be negotiated. Sponsor repayments
				must be recorded in the case file and identified as either an IHE or IPV claim.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.762 - COLLECTING CLAIMS AGAINST SPONSORED LEGAL NON-CITIZENS

Current through August 31, 2023
Claims may be collected against sponsored legal non-citizens
				with a sponsor who signed an I-864 affidavit of support on or after December
				19, 1997. Action may be taken to collect by submitting an IHE or IPV.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.763 - REIMBURSEMENT FOR BENEFITS RECEIVED

Current through August 31, 2023
A sponsor who signed an affidavit on or after December 19, 1997
				must reimburse the Department for the amount of Food Stamps received by the
				sponsored legal non-citizen. At the time of application for a sponsored legal
				non-citizen, the legal non-citizen's sponsor must be notified that he will be
				required to reimburse the Department for the entire amount of Food Stamps
				received by the sponsored 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 16.03.04.775 - FOOD STAMPS FOR HOUSEHOLDS WITH IPV MEMBERS, INELIGIBLE FUGITIVE FELON, PROBATION/PAROLE VIOLATOR, WORK REQUIREMENT SANCTIONS, OR A MEMBER CONVICTED OF A CONTROLLED SUBSTANCE-RELATED FELONY

Current through August 31, 2023
The Department calculates Food Stamp eligibility and benefit
				level for households containing members disqualified for an IPV, ineligible
				fugitive felon, probation/parole violator, members ineligible because of work
				requirement sanctions including JSAP, and Voluntary Quit, or a member
				ineligible because of a controlled substance-related felony. The household's
				Food Stamps must not increase because a household member is disqualified for
				IPV. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.791 - RESIDENT OF AN INSTITUTION

Current through August 31, 2023
A resident of an institution is not eligible for Food Stamps
				unless the resident meets one (1) of the requirements listed below. A person is
				a resident of an institution if the institution provides over fifty percent
				(50%) of the person's meals as a part of normal services. Residents must be
				otherwise Food Stamp eligible. (3-17-22)
01.
Resident Under Housing Act
.
			 The resident is in Federally subsidized housing for the elderly, under Section
			 202 of the Housing Act or 236 of
			 the National Housing Act. (3-17-22)
02.
Narcotic Addict or
			 Alcoholic
. The resident is a narcotic addict or an alcoholic living and
			 taking part in a treatment and rehabilitation program. (3-17-22)
03.
Blind or Disabled
. The
			 person is a disabled or blind resident of a group living arrangement.
			 (3-17-22)
04.
Battered Women
			 and Children
. The resident is a woman or a woman and her children,
			 temporarily living in a shelter for battered women and children. (3-17-22)
a. The woman is a separate household from
			 other shelter residents for Food Stamps. (3-17-22)
b. The woman and her children are a separate
			 household from other shelter residents 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 16.03.04.792 - PRERELEASE APPLICANTS FROM PUBLIC INSTITUTIONS

Current through August 31, 2023
Residents of public institutions who apply for prerelease
				program SSI may apply for Food Stamps before their release from public
				institutions. The application date is the date the person is released from the
				institution. Eligibility is based on the best estimate of a household's
				circumstances for the release month and the month after. Eligibility and Food
				Stamp amount are based on income and resources. Food Stamps for the initial
				month are prorated from the date the person is released from the institution to
				the end of the calendar month. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.793 - NARCOTIC ADDICT AND ALCOHOLIC TREATMENT CENTERS

Current through August 31, 2023
01.
Center Provides Certification List
. Each month, each center must
			 give the Field Office a list of current client residents. The list's accuracy
			 must be certified in writing by the center manager or designee. The Department
			 must conduct random on-site visits to assure list accuracy. If the list is not
			 accurate, or the Department fails to act on the change, the Department may
			 transfer the Food Stamp amount from the center's account to the household's
			 Food Stamp account, for the months the household was not living in the center.
			 (3-17-22)
02.
Center Misusing
			 Food Stamps
. The Department must promptly notify FNS if it believes a
			 center is misusing Food Stamps. The Department must not take action before FNS
			 takes action against the center. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.794 - TREATMENT CENTER RESPONSIBILITIES

Current through August 31, 2023
Each treatment center must follow SNAP application standards,
				with the exception of: (3-17-22)
01.
Return Food Stamps
. (3-17-22)
a.
			 The center must return all issue documents and Food Stamps, not given to a
			 departing resident, to the Department. (3-17-22)
b. Food Stamps must be returned to the
			 Department if the client left before the sixteenth of the month and the center
			 was unable to give him the Food Stamps. (3-17-22)
c. Food Stamps must be returned to the
			 Department if they were left over for a resident who left on or after the
			 sixteenth 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 16.03.04.795 - RESIDENTS OF GROUP LIVING ARRANGEMENTS

Current through August 31, 2023
Disabled or blind residents of public or private non-profit
				group living arrangements, serving no more than sixteen (16) residents may get
				Food Stamps. Residents get Food Stamps under the same standards as other
				households. Group living arrangements rules are listed below: (3-17-22)
01.
FNS Authorized Retailer or
			 Department Certified
. The center must be an FNS authorized retailer or
			 be certified by the Department as a non-profit group living center. Center
			 status must comply with Section
			 1616(e)  of the
			 Social Security Act or comparable standards of the Secretary of USDA.
			 (3-17-22)
02.
Application
			 Option
. Residents may apply on their own. Residents may apply as a
			 group. Residents may apply through an authorized representative employed and
			 designated by the center. Residents may apply through an authorized
			 representative of the resident's choice. (3-17-22)
03.
Residents Apply on Their Own
			 Behalf
. A person or a group of residents making up a household can apply
			 on their own behalf. The center must determine the resident is physically and
			 intellectually capable of handling his own affairs. If the resident is eligible
			 the center does not act as the authorized representative. The resident or group
			 is responsible for reporting any changes affecting eligibility or benefit
			 level. The resident is responsible for overissuances. (3-17-22)
04.
Certification
. Residents of
			 a center applying through the center's authorized representative must be
			 certified as a one (1) person household. Residents of a center applying on
			 their own behalf must be certified according to household size.
			 (3-17-22)
05.
Exempt From
			 Work Registration
. Residents are exempt from work registration.
			 (3-17-22)
06.
Notices
.
			 Residents are entitled to notices of adverse action. If a group living
			 arrangement center loses its authorization or certification notice is not
			 required. (3-17-22)
07.
Using
			 Food Stamps
. The Food Stamps may be used by the resident, a group of
			 residents, or by the center to purchase food for the resident. The center may
			 accept Food Stamps as payment for meals. If residents purchase or prepare food
			 for home consumption, the center must insure each resident's Food Stamps are
			 used for meals intended for that resident. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.796 - SHELTERS FOR BATTERED WOMEN AND CHILDREN

Current through August 31, 2023
The Department must determine if the shelter for battered women
				and children is a public or private non-profit residential facility. The
				Department must determine if the shelter serves only battered women and their
				children. If the facility serves other persons, the Department must determine
				if a portion of the facility is set aside to serve only battered women and
				children. Shelters having FNS authorization to redeem Food Stamps on a
				wholesale basis meet the shelter definition. Battered women and children
				shelter rules are listed below: (3-17-22)
01.
Food Stamp Eligibility
.
			 Women and children who recently left a household containing a person who abused
			 them may get Food Stamps, even if the household they left was getting Food
			 Stamps. Shelter residents may apply for and get separate Food Stamps only once
			 in a month. The original Food Stamp certification must have included the person
			 who subjected them to abuse. The resident household must meet eligibility
			 criteria for income, resources, and expenses. (3-17-22)
02.
Income, Resources, and
			 Expenses
. Income, resources, and expenses of the household are counted.
			 Income, resources, and expenses of their former household, containing the
			 person who subjected them to abuse, are not counted. Jointly held resources are
			 inaccessible if the resources are jointly owned by the shelter resident and
			 members of the abusive household. Jointly held resources are inaccessible if
			 the shelter residents' access to the resource is dependent on the agreement of
			 the joint owner still living in the former household. Room payments to the
			 shelter are shelter expenses. (3-17-22)
03.
Food Stamps for Former
			 Household
. The Department must take prompt action to correct the former
			 household's eligibility and allotment. The Department must issue a ten (10) day
			 advance notice of adverse action. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.816 - PURCHASE OF PREPARED MEALS

Current through August 31, 2023
Persons listed below may purchase prepared meals with their
				Food Stamps at sites authorized to accept Food Stamps. (3-17-22)
01.
Older Persons Eating at Communal
			 Dining Facility
. Persons sixty (60) or older and their spouses, or
			 persons who receive SSI and their spouses, can use Food Stamps to buy meals
			 made for them at communal dining facilities authorized to accept Food Stamps.
			 (3-17-22)
02.
Persons Unable
			 to Prepare Meals Getting Meal Delivery Service
. A person sixty (60)
			 years of age or over, and a spouse, can elect to use Food Stamps to purchase
			 meals from a nonprofit meal delivery service. A housebound, physically
			 handicapped or otherwise disabled person, unable to adequately prepare all
			 meals, and a spouse, can elect to use Food Stamps to purchase meals from a
			 nonprofit meal delivery service. (3-17-22)
03.
Resident Center
. A resident
			 of a drug addiction or alcoholic center can use Food Stamps at the center. The
			 person must be enrolled in a treatment and rehabilitation program operated by a
			 nonprofit organization or institution. (3-17-22)
04.
Battered Women and Children
.
			 A resident of a shelter for battered women and children can use Food Stamps to
			 purchase meals prepared by the shelter. (3-17-22)
05.
Homeless
. A homeless Food
			 Stamp client can use Food Stamps to buy meals prepared by a homeless meal
			 provider. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.850 - FOOD STAMP HOUSEHOLD RIGHTS

Current through August 31, 2023
The Food Stamp household has rights protected by Federal and
				State laws and Department rules. The Department must inform clients of their
				rights during the application process and eligibility reviews. Food Stamp
				rights are listed below: (3-17-22)
01.
Application
. The right to get an application on the date
			 requested. (3-17-22)
02.
Application Registered
. The right to have the signed application
			 accepted right away. (3-17-22)
03.
Representative
. The right to have an authorized representative if
			 the applicant cannot get to the Food Stamp office. The authorized
			 representative must have knowledge of the applicant's situation.
			 (3-17-22)
04.
Thirty Day
			 Processing
. The right to have the application processed and Food Stamps
			 issued within thirty (30) days. (3-17-22)
05.
Notification
. The right to
			 be told in writing of: (3-17-22)
a. The
			 reasons for the Department's action if the application is rejected.
			 (3-17-22)
b. The reasons for the
			 Department's action if Food Stamps are reduced or stopped.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.852 - FOOD STAMP HOUSEHOLD RESPONSIBILITIES

Current through August 31, 2023
The Food Stamp household must provide correct and complete
				information so the Department can make accurate eligibility and benefit
				decisions. The responsibilities of the Food Stamp household are listed below:
				(3-17-22)
01.
Provide
			 Information
. The Food Stamp household must provide information to
			 determine Food stamp eligibility. This includes, but is not limited to, all
			 information about household income, work and housing cost. (3-17-22)
02.
Quality Control
. The Food
			 Stamp household must cooperate with Quality Control if the case is selected for
			 review. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.853 - DEPARTMENT INFORMING RESPONSIBILITIES

Current through August 31, 2023
The Department must inform the Food Stamp household of what is
				expected of the household in the eligibility determination process. The
				Department must advise the household of the information listed below:
				(3-17-22)
01.
Households Rights
			 and Responsibilities
. The Department must inform the household of the
			 household's rights and responsibilities. (3-17-22)
02.
Eligibility Factors
. The
			 Department must inform the household of the eligibility factors that must be
			 met. (3-17-22)
03.
Eligibility Factor Proof.
The Department must inform the household
			 all eligibility factors must be proven. (3-17-22)
04.
Consequences of Failure to
			 Cooperate
. The Department must inform the household of the consequences
			 for failure to provide proof of eligibility factors. (3-17-22)
05.
Methods for Getting Proof
.
			 The Department must inform the household of the alternate methods to prove
			 eligibility when the household is unable to provide proof. (3-17-22)
06.
Department Methods for Getting
			 Proof
. The Department must inform the household of the methods it uses
			 to prove eligibility when the household is unable to provide proof.
			 (3-17-22)
07.
Social Security
			 Number Use
. The Department must inform the household Social Security
			 Numbers will be used to get wage, income and employment information.
			 Information is obtained from the Department of Employment (DOE), the Social
			 Security Administration (SSA) and the Internal Revenue Service (IRS).
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.854 - DEPARTMENT WILL DOCUMENT ELIGIBILITY DECISIONS

Current through August 31, 2023
The Department will document eligibility, ineligibility and
				Food Stamp issuance in the case record. The Department must record enough
				detail to support the Food Stamp determination. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.861 - NO DISCRIMINATION IN FOOD STAMP PROGRAM

Current through August 31, 2023
The Department must not allow human rights discrimination in
				the Food Stamp Program. The Department will administer the Food Stamp program
				so no applicant or recipient in Idaho is discriminated for or against due to
				race, color, gender or age. The Department will administer the Food Stamp
				program so no applicant or recipient in Idaho is discriminated for or against,
				due to political or religious belief or affiliation, national origin, handicap
				or disability. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.862 - PUBLIC NOTICE FOR NO DISCRIMINATION

Current through August 31, 2023
The Department must inform the public the Food Stamp Program is
				conducted without discrimination. The Department must display the U.S.D.A.
				poster "... And Justice for All" in all Field Offices. The application form
				must inform the public the Food Stamp Program is conducted without
				discrimination. Department Food Stamp publications must inform the public the
				Food Stamp Program is conducted without discrimination. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.863 - DISCRIMINATION COMPLAINT INFORMATION

Current through August 31, 2023
Field Offices must maintain copies of notices informing the
				public the Food Stamp Program is conducted without discrimination. These files
				must be available for inspection during reviews and audits. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.864 - DISCRIMINATION COMPLAINT PROCEDURE

Current through August 31, 2023
Any person can file a discrimination complaint. The person may
				use the Department's complaint procedure. The person may file a complaint
				directly to FNS, to the Department or both. The Field Office must explain both
				procedures orally or in writing. The Field Office must explain the one hundred
				eighty (180) day filing time limit, extensions and where to submit complaints.
				The Department must submit a written report describing the discrimination
				complaint and the action taken. This report is submitted to the Department's
				Civil Rights Coordinator. The Department must keep all complaints and complaint
				records for three (3) years. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.865 - DISCLOSURE OF INFORMATION

Current through August 31, 2023
Department programs include the Food Stamp Act, Federal
				regulations, Federal or Federally-aided means-tested assistance programs and
				general assistance programs with a means test and formal application
				procedures. The Department will make available to any Federal, State, or local
				law enforcement officer the address, SSN, and (if available) photograph of a
				Food Stamp recipient. The officer must furnish the recipient's name and notify
				the Department the person is fleeing to avoid prosecution, custody or
				confinement for a felony; violating a condition of parole or probation; or has
				information necessary for the officer to conduct an official duty related to a
				felony/parole violation. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.866 - AVAILABILITY OF PUBLIC INFORMATION

Current through August 31, 2023
Rules, plans of operation, procedures, manuals and instructions
				used to certify households must be available to the public. These materials
				must be available for public examination during regular office hours and
				workdays. Copies of audits or investigations, conducted by USDA, are for
				official use only and are not for public examination. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.867 - FOOD STAMP INFORMATION REQUIREMENTS

Current through August 31, 2023
Federal regulations and procedures in FNS notices and policy
				memos must be available for examination by the public. State plans of operation
				must be available for examination by the public. Examination may take place
				during office hours at Department headquarters. Handbooks must be available for
				examination upon request at each Field Office. The Department must provide
				information about Food Stamps through mass media, posters, fliers, pamphlets
				and face-to-face contacts. Minimum requirements are listed below:
				(3-17-22)
01.
Rights and
			 Responsibilities
. Households must be informed of Food Stamp program
			 rights and responsibilities. (3-17-22)
02.
Bilingual Information
. All
			 program information must be available in Spanish. Spanish information must say
			 the program is available without regard to race, color, sex, age, handicap,
			 religious creed, national origin or political belief. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.872 - PROGRAM TRANSFER DURING CERTIFICATION PERIOD

Current through August 31, 2023
Households changing from one (1) program to the other program
				within a certification period can do so only by ending participation. The
				household must tell the proper agency of its intent to switch programs.
				Households certified in either program on the first day of the month can only
				get that program's benefits during that month. A household, wanting to switch
				from one (1) program to the other program, must have its eligibility stopped
				for the currently certified program. Eligibility must end as of the last day of
				the month it chooses to change programs. The household must file an application
				for the program in which it wishes to take part. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.876 - PERSONNEL REQUIREMENTS

Current through August 31, 2023
The Department must provide the qualified employees needed to
				assure prompt action on applications and issuance of benefits. Department
				employees certifying households for Food Stamps must be hired under Idaho
				Personnel Commission standards. Only qualified Department employees can
				interview households and determine eligibility and benefit amount. Only
				authorized employees or contractors of the Department may have access to Food
				Stamp cards or other issuance documents. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.877 - VOLUNTEERS

Current through August 31, 2023
Volunteers, or other persons not employed by the Department,
				can engage in certification-related activities. Volunteers, or other persons
				not employed by the Department, must not conduct interviews or certify
				households. Volunteers and other persons can teach nutrition education and
				provide transportation to the Field Offices. Volunteers and other persons can
				help households complete the application forms. Volunteers and other persons
				can help get proof for information reported on the application.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.878 - PERSONNEL AND FACILITIES OF PARTIES TO A STRIKE

Current through August 31, 2023
Persons or organizations, who are parties to a strike or
				lockout, cannot be used in any activity related to certification. These persons
				must not certify applicant households, interview households or help get proof
				for the households. These persons can give proof of information provided by
				households, if they are in the best position to confirm a household's
				circumstances. Facilities of persons or organizations who are parties to a
				strike or lockout cannot be used in the certification process or as an
				interview site. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.879 - REVIEW OF CASE FILE

Current through August 31, 2023
The client or his representative is allowed to review his case
				file under Department Rules, IDAPA 16.05.01, "Use and Disclosure of Department
				Records." (3-17-22)