reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.03 - Criteria For Filing A Lien Administratively

Current through Register Vol. 42, No. 9, June 28, 2024
For a case to qualify for filing a lien administratively, it
				must meet the following criteria:
(1)
			 The balance of the noncustodial parent's total child support arrearage from all
			 cases, including interest, is at least $1, 000.00.
(2) The noncustodial parent's total arrearage
			 from all cases, including interest, must be equal to at least three months
			 current support obligation due under each case.
(3) In the case of a lien against personal
			 property such as a financial account, the balance of the noncustodial parent's
			 financial account(s) must be at least $5,000.00 as of the date of the financial
			 institution data match.
(4) The
			 noncustodial parent has or is likely to acquire property that can be
			 attached.
(5) The noncustodial
			 parent is not in bankruptcy.
(6)
			 The noncustodial parent is not a SSI recipient.
Author:
Clifford Smith
Statutory Authority:
P.L.
				  104-193;
Code of Ala.
				  1975
, §
										30-3-198.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.04 - Implementation Of An Administrative Lien

Current through Register Vol. 42, No. 9, June 28, 2024
The State Title IV-D agency is authorized to file a notice of
				lien against the real and personal property of any noncustodial parent who
				resides or owns property in the state and owes past-due child support. Upon the
				filing a Notice of Lien, a lien arises by operation of law.
(1) For personal property not subject to a
			 certificate of title, a Notice of Lien shall be sent by the State Title IV-D
			 agency through electronic transmission to the office of the Secretary of State.
(a) A digital signature on the Notice of Lien
			 shall authorize the filing of the lien.
(b) The lien shall be perpetual in
			 nature.
(c) A lien is created on
			 all personal property not subject to a certificate of title that the
			 noncustodial parent holds and/or may obtain in the future.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.05 - Execution Of A Lien

Current through Register Vol. 42, No. 9, June 28, 2024
When the State Title IV-D agency seeks to enforce a lien or a
				judicial order, notice shall not be required. The state shall accord full faith
				and credit to liens arising from another state's judicial or administrative
				action.
(1) Upon acknowledgment from
			 the Secretary of State that a lien has been filed administratively on personal
			 property, the state IV-D agency sends:
(a) An
			 Obligor Notice of Lien to the noncustodial parent informing him/her that a lien
			 has arisen by operation of law on any personal property belonging to him/her or
			 acquired after the lien arises.
(b)
			 A Request for Administrative Review form to the noncustodial parent that may be
			 used to request a desk review of the action taken within fifteen (15) days of
			 the date of the notice of lien.
(c)
			 A Notice of Attachment to the holder of the assets requesting a freeze be
			 placed on the noncustodial parent's assets for twenty-one (21) days and to
			 surrender the amount named in the document after that period of time.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.06 - Releasing A Lien

Current through Register Vol. 42, No. 9, June 28, 2024
A lien must be released by filing a release executed by the
				State Title IV-D agency in the appropriate agency where the lien has been
				filed.
(1) Reasons for releasing a
			 lien are:
(a) The child support debt is paid
			 in full.
(b) The Notice of Lien was
			 filed in error.
(c) The
			 noncustodial parent has filed bankruptcy.
(d) The noncustodial parent is a SSI
			 recipient
(e) Documents (i.e. bank
			 documents, etc.) indicate the noncustodial parent's name on the financial
			 account being seized is strictly for fiduciary purposes, for example, the
			 management of the funds of an elderly parent or minor child.
(f) The financial account contains SSI money
			 received by another joint account holder or individual who is a SSI
			 recipient.
(g) The noncustodial
			 parent or another joint account holder or individual is a former SSI recipient
			 and SSI funds were deposited into the financial account,
(h) The financial account is classified as a
			 business account.
(i) The financial
			 account is a joint account and the funds do not belong to the noncustodial
			 parent
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-17 - LIENS › Section 660-3-17-.07 - Right To Contest An Administrative Lien

Current through Register Vol. 42, No. 9, June 28, 2024
The noncustodial parent has a right to an administrative review
				of the action taken to implement a lien against his/her assets. The request for
				review must be in writing within fifteen (15) calendar days of the date
				appearing on the Notice of Lien. The Obligor Notice of Lien instructs the
				noncustodial parent to mail the written request to the State Title IV-D
				agency.
(1) Reasons for contesting the
			 lien:
(a) Mistake of fact.
(b) The child support debt is paid in
			 full.
(c) (S) He is receiving SSI
			 or there is SSI money in the financial account(s).
(d) (S) He does not meet the qualifications
			 for the lien.
(e) (S) He is
			 involved in bankruptcy proceedings.
(f) S (He) is strictly on the financial
			 account for fiduciary purposes, for example the management of the funds of an
			 elderly parent or minor child.
(g)
			 The financial account contains SSI money received by another joint account
			 holder or individual who is a SSI recipient.
(h) S (He) or another joint account holder or
			 individual is a former SSI recipient and SSI funds were deposited into the
			 financial account.
(i) The
			 financial account is classified as a business account.
(j) The financial account is a joint account
			 and the funds do not belong to him/her.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-18 - MEDICAL SUPPORT › Section 660-3-18-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
			 Chapter, the following terms shall have the following meaning:
(a) "Accessible" - health care coverage for
			 ordinary medical care available to the child(ren) within a 100-mile radius of
			 their residence.
(b) "Cash Medical
			 Support" - an amount ordered to be paid toward the cost of health insurance
			 provided by a public entity or by another parent through employment or
			 otherwise, or for other medical costs not covered by insurance.
(c) "Health Care Coverage" - includes any
			 health care coverage for a child or children in an IV-D case. This includes:
1. Private health insurance, such as
			 employment-based insurance and individually purchased health insurance policies
			 including those purchased through state and federal healthcare marketplaces;
			 and
2. Publicly funded health care
			 coverage including Medicaid, Children's Health Insurance Program (CHIP), other
			 state coverage plans, and coverage through Tricare or the Indian Health
			 Service.
(d) "Medical
			 Support" - for a child or children in an IV-D case includes:
1. Health care coverage;
2. Cash medical support, including payment of
			 health insurance premiums and co-payments; and
3. Payment of medical bills including dental
			 or vision care.
(e)
			 "National Medical Support Notice" - the federally approved form used by the
			 IV-D Child Support Program to enforce the provision of health care coverage for
			 children which is provided through an employment-related group health plan
			 pursuant to a child support order and for whom the employer is known to the
			 State agency.
(f) "Reasonable Cost"
			 - cash medical support or the cost of health insurance is considered reasonable
			 if the cost does not exceed 10% of the gross income of the obligated
			 parent.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-18 - MEDICAL SUPPORT › Section 660-3-18-.02 - Medical Support Establishment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The IV-D Child Support Enforcement Agency
			 must seek medical support for children from either parent.
(2) All child support orders enforced by the
			 IV-D Child Support Enforcement Agency shall include a provision for health care
			 coverage for the child(ren) to be provided by either or both parents.
(3) The IV-D Child Support Enforcement Agency
			 is required to:
(a) Petition the court to
			 include health care coverage in the support order if it is accessible to the
			 child(ren), is available to the parent responsible for providing medical
			 support and can be obtained for the child(ren) at reasonable cost in new or
			 modified court orders for support; and
(b) Allocate the cost of coverage between the
			 parents.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-18 - MEDICAL SUPPORT › Section 660-3-18-.03 - Medical Support Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The IV-D Child Support Agency must use
			 the National Medical Support Notice to enforce the provision of health care
			 coverage for children of obligated parents who are required to provide health
			 care coverage through an employment-related group health plan pursuant to a
			 child support order and for whom the employer is known to the State agency.
			 Federal law states that the IV-D Child Support Agency may enforce a medical
			 support order against the custodial parent; however, the Alabama State IV-D
			 Child Support Agency has opted not to do so.
(2) The IV-D Child Support Agency is not
			 required to use the National Medical Support Notice in cases with court orders
			 that stipulate alternative health care coverage.
(3) The IV-D Child Support Agency must use
			 the National Medical Support Notice to transfer notice of provision for health
			 care coverage of the child(ren) to employers.
(4) The IV-D Child Support Agency must
			 transfer the National Medical Support Notice to the employer within two
			 business days after the date of entry of an employee who is an obligor in a
			 IV-D case in the State Directory of New Hire.
(5) Employers must transfer the National
			 Medical Support Notice to the appropriate group health plan providing any such
			 health care coverage for which the child(ren) is eligible within twenty
			 business days after the date of the National Medical Support Notice.
(6) Employers must withhold any obligation of
			 the employee for employee contributions necessary for coverage of the
			 child(ren) and send any amount withheld directly to the plan.
(7) Employers must notify the State agency
			 promptly whenever the obligated parent's employment is terminated.
(8) The IV-D Child Support Agency must
			 promptly notify the employer when there is no longer a current order for
			 medical support in effect for which the IV-D agency is responsible.
(9) The IV-D Child Support Agency must, in
			 consultation with the custodial parent, promptly select from available plan
			 options when the plan administrator reports that there is more than one option
			 available under the plan.
(10) An
			 employer who fails to comply with the withholding of contributions for medical
			 support may be subject to legal action and personally liable to the obligee for
			 failure to withhold up to the amount of contributions which were not withheld.
			 In those cases, conditional and final judgment for the amounts to be withheld
			 may be entered by a court against the employer.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §
										27-21B-10;
				  42
				  USC 666(a) 19;
				  42 USC
				  652(f),
				  45 C.F.R.
				  303.32; ALABAMA STATE PLAN - CHILD SUPPORT
				  ENFORCEMENT DIVISION.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-18 - MEDICAL SUPPORT › Section 660-3-18-.04 - Procedure For Contesting Medical Support Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Parents obligated to provide medical
			 support may contest the withholding for health insurance premiums based on a
			 mistake of fact.
(2) If the
			 employee contests such withholding, the employer must initiate withholding
			 until such time as the employer receives notice that the contest is
			 resolved.
Author:
Janice Grubbs
Statutory Authority:
Code of Ala.
				  1975
, §
										27-21B-10;
				  42
				  USC 666(a) 19;
				  45 C.F.R.
				  303.32; ALABAMA STATE PLAN - CHILD SUPPORT
				  ENFORCEMENT DIVISION.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-19 - REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS › Section 660-3-19-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
			 Chapter, the following terms shall have the following meaning:
(a) "Adjustment" - an upward or downward
			 change in the amount of child support based upon an application of State
			 guidelines for setting and adjusting child support awards and/or provision for
			 the child's health care needs, through health insurance coverage or other
			 means.
(b) "Parent" - includes any
			 custodial parent or noncustodial parent or for purposes of requesting a review
			 any other person or entity who may have standing to request an adjustment to
			 the child support order.
(c)
			 "Review" - an objective evaluation conducted through a proceeding before the
			 court, quasi-judicial process, or administrative body or agency of information
			 necessary for application of the State's guidelines for support to determine
			 the appropriate support award amount and the need to provide for the child's
			 health care needs in the order through health insurance or other
			 means.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-19 - REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS › Section 660-3-19-.02 - Requirements For Review And Adjustment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The review may be requested by either
			 parent, the person or agency granted custody of the child(ren), or the child
			 support agency of another state.
(2) The Title IV-D child support agency must
			 review the child support order every three years upon the request of either
			 parent in non-IV-A cases or in all IV-A Family Assistance cases, and in cases
			 where the Title IV-D Agency learns that a noncustodial parent will be
			 incarcerated for more than 180 calendar days, and if appropriate adjust the
			 order in accordance with the State guidelines.
(3) A review is appropriate when:
(a) The order was entered, last reviewed, or
			 modified at least three years ago, unless the child support agency determines
			 that special circumstances warrant an earlier review.
(b) An active IV-D child support case exists
			 or the requestor completes or returns an application for IV-D
			 service.
(c) IV-A Family Assistance
			 has not determined that good cause for non-cooperation exists on a Family
			 Assistance case chosen for review.
(d) A court order does not contain a medical
			 support provision.
(e) The Title
			 IV-D Agency learns that a noncustodial parent will be incarcerated for more
			 than 180 calendar days.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-19 - REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS › Section 660-3-19-.03 - Procedure To Contest The Adjustment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Either party regardless of who applied
			 for IV-D services or requested the review may contest the results of the review
			 within 30 days of the date of the Notice of Results of Review.
(2) The party who requests the review does so
			 by requesting a review by the county supervisor.
(3) If the party is displeased with the
			 results of the review by the county supervisor, a request may be made for an
			 administrative hearing.
(4) If the
			 supervisory review and the administrative hearing uphold that an adjustment is
			 in order, the case will be referred to court for an adjustment.
(5) The contesting party then has the
			 opportunity to contest the action in court.
Author:
Janice Grubbs
Statutory Authority:
42
				  U.S.C 666(a) 10;
				  45 C.F.R.
				  303.8; ALABAMA STATE PLAN - CHILD SUPPORT
				  ENFORCEMENT DIVISION.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-1 - SCOPE AND AUTHORITY › Section 660-4-1-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
All regulations, notices, and procedures for the certification
				of food assistance households and subsequent issuance of food assistance to
				eligible households are promulgated by the United States Department of
				Agriculture, Food and Consumer Services, Washington, D.C. The State of Alabama,
				Department of Human Resources, acting as agent of the United States Department
				of Agriculture, Food and Consumer Services, has no authority to unilaterally
				issue, amend, or invalidate instructions or regulations regarding certification
				or issuance of food assistance. All regulations and definitions in this section
				are invalid or amended insofar as they conflict with or are in variance with
				the United States Department of Agriculture, Food and Consumer Services
				regulations, notice, or instructions.
Author:
Amy Plunkett
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011
et seq
; 7
				  C.F.R. 271
et seq
;
Code of Ala.
				  1975
, §
										38-2-6(17).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-1 - SCOPE AND AUTHORITY › Section 660-4-1-.02 - Adoption By Reference Of Title 7 Code Of Federal Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
The Department adopts by reference Title 7, Code of Federal
				Regulations, revised as of January 1, 1994, selected sections of Parts 271-274.
				The sections to be adopted by reference are specifically: 271.1 thru 271.7;
				272.1; 272.3; 272.4 thru 272.6; 272.8 thru 272.11; 273.1 thru 273.6; 273.7(a),
				(b), (g), (h), (i), (j), (l), (m), (n); 273.8 thru 273.15;273.16(e)(8), (h)(2),
				(h)(3); 273.17; 273.21; 274.1 thru 274 .11; 280.1 and all of same as may be
				amended. A copy of the adopted Code of Federal Regulations is contained in
				Appendix A. Also adopted by reference are Waivers 950032, 900017, and 950059. A
				copy of the adopted waivers is contained in Appendix B. Copies may be obtained
				for a cost at the Department's principle office, generally referred to as the
				Food Assistance Division, which is located at S. Gordon Persons Building; 50
				Ripley Street; Montgomery, Alabama 36130-1801.
Author:
Amy Plunkett
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011
et seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B Chapter II Subchapter C.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-1 - SCOPE AND AUTHORITY › Section 660-4-1-.03 - Personal Responsibility And Work Opportunity Reconciliation Act Of 1996

Current through Register Vol. 42, No. 9, June 28, 2024
The policies requiring implementation upon enactment of
				Public
				Law 104-193 are as follows:
(1) CERTIFICATION PROVISIONS
(a) The full amount of income and resources
			 of an alien's sponsor and the sponsor's spouse are counted until the alien
			 becomes a citizen or has worked 40 qualifying quarters of Social Security
			 coverage. Beginning January 1, 1997, a quarter in which the alien received
			 certain Federal means-tested assistance is not counted as a qualifying
			 quarter.
(b) Deletes a current
			 exemption so that children under 22 years old who live with their parents and
			 their own children or spouses must be included in the same household with their
			 parents.
(c) The income exclusion
			 for earnings of elementary and high school students is limited to students 17
			 years of age or younger.
(d) The
			 energy assistance exclusion is limited to (1) Federal energy assistance, except
			 that provided under Title IV-A of the Social Security Act (welfare block
			 grant), and (2) Federal or State one-time assistance for weatherization or
			 emergency repair or replacement of heating or cooling devices.
(e) Low-Income Home Energy Assistance Act
			 (LIHEAA) requires that all expenses met with LIHEAA payments shall be regarded
			 as out of pocket expenses qualifying for the SUA.
(f) State or local general assistance for
			 energy assistance which (under State law) cannot be provided in cash directly
			 to the household shall be excluded from income.
(g) An expense paid on behalf of a household
			 under State law to provide energy assistance is considered as out of pocket
			 expense incurred and paid by the household.
(h) Food assistance benefits shall be
			 prorated after any break in certification of at least one day, except for
			 migrant and seasonal farm worker households.
(i) Expedited service applications shall be
			 processed within 7 calendar days.
(j) an individual convicted (under Federal or
			 State Law) for any offense that is classified as a felony by the law of the
			 jurisdiction involved and which has as an element the possession, use or
			 distribution of a controlled substance on or after August 22, 1996, shall not
			 be eligible to receive food assistance benefits unless they have completed
			 their sentence or are satisfactorily serving a sentence of a period of
			 probation including completion of a mandatory participation in a drug treatment
			 program. The individuals who remain disqualified shall have their income and
			 resources attributed to the household.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
The Department establishes a food assistance program which
				provides food assistance to households which are deemed eligible based on rules
				and regulations given or approved by the U.S. Department of Agriculture and the
				Department. The following rules list those areas in which the Department has
				adopted a federally-permitted option or waiver for the operations of the
				program in this State.
Author:
Pamela Pace
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011 et
seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.03 - Obtaining Social Security Numbers

Current through Register Vol. 42, No. 9, June 28, 2024
A household participating or applying for participation in the
				Food Assistance Program must do one of the following for each household
				member:
1. Provide the member's Social
			 Security Number (SSN). To provide the number the household may state the
			 number, present a document with the number on it, or show the social security
			 card. See How SSN's are verified?
2. Apply for an SSN before certification if
			 the member does not have a number or the household is unable to provide the
			 number.
If individuals have more than one number, all numbers are
				required. Explain to applicants and participants that refusal or failure
				without good cause to provide an SSN will result in disqualification of the
				individual for whom an SSN is not obtained.
For those individuals who provide SSN's prior to certification,
				recertification, or any office contact, the county department will record the
				number; verification of the number is handled as stated in Section
				205(A).
Households who provided the SSA-2853, Hospital Enumeration at
				Birth form, or the certified copy of the birth certificate which indicates a
				Social Security Number has been applied for by the hospital, assume the
				responsibility for reporting the SSN to the county departments no later than
				the next recertification or six months, whichever comes later after the
				SSA-2853 has been received.
If the client has not received the SSN, the household member
				would have good cause. If the client received the SSN but lost the card,
				complete the SS-5 referral for issuance of a duplicate card and send the
				household to SSA. In this situation the automated system could be utilized to
				verify the SSN.
For those individuals who do not have a SSN, refer the
				household to the SSA to apply for a SSN.
In order that households can promptly and with the least
				confusion possible, complete a SS-5 at the Social Security Administration
				Office, the county department shall:
1. Review the Form DHR-PAD-1542, SS-5
			 Referral, with the applicant or household member(s), emphasizing in particular
			 what items of proof will need to be taken to the SSA office. These include:
a. Birth certificates.
b. Proof of citizenship/alien status (as
			 applicable).
c. Proof of identity
			 such as driver's license, draft card, report card, etc.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.05 - Determining Household Eligibility And Benefit Levels

Current through Register Vol. 42, No. 9, June 28, 2024
A household's eligibility shall be determined for the month of
				application by considering the household's circumstances for the entire
				calendar month of application.
1.
			 Households who are not in certification the month of application shall be the
			 month in which the household filed its application.
2. Households who are in certification and
			 apply for recertification in the last month of their certification have their
			 eligibility determined for the first month following the end of the
			 certification period.
Applicant household consisting of residents of a public
				institution who apply jointly for SSI and food assistance prior to their
				release from the public institution will have their eligibility determined for
				the month in which the applicant household is released from the
				institution.
Author:
Pamala Pace
Statutory Authority:
Food Stamp Act of 1977,
				  U.S.C. 2011
et seq
;
Code of Ala.
				  1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 273.10(a) (1) (i) and
				  (iii).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.07 - Reporting Changes

Current through Register Vol. 42, No. 9, June 28, 2024
The county office should react to the following changes when
				reported during the certification period. These reported changes and the action
				taken on these reported changes should be documented.
A.
Household Reported Changes -
			 Required Changes
1. Income Exceeds the
			 Maximum Allowable (130 of Poverty) The household must report this change by the
			 10th day of the month after the month during which this change occurs. If the
			 reported income (earned and unearned) is representative of the income the
			 household expects to receive ongoing, within 10 days the county office should
			 send a notice of adverse action to close the case due to excessive income. If
			 the reported income is not representative of the income the household expects
			 to receive ongoing the case should remain open. The eligibility worker should
			 document the case record concerning why this reported income is not
			 representative
For example: All check stubs for the month reported reflect
				overtime. The eligibility worker should discuss the overtime with the household
				to determine if the overtime will continue. If the overtime is not expected to
				continue, no change is due to be made in the budget.
2.
ABAWD in a Non-Exempt County
If an ABAWD is eligible because he/she is working more than 20
				hours weekly, the household must report the reduction of work hours to less
				than 20 hours a week by the 10th day of the month after the month during which
				this change occurs.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.08 - Recertification

Current through Register Vol. 42, No. 9, June 28, 2024
Once a household's certification ends, the household's
				eligibility must be redetermined if benefits are desired. Adopted options and
				waivers are as follows.
The county department shall complete the application process if
				the household meets all requirements and finishes the necessary processing
				steps, and approve or deny timely applications for recertification prior to the
				end of the household's current certification period.
In addition, any eligible household shall be provided an
				opportunity to participate by its normal issuance cycle in the month following
				the end of its current certification period.
However, the household shall lose its right to uninterrupted
				benefits when it fails to:
1. Attend
			 any interview scheduled on or after the deadline for timely filing of the
			 application for recertification as given in Section 1403.
2. Submit all necessary verification within
			 the time frame established in Section 1402C as long as the time frame elapses
			 after the deadline for filing a timely application.
Although a household loses its right to uninterrupted benefits
				for such failures, the household shall not be denied at that time, unless it
				refused to cooperate.
If the household loses its right to uninterrupted benefits due
				to such failures but is otherwise eligible after correcting such failures, the
				county department shall, at a minimum, provide benefits within 30 days after
				the date the application was filed.
Denials, including those for failure to complete the interview
				or provide missing verification timely, shall be completed either by the end of
				the current certification period or within 30 days after the date the
				application was filed as long as the household had adequate time for providing
				the missing verification.
The county department shall not continue benefits beyond the
				end of the certification period unless the household has been recertified. The
				joint processing requirements in Section 209 A for PA households shall continue
				to apply to applications for re-certifications.
Author:
Pamala Pace
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011 et
seq
;
Code of Ala.
				  1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 273.14(a) (2);
				  7 C.F.R.
				  272.8(g) (2), Waiver
				  #960179.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.09 - Fair Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Procedures for the hearing process used in fair hearings are in
				the General Administration Division as Chapter 660-1-5.
1. OPTIONS:
(a) Timely Action on Hearings
The county department is responsible for insuring that all
				final hearing decisions are reflected in the household's allotment within the
				time limits specified in Section 1502.
When the hearing authority determines that a household has been
				improperly denied program benefits or has been issued a lesser allotment than
				was due, lost benefits shall be provided in accordance with Chapter 16. The
				agency shall restore benefits to households which are leaving the project area
				before the departure whenever possible. If benefits are not restored prior to
				the household's departure, the agency shall forward an authorization to the
				benefits to the household or to the new project area if this information is
				known.
The new project area shall accept an authorization and issue
				the appropriate benefits whether the notice is presented by the household or
				received directly from another project area.
When the hearing authority upholds the county department's
				action, a claim against the household for any over-issuance shall be prepared,
				except for work registration sanction. (See Claims Against Households
				Manual)
If the hearing is dismissed and benefits were continued in
				accordance with Section 1510 rather than the proposed reduction/termination,
				the county department will take the following actions:
1. The planned reduction/termination will be
			 effective the first of the following month.
2. A letter will be sent to the household
			 advising of the reduction/termination and the effective month (not a Notice of
			 Adverse Action).
3. A claim will be
			 prepared for the months benefits were continued, except for work registration
			 sanction.
4. If the certification
			 period has expired or will expire before the planned action can be implemented
			 or other changes have occurred which offset the original intended action, then
			 only a claim will be prepared for the month(s) the original action would have
			 been effective.
5. If the household
			 established good cause for failing to appear, benefits will be continued at the
			 original level until/unless a change is reported, a mass change occurs, the
			 certification period expires or a decision is rendered.
6. Notify Food Assistance Division of the
			 good cause. A rehearing will be scheduled, conducted and a decision
			 rendered.
7. If the rehearing
			 decision finds for the agency, implement the action and prepare
			 claim.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-2 - CERTIFICATION OF ELIGIBLE HOUSEHOLDS › Section 660-4-2-.11 - Resource Eligibility Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Federal regulations concerning the treatment of resources are
				followed with exceptions listed below.
Only certain liquid resources owned by a household member will
				be used to determine the household's countable resources. Income counted to the
				household for a month cannot be counted as a resource for that same
				month.
The resources of a household member who is categorically
				eligible (receives SSI and/or FA benefits) will not be included in the resource
				determination for the household.
The resources of a household member that is determined
				categorically eligible based on expanded categorical eligibility rules will not
				be included in the resource determination for the household. The resources of
				household members who are disqualified or ineligible will be included as
				detailed in Section 1102.
The resources deemed to a sponsored alien will be included as
				detailed on Section 1108.
The following liquid resources will be counted:
1. Cash on hand.
2. Money in a checking account.
3. Money in a savings account.
4. Certificates of deposit (value minus any
			 penalty for early withdrawal).
5.
			 Stocks
6. Bonds
7. US Savings bonds (redeemable
			 value).
8. Vacation pay of a laid -
			 off employee that is received in a single payment or that the employee can but
			 chooses not to receive. (If these funds are received in more than one payment
			 the payments are counted as income.)
9. Loans (other than deferred payment loans
			 for education).
10. Trust funds to
			 which the household has access.
11.
			 Non - recurring lump sum payments including but not limited to:
a. In come tax refunds, rebates, or
			 credits.
b. Retroactive lump-sum
			 payments for Social Security, SSI, FA, UCB, and other programs.
c. Funds from a guardian or conservator
			 account which are limited to use in emergency situations.
d. Child support payments received from
			 income tax intercept.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
Food Assistance issuance activity is contracted. All benefits
				are to be issued by the contractor in accordance with Federal issuance
				guidelines. EBT cards are mailed to the households when initially certified and
				benefits are issued according to an issuance schedule based on the last two
				digits of the Food Assistance case number. Federal regulations contained in
				7 C.F.R.
				274.1 through 274.11 are administered by the
				Department of Human Resources, Food Assistance Division. The Department has
				adopted the following options and waivers:
* Retailer Participation - Charges to Retailers/Reinstallation
				Fees,
				7 CFR
				274.3(a)(2): Waiver to allow
				the State to support a "Rights Upon Termination" clause in the retailer
				agreement that allows the Contractor to charge retailers a fee to re-install a
				POS device that was originally installed at government expense, if removal was
				due to FNS disqualification as an authorized retailer and the retailer is again
				authorized. The cost for reinstallation must be clearly specified in the
				retailer agreement and training material.
* Performance and Technical Standards - PIN Selection via
				Automated Response Unit (ARU),
				7 CFR
				274.8(b)(3)(ii)(C): Waiver
				to allow PIN selection to be handled through the ARU or SIVR/Help Desk.
* Retailer Adjustment - No Hold/15 Calendar Day Debit,
				7CFR
				274.2(g)(2)(ii): Waiver
				allowing implementation of an EBT adjustment system which does not place a hold
				on a household's account for the amount of the debit. Also allows states to act
				on the debit adjustment within 15 calendar days rather than 10 business
				days.
* Expunge Benefits for Deceased Single Person Households,
				7 CFR
				274.2(h)(2): Waiver to
				immediately expunge benefits for single-person households that are deceased.
				When an official notice of death has been received, the State will immediately
				expunge the remaining benefits from the EBT account.
Author:
Julia Thomas
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011 et
seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 274.2(a)(2) and (3),
				  274.2(c)(2) and (3).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.02 - Providing Benefits To Participants

Current through Register Vol. 42, No. 9, June 28, 2024
Benefits are provided in a timely manner following federally
				mandated guidelines. The Department has adopted the following options and
				waivers.
(1) OPTIONS:
(a) Providing Benefits to Newly Certified
			 Households: Households which apply for benefits after the fifteenth of the
			 month, fulfill all requirements, and are determined to be eligible for both the
			 month of application and the next subsequent month will receive both allotments
			 in one combined allotment within the appropriate timeliness
			 standards.
(b) Providing Benefits
			 to Ongoing Households: When transferring a household from one issuance
			 procedure to another, provisions are made which would result in no more than 40
			 days elapsing between issuance of benefits.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.03 - Issuance System

Current through Register Vol. 42, No. 9, June 28, 2024
Benefits are issued through an EBT card. Each household is
				issued an EBT card following the initial certification of the household. The
				EBT cards are mailed to the household. The Department has adopted the following
				options and waivers.
(1) The
			 Contractor shall receive and process Benefit Authorization records transmitted
			 by the State. Benefit only records shall be transmitted by batch with the
			 exception of benefits added through the Administrative Terminal for those
			 accounts established for the purpose of fraud investigation. The Contractor
			 must process Benefit Authorizations and post the authorized benefit amounts to
			 the appropriate EBT accounts, based on the unique EBT Account Number, benefit
			 type, case number, and unique authorization number generated by the State for
			 each benefit authorization.
Author:
Julia Thomas
Statutory Authority:
Food Stamp Act of 1977
				  7 U.S.C.
				  2011 et
seq
,
Code of Ala. 1975
, §
										38-2-6(17);
				  44 U.S.C.
				  1510; 7 C.F.R. Subtitle B, Chapter II
				  Subchapter C Section 274.3(a).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.04 - Reconciliation And Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
All issuance is accounted for through a reconciliation process.
				The manner in which this is done corresponds to the type of issuance system
				used. The Department has adopted the following options and waivers.
As SNAP benefits are authorized by eligibility systems (SCI-II
				and FACETS), reports are generated that provide the details of the benefits
				being authorized. The benefits for the two authorization systems are passed
				through the Alabama EBT Interface System to ensure that an EBT account exists
				for the client. The Alabama EBT Interface System transmits the benefit files to
				the EBT Contractor. The State uses the Benefit Batch Posting Reports produced
				by the current EBT Contractor to ensure that all benefits passed to the EBT
				System have been posted or otherwise accounted for. The State tracks the
				availability of future date benefits by using the warehouse totals on Account
				Management Agent (AMA) to reconcile the monthly postings.
The State receives a Settlement Clearing Statement from the
				Contractor to determine the amount of funds to settle on a daily basis. State
				law requires that all Federal funds that the State is disbursing go through the
				State Treasury. Consequently, as funds are required for settlement, the State
				performs the draw down for Food Assistance benefits using the Automated
				Standard Application for Payments (ASAP). The current process used by the State
				allows funds to be moved to the Contractor's clearing account on the same day
				as the Settlement Clearing Statement is received.
Author:
Julia Thomas
Statutory Authority:
Food Stamp Act of 1977
				  7 U.S.C.
				  2011
et seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 274.4(a).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.05 - Replacement Issuance To Households

Current through Register Vol. 42, No. 9, June 28, 2024
Benefits are replaced when a household provides acceptable
				proof that benefits which were received or the food purchased with such
				benefits have been destroyed or when benefits which were mailed were not
				received. The Department has adopted the following options and waivers.
(1) OPTIONS:
(a) Replacement Restrictions: Replacements
			 made only if the household makes a timely report of a loss. In mail issuance
			 which is made after the 15th of the month, the report must be made by the end
			 of the following month.
Author:
Linda Stephens
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Section 660-4-3-.06 - Coupon Management. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Julia Thomas
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011
et seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 274.7(f).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-3 - ISSUANCE › Appendix A - Forms

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Click to view
				image
Author:
Julia Thomas
Statutory Authority:
Food Stamp Act of 1977,
				  7 U.S.C.
				  2011
et seq
;
Code of Ala. 1975
, §
										38-2-6(17); 7
				  C.F.R. Subtitle B, Chapter II Subchapter C Section 274.7(f)
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-4 - FOOD STAMP OVERPAYMENT › Section 660-4-4-.02 - Action On Inadvertent Overpayment

Current through Register Vol. 42, No. 9, June 28, 2024
Inadvertent overpayment may be the results of agency or
				household error. In all cases a claim must be established and collection action
				must be initiated. Repayment may be accepted in a lump sum or in negotiated
				payments. These may be in the form of cash, food stamps, offsets from
				underpayment, use of small claims court, income tax intercepts, or, in the case
				of participating households, voluntary withholding of part of the
				allotment.
Author:
Jeremy Barnes
Statutory Authority:
7 C.F.R.
				  273.16,
				  273.18;
Code of Ala. 1975
, §
										38-2-6.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-4-4 - FOOD STAMP OVERPAYMENT › Section 660-4-4-.04 - Procedures For Administrative Disqualification Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Disqualification hearings are conducted
			 at the state level. The state agency may combine a fair hearing and an
			 administrative disqualification hearing into a single hearing if the factual
			 issues arise out of the same, or related, circumstances and the household
			 receives prior notice that hearings will be combined. If hearings are combined
			 for the purpose of settling the amount of the claim at the same time as
			 determining whether or not intentional program violation has occurred, the
			 household shall lose its right to a subsequent fair hearing on the amount of
			 the claim.
(2) Within 90 days of
			 the date the accused is notified, the agency must conduct the hearing, arrive
			 at a decision, and notify the household member and other appropriate persons of
			 the decision.
(3) The individual or
			 a representative of the individual may request a postponement of a hearing.
			 This request must be made at least 10 days prior to the hearing date and
			 postponement may not exceed 30 days. The time fame for the State is adjusted by
			 the same number of days as the postponement.
(4) The hearing does not preclude the state
			 or federal government from prosecuting the household member in a civil or
			 criminal court or from collecting the overpayment.
(5) A copy of the state agency's published
			 hearing procedures shall be provided the accused at the time of
			 notification.
(6) If the individual
			 cannot be located or fails to appear, the hearing shall be conducted in
			 absentia.
(7) In rendering a
			 decision, specific program violations must be cited for anyone found
			 guilty.
(8) A state level decision
			 is immediately binding and must be implemented on the county level the
			 following month. If the individual wishes to pursue court action and the
			 decision is subsequently reversed, benefits lost will be restored.
Author:
Jeremy Barnes
Statutory Authority:
7 C.F.R.
				  273.16,
				  273.18;
Code of Ala. 1975
, §§
										38-2-6,
				  41-22-1 through -27.