reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 19 - Choctaw Food Distribution Program › Rule 18-14-19.7 - Disqualification for Intentional Program Violation (IPV)

Current through June 25, 2024
A. Disqualified members cannot participate in
				either program until the disqualification period ends and if determined
				eligible.
B. Only the household
				member that was determined to have committed the IPV can be
				disqualified.
C. The
				disqualification may affect the eligibility of the whole household.
D.
Penalties
:
				Household members will be ineligible to participate in FDP for:
1. 12 months for the
				1st violation;
2. 24 months for the
				2nd violation; and
3. Permanently for the
				3rd violation.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.1 - General

Current through June 25, 2024
A. Self-employment income is earned directly
				from a business or profession, rather than a specified salary or wages from an
				employer.
B. Ownership of rental
				property is considered a self-employment business.
Note
: Income
				derived from the rental property will be considered earned income only if a
				member of the household is actively engaged in the management of the property
				at least an average of 20 hours a week.
C. Payments from a roomer or boarder, except
				foster care boarders, are considered self-employment income.
7 CFR §
											273.9(b)(1)(ii)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.2 - Averaging Self-Employment Income

Current through June 25, 2024
A. Self-employment
				income must be averaged over the period of time the income is intended to
				cover.
B. If the averaged amount
				does not accurately reflect the household's actual circumstances because the
				household has experienced an increase or decrease in business, then MDHS must
				calculate the self-employment income on the basis of anticipated
				earnings.
C. If the self-employment
				enterprise has existed for less than a year, then the income from such
				enterprise must be averaged over the period of time the business has been
				operating and the monthly amount projected for the coming year.
D. Self-employment income from a farming
				operation that incurs irregular expenses has the option to annualize the
				allowable costs of producing self-employment income from farming when the
				self-employment farm income is annualized.
E. Annualizing Income: An estimate of
				self-employment income over a 12-month period if the income represents a
				household's annual support, even if the income is received in a shorter period
				of time.
F. Averaging Income:
				Averaging income over the number of months. The income is intended to cover, if
				the income is not included for the household's annual support.
7 CFR §
											273.11(a)(1)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.3 - Determining Monthly Income from Self-Employment

Current through June 25, 2024
A. The
				monthly net self-employment income is determined as follows:
1. Add the gross self-employment income
				(actual or anticipated) and capital gains;
2. Exclude the costs of producing the
				self-employment income; and
3.
				Divide the remaining amount of self-employment income by the number of months
				over which the income will be averaged.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.4 - Determining Self-Employment Expenses

Current through June 25, 2024
MDHS may either use actual costs for allowable expenses or
				  use the following to determine self-employment expenses:
A. The current reimbursement amount for the
				Child and Adult Care Food Program or a standard amount based on an estimated
				per-meal cost for income from day care;
B. The maximum SNAP allotment for a household
				size that is equal to the number of boarders for income from
				boarders;
C. The standard amount
				that MDHS uses for its TANF program; or
D. An amount approved by FNS.
7 CFR §
											273.11(b)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.5 - Allowable Costs of Producing Self-Employment Income

Current through June 25, 2024
Most costs of producing self-employment income are
				  deductible, with some exceptions. Allowable self-employment expenses include,
				  but are not limited to:
A. Labor
				expenses, including employer taxes, insurance premiums, and wages;
B. Insurance premiums for buildings, business
				vehicles, machinery, and trade;
C.
				Payments (principal and interest) for the purchase prices of income-producing
				real estate, capital assets, equipment, machinery and payments for maintenance,
				repairs and storage;
D. Supplies
				such as feed, fertilizer, plants, raw materials, seeds, stock; and
E. Taxes paid on income producing
				property.
7 CFR §
											273.11(b)(1)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 20 - Self-Employment › Rule 18-14-20.6 - Disallowable Self-Employment Expenses

Current through June 25, 2024
The following self-employment expenses are not allowable
				  costs of doing business in determining net self-employment income:
A. Depreciation;
B. Income taxes (federal, state or
				local);
C. Net losses from previous
				periods;
D. Work-related personal
				expenses including, but not limited to, transportation to and from the work
				site;
E. Money set aside for
				retirement purposes; and
F. Any
				amounts that exceeds the payment a household receives from a boarder for
				lodging and meals;
7 CFR §
											273.11(b)(2)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.1 - General

Current through June 25, 2024
A. MDHS has taken the option to disqualify
				custodial parents and non-custodial parents for non-cooperation with child
				support enforcement as well as for child support arrears.
B. To receive SNAP benefits, the following
				individuals must cooperate with the Division of Child Support Enforcement
				(CSE):
1. Custodial parents living with his or
				her child under 18 years of age. A custodial parent in this context is a
				natural or adoptive parent or other individual who is living with and exercises
				parental control over a child under the age of 18.
2. Non-custodial parents. A non-custodial
				parent in this context is a putative or identified parent who does not live
				with his or her child who is under the age of 18.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.2 - Verification of Child Support Payments

Current through June 25, 2024
Child support payments must be verified (see
Rule
				  3.3 Mandatory Verification at Initial
				  Application
and
Rule
				  33.10 Recertification
				  Verification
).
7 CFR §
											273.2(f)(1)(xii);
				  7 CFR §
										273.2(f)(8)(i)(A)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.3 - Cooperation

Current through June 25, 2024
A. Natural and adoptive parents and adults
				with parental control must cooperate with:
1.
				Establishing paternity of the child; and
2. Obtaining, modifying, or enforcing a
				support order for the child.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.4 - Good Cause Exemption

Current through June 25, 2024
A. MDHS must notify
				all individuals at application and reapplication for continuation of benefits
				of the right to good cause as an exemption to the cooperation requirement and
				the requirements to make a good cause determination.
B. An individual's failure to cooperation
				will be determined as "good cause" if:
1. The
				individual meets the good cause determination for the TANF program;
				or
2. If cooperating would make it
				more difficult for the custodial parent to escape domestic violence or unfairly
				penalize the individuals who is or has been a victim of such
				violence.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.5 - Individual Disqualification

Current through June 25, 2024
A. Failure to
				cooperate with CSE without good cause by a custodial or non-custodial parent
				will result in disqualification of the individual household member, not the
				entire household.
B. The income and
				resources of the disqualified individual will be handled according to
Rule 22.7 SSN
				Disqualifications, Child Support Disqualifications and Ineligible
				ABAWDs
.
7 CFR §
											273.11(o)(3);
				  7 CFR §
										273.11(p)(3);
				  7 CFR §
											273.11(q)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.6 - Termination of Disqualification

Current through June 25, 2024
Disqualification will end once it has been determined that
				  the individual is cooperating with CSE.
7 CFR §
											273.11(o)(5);
				  7 CFR §
										273.11(p)(6)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 21 - Child Support Requirements › Rule 18-14-21.7 - Disqualification of Child Support Arrears

Current through June 25, 2024
A. Non-custodial
				parents shall be ineligible to participate in SNAP as a member of any household
				during any month that the non-custodial parent is delinquent with any payments
				due under a court order for the support of a child of the individual.
B. A disqualification will
not apply
if:
1. A court is allowing the
				individual to delay payment;
2. The
				individual is complying with a payment plan approved by the court or
				CSE;
3. CSE determines that the
				individual has good cause for the non-support.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.1 - Intentional Program Violation (IPV), Certain Convicted Felon Disqualifications, Fleeing Felon Disqualifications and Work Requirement Sanctions

Current through June 25, 2024
A. The income and resources of the following
				ineligible non-household members will count in their entirety for the remaining
				household members:
1. Non-household members
				disqualified for an Intentional Program Violation;
2. Non-household members disqualified for
				failure to comply with workfare or work requirements;
3. Non-household members disqualified for a
				conviction as an adult for aggravated sexual abuse under section 2241 of title
				18, United States Code, since February 7, 2014 and not in compliance with the
				terms of his or her release;
4.
				Non-household members disqualified for a conviction as an adult for murder
				under section 1111 of title 18, United State Code, since February 7, 2014 and
				not in compliance with the terms of his or her release;
5. Non-household members disqualified for a
				conviction as an adult for an offense under chapter 110 of title 18, United
				States Code, since February 7, 2014 and not in compliance with the terms of his
				or her release;
6. Non-household
				members disqualified for a conviction as an adult for a Federal or MS offense
				involving sexual assault, as defined in section 40002(a) of the Violence
				Against Women Act of 1994, since February 7, 2014 and not in compliance with
				the terms of his or her release;
7.
				Non-household members disqualified for a conviction as an adult for an offense
				under MS law determined by the Attorney General to be substantially similar to
				an offense described in clauses 4-6 since February 7, 2014 and not in
				compliance with the terms of his or her release;
8. Non-household members disqualified for
				being probation and parole violators; and
9. Non-household members disqualified for
				being a fleeing felon.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.2 - Test for Fleeing Felons

Current through June 25, 2024
For an individual to be identified as a fleeing felon, MDHS
				  must verify all of the following is true:
A. An outstanding felony warrant by any law
				enforcement agency exists for the individual;
B. The individual must be aware of or should
				reasonably be able to expect that a felony warrant has or would have been
				issued;
C. The individual has taken
				some action to avoid being arrested or jailed; and
D. Any law enforcement agency is actively
				seeking the individual.
7 CFR §
											273.11(n)(1)(i)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.3 - Probation and Parole Violator

Current through June 25, 2024
To be considered a probation or parole violator, an impartial
				  person, as designated by MDHS, must determine that an individual violated a
				  condition of his or her probation or parole imposed under Federal or State law
				  and that any law enforcement official(s) is actively seeking the individual to
				  enforce the conditions of such probation or parole.
7 CFR §
											273.11(n)(2)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.4 - Actively Seeking

Current through June 25, 2024
Actively seeking means either a Federal, State or local law
				  enforcement agency:
A. Informs MDHS of
				its intent to enforce an outstanding felony warrant or arrest the individual
				for a probation or parole violation within 20 days of submitting a request for
				information about the individual to MDHS;
B. Presents a felony arrest warrant;
				or
C. States its intent to enforce
				an outstanding felony warrant or to arrest the individual for a probation or
				parole violation within 30 days of MDHS submitting a request for information
				about a specific outstanding felony warrant or probation or parole
				violation.
7 CFR §
											273.11(n)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.5 - Response Time from Law Enforcement

Current through June 25, 2024
A. MDHS must give
				the law enforcement agency 20 days to respond to a request for information
				about a felony warrant or a probation or parole violation and whether such
				agency intends to actively pursue the person.
B. If the law enforcement agency does not
				indicate its intent to actively pursue the felony warrant or arrest the
				individual for the probation or parole violation within 30 days of MDHS'
				request for information about the warrant, then MDHS will conclude that such
				individual is not a fleeing felon or a probation or parole violator.
C. If the law enforcement agency indicates
				its intent to actively pursue the felony warrant or arrest the individual for
				the probation or parole violation within 30 days of MDHS's request for
				information, then MDHS will delay taking action on the case until the 30-day
				period has expired.
D. Once the
				30-day period has expired, MDHS must verify with the law enforcement agency
				whether it has attempted to execute the felony warrant or arrest the probation
				or parole violator. If so, MDHS must deny an applicant or terminate a
				participant. If the law enforcement agency has not taken any action within 30
				days, then MDHS will conclude that such individual is not a fleeing felon or a
				probation or parole violator.
7 CFR §
											273.11(n)(4)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.6 - Awaiting Verification of Fleeing Felon, Probation or Parole Violator Status

Current through June 25, 2024
A. MDHS must
				continue to process the application while awaiting verification of fleeing
				felon, probation or parole violator status.
B. The fleeing felon, probation or parole
				status will not be considered if MDHS must act in order to meet required
				timeliness application processing standards.
7 CFR §
											273.11(n)(5)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.7 - SSN Disqualifications, Child Support Disqualifications and Ineligible ABAWDs

Current through June 25, 2024
A. The resources of
				these ineligible non-household members will continue to count in their entirety
				for the remaining household members.
B. A pro rata share of the income of these
				ineligible non-household members will be counted as income to the remaining
				household members. This pro rata share is calculated by first subtracting the
				allowable exclusions from the ineligible member's income and dividing the
				income evenly among the household members, including the ineligible members.
				Everything except the ineligible member's share is counted as income for the
				remaining household members.
C. The
				20% earned income deduction will apply to the prorated income earned by the
				above referenced ineligible household members. That portion of the household's
				allowable child support payment, shelter and dependent care expenses which are
				either paid by or billed to the ineligible members will be divided evenly among
				the household members, including the ineligible members. Everything except the
				ineligible member's share is counted as a deductible child support payment,
				shelter or dependent care expense for the remaining household
				members.
D. The aforementioned
				ineligible non-household members must not be included when determining the
				household's size for the purposes of:
1.
				Assigning a benefit level to the household;
2. Assigning a standard deduction to the
				household;
3. Comparing the
				household's monthly income with the income eligibility standards; or
4. Comparing the household's resources with
				the resource eligibility standards.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.8 - Ineligible Non-Citizens

Current through June 25, 2024
A. A pro rata share
				of the income of such ineligible non-citizen will be counted as income to the
				remaining household members. This pro rata share is calculated by first
				subtracting the allowable exclusions from the ineligible non-citizen's income
				and dividing the income evenly among the household members, including the
				ineligible non-citizen. Everything except the ineligible non-citizen's share is
				counted as income for the remaining household members.
B. The resources of the ineligible
				non-citizen will count in their entirety for the remaining household
				members.
C. The 20% earned income
				deduction will apply to the prorated income earned by the above referenced
				ineligible non-citizen. That portion of the household's allowable child support
				payment, shelter and dependent care expenses which are either paid by or billed
				to the ineligible non-citizen will be divided evenly among the household
				members, including the ineligible non-citizen. Everything except the ineligible
				non-citizen's share is counted as a deductible child support payment, shelter
				or dependent care expense for the remaining household members.
D.
Exception
: If the household
				is entitled to the SUA or BUA and is billed or pays all or part of the
				household's utility expenses, then the household will be entitled to the full
				amount.
E. The above statements do
				not apply to an non-citizen:
1. Who is
				lawfully admitted for permanent residence under the Immigration and Nationality
				Act (INA);
2. Who is granted asylum
				under section 208 of the INA;
3.
				Who is admitted as a refugee under section 207 of the INA;
4. Who is paroled in accordance with section
				212(d)(5) of the INA;
5. Whose
				deportation or removal has been withheld in accordance with section 243 of the
				INA;
6. Who is aged, blind, or
				disabled in accordance with section 1614(a)(1) of the Social Security Act and
				is admitted for temporary or permanent residence under section 245A(b)(1) of
				the INA; or
7. Who is a special
				agricultural worker admitted for temporary residence under section 210(a) of
				the INA.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.9 - Treatment of Income and Resources of Other Non-Household Members

Current through June 25, 2024
A. For all other non-household members who
				are not specifically referenced in other rules in this chapter, the income and
				resources of such individuals will not be considered available to the remaining
				household members, such as an ineligible student.
B. Cash payments from such non-household
				member to the household will be considered income.
C. If the household shares deductible
				expenses with such non-household member, only the amount actually paid or
				contributed by the household will be deducted as a household expense. If the
				payments or contributions cannot be separated, the expenses will be prorated
				evenly among individuals actually paying or contributing to the expense and
				only the household's pro rata share will be deducted.
D.
Exception
: If the household
				is entitled to the SUA or BUA and is billed or pays all or part of the
				household's utility expenses, then the household will be entitled to the full
				amount.
E. If earned income of one
				or more household members is combined into one wage with the earned income of
				such non-household member, the income of the remaining household members will
				be determined as follows:
1. If the
				household's share can be identified, MDHS will count that portion due to the
				household as earned income.
2. If
				the household's share cannot be identified, MDHS will prorate the earned income
				among those whom it was intended to cover and count that prorated portion to
				the household.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.10 - Reduction of Public Assistance Benefits

Current through June 25, 2024
A. If a
				household's benefits are reduced because of the failure of a SNAP household
				member performing an action under a Federal, State or local means-tested public
				assistance program, MDHS will not increase the household allotment as the
				result of the decrease in income.
B. The prohibition on increasing SNAP
				benefits exists for the duration of the reduction in the assistance
				program.
C. If the sanction is
				still in place at the end of one year, MDHS must review the case to determine
				the appropriateness of a further sanction.
D. MDHS must lift the prohibition on
				increasing SNAP benefits if it is determined that the individual has become
				ineligible for the assistance program for another reason or the individual's
				assistance case is closed.
E. MDHS
				must act on changes that are not related to the assistance violation and that
				would affect the household's benefits.
7 CFR §
											273.11(j)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.11 - Comparable Disqualification

Current through June 25, 2024
A. If a
				disqualification is imposed on a member of a household for failure to perform
				an action required under a Federal, State, or local means-tested public
				assistance program, MDHS may impose the same disqualification on the SNAP
				household member.
B. This provision
				does not apply to individuals who are disqualified at the time the individual
				initially applies for assistance benefits.
C. MDHS must stop the SNAP disqualification
				when it becomes apparent that the individual has become ineligible for
				assistance for another reason or the individual's assistance case is
				closed.
D. Only the individual who
				committed the assistance program violation may be disqualified for SNAP
				purposes even if the entire assistance unit is disqualified for Title IV-A
				purposes.
E. MDHS may determine the
				length of the disqualification provided that the disqualification does not
				exceed the disqualification in the other program.
F. If the sanction is still in place at the
				end of one year, MDHS must review the case to determine the appropriateness of
				a further sanction.
7 CFR §
											273.11(k)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.12 - School Attendance

Current through June 25, 2024
A. MDHS may
				sanction a family that includes an adult who has received TANF assistance or
				SNAP benefits if such adult fails to ensure that his or her minor dependent
				child(ren) attend school as required by the state of Mississippi.
B. MDHS may sanction a family that includes
				an adult who is older than 20 and younger than 51 who has received TANF
				assistance or SNAP benefits if such adult does not have or is not working
				toward attaining a secondary school diploma or a recognized
				equivalent.
7 CFR §
											273.11(l)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.13 - Disqualification for Substantial Lottery or Gambling Winnings

Current through June 25, 2024
A. Substantial lottery or gambling winnings
				are cash prizes equal to or greater than the maximum allowable resource limit
				for elderly or disabled household as set by FNS that were won in a single game
				before taxes or other withholdings.
B. Receipt of substantial winnings must be
				reported to MDHS.
C. A household
				certified to receive benefits will lose eligibility immediately and be
				disqualified upon receipt of substantial lottery or gambling winnings by any
				individual in the household.
D.
				Such households will remain disqualified until they meet the allowable income
				and resource eligibility standards as set by FNS.
7 CFR §
											273.11(r)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 22 - Households with Excluded Members › Rule 18-14-22.14 - Individuals Convicted of Drug-Related Felonies

Current through June 25, 2024
A.
				Mississippi has opted out of the law that denies assistance and benefits after
				drug-related convictions.
B.
				Mississippi statute as of July 1, 2019 provides that individuals convicted of
				drug-related felonies are eligible to receive SNAP benefits.
7 CFR §
											273.11(m); Miss. Code Ann.
				  §
										43-12-71
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.1 - Eligibility Criteria for DAA Treatment Centers

Current through June 25, 2024
In order for an addict or alcoholic to be eligible to
				  participate in SNAP, the DAA treatment center must provide proof that it is
either
:
A. Publicly
				operated or a private non-profit organization and certified by Mississippi's
				Title XIX agency (Mississippi Department of Mental Health) as either:
1. Receiving funding under part B of Title
				XIX of the Public Health Service Act;
2. Eligible to receive funding under part B
				of Title XIX even if no funds are being received;
3. Operating to further the purposes of part
				B of Title XIX to provide treatments and rehabilitation of drug addicts and/or
				alcoholics; or
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.2 - Application

Current through June 25, 2024
A. Residents of DAA treatment centers must
				voluntarily decide to apply for SNAP benefits but must apply and be certified
				through an authorized representative who is employed by the center and
				designated for such purpose.
B.
				MDHS requires that the resident also designate the DAA treatment center as
				their authorized and benefit representative.
7 CFR §
											273.2(n)(1)(ii);
				  7 CFR §
										273.11(e)(1)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.3 - Expedited Service

Current through June 25, 2024
MDHS will make benefits available to residents in DAA
				  treatment centers who are entitled to expedited services no later than seven
				  calendar days following the application filing date.
7 CFR §
											273.2(i)(3)(ii)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.4 - Household Concept

Current through June 25, 2024
A. Eligible
				residents living in DAA treatment centers must be certified as a one-person
				household from others living in the center.
B.
Exception
: If their children
				are living with them, then the children must be included in the
				household.
7 CFR §
											273.1(b)(7)(vi)(B);
				  7 CFR §
										273.11(e)(1)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.5 - Use of Benefits

Current through June 25, 2024
Eligible residents of a DAA treatment center may use SNAP
				  benefits to purchase food prepared for them during the course of their stay by
				  a private non-profit organization or a publicly operated community mental
				  health center that is a FNS authorized retailer.
7 CFR §
											274.7(g)(3)(i);
				  7 CFR §
										278.1(e)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.6 - Responsibilities of DAA Treatment Centers During a Resident's Stay

Current through June 25, 2024
A. The staff member who is designated as the
				authorized representative must be aware of SNAP applicant's
				circumstances.
B. Such authorized
				representative must use the SNAP benefits for food prepared by or served to the
				resident addict and/or alcoholic.
C. If the DAA treatment center is an
				authorized retailer, a point-of-sale (POS) terminal will be installed for
				residents to pay for the meals provided.
D. The DAA treatment center must ensure that
				only up to one-half of the allotment is used before the
				16th day of each month.
E. The DAA treatment center must notify MDHS
				of all changes in the household's circumstances, including when the residents
				leaves the center.
F. On a monthly
				basis, management of the DAA treatment center must provide a listing the
				currently participating SNAP residents and attest to its validity. The form
				must be submitted to MDHS within five business days after the end of the month
				for which it is prepared.
G. The
				DAA treatment center is responsible for:
1.
				Any misrepresentations of fact or intentional SNAP program violations which it
				knowingly commits;
2. And will be
				strictly liable for all losses or misuse of benefits and/or EBT cards held on
				behalf of resident households; and
3. All over issuances that occur while
				households are residents of the center.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.7 - Responsibilities of DAA Treatment Centers When a Resident Departs

Current through June 25, 2024
A. Notify the county MDHS office.
B. Upon a scheduled departure, the DAA
				treatment center must provide the household with a change reporting form and
				advise the resident to complete and return the form to MDHS within 10
				days.
C. The center must provide
				the household its EBT card along with their personal identification number
				(PIN) upon departure.
D. DAA
				treatment centers must return any EBT cards to MDHS by the end of each month
				that are not returned to the departing residents.
E. The center is no longer authorized to act
				as the household's authorized representative for application purposes or as a
				benefit representative upon a resident's departure.
F. If benefits are not used, then the full
				monthly value of the benefits must be on the EBT card or refunded to the
				resident when the household leaves the center.
G. If benefits are debited and any portion
				used, then one of the following must occur:
1.
				If the household leaves before the 16th of the
				month, the center must ensure the household has one-half of its monthly benefit
				allotment on the EBT card; or
2. If
				the household leaves on or after the 16th day of the
				month, the resident must have control over any of the remaining monthly
				allotment.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.8 - Responsibilities of Residents of DAA Treatment Centers Upon Departure

Current through June 25, 2024
Upon departure, the individual must complete and return the
				  change reporting form provided by the DAA Treatment Center and return it to
				  MDHS within 10 days to notify the agency of the individual's new address. The
				  change reporting form is also available and can be uploaded on the MDHS
				  website.
7 CFR §
											273.11(e)(6)(i);
				  7 CFR §
										273.12(a)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.9 - MDHS Responsibilities

Current through June 25, 2024
A. MDHS must
				clearly communicate the protocol DAA treatment centers must meet when making
				application on behalf of its residents.
B. MDHS must also verify that the DAA
				treatment center meets the SNAP standards for certification prior to
				determining if any residents are eligible for SNAP benefits.
C. MDHS must conduct random periodic on-site
				visits to the DAA treatment centers to ensure the accuracy of the monthly list
				and consistency with MDHS records.
D. MDHS must ensure that the DAA treatment
				centers do not obtain more than one-half of the household's allotment prior to
				the 16th of the month or permit the return of
				benefits to the household's EBT account through a refund, transfer or other
				means.
E. MDHS must effect the
				return of benefits if a resident departs and the center is unable to return the
				benefits as required in
Rule
				23.7 Responsibilities of DAA
				Treatment Centers When a Resident Departs.
F. MDHS must promptly notify FNS when it
				suspects that a DAA treatment center is misusing benefits or EBT cards in its
				possession.
7 CFR §
											273.11(e)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.10 - DAA Treatment Centers Disqualified by FNS as an Authorized Retailer

Current through June 25, 2024
MDHS will suspend a DAA treatment center's status as an
				  authorized representative for the same period as FNS' disqualification
				  period.
7 CFR §
											273.11(e)(8)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.11 - Notice of Adverse Action

Current through June 25, 2024
Residents of DAA treatment centers will not receive an
				  individual notice of adverse action when MDHS has terminated the eligibility of
				  one of the residents of the DAA treatment center due to the facility losing
				  either:
A. Its certification from the
				appropriate agency of the state of Mississippi (Mississippi Department of
				Mental Health); or
B. Its status as
				an authorized representative due to FNS disqualifications.
7 CFR §
											273.13(b)(11)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.12 - Certification Periods

Current through June 25, 2024
Residents of DAA treatment centers may be certified for one
				  or two months due to the likelihood of substantial changes in income or
				  household status.
7 CFR §
											273.10(f)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 23 - Drug Addict or Alcoholic Treatment and Rehabilitation Programs (DAA Treatment Centers) › Rule 18-14-23.13 - Work Requirements

Current through June 25, 2024
Individuals regularly participating in a DAA treatment center
				  are exempt from work requirements.
7 CFR §
											273.7(b)(1)(vi)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.1 - Eligibility Criteria for GLAs

Current through June 25, 2024
In order for a resident of a GLA to be eligible to
				  participate in SNAP, the GLA must provide proof that it is
eithe
r:
A.
1. A public or private non-profit residential
				setting;
2. That serves no more
				than 16 residents; and
3. Is
				certified by the appropriate state agency under the regulations issued under
				Section 1616(e) of the Social Security Act; or
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.2 - Resident Eligibility Criteria for GLAs

Current through June 25, 2024
A resident of a group living arrangement must either:
A. Receive supplemental security income (SSI)
				benefits under Title XVI of the Social Security Act;
B. Receive disability or blindness payments
				under Title I, II, X, XIV or XVI of the Social Security Act;
C. Receive federal or state administered
				supplemental benefits under Section 1616(a) of the Social Security Act provided
				the eligibility was based on disability or blindness;
D. Receive federal or state administered
				supplemental benefits under Section 212(a) of
				P.L.
				93-66;
E. Receive disability retirement benefits
				from a governmental agency because of a disability considered permanent under
				Section 221(i) of the Social Security Act;
F. Be a veteran with a service connected or
				non-service connected disability rated by the Veteran's Administration (VA) as
				total or paid as total by the VA under Title 38 of the US Code;
G. Be a veteran considered by the VA to be in
				need of regular aid and attendance or permanently housebound under Title 38 of
				the US Code;
H. Be a surviving
				spouse of a veteran and considered by the VA to be in need of regular aid and
				attendance or permanently housebound or a surviving child of a veteran and
				considered by the VA to be permanently incapable of self-support under Title 38
				of the US Code;
I. Be a surviving
				spouse or surviving child of a veteran and considered by the VA to be entitled
				to compensation for a service-connected death or pension benefits for a
				nonservice-connected death under Title 38 of the US Code and has a disability
				considered permanent under Section 221(i) of the Social Security Act;
J. Receive an annuity payment under Section
				2(a)(1) of the Railroad Retirement Act of 1974 and is determined to be disabled
				based on criteria under Title XVI of the Social Security Act;
K. Be a recipient of interim assistance
				benefits pending the receipt of Supplemented Security Income, a recipient of
				disability related medical assistance under title XIX of the Social Security
				Act, or a recipient of disability-based State general assistance benefits
				provided that the eligibility to receive any of these benefits is based upon
				disability or blindness criteria established by the State agency which are at
				least stringent as those used under title XVI of the Social Security
				Act.
7 CFR §
											271.2
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.3 - Application

Current through June 25, 2024
A. Residents of GLAs may either apply:
1. On their own behalf;
2. Through an authorized representative who
				is employed by the GLA and designated for such purpose; or
3. Through an authorized representative of
				their choice.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.4 - Expedited Service

Current through June 25, 2024
MDHS will make benefits available no later than seven
				  calendar days after the date of application to residents in GLAs who are
				  entitled to expedited service.
7 CFR §
											273.2(i)(3)(ii)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.5 - Household Concept

Current through June 25, 2024
A. If residents
				apply through the use of the GLA authorized representative, then their
				eligibility must be determined as a one-person household from others living in
				the center.
B.
Exception
: If their children are living with them, then the
				children must be included in the household.
7 CFR §
											273.1(b)(7)(vi)(B);
				  7 CFR §
										273.11(f)(1)(ii)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.6 - Use of Benefits

Current through June 25, 2024
A. If the residents
				are certified on their own behalf, food may be purchased either:
1. By the facility through a benefit
				representative card for meals served either communally or individually to
				eligible residents; or
2. By
				eligible residents through use of their own EBT cards for preparation and their
				own consumption.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 24 - Blind and Disabled Group Living Arrangements (GLA) › Rule 18-14-24.7 - Responsibilities of GLAs During a Resident's Stay

Current through June 25, 2024
A. The
				staff member who is designated as the authorized representative must be aware
				of SNAP applicant's circumstances.
B. The GLA must notify MDHS of all changes in
				the household's circumstances, including when the residents leaves the group
				living arrangement if it is acting as the authorized representative.
C. If the resident applies on his or her own
				behalf, then he or she is responsible for reporting changes in the household's
				income and circumstances.
D. On a
				periodic basis, management of the GLA must complete a form provided by MDHS
				listing the currently participating SNAP residents and attest to its validity.
				The form must be submitted to MDHS within five business days after the end of
				the month for which it is prepared.
E. When acting as an authorized
				representative, the GLA is responsible for:
1. Any misrepresentations of fact or
				intentional SNAP program violations which it knowingly commits;
2. And will be strictly liable for all losses
				or misuse of benefits and/or EBT cards held on behalf of resident households;
				and
3. All overissuance that occur
				while households are residents of the center.