Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7
				C.F.R. 271.2,
				273.1,
				273.4,
				273.5,
				273.6,
				273.7,
				273.11,
				273.16,
				273.18,
				274, 7 U.S.C. 2012u(t),
				8
				U.S.C. 1101, 38 U.S.C.,
				42 U.S.C.
				301-306,
				401-433,
				601-679,
				1201-1206,
				1351-1355,
				1381-1385,
				1396,
				45
				U.S.C. 231(a) to (v), Pub.L.
				110-234
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to implement programs mandated by federal
				law or to qualify for the receipt of federal funds and necessary to cooperate
				with other state and federal agencies for the proper administration of the
				cabinet and its programs.
				7 C.F.R.
				271.4 requires the cabinet to administer the
				Supplemental Nutrition Assistance Program (SNAP) within the state. This
				administrative regulation sets forth definitions of terms used in 921 KAR
				Chapter 3.
Section 1. Definitions.
(1) "Agency error" means an over issuance of
			 SNAP benefits caused by an action or failure to take an action by the
			 cabinet.
(2) "Allotment" is defined
			 by 7
			 C.F.R. 271.2.
(3) "Application" means an "application
			 form", as defined by
			 7
			 C.F.R. 271.2, that is used to apply for SNAP
			 and that is completed by:
(a) A household
			 member; or
(b) An authorized
			 representative.
(4)
			 "Authorized representative" means an individual designated by a household
			 member to act on behalf of the household in one (1) or all of the following
			 capacities:
(a) Making application for the
			 program;
(b) Obtaining the EBT
			 card; or
(c) Using the EBT
			 card.
(5) "Benefits"
			 means the value of SNAP provided to a household by means of an EBT access
			 device.
(6) "Boarder" means an
			 individual to whom a household furnishes lodging and meals for reasonable
			 compensation.
(7) "Cabinet" means
			 the Cabinet for Health and Family Services or its designee.
(8) "Certification" means the action
			 necessary to determine eligibility of a household including:
(a) Interview;
(b) Verification; and
(c) Decision.
(9) "Disabled " means, in accordance with
			 7
			 C.F.R. 271.2:
(a) An individual who receives:
1. Supplemental Security Income (SSI) or
			 presumptive SSI under
			 42 U.S.C.
			 1381 to
			 1385;
2. Disability or blindness payments under:
a.
												42 U.S.C.
			 301 to
			 306;
b.
												42
			 U.S.C. 401 to
			 433;
c.
												42 U.S.C.
			 1201 to
			 1206;
d.
												42 U.S.C.
			 1351 to
			 1355; or
e.
												42 U.S.C.
			 1381 to
			 1385;
3. Optional or mandatory state
			 supplementation;
4. Disability
			 retirement benefits:
a. From a federal,
			 state, or local government agency; and
b. Resulting from a disability considered
			 permanent under
			 42 U.S.C.
			 421(i); or
5. Annuity payments under:
a.
												45
			 U.S.C. 231(a) to
			 (v);
b. Is determined to qualify for Medicare by
			 the Railroad Retirement Board; and
c. Has a disability based upon the criteria
			 used under
			 42 U.S.C.
			 1381 to
			 1385;
(b) A veteran with a
			 service connected or nonservice connected disability rated by the Veteran's
			 Administration or paid as total (100 percent) by the Veteran's Administration
			 under Title 38 of the United States Code;
(c) A veteran considered by the Veteran's
			 Administration to be in need of regular aid and attendance or permanently
			 housebound under Title 38 of the United States Code;
(d) A surviving spouse of a veteran and
			 considered by the Veteran's Administration to be in need of regular aid and
			 attendance or permanently housebound;
(e) A surviving child of a veteran and
			 considered by the Veteran's Administration to be permanently incapable of
			 self-support under Title 38 of the United States Code;
(f) A surviving spouse or surviving child of
			 a veteran and considered by the Veteran's Administration to be entitled to:
1. Compensation for a service-connected
			 death;
2. Pension benefits for a
			 nonservice-connected death under Title 38 of the United States Code;
			 and
3. Has a disability considered
			 permanent under
			 42 U.S.C.
			 421(i);
(g) An individual in receipt of disability
			 related medical assistance under
			 42 U.S.C.
			 1396;
(h) An individual who is certified to
			 receive, but not yet receiving SSI or Social Security disability payments;
			 or
(i) An individual who is
			 currently having his entire SSI or Social Security disability benefit check
			 recouped to recover a prior overpayment.
(10) "Drug addiction or alcoholic treatment
			 program" means "drug addiction or alcoholic treatment and rehabilitation
			 program" as defined by
			 7
			 C.F.R. 271.2.
(11) "Elderly" means, in accordance with
			 7
			 C.F.R. 271.2, an individual who is:
(a) Age sixty (60) or older; or
(b) Fifty-nine (59) years of age at the time
			 of application, but shall turn age sixty (60) before the end of month of
			 application.
(12)
			 "Electronic benefit transfer" or "EBT" means a computer-based electronic
			 benefit transfer system or access device in which an eligible household's
			 benefit authorization is received from a central computer through a point of
			 sale terminal.
(13) "Employment and
			 Training Program" or "E&T":
(a) Is defined
			 by 7
			 C.F.R. 271.2; and
(b) Means the program established in
			 921
			 KAR 3:042.
(14) "Entitlement" means the amount of SNAP
			 benefits that a household would receive if every disqualified household member
			 participates.
(15) "Excluded
			 household member" means an individual residing with a household, but excluded
			 when determining the household's size in accordance with the provisions of
			 921 KAR
			 3:035, Section 5(3) and (4).
(16) "Expungement" means the removal of
			 benefits from a household's EBT account if, pursuant to
			 921 KAR
			 3:045:
(a) The
			 household has not accessed the account for nine (9) consecutive months;
			 or
(b) The cabinet verifies that
			 all household members are deceased.
(17) "Federal fiscal year" means a period of
			 twelve (12) calendar months beginning with each October 1 and ending with
			 September 30 of the following calendar year.
(18) "FNS" means the Food and Nutrition
			 Service of the United States Department of Agriculture in accordance with
			 7
			 C.F.R. 271.2.
(19) "Group living arrangement" is defined by
			 7
			 C.F.R. 271.2.
(20) "Head of household" means the person in
			 whose name the application for participation is made as:
(a) Having primary financial responsibility
			 for the household;
(b) Being an
			 adult parent of a child of any age and living in the household; or
(c) Being an adult having parental control
			 over a child under the age of eighteen (18) and living in the
			 household.
(21)
			 "Homeless" means "homeless individual" as defined by
			 7
			 C.F.R. 271.2.
(22) "Household" means:
(a) An individual who:
1. Lives alone; or
2. While living with others, customarily
			 purchases and prepares meals for home consumption separate from others;
			 or
(b) A group of
			 individuals who live together and customarily purchase food and prepare meals
			 together for home consumption.
(23) "Inadvertent household error" means an
			 overissuance resulting from a misunderstanding or unintended error on the part
			 of the household.
(24) "Institution
			 of higher education" means any institution providing post high school
			 education, which normally requires a high school diploma or equivalency
			 certificate for a student to enroll, such as a:
(a) College;
(b) University; and
(c) Vocational or technical school.
(25) "Intentional program
			 violation" or "IPV" is defined by
			 7 C.F.R.
			 273.16(c).
(26) "Kentucky Transitional Assistance
			 Program" or "KTAP", means the program established in
			 921
			 KAR 2:006.
(27) "Medicaid" means medical assistance
			 under
			 42 U.S.C.
			 1396 in accordance with
			 7
			 C.F.R. 271.2.
(28) "Nonhousehold member" means an
			 individual residing with a household, but not considered a household member in
			 determining the household's eligibility or allotment.
(29) "Overissuance" is defined by 7 U.S.C.
			 271.2.
(30) "Public assistance" or
			 "PA" means any of the programs authorized under
			 42
			 U.S.C. 601 to
			 679
			 in accordance with
			 7
			 C.F.R. 271.2, including:
(a) Old age assistance;
(b) KTAP;
(c) Aid to the blind;
(d) Aid to the persons who have a permanent
			 and total disability; and
(e) Aid
			 to aged, blind, or persons with a disability.
(31) "Quality control review" is defined by
			 7
			 C.F.R. 271.2.
(32) "Recipient claim" means an amount owed
			 to the cabinet because a household:
(a)
			 Received an overissuance; or
(b)
			 Trafficked SNAP benefits.
(33) "Restoration of benefits" means the
			 provision of SNAP benefits that are owed to a household that received less SNAP
			 benefits than it was entitled to receive during the month pursuant to
			 921 KAR
			 3:050, Section 10.
(34) "Self-employment income" means income
			 from a business enterprise from which no taxes are withheld prior to receipt of
			 the income by the individual.
(35)
			 "Shelter for battered women and children" is defined by
			 7
			 C.F.R. 271.2.
(36) "Sponsor" means a person who executed an
			 affidavit of support or similar agreement on behalf of an immigrant as a
			 condition of the immigrant's entry or admission into the United States as a
			 permanent resident.
(37) "Sponsored
			 immigrant " means an immigrant lawfully admitted for permanent residence as an
			 immigrant as defined under
			 8
			 U.S.C. 1101.
(38) "Spouse" means either of two (2)
			 individuals who:
(a) Would be defined as
			 married to each other under applicable state law; or
(b) Are living together and are holding
			 themselves out to the community as husband and wife by representing themselves
			 as such to relatives, friends, neighbors, or trades people.
(39) "Striker" means anyone
			 involved in a strike or other concerted stoppage of work by
			 employees.
(40) "Supplemental
			 Nutrition Assistance Program" or "SNAP":
(a)
			 Is defined by
			 7
			 U.S.C. 2012(t);
			 and
(b) Means the program formerly
			 known as the Food Stamp Program in accordance with Pub.L. 110-234, Section
			 4001.
(41) "Supplemental
			 Security Income" or "SSI" is defined by
			 7
			 C.F.R. 271.2.
(42) "Thrifty food plan" is defined by
			 7
			 C.F.R. 271.2.
(43) "Trafficking" is defined by
			 7
			 C.F.R. 271.2.