reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter I - Income and Deductions › Section III-1978 - Income Decreased for Failure to Comply with Another Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
					 November 27, 1996, an increase in SNAP benefits is prohibited when a
					 household's benefit from another federal, state or local means-tested
					 assistance program is decreased (reduced, suspended or terminated) due to
					 failure to comply with a requirement of the program that imposed the benefit
					 decrease.
B. The procedures for
					 determining SNAP benefits when there is such a decrease in income are as
					 follows.
1. When a recipient's benefits under
					 a federal, state, or local means-tested program (such as but not limited to SSI
					 or FITAP) is decreased due to noncompliance, SNAP identifies that portion of
					 the decrease which is a penalty.
2.
					 The department calculates the SNAP benefits using the benefit amount which
					 would be issued by that program if a penalty had not decreased the recipient's
					 benefit.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter I - Income and Deductions › Section III-1979 - Income

Current through Register Vol. 50, No. 6, June 20, 2024
A. Earnings to
					 individuals who are participating in on-the-job training programs under the
					 Workforce Investment Act (formerly the Job Training Partnership Act) shall be
					 counted as income. This provision does not apply to household members under 19
					 years of age who are under the parental control of another adult
					 member.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 52:26937 et seq.,
						7 CFR
						273.9,  P. L. 107-171.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter I - Income and Deductions › Section III-1981 - Child Support Deduction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Legally obligated child support payments to, or for, an individual living
					 outside of the household must be included in the deductions from the total
					 monthly income when a budget for SNAP eligibility is determined. Households
					 that fail or refuse to obtain necessary verification of their legal obligation
					 or of their child support payments will have their eligibility and benefit
					 level determined without consideration of a child support deduction.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 59:63265 et seq.,  7 CFR 271, 273, 275, P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter I - Income and Deductions › Section III-1983 - Income Deductions and Resource Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. In determining eligibility and benefit
					 levels, the household is allowed deductions for certain costs.
1. The earned income deduction is 20 percent
					 of total countable gross earnings. The earned income deduction is not allowed
					 on any portion of income earned under a work supplementation or support program
					 that is attributable to public assistance.
2. For fiscal year 2002 and each subsequent
					 fiscal year, the maximum shelter deduction will be computed based on the amount
					 for the preceding fiscal year, adjusted to reflect changes in the Consumer
					 Price Index for All Urban Consumers for the 12-month period ending the
					 preceding November 30.
3. The
					 dependent care deduction is the amount billed to a member of the household for
					 the cost of caring for a child or an incapacitated adult who lives in the home.
a. A child care expense that is paid for or
					 reimbursed by the STEP Program or the Child Care Assistance Program is not
					 deductible except for that portion of the cost which exceeds the payment or
					 reimbursement.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter J - Determining Household Eligibility and Benefit Levels › Section III-1988 - Eligibility Disqualification of Certain Recipients

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fleeing felons and probation/parole
					 violators are ineligible for benefits.
B. An individual convicted as an adult of
					 certain crimes after February 7, 2014, and not in compliance with the terms of
					 their sentence is ineligible for benefits. These crimes include:
1. aggravated sexual abuse under section 2241
					 of Title 18, United States Code;
2.
					 murder under section 1111 of Title 18, United States Code;
3. an offense under chapter 110 of Title 18,
					 United States Code;
4. a federal or
					 state offense involving sexual assault, as defined in section 40002(a) of the
					 Violence Against Women Act of 1994 (42
					 U.S.C. 13925(a));
					 or
5. an offense under state law
					 determined by the attorney general to be substantially similar to an offense
					 described in Clause A.4.b.i, ii, or iii of this Section.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter J - Determining Household Eligibility and Benefit Levels › Section III-1991 - Initial Month's Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Effective 10/1/96 by ER
Initial month means either the first
					 month for which an allotment is issued to a household, or the first month for
					 which an allotment is issued to a household following any period during which
					 the household was not certified for participation in SNAP.
B. A household's benefit level for the
					 initial month of certification will be based on the day of the month it applies
					 for benefits. Using a 30-day calendar or fiscal month, households shall receive
					 benefits prorated from the day of application to the end of the month. A
					 household applying on the thirty-first of a month will be treated as though
					 they applied on the thirtieth of the month.
C. Households who have applied for initial
					 month's benefits after the fifteenth of the month, completed the application,
					 provided all required verification, and have been determined eligible to
					 receive benefits for the initial month of application and the next subsequent
					 month shall receive their prorated allotment for the initial month of
					 application and their first full month's allotment at the same time. In
					 determining initial month benefits, the result of the proration will be rounded
					 down to the nearest lower dollar increment. If the calculation results in an
					 allotment of less than $10, then no benefits will be issued.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 46:44712 et seq., F.R. 47:55463 et seq. and
						47:55903 et seq.,
						7 CFR
						273.10,
						P.L.
						103-66,
						P.L.
						104-193.
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter J - Determining Household Eligibility and Benefit Levels › Section III-1993 - Replacement of Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Replacement issuances shall be provided only if a household timely reports a
					 loss (food purchased with SNAP benefits has been destroyed in a household
					 misfortune) and executes the proper affidavit. Replacement issuances shall be
					 provided in the amount of the loss to the household, up to a maximum of one
					 month's allotment, unless the issuance includes restored benefits which shall
					 be replaced up to their full value.
B. If the signed statement or affidavit is
					 not received by the agency within 10 days of the date of report, no replacement
					 shall be made. If the tenth day falls on a weekend or holiday, and the
					 statement is received the day after the weekend or holiday, the agency shall
					 consider the statement timely received. Replacement issuances shall be provided
					 to households within 10 days after report of loss or within two working days of
					 receiving the signed affidavit, whichever date is later.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 54:6989 et seq.,
						7 CFR
						273.10,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter K - Action on Households with Special Circumstances › Section III-1995 - Sponsored Aliens

Current through Register Vol. 50, No. 6, June 20, 2024
A. The full
					 amount of income and resources of an alien's sponsor and the sponsor's spouse
					 are counted in determining the eligibility and allotment level of a sponsored
					 alien until the alien becomes a citizen or has worked 40 qualifying quarters of
					 Social Security coverage. These provisions do not apply to battered aliens,
					 their children, the alien parent of a battered child, or effective October 1,
					 2003, any alien under 18 years of age, or an indigent alien that the state
					 agency has determined is unable to obtain food and shelter, taking into account
					 the alien's own income plus, any cash, food, housing, or other assistance
					 provided by other individuals, including the sponsor(s).
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 47:55463 et seq. and 47:55903 et seq.,
						7 CFR
						273.11,
						P.L.
						104-193,
						P.L.
						104-208,
						P.L.
						105-33, and
						P.L.
						107-171, and
						7CFR
						273.4(c)(3)(iv).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter K - Action on Households with Special Circumstances › Section III-1997 - Drug and Alcohol Treatment Centers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Residents of publicly operated community
					 mental health centers which provide the same type of residential programs for
					 alcoholic or drug rehabilitation as private, nonprofit institutions will be
					 considered individual households and, if eligible, may participate in
					 SNAP.
B. Drug addicts or alcoholics
					 and their children who are residents in an approved public or private, drug or
					 alcohol treatment center program may participate in SNAP.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 51:6511 et seq.,
						7 CFR
						273.11,
						P.L.
						103-66,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter L - Reporting Changes › Section III-1998 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective November 2009, all SNAP households are included in simplified
					 reporting with the exception of households participating in the Louisiana
					 Combined Application Project (LaCAP).
B. Simplified reporting households are
					 required to report only:
1. changes in the
					 household's gross monthly income which result in the household's income
					 exceeding 130 percent of the monthly poverty income guideline for the household
					 size;
2. changes in work or
					 training hours of able-bodied adults without dependents (ABAWDs) who are
					 subject to the time limit set forth in
					 Section
					 1940 if the change results in
					 the ABAWD working or participating in training an average of less than 20 hours
					 per week; and
3. all SNAP
					 households, including LaCAP and categorically eligible households, are required
					 to report when a member of the household receives substantial lottery or
					 gambling winnings equal to or exceeding the resource limit for elderly or
					 disabled households won in a single game before taxes or other amounts are
					 withheld. The winnings must be reported by the 10th of the month following the
					 month the lottery or gambling winnings were won.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter M - Notice of Adverse Action › Section III-1999 - Reduction or Termination of Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. A notice of adverse action shall be sent
					 at least 13 days prior to taking action to reduce or terminate benefits. In
					 some circumstances advance notice is not required. A concurrent notice shall be
					 sent to the household at the time of action in the following situations:
1. the agency disqualifies a household member
					 because of an intentional program violation and the benefits of the remaining
					 household members are reduced or ended because of the
					 disqualification;
2. benefits are
					 reduced or terminated at the end of the certification period when the client
					 timely reapplies;
3. the client has
					 been certified in another state and that fact has been established;
4. the client signs a statement requesting
					 closure or reduction in benefits and waives the right to advance
					 notice;
5. benefits are reduced or
					 terminated effective the month following the simplified report month;
6. the agency receives a written report
					 signed by the head of the household or other responsible household member which
					 provides sufficient information for the agency to determine the households
					 benefit amount or ineligibility;
7.
					 mass changes;
8. based on reliable
					 information, the agency determines that the household has moved or will be
					 moving out of the state prior to the next monthly issuance;
9. the household applied for cash assistance
					 and SNAP at the same time and has been getting SNAP benefits while waiting for
					 approval of the cash assistance grant;
10. the client was a certified resident in a
					 drug or alcohol treatment center or a group living arrangement which loses its
					 state certification or FNS disqualifies it as a retailer;
11. a household certified under expedited
					 processing rules provides postponed verification which reduces or terminates
					 benefits.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter N - Recertification › Section III-2003 - Recertification of Supplemental Security Income Households

Current through Register Vol. 50, No. 6, June 20, 2024
A. Supplemental security income households
					 which have received a SNAP notice of expiration shall be entitled to make a
					 timely application for SNAP recertification at the SSA office.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 46:44712 et seq.,
						7
						CFR
						273.14.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter P - Recovery of Over-Issued SNAP Benefits › Section III-2005 - Claims against Household

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 All adult household members are jointly and severally liable for the value of
					 any over-issuance of benefits to the household. This is true regardless of
					 whether the over-issuance resulted from inadvertent error, an administrative
					 error or an intentional program violation.
B. Action will not be taken to recover claims
					 which are less than $350 for inadvertent household error or an administrative
					 error for participating and nonparticipating households.
C. This threshold does not apply to claims
					 which are determined to be the result of intentional program violation, or to
					 errors which are discovered in a quality control review.
D. The threshold for claims discovered in a
					 quality control review is claims that meet or exceed the QC error
					 threshold.
AUTHORITY
						NOTE: Promulgated in accordance with F.R. 48:6837 et seq.,
						P.L.
						97-35,97-253, 101-624 §1746, and 102-237 §911,
						 7 CFR
						272,
						273,
						276 and
						277, P.L.
						103-66,
						P.L.
						104-193,
						P.L.
						104-134,
						 7 CFR
						3  Subpart B, and
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter P - Recovery of Over-Issued SNAP Benefits › Section III-2007 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Supplemental
					 Nutrition Assistance Program (SNAP) shall maintain provisions relating to the
					 disqualification penalties for intentional program violations. These provisions
					 are aimed at deterring SNAP abuse and improving recovery of
					 overpayments.
B. The basis for
					 disqualification includes the intentional making of false or misleading
					 statements, misrepresentations, or the concealment or withholding of facts, as
					 well as the commission of any act that constitutes a violation of any state
					 SNAP statute, and the use of SNAP benefits in certain illegal purchases. The
					 program will not increase the benefits to the household of a disqualified
					 person because of the disqualification.
1.
					 Mandatory disqualification periods of one year for the first offense, two years
					 for the second offense, and permanently for the third offense will be imposed
					 against any individual found to have committed an intentional program
					 violation, regardless of whether the determination was arrived at
					 administratively or through a court of law.
2. Individuals will be disqualified for two
					 years for a first finding by a court that the individual used or received SNAP
					 benefits in a transaction involving the sale of a controlled substance, and
					 permanently for a second such finding. Permanent disqualification will also
					 result for the first finding by a court that an individual used or received
					 SNAP benefits in a transaction involving the sale of firearms, ammunition or
					 explosives with SNAP benefits.
3.
					 An individual convicted of trafficking SNAP benefits of $500 or more shall be
					 permanently disqualified.
4. An
					 individual shall be ineligible to participate for 10 years if found to have
					 made a fraudulent statement or representation with respect to identity or
					 residence in order to receive multiple benefits simultaneously.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter P - Recovery of Over-Issued SNAP Benefits › Section III-2009 - Collection Methods

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 agency is required to collect any over-issuance as well as claims for
					 trafficking. Collection of over-issued benefits may be accomplished using
					 various methods including, but not limited to, the following methods:
1. reducing future allotments unless a
					 repayment schedule has been established. The amount by which the agency can
					 reduce the household's monthly allotment in the collection of over-issuances
					 which are the result of intentional program violation is limited to 20 percent
					 of the household's entitlement or $20 per month, whichever is greater, and 10
					 percent of the allotment or $10, whichever is greater, for all other
					 over-issuances;
2. return of
					 benefits;
3. cash
					 repayment;
4. referral of
					 delinquent food stamp claims to the Department of the Treasury for collection
					 through the Treasury Offset Program. The Treasury Offset Program is the
					 withholding of federal income tax returns, federal salaries or other funds
					 payable by the federal government which may include, but not be limited to,
					 federal retirement payments, military retirement, contractor/vendor payments,
					 railroad retirement and Social Security payments. The Financial Management
					 Service of the Treasury Department will charge an administrative fee for all
					 collection services, and this fee will be added to the claim and deducted with
					 any federal offset; or
5.
					 withholding of unemployment compensation benefits.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter R - Simplified Reporting › Section III-2013 - Simplified Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective November 2009, all SNAP households are included in simplified
					 reporting with the exception of households participating in the Louisiana
					 Combined Application Project (LaCAP).
B. Households subject to simplified reporting
					 will be required to report only:
1. changes
					 in gross monthly income which exceed 130 percent of the monthly poverty income
					 guideline for the household size;
2. changes in work or training hours of
					 able-bodied adults without dependents (ABAWDs) who are subject to the time
					 limit set forth in
					 §1940 if the change results in the ABAWD
					 working or participating in training an average of less than 20 hours per week;
					 and
3. all SNAP households,
					 including LaCAP and categorically eligible households, are required to report
					 when a member of the household receives substantial lottery or gambling
					 winnings equal to or exceeding the resource limit for elderly or disabled
					 households won in a single game before taxes or other amounts are withheld. The
					 winnings must be reported by the 10th of the month following the month the
					 lottery or gambling winnings were won.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Section III-2101 - General Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Combined Application Project (LaCAP) is established in accordance
				  with applicable state and federal laws.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 7 CFR
					 271.3(c),  7 CFR Part 282,
					 and Section 17  of the Food Stamp Act of
					 1977.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2103 - Household Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 definition of a household is an individual who is receiving supplemental
					 security income (SSI) and:
1. is at least 60
					 years old;
2. has a federal living
					 arrangement of code "A" as determined by the Social Security Administration
					 (SSA);
3. is not institutionalized,
					 or otherwise ineligible for SNAP due to immigration status or an intentional
					 program violation; and
4. lives
					 alone or declares to purchase and prepare food separately from others in a
					 shared living situation.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2105 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall make an eligibility determination and issue SNAP benefits
					 within 30 days following the date of application for LaCAP.
B. LaCAP applications will be processed
					 without a face-to-face or telephone interview.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						273.2(g),
						7 CFR
						271.3(c),  7 CFR Part 282,
						and Section 17  of the Food Stamp Act of 1977,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2107 - Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Participants
					 will receive one of three standard amounts of SNAP benefits based on the
					 households total combined shelter (housing and utilities) costs.
B. Benefit levels and shelter thresholds used
					 to determine benefits will be adjusted each year to reflect changes in the
					 thrifty food plan and prevailing shelter expenses. Benefit levels will also be
					 adjusted annually based on the cost-of-living adjustments for SSI.
C. Eligibility begins the first day of the
					 month the LaCAP application is received. Benefits will not be
					 prorated.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						271.3(c), 7CF R Part 282,
						and Section 17 of the Food Stamp Act of 1977, and
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2109 - Certification Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 certification period of 36 months will be assigned to each eligible LaCAP
					 case.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						271.3(c),  7 CFR Part 282,
						and Section 17  of the Food Stamp Act of 1977.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2111 - Change Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Households participating in LaCAP must be allowed, to report changes in
					 circumstances affecting their eligibility or benefit level.
B. Households participating in LaCAP are
					 required to report when the household receives substantial lottery or gambling
					 winnings equal to or exceeding the resource limit for elderly or disabled
					 households won in a single game before taxes or other amounts are withheld. The
					 winnings must be reported by the 10th of the month following the month the
					 lottery or gambling winnings were won.
C. The agency must act on changes when it
					 becomes aware of the change from the household or another source if the change
					 affects the household's eligibility or benefit level.
AUTHORITY NOTE:
						Promulgated in accordance with 7 CFR  7 CFR 271.3(c),  7CFR Part 282, and Section
						17  of the Food Stamp Act of 1977.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2113 - Household Options

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Households may choose to opt out of LaCAP at any time and participate in
					 regular SNAP, if otherwise eligible.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						271.3(c),  7 CFR Part 282,
						and Section 17  of the Food Stamp Act of 1977,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2115 - Notices of Adverse Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 LaCAP households shall be notified of action to reduce or terminate benefits in
					 accordance with procedures outlined in Chapter 19, Subchapter M, Notice of
					 Adverse Action.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						273.13.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 21 - Louisiana Combined Application Project (LaCAP) › Subchapter A - Household Concept › Section III-2117 - Recovery of Overissued Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Establishment of claims, penalties, and collection methods for LaCAP households
					 shall be handled in accordance with procedures outlined in Chapter 19,
					 Subchapter P, Recovery of Over-Issued Supplemental Nutrition Assistance Program
					 Benefits.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:953.B.,
						7 CFR
						273.18,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 23 - Single State Agency Organization › Subchapter A - Designation, Authority, Organization and Staffing › Section III-2301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Support
					 Enforcement Services (SES) is established in accordance with U.S.C.A., Title
					 42, Section 651 et seq. and
					 R.S.
					 46:236.1.2 et seq.
AUTHORITY NOTE:
						Promulgated in accordance with U.S.C.A., Title 42, Section 651 et seq. and
						R.S.
						46:236.1 et
						seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 23 - Single State Agency Organization › Subchapter A - Designation, Authority, Organization and Staffing › Section III-2303 - State Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 Louisiana Health and Human Resources Administration, Division of Youth
					 Services, first adopted the State Plan for Child Support Collection and
					 Establishment of Paternity effective August 1, 1975. Support enforcement
					 services is now the single-state agency operating under the federally-approved
					 State Plan for Child Support Enforcement Services.
B. The State Plan is available for review at
					 the:
Office of Family Support Planning Section
627 North Fourth Street, Room 5-233-19
Baton Rouge, LA 70804.
AUTHORITY NOTE:
						Promulgated in accordance with Title IV-D of the Social Security
						Act.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 23 - Single State Agency Organization › Subchapter A - Designation, Authority, Organization and Staffing › Section III-2304 - Expedited Administrative Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will have administrative authority to
					 order the following activities:
1. order
					 genetic testing;
2. subpoena
					 financial or other information needed to establish, modify, or enforce orders,
					 and impose penalties for failure to respond to such subpoenas;
3. direct the noncustodial parent to make his
					 payments to the state;
4. order
					 income withholding;
5. initiate
					 liens;
6. freeze and seize
					 assets;
7. increase the monthly
					 support amounts for the liquidation of arrears;
8. transfer cases between
					 jurisdictions;
9. establish
					 paternity;
10. establish support
					 orders; and
11. modify support
					 orders.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 23 - Single State Agency Organization › Subchapter A - Designation, Authority, Organization and Staffing › Section III-2305 - Child Support Enforcement Staff

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Child support enforcement field officers responsible for supplying services
					 shall be:
1. caseworkers, as defined in  45 CFR §
													303.20 (e)(1);
2. child
					 support enforcement personnel who supervise caseworkers;
3. child support enforcement personnel who
					 supervise child support enforcement district offices; and
4. Department of Children and Family Services
					 personnel who directly supervise at least one child support enforcement
					 district office.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter A - Agency Cooperation › Section III-2507 - IV-A Agency Treatment of Support Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The IV-A Agency shall treat support
					 payments received by FITAP applicants and recipients in the month of
					 certification, prior to authorization of the first payment, as income in
					 determining both eligibility and the amount of assistance to be provided by the
					 agency. Such support payments shall not be treated as income in the month of
					 certification only when remitted to the IV-D agency by the recipient. Under
					 this rule an overpayment of assistance shall occur in the month of
					 certification when a support payment is received and retained by an applicant
					 or recipient and not counted by the IV-A agency in determining either
					 eligibility or the amount of assistance to be provided through FITAP
					 payment.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						233.20(a)(3)(v).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter B - Support Obligation › Section III-2509 - Income Assignment

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all
					 new or modified child support orders enforced by Child Support Enforcement
					 Section (CSE) and all new child support orders after January 1, 1994, that are
					 not being enforced by CSE, the court shall order an immediate income assignment
					 unless a written agreement exists between the parties for an alternate
					 arrangement, or the court finds good cause not to require an immediate income
					 assignment. The notice given to employer shall be issued on the
					 federally-approved income withholding order (IWO) form as required by federal
					 law. Employers shall remit any amounts withheld through income assignment
					 within seven days.
B. In any case
					 in which CSE is providing services, if not previously subject to income
					 assignment, the order shall become subject to withholding, if arrearages occur,
					 without the need for a judicial or administrative hearing. Orders enforced by
					 CSE will be subject to withholding without advance notice to the obligor. The
					 payor of income is notified to withhold an amount for current support plus an
					 additional amount, determined by CSE toward any arrears owed. The amount
					 subject to be withheld cannot exceed the percentage of disposable income as
					 defined in
					 R.S.
					 13:3881 or the federal wage
					 garnishment.
C. The forms of income
					 available for assignment include any singular or periodic payment to an
					 individual regardless of source, including but not limited to, wages, salary,
					 interest, commission, independent contractor compensation, disability income,
					 unemployment compensation, worker's compensation, bonuses, judgments,
					 settlements, annuity and retirement benefits, and any other payments made by
					 any person, private entity, federal, or state government, any unit of local
					 government, school district, or any entity created by public act.
D. The payor of income may deduct a $5
					 processing fee from the noncustodial parent's income each pay period during
					 which the income assignment order is in effect. If the payor of income
					 discharges, disciplines, or otherwise penalizes a person ordered to pay support
					 because of the duty to withhold income, the payor of income may be liable for
					 the accumulated amount or be subjected to other sanctions.
E. All income assignment orders shall be
					 payable through the Louisiana state disbursement unit. Payments shall be made
					 payable to the Department of Children and Family Services and mailed to:
Centralized Collection Unit
Post Office Box 260222
Baton Rouge, LA 70826-0222
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:236.3 and  45 CFR 303.100,
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter C - Formula for Support Obligation › Section III-2511 - Child Support Award Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 child support award guidelines established in
					 R.S.
					 9:315 et seq. shall be used in any proceeding
					 to establish or modify child support orders. There shall be a rebuttable
					 presumption that the amount of the child support established by use of the
					 guidelines is the proper amount of child support.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						9:315 et seq.,
						45 CFR
						302.56.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter C - Formula for Support Obligation › Section III-2512 - Adjustment of Child Support Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 SES will send a notice every three years advising both parties to the support
					 order of the right to request a review. If either party requests a review or if
					 there is an assignment under Temporary Assistance to Needy Families (TANF), SES
					 will conduct the review and, if appropriate, judicially seek adjustment of the
					 order in accordance with the guidelines if the amount of the child support in
					 the order differs from the amount of the child support award in accordance with
					 the guidelines.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193,
						§351,
						R.S.
						9:311 C, and the Social Security Act
						[466(a)(10)].
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2513 - Collection of Spousal Support

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective January 1, 1986, the Department of Health and Human Resources, Office
					 of Family Security, shall implement the collection of spousal
					 support.
B. In order to qualify for
					 spousal support, the following must be met by the payee:
1. a prior child support order has been
					 established;
2. the child and
					 spouse are living in the same household;
3. the child support obligation established
					 is being enforced under the state's IV-D Plan.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2514 - Distribution of Child Support Collections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective October 2, 1998 the agency will
					 distribute child support collections in the following manner.
1. In cases in which the applicant/recipient
					 (AR) currently receives Family Independence Temporary Assistance Program
					 (FITAP) benefits, collections received in a month will be retained by the state
					 to reimburse previous and current assistance amounts. If the collection amount
					 exceeds the amount of unreimbursed grant, the excess will be refunded to the AR
					 up to the current arrearage amount.
2. In cases in which the AR previously
					 received AFDC or FITAP, and there are amounts owed to the state, collections
					 received through any means other than IRS intercepts will be distributed as
					 follows:
a. the AR shall receive an amount
					 equal to the court-ordered monthly obligation and any arrears owed to the AR
					 that accrued in a non-assistance period;
b. amounts owed to the state;
c. any arrears that accrued during assistance
					 that exceed the unreimbursed grant will be paid to the AR.
3. In cases in which the AR never received
					 assistance, or the AR previously received AFDC or FITAP and no amount is owed
					 to the state, all collections will be refunded to the AR.
4. In IV-E Foster Care cases, all amounts
					 collected are sent to the IV-E Agency for appropriate distribution.
5. In cases in which the AR previously
					 received AFDC or FITAP, and there are amounts owed to the state, collections
					 received through IRS intercepts will be distributed as follows:
a. amounts owed to the state; and
b. amounts owed to the AR.
6. Effective April 25, 2005, the
					 state may delay distribution of federal offsets for child support arrears until
					 the state has been notified by the U.S. Secretary of the Treasury that the
					 other person filing the joint return has received his or her proper share of
					 the offset. The delay may not exceed six months.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2515 - IRS Collection Fee for Non-FITAP Applicants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective 3/1/86 the Department of Health
					 and Human Resources, Office of Family Security will began charging an
					 application fee of $122.50 to non-FITAP payees who apply for full-service
					 Internal Revenue Services (IRS) Collection. IRS charges the Support Enforcement
					 Program $122.50 for each full-service case referred to them whether or not
					 collection is successful. Full service IRS eligibility and the agency agreement
					 to reimburse the secretary of the treasury for collection costs are outlined in
					 45
					 CFR 303.71.
B. Cases are eligible for IRS certification
					 if:
1. there is a court or administrative
					 order for support;
2. the amount to
					 be collected under the support order is at least $750 in arrears;
3. at least six months have elapsed since the
					 last IRS full service referral;
4.
					 the IV-D agency, the client, or the client's representative shall have made
					 reasonable efforts to collect the support through the state's own collection
					 mechanisms; and
5. there is an
					 application for services specified under
					 45 CFR
					 302.33.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2516 - Recovery of Erroneous Child Support Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon notification that an erroneous
					 payment has been made, SES will automatically withhold up to 10 percent from
					 each future child support payment to recover this loss when the individual has
					 given consent to the automatic recovery during the application process. If the
					 individual disagrees with an automatic recovery during the application process,
					 upon notification from SES the individual will be allowed 30 days to arrange
					 for repayment prior to SES initiating action to recover the loss by withholding
					 up to 10 percent of each future support payment.
AUTHORITY NOTE:
						Promulgated in accordance with
						45
						CFR 302.32,
						302.51,
						and RS 46:233(1)(C).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2517 - Application Fee for Former FITAP Recipients

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective October 1, 1988, an application
					 fee will be charged to any former FITAP recipient who reapplies for support
					 enforcement services more than 30 days after services are discontinued because
					 of failure to cooperate. An application fee will also be charged to any former
					 FITAP recipient who reapplies for support enforcement services after services
					 are discontinued at the recipient's request. Any child support collected for a
					 former FITAP recipient will be distributed using the same methodology that is
					 used for collections for non-FITAP recipients.
AUTHORITY NOTE:
						Promulgated in accordance with P.L. 98-378, P.L. 100-203,
						45 CFR
						302.51 and
						45 CFR
						302.33.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter D - Collection and Distribution of Support Payments › Section III-2518 - Electronic Distribution of Child Support Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
					 Effective April 1, 2006, electronic disbursement of child support payments
					 shall be mandatory except in the following situations:
a. payments are forwarded to private
					 collection agencies;
b. physical or
					 other disabilities impose a hardship to receive payments via electronic
					 disbursement;
c. the custodial
					 parent is receiving FITAP benefits;
d. payments are forwarded to the
					 non-custodial parent;
e. payments
					 received are in excess of FITAP benefits; and
f. any other exceptions as shall be
					 determined by Support Enforcement Services to be necessary for effective
					 program operations.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter E - Individuals Not Otherwise Eligible › Section III-2520 - Locate Fee for Non-FITAP Recipients (previous Section 2525)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The IV-D Program
					 shall charge a fee of $10 per request for non-FITAP, locate-only requests. An
					 additional $4 charge shall be made if the Social Security number of the
					 noncustodial parent is not provided.
AUTHORITY NOTE:
						Promulgated in accordance with
						45
						CFR
						303.70.