reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 8 - Residency › Rule 18-14-8.6 - Verification

Current through June 25, 2024
A. Residency must be verified except in
				unusual circumstances.
B. No
				requirement for a specific type of verification may be imposed.
7 CFR §
											273.2(f)(1)(vi)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.1 - General

Current through June 25, 2024
A. Non-citizens must meet eligible
				non-citizen criteria to receive SNAP benefits.
B. Qualified non-citizen are also required to
				meet other non-citizen criteria for eligibility. See
Rule
				9.3 Qualified Non-Citizens Not Subject
				to the Five-Year Waiting Period
and
Rule
				9.4 Qualified Non-Citizens Subject to
				the Five-Year Waiting Period or 40 Qualifying Quarters of
				Work
.
C. Yet there are
				certain types of non-citizens who are not qualified non-citizens that may still
				be eligible to receive SNAP benefits. Such individuals are not required to meet
				any other non-citizen requirements as qualified non-citizen.
7 CFR §
											273.4
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.2 - Eligibility Criteria

Current through June 25, 2024
The following household members meeting citizenship or
				  non-citizen status requirements are eligible to participate in SNAP:
A.
U.S.
				Citizens
: U.S. citizens are considered those born in one of the
				fifty (50) states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin
				Islands, or the Northern Marianna Islands.
B.
Non-Citizen
				Nationals
: Non-citizen Nationals are persons born in American
				Samoa or Swain's Island. These persons may be eligible for SNAP benefits on the
				same basis as U.S. citizens and are not assigned any additional classifications
				by U.S. Citizenship and Immigration Services (USCIS).
C.
Certain American
				Indians
: Those born in Canada living in the U.S. under section
				289 of the Immigration and Nationality Act (INA) or a member of a federally
				recognized Indian tribe as defined in section 4(e) of the Indian
				Self-Determination and Education Assistance Act (
				25 U.S.C.
				450 b(e)).
D.
Certain Hmong or Highland
				Laotian Tribal Members
: A non-citizen lawfully residing in the
				U.S. who was a member of a Hmong or Highland Laotian tribe that helped U.S.
				personnel in Vietnam (during the period of August 5, 1964 through May 7, 1975).
				The person's eligibility continues even if the USCIS status changes at a future
				date. The eligibility also extends to:
1.
				Spouse or surviving spouse of the tribal member;
2. Unmarried dependent children under the age
				of 18 (or under age 22 if a full-time student);
3. Unmarried children under the age of 18 (or
				under 22 if a full-time student) who were dependent on the tribal member at the
				time of the member's death; and
4.
				Unmarried disabled children of any age who were disabled before age 18 and
				dependent on the tribal member prior to the child's
				18th birthday.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.3 - Qualified Non-Citizens Not Subject to the Five-Year Waiting Period

Current through June 25, 2024
A qualified non-citizen is eligible to receive SNAP and is
				  not subject to the requirements to be in qualified status for five (5) years
				  (and thus eligible regardless of their date of entry) if one of the following
				  criteria apply:
A. 18 or older (LPRs)
				under the INA who has 40 qualifying quarters as determined by Title II of the
				Social Security Act.
1. A qualifying quarter
				of earned income is defined as the amount of earnings received by the
				individual or credit from his or her spouse (as long as the couple is still
				married, or the spouse is deceased) or credit from parents (before the
				non-citizen became 18 including before the child was born or
				adopted);
2. If eligibility is
				determined based on the quarters of coverage by a spouse and then the couple
				divorces, the non-citizen's eligibility continues until the next
				recertification;
3. If any Federal
				means-tested public benefits (including SNAP benefits) were received in any
				quarter after 12-31-96, then that quarter is not creditable towards the
				40-quarter total.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.4 - Qualified Non-Citizens Subject to the Five-Year Waiting Period or 40 Qualifying Quarters of Work

Current through June 25, 2024
A. The following
				qualified non-citizens must be in qualified status for five (5) years or have
				40 qualifying quarters of work to be eligible to receive SNAP:
1. 18 or older lawfully admitted for
				permanent residence (LPRs) under the INA;
2. Parolee;
3. Battered Non-Citizen; or
4. Conditional Entrant.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.5 - Reporting Illegal Non-Citizens

Current through June 25, 2024
A. MDHS must notify
				the local USCIS office whenever staff determine that any member of a household
				is ineligible due to the member being in the U.S. in violation of the
				INA.
B. If it is indicated that the
				head of household or a household member is unable or unwilling to provide proof
				of non-citizen status, then MDHS will consider that person to be an ineligible
				non-citizen.
7 CFR §
											273.4(b)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.6 - Deeming of Sponsor's Income and Resources

Current through June 25, 2024
A. A
				non-citizen can be sponsored if a person executes an affidavit of support on
				behalf of a the non-citizen pursuant to section 213A of the INA.
B. If a person has executed an affidavit of
				support, then the income and resources of the sponsor and the sponsor's spouse
				will be deemed as the unearned income and resources of the sponsored
				non-citizen.
C. MDHS must deem the
				sponsor's income and resources until one of the following occurs:
1. The non-citizen gains U.S.
				citizenship;
2. The non-citizen has
				worked or can receive credit for 40 qualifying quarters of work; or
3. The sponsor dies.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.7 - Exempt from Deeming Sponsor's Income and Resources

Current through June 25, 2024
Some non-citizens are exempt from sponsor deeming even if an
				  Affidavit of Support was signed on their behalf. Non-citizens exempt from
				  sponsor deeming are:
A. Non-citizen
				residing in the same house as the sponsor and included in the same SNAP
				household;
B. Asylee;
C. Parent of a battered child, spouse of a
				battered non-citizen, or child of a battered non-citizen for 12 months. At the
				end of 12 months, the exemption continues if a court or USCIS determines the
				battering is substantially connected to the need for benefits. The non-citizen
				cannot live with the batterer during the exemption period;
D. Citizen child under age 18 of a sponsored
				non-citizen;
E. Sponsored
				non-citizen children under 18;
F.
				Cuban or Haitian entrant;
G.
				Indigent non-citizens. An indigent non-citizen may choose to opt out of the
				indigence determination and follow regular sponsor deeming rules;
H. Non-citizens sponsored by organizations or
				groups;
I. Parolee;
J. Refugee; or
K. Trafficking victims.
7 CFR §
											273.4(c)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.8 - Eligible Sponsored Non-Citizen's Responsibilities

Current through June 25, 2024
A. The sponsored non-citizen is responsible
				for providing the documentation necessary to calculate the deemed income and
				resources at the time of application and recertification.
B. The sponsored non-citizen must have the
				sponsor's cooperation in order to provide the names of other non-citizens for
				whom the non-citizen's sponsor has signed an affidavit of support.
C. If the sponsor changes, dies, or there is
				a change in the income of the sponsor or the sponsor's spouse, the eligible
				sponsored non-citizen must report such to MDHS.
7 CFR §
											273.4(c)(4)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 9 - Citizenship and Non-Citizen Status › Rule 18-14-9.9 - Awaiting Verification

Current through June 25, 2024
A. Until the
				non-citizen provides verification of the sponsor's income and resources, the
				sponsored non-citizen is ineligible; however, MDHS must determine the
				eligibility of the remaining household members.
B. MDHS must consider the income and
				resources of the ineligible non-citizen (excluding the deemed income and
				resources of the non-citizen's sponsor and his or her spouse) in determining
				the eligibility and benefit level of the remaining household members.
C. If the sponsored non-citizen refuses to
				cooperate in providing information or verification, other adult members of the
				non-citizen's household are responsible for providing the required information
				or verification.
D. If a sponsor is
				responsible for the same household, the entire household will be considered
				ineligible until the household provides the needed sponsor information or
				verification.
7 CFR §
											273.4(c)(5)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 10 - Students › Rule 18-14-10.1 - General

Current through June 25, 2024
A. An individual enrolled at least half-time
				in an institution of higher education shall be ineligible to participate in
				SNAP unless the individual meets one of the student exemptions in
Rule
				10.4 Eligible Student
				Exemptions
.
B. The school
				defines the number of credit hours to qualify a student as at least
				half-time.
7 CFR §
											273.5(a)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 10 - Students › Rule 18-14-10.2 - Institution of Post-Secondary Education

Current through June 25, 2024
An Institution of Post-Secondary Education is any public or
				  private educational institution (including distance learning or on-line
				  institutions) which includes:
A. A
				business, technical, trade or vocational school that normally requires a high
				school diploma or equivalency certificate for enrollment; or
B. A college or university that offers degree
				programs regardless of whether a high school diploma is required.
7 CFR §
											273.5(a)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 10 - Students › Rule 18-14-10.3 - Enrollment Status

Current through June 25, 2024
A student is considered enrolled on the first day of the
				  school term and such status continues through normal scheduled class periods,
				  vacation, and recess unless he/she:
A.
				Graduates;
B. Becomes suspended or
				expelled;
C. Drops out;
				or
D. Does not intend to register
				for the next school term (excluding summer school).
7 CFR §
											273.5(c)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 10 - Students › Rule 18-14-10.4 - Eligible Student Exemptions

Current through June 25, 2024
A student must meet at least one of the following student
				  exemptions to be eligible for SNAP:
A.
Age
(age 17 or younger or age 50 or older);
B.
Caring for a Dependent
				Child
1. Responsible for the care of
				a dependent household member under the age of 6;
2. Responsible for the care of a dependent
				household member at least age 6, but under age 12 if the student does not have
				adequate childcare to attend class and comply with work requirements;
				or
3. Full-time student who is a
				single parent responsible for the care of a dependent child under the age of
				12.
a) This applies only where one natural,
				adoptive or stepparent is living with the child in the same SNAP
				household.
b) It could also apply
				where a full-time student with parental control over the child is living in the
				same SNAP household as long as the adult is not residing with a
				spouse.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 10 - Students › Rule 18-14-10.5 - Income and Resources of an Ineligible Student

Current through June 25, 2024
A. A
				student who does not meet one of the required exemptions is determined
				ineligible for SNAP and is considered a non-household member.
B. As such, the income and resources of the
				ineligible student is not considered available to the household with whom the
				person resides.
C. Cash payments by
				ineligible students to the household are considered income.
D. If the household shares deductible
				expenses with the non-household member, only the actual amount paid or
				contributed by the household will be deducted as a household expense.
E. If the payments cannot be differentiated,
				then the expenses will be prorated among those actually paying to the expense
				and only the household's prorated share will be deducted.
F. When the earned income of a household
				member is combined with the earned income of an ineligible student into one
				wage, the income of the household members will determine by the share due to
				the household if such share can be identified.
G. If the household's share cannot be
				identified, then the earned income among those whom it was intended to cover
				will be prorated to the household.
H. Such non-household members will not be
				included in determining the size of the household when assigning benefit
				levels; comparing the household's monthly income with eligibility standards; or
				comparing the household's resources with eligibility limits.
7 CFR §
											273.5(d);
				  7 CFR §
										273.11(d)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 11 - Interaction between General Work Requirements, ABAWD Policy and SNAP E and T › Rule 18-14-11.1 - General

Current through June 25, 2024
A. The general work requirements and the
				ABAWD work requirements have their own set of exemptions.
B. The general work requirements apply to
				non-exempt individuals ages 16 through 59.
C. The ABAWD time limit and work requirements
				apply to non-exempt individuals ages 18 to 52. Per the Fiscal Responsibility
				Act of 2023 (FRA), the age-based modification exception will sunset on October
				1, 20
30
.
D. Thus,
				ABAWDs would be a special subset of individuals who must meet the general work
				requirements.
E. In addition,
				ABAWDs are subject to special time limits and must work and/or participate in a
				work program at least 80 hours per month or average 20 hours a week or
				participate in and comply with workfare in order to receive SNAP for more than
				3 months in a 36- month period unless he or she becomes exempt.
F. Participation in SNAP E&T (a funded
				education and skills training program) is one way an individual can meet the 80
				hour per month or average 20 hours a week ABAWD work requirement.
G. MDHS has the option to provide qualifying
				work programs outside of SNAP E&T to ABAWDs.
7 CFR §
											273.7;
				  7 CFR §
										273.24; 7 USCA§2015(6)(03)(3)
				  and 7 USCA§2015(6)(0)(6)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 11 - Interaction between General Work Requirements, ABAWD Policy and SNAP E and T › Rule 18-14-11.2 - MDHS Responsibilities

Current through June 25, 2024
A. MDHS must
				register all non-exempt household members for work.
1. Applicants must be allowed to complete a
				work registration form for each household member required to register for
				employment.
2. MDHS may also
				document in the case record that all applicable household members have
				registered for employment.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.1 - General Rule

Current through June 25, 2024
A. As a condition
				of eligibility, each non-exempt household member must comply with the following
				SNAP work requirements:
1. Register for work
				at the time of application and every 12 months after initial
				registration;
2. Participate in a
				workfare program if assigned by MDHS;
3. Participate in a SNAP Employment &
				Training (E&T) program if assigned by MDHS;
4. Provide MDHS or its designee with
				sufficient information regarding employment status or availability of
				work;
5. Report to an employer that
				was referred by MDHS or its designee if the potential employment meets the
				suitability requirements;
6. Accept
				suitable employment for a wage that is equal to or higher than the Federal or
				State minimum wage;
7. Do not
				voluntarily quit a job of 30 or more hours or reduce hours to less than 30
				hours per week without good cause.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.2 - Strikers

Current through June 25, 2024
Eligible strikers are subject to SNAP work requirements
				  unless he or she is exempt.
7 CFR §
											273.7(a)(4)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.3 - SSI Households

Current through June 25, 2024
Household members applying for SSI will have the SNAP work
				  requirements waived until he or she is determined eligible for SSI and becomes
				  exempt from SNAP work requirements, or until they are determined ineligible for
				  SSI, at which time their exemptions from SNAP work requirements will be
				  reevaluated.
7 CFR §
											273.7(a)(6)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.4 - Exemptions to General Work Requirements

Current through June 25, 2024
Only the following individuals are exempt from the general
				  work requirements:
A. An individual
				younger than 16 years of age or an individual 60 years of age or older.
1. A person 16 to 17 will also be exempt if
				he or she is:
a) Not the head of
				household;
b) Attending school;
				or
c) Enrolled in a SNAP E&T
				program on at least a half-time basis.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.5 - Losing Exemption Status Due to Change in Circumstances

Current through June 25, 2024
A. A person losing exemption status because
				of any change in circumstances that becomes known to MDHS during the
				certification period must register for employment when the change becomes known
				to the agency.
B. A person losing
				exemption status due to changes which do not have to be reported during the
				certification period must fulfill the work registration requirement as part of
				the next scheduled recertification (unless otherwise exempt).
7 CFR §
											273.7(b)(2)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.6 - Ineligibility for Failure to Comply

Current through June 25, 2024
A. A nonexempt
				individual who refuses or fails without good cause (as defined in
Rule
				12.12 Good Cause
) to comply
				with general SNAP work requirements is ineligible to participate in SNAP and
				will be considered an ineligible household member.
B. MDHS must determine if good cause exists
				once it learns of the individual's noncompliance.
C. MDHS must provide an individual a notice
				of adverse action within 10 days of establishing that noncompliance was without
				good cause.
1. The notice of adverse action
				must contain the particular noncompliance act and the proposed disqualification
				period.
2. The notice must specify
				what actions can be taken to avoid disqualification prior to the beginning of
				the disqualification period.
3. The
				notice must also state the individual may reapply, if appropriate, at the end
				of the disqualification period.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.7 - Failure to Comply with TWP or Unemployment Compensation Work Program

Current through June 25, 2024
A. An individual exempt from SNAP work
				requirements because he or she is subject to TWP or unemployment compensation
				work program who fails to comply with such programs are treated as if he or she
				failed to comply with SNAP work requirements.
B. If the SNAP household reports a loss or
				denial of TANF or unemployment compensation benefits, MDHS must determine
				whether the loss or denial resulted from TWP or unemployment compensation work
				requirements.
C. If MDHS determines
				that the loss or denial or TANF or unemployment compensation benefits is due to
				failure to comply without good cause, the individual (or household if
				applicable-see
Rule
				12.9 Household
				Ineligibility
) will be disqualified in accordance with
Rule
				12.8 Disqualification
				Periods.
D. However, if
				the individual meets one of the other general work requirement exemptions, then
				the individual (or household if applicable) will not be disqualified.
7 CFR §
											273.7(f)(7)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.8 - Disqualification Periods

Current through June 25, 2024
A. MDHS must submit
				a disqualification plan detailing its disqualification policy as part of the
				annual State Plan of Operations.
B.
				The disqualification will begin on the first month following the expiration of
				the 10-day adverse notice period unless a fair hearing is requested. Please
				refer to Title 18 of the Administrative Code, Part 23, Programmatic
				Administrative Agency Appeal Hearing Policy, Chapter 3.
C. An E&T disqualification may be imposed
				after the end of a certification period.
D. The following disqualification periods
				will be imposed for the noncompliant individual:
1. First violation: three months and
				compliance;
2. Second violation:
				six months and compliance; and
3.
				Third violation: the individual is permanently disqualified. However, the
				remaining household member will be subject to a six-month disqualification
				period.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.9 - Household Ineligibility

Current through June 25, 2024
A. If the
				individual who becomes ineligible due to disqualification is the head of
				household, MDHS will disqualify the entire household from SNAP
				participation.
B. Regarding failure
				to comply with the work requirements, the head of household will be the
				principal wage earner unless the household has selected an adult parent of
				children.
1. The principal wage earner is the
				household member who is the greatest source of earned income in the two months
				prior to the month of the violation.
2. This applies only if the employment is 20
				hours or more per week or provides weekly earnings at least equivalent to the
				Federal minimum wage multiplied by 20 hours.
3. If no principal source of earned income in
				the household, then the member who is documented as such in the case record
				will be considered the head of household for the period of
				ineligibility.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.10 - Fair Hearings

Current through June 25, 2024
A. MDHS provides
				SNAP applicants and/or recipients an opportunity to appeal adverse
				administrative decisions and provide supporting documentation challenging the
				adverse or noncompliant action. Please refer to Title 18 of the Administrative
				Code, Part 23, Programmatic Administrative Agency Appeal Hearing Policy,
				Chapter 3.
B. Each individual or
				household has the right to request a fair hearing to appeal:
1. A denial, reduction, or termination of
				benefits due to a determination of nonexempt status; or
2. A MDHS determination of failure to comply
				with SNAP work requirements.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.11 - Suitable Employment

Current through June 25, 2024
A. Employment will
				be considered suitable unless:
1. The wage
				offered is less than the highest of the applicable Federal minimum wage, the
				applicable State minimum wage or 80% of the Federal minimum wage if neither the
				Federal nor the State minimum wage is applicable.
2. The employment is offered on a piece-rate
				basis (the worker is paid a fixed piece rate for each item produced regardless
				of the time involved) and the average hourly yield the employee can reasonably
				be expected to earn is less than the applicable hourly wages as specified
				above.
3. The household member, as
				a condition of employment or continuing employment, must join, resign from or
				refrain from joining any legitimate labor organization.
4. The work offered is at a site subject to a
				strike or lockout at the time of the offer unless the strike has been enjoined
				under the Taft-Hartley Act or unless an injunction has been issued under
				section 10 of the Railway Labor Act.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.12 - Good Cause

Current through June 25, 2024
A. MDHS is
				responsible for determining good cause when a SNAP recipient fails or refuses
				to comply with a SNAP work requirement.
B. MDHS must consider the individual member's
				facts and circumstances as well as information from the employer when making a
				good cause determination.
C. Good
				cause includes circumstances beyond the individual's control such as, but not
				limited to,:
1. Illness;
2. Illness of another household member
				requiring the member's presence;
3.
				A household emergency;
4.
				Transportation is unavailable; or
5. The lack of adequate childcare for
				children age six, but under age 12.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.13 - Voluntary Quit and Reduction of Work Effort

Current through June 25, 2024
A. An
				individual is ineligible to participate in SNAP if the individual within 60
				days prior to the date of application either:
1. Voluntarily and without good cause quits a
				job of 30 hours a week or more; or
2. Reduces his or her work effort voluntarily
				and without good cause and, after the reduction, is working less than 30 hours
				per week.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.14 - Ending Disqualification

Current through June 25, 2024
A. Except in cases
				of permanent disqualification, participation may resume if the disqualified
				individual applies after the end of the disqualification period and is
				determined to be in compliance with the work requirements.
B. A disqualified individual may resume
				participation during the disqualification period, if otherwise eligible, by
				becoming exempt from the work requirements.
7 CFR §
											273.7(g)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.15 - Optional Workfare Program

Current through June 25, 2024
A. In workfare,
				nonexempt SNAP recipients may be required to perform work in a public service
				capacity as a condition of eligibility to receive normal benefit
				allotments.
B. The goal of workfare
				is to improve employability and move individuals into regular
				employment.
C. A SNAP workfare
				program may be operated as an E&T component, or it may be operated
				independently.
D. If the workfare
				program is part of an E&T program, it must be included in the E&T State
				Plan. If it is not part of an E&T program, then MDHS must submit an
				Optional Workfare Plan.
E. MDHS may
				implement a workfare program statewide or in only some areas of the state as
				detailed in its E&T plan.
F.
				Workfare plans must be approved by FNS and any changes to the plan must be
				submitted to FNS through amendments.
G. MDHS is responsible for monitoring the
				agency's compliance with its workfare plan.
H. The operating agency as detailed in the
				workfare plan is responsible for:
1.
				Establishing and monitoring job sites;
2. Interviewing and assessing eligible
				recipients;
3. Assigning eligible
				recipients to the job sites;
4.
				Monitoring participant compliance; and
5. Making initial determinations of good
				cause for household noncompliance.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.16 - Comparable Workfare Programs

Current through June 25, 2024
A. MDHS can
				establish comparable workfare programs to provide ABAWDs a way to fulfill the
				work requirements.
B. The following
				conditions must be met in order to establish a comparable workfare program:
1. The maximum number of hours worked weekly
				in a comparable workfare activity, combined with any other hours worked during
				the week for compensation (in cash or in kind) must not exceed 30;
2. Participants must not receive a fourth
				month of SNAP benefits without having secured a workfare position or without
				having met their workfare obligation;
3. MDHS must maintain records to support
				issuing benefits beyond the third month of eligibility; and
4. MDHS must provide a description of the
				program to the appropriate FNS Regional office.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 12 - General Work Requirements › Rule 18-14-12.17 - Workforce Partnerships

Current through June 25, 2024
A. Workforce
				partnerships are programs operated by either:
1. A private employer;
2. An organization representing private
				employers;
3. A nonprofit
				organization providing services relating to workforce development; or
4. An entity identified as an eligible
				provider of training services under section 122(d) of WIOA.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.1 - General Rule

Current through June 25, 2024
A. An able-bodied
				adult without dependents (ABAWD) is an individual age 18 but under 52 years old
				without minor dependents.
Per the Fiscal Responsibility Act of 2023
				(FRA), the age-based modification exception will sunset on October 1,
				2030.
B. SNAP eligibility
				for ABAWDs is limited to (three) 3 countable months during any 3-year (36
				months) period.
C. However, an
				ABAWD meeting the work requirements, or an exemption is not subject to the time
				limits.
D. Individuals may be
				eligible for up to (three) 3 additional months.
E. MDHS must inform all ABAWDs of the ABAWD
				work requirements and time limits orally and in writing.
7 CFR §
											273.24(b)-(c)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.2 - ABAWD Work Requirements

Current through June 25, 2024
An ABAWD will comply with the work requirement by
				  either:
A. Working 20 hours per week or
				averaged monthly to 80 hours a month;
1. Work
				in exchange for money;
2. Work in
				exchange for goods or services, known as "in kind" work;
3. Unpaid work as verified by MDHS;
				or
4. Any combination of the
				above.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.3 - Qualifying ABAWD Work Programs

Current through June 25, 2024
An ABAWD qualifying work program can include either:
A. A program under Title 1 of the Workforce
				Innovation and Opportunity Act (WIOA);
1. The
				Adult program;
2. The Dislocated
				Worker program; and
3. The Youth
				program.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.4 - Countable Months

Current through June 25, 2024
Countable months are considered months during which an
				  individual receives SNAP benefits for the full benefit month. A countable month
				  will NOT be:
A. When an individual is
				exempt for meeting the work requirements;
B. When an individual is protected by a
				waiver;
C. When an individual is
				fulfilling the work requirements;
D. When an individual is receiving prorated
				benefits; or
E. In the month an
				individual is notified of a provider determination.
7 CFR §
											273.24(b)(1)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.5 - Measuring the Three-Year Period

Current through June 25, 2024
A. MDHS measures
				the three-year period using a fixed clock that begins on the individual's date
				of initial application.
B. The
				three initial months are not required to be consecutive.
7 CFR §
											273.24(b)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.6 - Exemptions to the ABAWD Work Requirements

Current through June 25, 2024
An individuals is not subject to the ABAWD time limits if he
				  or she is:
A. Under 18 or age 52 or
				older;
B. Determined by MDHS to be
				mentally or physically unfit for employment;
C. Is a parent (natural, adoptive, or step)
				of a household member under age 18, regardless of that member's eligibility
				status;
D. Is residing in a
				household where a household member is under age 18, regardless of that member's
				eligibility status;
E.
				Pregnant;
F. Homeless
				individual;
G. U.S. Armed Forces
				Veteran (active or reserve unit);
H. Age 24 or younger in the responsibility of
				the State, District, Territory, or Indian Tribal Organization's foster care
				system on the date the individual turned 18 years old; or
I. Otherwise exempt from the general SNAP
				work requirements.
Modification exception exemptions F-H sunset October 1, 2030,
				  per the Fiscal Responsibility Act of 2023(FRA).
7 CFR §
											273.24(c);
				  7
				  USCA§2015(6)(0)(3)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.7 - Medical Certification of Unfitness for Employment

Current through June 25, 2024
MDHS will consider an individual to be medically certified as
				  physically or mentally unfit for employment if he or she:
A. Receives temporary or permanent disability
				benefits issued by the government or private sources;
B. Is obviously mentally or physically unfit
				for employment as determined by MDHS;
C. If the unfitness is not obvious, a
				statement from a physician, physician's assistant, nurse, nurse practitioner,
				licensed or certified psychologist, social worker or other medical professional
				must be provided to MDHS that indicates that the individual is physically or
				mentally unfit for employment.
7 CFR §
											273.24(c)(2)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.8 - Good Cause

Current through June 25, 2024
A. MDHS will
				determine whether an individual has fulfilled the work requirement.
B. The individual will be considered as
				fulfilling the work requirement even though he or she missed some hours for
				good cause if the absence from work, the work program or the workfare program
				is temporary.
C. Good cause will be
				circumstances beyond the individual's control such as, but not limited to:
1. Illness;
2. Illness of another household member
				requiring the member's presence;
3.
				A household emergency; or
4.
				Transportation is unavailable.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.9 - Reporting Changes

Current through June 25, 2024
ABAWD households must report a change in work hours below 20
				  hours per week, averaged monthly.
7 CFR §
											273.24(b)(7)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.10 - Regaining Eligibility

Current through June 25, 2024
A. Individuals
				denied eligibility under
Rule
				12.1 General Rule
will
				regain eligibility during any 30 consecutive days if he or she:
1. Worked 80 or more hours;
2. Participated in and complied with the work
				program requirements for 80 or more hours;
3. A combination of work and participation in
				a work program for a total of 80 hours;
4. Participated in and complied with a
				workfare program;
5. Provides
				verification that he or she will meet the ABAWD work requirements within 30
				consecutive days from the date of application as determined by MDHS;
				or
6. Becomes exempt.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.11 - Additional Three-Month Eligibility (Bonus Months)

Current through June 25, 2024
A. ABAWDs who regain eligibility by meeting
				an ABAWD work requirement and who are no longer fulling the work requirement
				may be entitled to three additional countable months.
B. The additional months must be used in
				consecutive order.
C. The
				consecutive months will begin when the individual notifies MDHS that he or she
				is no longer meeting the ABAWD work requirements.
D. An individual is not permitted to receive
				benefits under this provision more than once in any three-year
				period.
7 CFR §
											273.24(e)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.12 - Waivers

Current through June 25, 2024
MDHS may seek a waiver of the ABAWD time limits with the
				  Governor's approval only during a formal state or federal declaration of a
				  natural disaster.
7 CFR §
											273.24(f) and Miss Code Ann.
				  §
										43-12-19
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.13 - Discretionary Exemptions (8%)

Current through June 25, 2024
A. MDHS is allotted
				a number of exemptions equal to 8 percent of the state's caseload that is
				ineligible for SNAP due to the ABAWD time limit.
B. FNS will calculate and issue a new
				allotment each federal fiscal year.
C. Each discretionary exemption extends
				eligibility to one ABAWD for one month.
D. MDHS has discretion as how to use the
				exemptions.
E. When the county has
				no available workfare sites or meaningful E&T activities and the
				participant is unable to self-initiate either a workfare site or an activity
				that will meet the monthly work requirements, a 8% exemption may be
				implemented.
F. MDHS must track the
				number of exemptions used monthly and report such number to FNS.
7 CFR §
											273.24(g);
				  7
				  USCA§2015(6)(0)(6)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 13 - Able-Bodied Adults without Dependents (ABAWDs) › Rule 18-14-13.14 - Adjustments

Current through June 25, 2024
A. FNS will adjust the number of exemptions
				for MDHS if the number of SNAP recipients varies from MDHS' caseload by more
				than 10 percent.
B. If MDHS does
				not use all of its exemptions by the end of the fiscal year, then FNS will
				increase the number of exemptions allocated for use in the subsequent
				year.
C. If MDHS uses more than its
				exemptions by the end of the fiscal year, then FNS will decrease the number of
				exemptions allocated for use in the subsequent year.
7 CFR §
											273.24(h)
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 14 - E and T Work Requirements › Rule 18-14-14.1 - E and T Work Requirement

Current through June 25, 2024
A. Work
				Requirements
1. As a condition of eligibility
				for SNAP benefits, each household member who is not exempt must comply with the
				following SNAP work requirements:
a) Register
				for work or be registered at the time of application and every 12 months after
				initial registration.
b)
				Participate in a SNAP Employment and Training (E&T) program if required by
				the agency;
c) Participate in a
				workfare program if required by the agency;
d) Provide the agency with sufficient
				information regarding employment status or availability for work;
e) Report to an employer to whom referred by
				the agency if the potential employment meets the suitability
				requirements;
f) Accept a bona fide
				offer of suitable employment, at a wage equal to the higher of the Federal or
				State minimum wage;
g) Do not
				voluntarily and without good cause quit a job of 30 or more hours a week or
				reduce work effort to less than 30 hours a week.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 14 - Supplemental Nutrition Assistance Program (SNAP) Policy Manual › Chapter 14 - E and T Work Requirements › Rule 18-14-14.3 - Agency Responsibility

Current through June 25, 2024
The agency must register for work each household member not
				  exempted. Household members are considered to have registered when the SNAP
				  application is submitted to the agency.
A. During the certification process, the
				agency must provide a written notice and oral explanation to the household of
				all applicable work requirements for all members of the household and identify
				which household member is subject to work requirements. These work requirements
				include the general work requirement, mandatory E&T, and the ABAWD work
				requirement. This written notice and oral explanation must be provided to the
				household when a previously exempt household member or new household member
				becomes subject to the work requirements, and at recertification.
B. The consolidated written notice must
				include all pertinent information related to each of the applicable work
				requirements, including:
1. An explanation of
				the work requirement;
2. Exemptions
				from the work requirement;
3.
				Identify which individuals are subject to which work requirement;
4. An explanation of the process to request
				an exemption (including contact information to request an exemption);
5. The rights and responsibilities of each
				applicable work requirement;
6.
				What is required to maintain eligibility under the work requirement;
7. Pertinent dates by which an individual
				must take any actions to remain in compliance with the work
				requirement;
8. The consequences
				for failure to comply with the work requirement;
9. An explanation of the process for
				requesting good cause (including examples of good cause circumstances and
				contact information to initiate a good cause request); and
10. Any other information the agency believes
				would assist the household members with compliance.