TDA-22-15-00005-P Supplemental Nutrition Assistance Program

6/3/15 N.Y. St. Reg. TDA-22-15-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 22

June 03, 2015

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-22-15-00005-P

Supplemental Nutrition Assistance Program

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 387.1; and addition of section 387.25 to Title 18 NYCRR.

Statutory authority:

7 USC section 2020(s); Social Services Law, sections 20(3)(d) and 95

Subject:

Supplemental Nutrition Assistance Program.

Purpose:

Update regulations for the Transitional Benefits Alternative program.

Text of proposed rule:

Subdivisions (ll), (mm) and (nn) of section 387.1 of Title 18 NYCRR are amended to read as follows:

(ll) Transitional Benefits Alternative (TBA) provides five months of transitional SNAP benefits to eligible households after they leave the family assistance and/or safety net assistance program pursuant to the requirements set forth in section 387.25 of this Part.

(mm) Transitional SNAP benefits are SNAP benefits allotted to eligible TBA households pursuant to section 387.25 of this Part for five months immediately following the month in which the household’s case for family assistance and/or safety net assistance was closed.

(nn) Verification is the process of obtaining information which establishes the accuracy of information provided by the applicant/recipient.

[(mm)] (oo) Veteran means a person who served in the active military, naval, or air service of the United States, and who was discharged or released therefrom under conditions other than dishonorable.

[(nn)] (pp) United States Department of Agriculture (USDA) is the Federal agency responsible for the administration of [the food stamp program] SNAP.

A new section 387.25 is added to Title 18 NYCRR to read as follows:

387.25 Transitional Supplemental Nutrition Assistance Program Benefits

Transitional Benefits Alternative (TBA) provides five months of transitional SNAP benefits to eligible households after they leave the family assistance and/or safety net assistance program pursuant to the requirements set forth in this section.

(a) Eligible Households. Transitional SNAP benefits must be provided to eligible SNAP households as set forth below:

(1) Family Assistance. Households leaving family assistance except for those excluded under subdivision (b) of this section.

(2) Safety Net Assistance. Households leaving safety net cash or safety net federally non-participating programs, except for those excluded under subdivision (b) of this section, who meet each of the following conditions:

(i) The household must include at least one child who is:

(a) Under 22 years of age and living with a parent; or

(b) Under 18 years of age and under the parental control of an adult member of the household; or

(c) Under 18 years of age and is a minor head of household at the time of the safety net case closing.

(ii) The child/children do not need to be participating in either the safety net case or the SNAP case at the time of the safety net case closing.

(iii) The child/children must be verified with the social services district as active, sanctioned or inactive household members at the time of the safety net case closing.

(iv) Eligibility for TBA cannot be established subsequent to the safety net case closing.

(3) Eligible households as determined in paragraphs (1) and (2) of this subdivision who have a member(s) participating in an employment program that provides wages that are funded or reimbursed, at least in part, through a grant diversion program that diverts the household’s entire family assistance or safety net assistance grant ($0 cash grant case) are considered to have left family assistance and/or safety net assistance for the purpose of TBA eligibility.

(b) Ineligible Households. Transitional SNAP benefits must not be provided when one of the following conditions exists:

(1) The household is not in receipt of SNAP benefits at the time of the closing;

(2) A household member is not compliant with a family assistance or safety net assistance requirement, and the State agency or social services district is imposing a comparable SNAP sanction;

(3) A household member is currently in violation of a SNAP work requirement;

(4) A household member is currently disqualified from participation in the family assistance program, the safety net assistance program or SNAP for an intentional program violation;

(5) A household's SNAP case is closing for failure to comply with SNAP reporting requirements;

(6) No household member is eligible to participate in SNAP; or

(7) A safety net assistance household has not reported and verified the residence of a child, as required by subparagraph (iii) of paragraph (2) of subdivision (a) of this section, at the time of the safety net case closing.

(c) TBA Transition Period. The social services district provides five months of transitional SNAP benefits.

(1) The transitional SNAP benefits are issued to TBA eligible households for a period of five months following the closing of the public assistance case even if it results in the shortening or the extending of a household’s currently assigned certification period, unless:

(i) A household has recertified for SNAP benefits as a result of voluntarily reporting a change that resulted in an increase in SNAP benefits; or

(ii) A household has a member or members who begin receiving family assistance or safety net assistance. This includes a household under a grant diversion program who begins receiving a cash grant.

(2) As provided in paragraph (1) of this subdivision, the TBA transition period will end after a household has been issued transitional SNAP benefits for a period of five months, except that:

(i) for a household that recertifies for SNAP benefits, as provided in subparagraph (i) of paragraph (1) of this subdivision, the household’s TBA transition period will end the last day of the month immediately preceding the first month of the new certification period;

(ii) for a household that has a member who begins receiving either family assistance or safety net assistance, as provided in subparagraph (ii) of paragraph (1) of this subdivision, on or before the twentieth day of the month, the household’s TBA transition period will end no later than the last day of the month in which the household member begins receiving such assistance; and

(iii) for a household that has a member who begins receiving either family assistance or safety net assistance, as provided in subparagraph (ii) of paragraph (1) of this subdivision, after the twentieth day of the month, the household’s TBA transition period will end no later than the last day of the month following the month in which the household member begins receiving such assistance.

(d) Calculation of Transitional SNAP Benefits. All transitional SNAP benefits will be calculated by removing the public assistance income from the SNAP budget in effect immediately prior to the closing of the public assistance case; all other budget factors will remain the same. The SNAP budget then will be recalculated to establish the transitional SNAP benefit amount. Transitional SNAP benefits will remain at the established level for five months, unless the household’s TBA benefits are discontinued pursuant to paragraph (1) of subdivision (c) of this section.

(e) Reporting Requirements and Reporting Changes.

(1) TBA households are not required to report changes during the five-month TBA transition period.

(2) TBA households may voluntarily report changes. Only changes that will result in an increase in benefits and that are authorized through a recertification of the household will be enacted.

(f) Recertification.

(1) TBA households must recertify for SNAP benefits in order to continue to receive SNAP benefits after the five-month TBA transition period.

(2) TBA households must be allowed to file a recertification at any time during the five-month TBA transition period.

(i) Only a client-requested recertification that will result in an increase in SNAP benefits will be enacted to end the five-month TBA transition period.

(ii) The increased SNAP benefits will be issued for the new certification period that will begin the month after the month in which the household completes all recertification requirements.

(iii) Unless conducted on the same day as the recertification filing date, client-requested recertification interviews must be scheduled as soon as possible, but no later than ten days prior to the end of the month following the month in which the recertification is requested.

(iv) TBA households that fail to appear for a scheduled interview must have their transitional SNAP benefits continue until the end of the five-month TBA transition period.

(v) TBA households that request an early recertification, but fail to provide required verification or that report changes that would result in a decrease in SNAP benefits, will continue to receive transitional SNAP benefits unchanged until the end of the five-month TBA transition period.

(g) Notice Requirements. At the commencement of the TBA transition period, a notice must be issued advising the household of the following:

(1) The amount of the TBA benefits.

(2) The length of the TBA transition period.

(3) TBA households will receive the same TBA benefit amount until the end of the TBA transition period.

(4) TBA households are not required to report any changes until the recertification at the end of the TBA transition period.

(5) TBA households may report changes if income decreases or if expenses or household size increase.

(6) TBA households may request an early recertification.

(7) TBA households with a member or members who begin receiving family assistance or safety net assistance lose eligibility for TBA.

Text of proposed rule and any required statements and analyses may be obtained from:

Jeanine S. Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, New York 12243-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

Section 2020 of Title 7 of the United States Code (7 USC § 2020) provides a transitional benefits option under the Supplemental Nutrition Assistance Program (SNAP).

7 USC § 2020(s)(1) provides the transitional SNAP benefits option to all States in order to assist households with children that are leaving federally-funded cash assistance programs or State-funded cash assistance programs.

7 USC § 2020(s)(2) provides that a household may receive transitional SNAP benefits for a period of not more than five months after the date on which the household’s cash assistance is terminated.

7 USC § 2020(s)(3) provides that during the five-month transitional benefits period, a household will receive an amount of SNAP benefits equal to the allotment received in the month immediately preceding the date on which case assistance was terminated, adjusted for the change in household income as a result of the termination of cash assistance. This adjustment always results in a benefit equal to or greater than the allotment received immediately preceding the date on which case assistance was terminated.

7 USC § 2020(s)(4) provides that in the final month of the transitional benefits period, the State agency may require the household to cooperate in a recertification of eligibility for SNAP benefits and initiate a new certification period for the household without regard to whether the preceding certification period has expired. The household must recertify and be found eligible to continue to receive SNAP benefits.

7 USC § 2020(s)(5) provides that a household shall not be eligible for transitional SNAP benefits under the following circumstances: if the household loses eligibility for SNAP benefits pursuant to the eligibility disqualifications set forth in 7 USC § 2015; if the household is sanctioned for failure to perform an action required by federal, State or local law relating to its cash assistance program; or if the household is a member of any other category of households designated by the State agency as ineligible for transitional benefits.

7 USC § 2020(s)(6)(A) provides that a household receiving transitional SNAP benefits may apply for recertification at any time during the five-month transitional benefits period. Recertifications are processed only when there is a client requested recertification that will result in an increase in SNAP benefits.

Social Services Law (SSL) § 20(3)(d) authorizes the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to carry out its powers and duties.

SSL § 95 authorizes OTDA to administer SNAP in New York State and to perform such functions as may be appropriate, permitted or required by or pursuant to federal law.

Executive Order No. 17, signed by Governor Paterson on April 27, 2009, required each State agency to review its existing regulations and report on proposed changes to the regulations that would reduce the impact of existing mandates on local governments. This regulatory proposal is being promulgated consistent with Executive Order No. 17.

2. Legislative objectives:

It has been the intent of Congress to ease the transition period from reliance on public assistance programs to financial independence by providing additional SNAP benefits to families who are attempting to improve their financial well-being.

3. Needs and benefits:

OTDA originally implemented the Transitional Benefits Alternative (TBA) program for SNAP in December 2001. Since that time, OTDA has found the TBA program to be very beneficial for both families and the social services districts. The TBA program provides additional federally-funded SNAP benefits to certain households with children that are leaving cash assistance programs. These additional benefits help families meet their nutritional needs while making the transition from cash assistance to employment. The TBA program also provides administrative ease to the social services districts by requiring fewer recipient recertifications, easier budget calculations and less paperwork. As a result of its favorable impact, the TBA program has received the support of recipients, advocates and the social services districts.

The TBA program is a federal option available to all States. Originally, the federal government permitted the States to provide three months of transitional SNAP benefits to certain families leaving federally-funded cash assistance programs. In December 2001, New York State became the first State to implement the TBA program for eligible families leaving federally-funded cash assistance programs. The implementation of the TBA program in New York State permitted many households with earnings to receive additional months of SNAP benefits that they otherwise would not have been eligible for, thereby easing the transition from public assistance to employment.

The federal government then simplified the TBA program by establishing a five-month transitional benefits period, providing a standard transitional benefit computation and eliminating reporting requirements during the five-month transitional benefits period. In October 2002, OTDA implemented these changes to its TBA program and thereby eased requirements on both recipients and social services districts by reducing the number of recertifications, simplifying budget calculations and limiting the amount of required paperwork.

The Food, Conservation and Energy Act of 2008 enabled States to expand the TBA program to include households with children leaving State-funded cash assistance programs. As a result of the TBA program’s prior success and due to encouragement from the social services districts, OTDA implemented this expansion in December 2009 so that households with children could potentially be eligible for the TBA program whether they were leaving federally-funded cash assistance programs or State-funded cash assistance programs.

The proposed amendments would assist recipients leaving cash assistance by setting forth eligibility requirements that households must satisfy to be eligible for transitional SNAP benefits, as well as clarifying criteria that would render any household ineligible for such benefits. The proposed regulations would provide details regarding the five-month transitional benefits period and the standard calculation for transitional SNAP benefits. Guidance would be provided to recipients regarding the voluntary reporting of changes in circumstances during the five-month transitional benefits period and the potential outcomes of such reporting. Lastly, the proposed amendments would address recertification at the end of the five-month transitional benefits period and the notices that must be provided by OTDA to all TBA households.

4. Costs:

The proposed amendments would not impose initial costs or any annual costs upon New York State or the social services districts to comply with the regulatory enactment of the TBA program. Since the proposed amendments would simply clarify the existing requirements of the TBA program, there would be no costs associated with the proposed changes.

5. Local government mandates:

Experience has shown that the TBA program eases local mandates in three significant ways. First, the TBA authorization period is automatic for qualifying households and lasts for up to five months. This transitional benefits period controls costs by significantly limiting the number of interviews and recertification forms that need to be processed by social services districts. Second, the TBA program provides a simplified transitional benefit computation. Social services districts calculate the TBA amount for households by removing the public assistance income from the SNAP budget in effect immediately prior to the closing of the public assistance case. No other changes or budget comparisons are made when calculating transitional SNAP benefit amounts. Third, households in receipt of TBA are not required to report any changes during the transitional benefits period. This eases the social services districts’ responsibility to handle paperwork and verify changes in household circumstances.

6. Paperwork:

The proposed amendments would not impose any new forms or new reporting requirements.

7. Duplication:

The proposed amendments would not conflict with any existing State or federal statutes or regulations.

8. Alternatives:

One alternative is not to update State regulations to reflect the requirements of the TBA program. However, this alternative is not a viable option. Social services districts and recipients would both benefit if the requirements of the TBA program were set forth in State regulations.

Another alternative is to eliminate the TBA program in New York State. However, this alternative is not a viable option. The TBA program has been a successful means of providing nutritional assistance to families who are transitioning from public assistance programs to employment and self-sufficiency. Prior to the implementation of the TBA program, many households, particularly those leaving public assistance due to earnings, would lose eligibility for SNAP benefits or would request to close their SNAP cases when their public assistance ended. The implementation of the TBA program permitted many of these households to receive five additional months of SNAP benefits that they otherwise would not have been eligible for, thereby easing the transition from public assistance to employment. Also the TBA program has reinforced public awareness that eligibility for SNAP benefits can continue after the end of eligibility for public assistance.

9. Federal standards:

The proposed amendments do not conflict with the federal standards set forth in 7 USC § 2020(s).

10. Compliance schedule:

Since the proposed amendments would simply clarify the existing requirements of the TBA program in New York State, all social services districts would be in compliance with the proposed amendments upon their effective date.

Regulatory Flexibility Analysis

1. Effect of Rule:

The proposed amendments would have no effect on small businesses. However, the proposed amendments would benefit the fifty-eight social services districts in the State by updating State regulations to reflect the requirements of the TBA program.

2. Compliance Requirements:

The proposed amendments would not impose any reporting, recordkeeping or other compliance requirements on the social services districts.

3. Professional Services:

The proposed amendments would not require the social services districts to hire additional professional services to comply with the new regulations. It is noted that the calculation of TBA budgets and the resulting issuances of transitional SNAP benefits are mostly automated processes in New York City and the rest of the State using OTDA’s Welfare Management System.

4. Compliance Costs:

The proposed amendments would not impose initial capital costs or any annual costs upon the social services districts to comply with the regulatory enactment of the TBA program. Since the proposed amendments would simply clarify the existing requirements of the TBA program in New York State, there would be no costs associated with the proposed changes.

5. Economic and Technological Feasibility:

All social services districts have the economic and technological ability to comply with these regulations.

6. Minimizing Adverse Impact:

The proposed amendments would not have an adverse impact on social services districts.

7. Small Business and Local Government Participation:

Social services districts have supported the TBA program as a simplification initiative because it eases administrative mandates for them. They have consistently encouraged the extension of the TBA program. In 2009 OTDA developed an Administrative Directive (09-ADM-22) to address the federal government’s most recent expansions of the TBA program. All of the social services districts had an opportunity to review and comment on 09-ADM-22 prior to its official release. At that time, the social services districts did not raise any concerns or objections to the TBA program.

Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

The proposed amendments would benefit the forty-four social services districts in rural areas of the State by updating State regulations to reflect the requirements of the TBA program.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The proposed amendments would not impose any reporting, recordkeeping or other compliance requirements on the social services districts in rural areas. Such districts would not need to hire additional professional services to comply with the proposed regulations. It is noted that the calculation of TBA budgets and the resulting issuance of transitional SNAP benefits are mostly automated processes in New York City and the rest of the State using OTDA’s Welfare Management System.

3. Costs:

The proposed amendments would not impose initial capital costs or any annual costs upon the social services districts in rural areas to comply with the regulatory enactment of the TBA program. Since the proposed amendments would simply clarify the existing requirements of the TBA program in New York State, there would be no costs associated with the proposed changes.

4. Minimizing adverse impact:

The proposed amendments would not have an adverse impact on the social services districts in rural areas.

5. Rural area participation:

Social services districts, including those in rural areas, have supported the TBA program as a simplification initiative because it eases administrative mandates for them. They have consistently encouraged the extension of the TBA program. In 2009 OTDA developed an Administrative Directive (09-ADM-22) to address the federal government’s most recent expansions of the TBA program. All of the social services districts, including those in rural areas, had an opportunity to review and comment on 09-ADM-22 prior to its official release. At that time, the social services districts, including those in rural areas, did not raise any concerns or objections to the TBA program.

Job Impact Statement

A Job Impact Statement is not required for the proposed amendments. It is apparent from the nature and purpose of the proposed amendments that they would not have a substantial adverse impact on jobs and employment opportunities in the State. The proposed amendments would not affect in any real way the jobs of the workers in the social services districts. The regulatory enactment of the TBA program would clarify the State’s current TBA policies and procedures and not impose any additional mandates or costs upon the State or the social services districts.