S N A P M A N U A L

South Carolina Department of Social Services

SUPPLEMENTAL

NUTRITION ASSISTANCE

PROGRAM

(SNAP)

POLICY MANUAL

Vol 55 October 2022

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Chapter 1 General Information

Chapter 2 Household Concept

Chapter 3 Filing an Application

Chapter 4 Categorically Eligible Households

Chapter 5 Verification Chapter 6 Processing Standards

Chapter 7 Non-financial Eligibility Factors

Chapter 8 Work Provisions and Abled-Bodied Adult Without Dependents (ABAWD) 89

Chapter 9 SNAP Employment and Training (E &T) Program

Chapter 10 Resource Eligibility Standards

Chapter 11 Income

Chapter 12 Income Deductions

Chapter 13 Determining Household Eligibility and Benefit Levels

Chapter 14 Determining Action on Households with Special Circumstances

Chapter 15 Change Reporting Requirements

Chapter 16 Notice of Adverse Action

Chapter 17 Recertification of SNAP Households

Chapter 18 Fair Hearings

Chapter 19 Federal Demonstration Projects

Chapter 20 Disqualification for Intentional Program Violation (IPV)

Chapter 21 Restoration of Lost Benefits

Chapter 22 Issuance

Chapter 23 Claims Against Households

Chapter 24 Program Performance Reporting System

Chapter 25 Quality Control Reviews

Chapter 26 Management Evaluation (ME) Reviews

Chapter 27 Data Analysis and Evaluation

Chapter 28 Corrective Action

Chapter 29 Determination of State Agency Program Performance

Chapter 30 High Performance Bonuses

SNAP Tool Kit

Appendix 1: SNAP Policy Manual Revisions

Appendix 2: Chapter 10 Resource Eligibility Standards

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Chapter 1 General Information

1.1 General Purpose

1.2 Operation of SNAP

1.3 General Terms and Conditions

(1) SNAP benefits do not count as income to reduce benefits

(2) No sales taxes on SNAP purchases

(3) Disclosure

(4) Information available to the public

(5) Records and reports

(6) Retention of records

1.4 Informational Activities

(1) Nutrition information

(2) Rights and responsibilities

1.5 SNAP Nondiscrimination Compliance

1.6 Complaint Procedure

1.7 Conflicts of Interest

Chapter 2 Household Concept

2.1 General Household Definitions

2.2 Special Household Requirements

(1) Required household combinations

(2) Elderly and disabled persons

(3) Boarders

(4) Foster care individuals

(5) Roomers

(6) Live-in attendants

(7) Temporary Absence

(8) Joint Physical Custody

2.3 Ineligible Household Members

2.4 Strikers

Chapter 3 Filing an Application

3.1 Operation of Supplemental Nutrition Assistance Program (SNAP) Offices . 28

3.2 SNAP Application Process

3.3 SNAP Application Form

(1) Content

(2) Required Notifications

A. United States Citizenship and Immigration Services (USCIS) B. Income and Eligibility Verification System (IEVS)………………….…...…….……………….30 C. Jointly processed cases……………………………………….……………………………………………..30 D. Privacy Act Statement………………………………………………………………………………………..31

3.4 Filing an Application for SNAP

(1) Household's right to file

(2) Contacting the SNAP office

(3) Applications Filed Through Outreach Partners

(4) Availability of the SNAP application form

(5) Paper forms

(6) Notice of right to file

(7) Notice of Required Verification

(8) Withdrawing application

3.5 Household Cooperation in Filing an Application for SNAP

3.6 Authorized Representatives

(1) Application processing and reporting

(2) Obtaining SNAP benefits………………………………………………………...……………………………..35

(3) Using SNAP benefits

(4) Restrictions on designations of authorized representatives

3.7 Limited English Proficient (LEP) or Special Need Households

3.8 Interviews

3.9 Household Cooperation With SNAP Quality Control (QC) Reviewer

3.10 Voter Registration requirements

Chapter 4 Categorically Eligible Households

4.1 Categorically Eligible Households

4.2 Households Prohibited from Being Considered Categorically Eligible

4.3 Individuals Prohibited from Being Considered Categorically Eligible

4.4 Determining Categorically Eligible Households

4.5 Temporary Assistance for Needy Families (TANF) Applicant Households.. 46

4.6 Applicant Supplemental Security Income (SSI) Households

4.7 Eligibility Factors for Categorically Eligible Households

4.8 Deemed Eligibility Factors for Categorically Eligible Households

4.9 South Carolina Combined Application Project (SCCAP)

Chapter 5 Verification

5.1 Verification Prior to Certification

(1) Identity

(2) Residency ……….…………………………..…...…………………………………………………………………..51

(3) Social security numbers

(4) Household composition

(5) Disability

(6) Non-citizen eligibility

(7) Gross nonexempt income

(8) Utility expenses

(9) Shelter expenses

(10) Medical expenses

(11) Legal obligation and actual child support payments

(12) Able-bodied adults subject to the time limit

(13) Students

(14) Refusal to cooperate with QC ………….………………………………….………….……....…………….58

(15) Other factors determined to be questionable

5.2 Sources of Verification

(1) Documentary evidence

(2) Collateral contacts

5.3 Discrepancies in Verification

5.4 Verification for Homeless Households

5.5 Responsibility for Obtaining Verification

5.6 Income and Eligibility Verification System (IEVS)/State Verification and Exchange System (SVES)

(1) New Hires

(2) State Directory of New Hires (SDNH)

(3) National Directory of New Hires (NDNH)

5.7 Documentation

5.8 Verification Subsequent to Initial Certification

(1) Recertification

(2) Changes

Chapter 6 Processing Standards

6.1 Normal Processing Standards

6.2 Aggregate (Combined) Allotments

6.3 Denying the Application

6.4 Delays in Processing the Application

(1) Determining Cause………………………………………………………………………………………………..68

(2) Delays caused by the household

(3) Delays caused by the Agency …….…………………………….…………………………………………...69

(4) Delays beyond 60 days

6.5 Expedited Service…………………………..………………………………………………………70

(1) Entitlement to Expedited Service…………………………………...……………………………………..70

(2) Identifying Households Needing Expedited Service

6.6 Processing Standards for Expedited Service...............…………………………………71

6.7 Verification Requirements for Expedited Service

6.8 Certification Periods for Expedited Households

Chapter 7 Non-financial Eligibility Factors

7.1 Residency

7.2 Social Security Numbers (SSNs)

(1) Requirements for participation

(2) Obtaining SSNs for SNAP household members

(3) Determining good cause ………………………………………….…………………………………………...73

(4) Failure to comply

(5) Ending disqualification

(6) Use of SSNs

7.3 Citizenship and Non-Citizen Status

(1) Household members meeting citizenship or non-citizen status requirements

(2) Reporting Illegal Non-Citizens

(3) Households Containing Sponsored Non-citizens Members

7.4 Students

(1) Applicability

(2) Student Exemptions

(3) Enrollment status

(4) Income and resources

7.5 Fleeing Felons and Probation/Parole Violators

(1) Fleeing Felon

(2) Probation/Parole Violators

(3) Application Processing………………….………………………………………………………………………88

Chapter 8 Work Provisions and Abled-Bodied Adult Without Dependents

(ABAWD)

8.1 Work Requirements

8.2 Exemptions from Work Requirements

8.3 The Agency’s Responsibilities for Work Registration

8.4 SNAP E & T Program Referrals

8.5 Failure to Comply with SNAP Work Requirements

(1) Ineligibility for failure to comply

(2) Failure to comply with a Work Requirement under TANF or UCB

8.6 Disqualification Periods for Failure to Comply with SNAP Work Requirements

8.7 Fair Hearings for Failure to Comply with SNAP Work Requirements

8.8 Ending Disqualifications for Failure to Comply with SNAP Work Requirements

8.9 Suitable Employment

8.10 Good Cause for failure to comply with snap work requirements

8.11 Voluntary Quit and Reduction of Work Effort

(1) Individual ineligibility

(2) Voluntary quit provision

(3) Reduction of work effort provision

(4) Determining whether a voluntary quit or reduction of work effort occurred

(5) Right to a fair hearing

(6) Ending a voluntary quit or a reduction in work disqualification

(7) Application in the final month of disqualification

8.12 Definition of ABAWD

8.13 ABAWD Determination

8.14 ABAWD Work Requirement

8.15 Exceptions to ABAWD Work Requirement

8.16 Countable Months

8.17 ABAWD Reporting Requirements

8.18 Tracking The 36 Month Period

8.19 Regaining Eligibility

8.20 Additional Three-Month Eligibility

8.21 Good Cause for Not Meeting ABAWD Work Requirement

8.22 ABAWD Discretionary Exemptions

(1) How the discretionary exemptions will be used

(2) Tracking the use of the discretionary exemptions

(3) Use of more exemptions than allotted

8.23 Benefits Received Erroneously by an ABAWD

Chapter 9 SNAP Employment and Training (E &T) Program

9.1 The SNAP Employment and Training (E&T) Program

9.2 Referrals to the SNAP Employment and Training (E&T) Program

9.3 Job Duties of the SNAP Employment and Traing (E&T) Coordinator

9.4 SNAP Employment and Training (E&T) Program Components

9.5 Reimbursement Funds for Employment and Training (E&T) Program Participants

9.6 Record Keeping for the Employment and Training (E&T) Program Chapter 10 Resource Eligibility Standards Chapter 11 Income

11.1 Income Eligibility Standards

(1) Gross income eligibility standards

(2) Net income eligibility standards

11.2 Definition of Income

11.3 Earned Income

11.4 Self-Employment Income

(1) Treatment of self-employment income

(2) Determining self-employment income

(3) Self-employment costs

11.5 Unearned Income

11.6 Income Exclusions

11.7 Educational Assistance

11.8 Federal Law Income Exclusions

Chapter 12 Income Deductions

12.1 Income Deductions/General

12.2 Standard Deduction

12.3 Earned Income Deduction

12.4 Shelter Deduction

(1) Excess shelter deduction

(2) Averaging shelter expenses

(3) Allowed shelter expenses

(4) Disallowed shelter costs

12.5 Utility Allowances

(1) Utility Allowances/ General

(2) Mandatory Utility Allowance (MUA)

(3) Basic Utility Allowance (BUA)

(4) Actual Utility Costs

(5) Multiple households/ multiple residences

12.6 Dependent Care Deduction

12.7 Child Support Deduction

12.8 Medical Deduction

(1) Non-recurring medical expenses

(2) Recurring Medical Expenses

Chapter 13 Determining Household Eligibility and Benefit Levels

13.1 Prospective Eligibility

13.2 Determining Household Eligibility

(1) Month of application

(2) Recertification

(3) Anticipated changes

(4) Changes in allotment levels

13.3 Determining Resources

13.4 Determining Income

(1) Anticipating income

(2) Income only in month received

(3) Income averaging

13.5 Determining Deductions

(1) Billed expenses

(2) Averaging expenses

(3) Anticipating expenses

(4) Conversion of deductions

(5) Energy Assistance Payments

13.6 Calculating Net income and Benefit Levels

(1) Net monthly income

(2) Eligibility

(3) Benefits

(4) Thrifty Food Plan (TFP) and Maximum SNAP Allotments

13.7 Destitute Households

13.8 Certification Periods

(1) Certification period length

(2) Shortening certification periods

13.9 Certification Notices to Households

(1) Initial applications

(2) Applications for recertification

Chapter 14 Determining Action on Households with Special Circumstances

14.1 Treatment of Income and Resources of Certain Non-Household Members

(1) Intentional Program violation (IPV), felony drug conviction, or fleeing felon disqualifications, and work requirement sanctions

(2) SSN disqualifications and Ineligible ABAWDs

(3) Ineligible non-citizen

(4) Reduction or termination of benefits within the certification period

14.2 Treatment of Income and Resources of Other Non-Household Members 179

14.3 Residents of Drug Addiction or Alcoholic (DAA) Treatment and Rehabilitation Programs

(1) DAA Eligibility for SNAP

(2) Authorized Representatives for SNAP participants in DAA

(3) Processing Provisions for DAA’s

(4) SNAP benefits on leaving the DAA

(5) DAA Center’s Responsibility

(6) DAA’s Misuse of Benefit

14.4 Residents of a Group Living Arrangement (GLA)

(1) GLA Eligibility for SNAP

(2) Authorized representatives for SNAP participants in GLA’s

(3) Processing Provisions for GLA’s

(4) SNAP benefits on leaving the GLA

(5) GLA’s Responsibility

(6) GLA’s Misuse of Benefits

14.5 Shelter for Battered Women and Children

14.6 Homeless SNAP Households

14.7 Prerelease Applicants for SNAP

14.8 Treatment of TANF Sanctions in SNAP

(1) Failure to comply

(2) Budgeting

(3) Length of SNAP failure to comply penalty

(4) Household responsibility

14.9 Participation of Deceased Individuals

14.10 Definition of Elderly or Disabled

14.11 Disqualification for Substantial Lottery or Gambling Winnings

(1) Regaining Eligibility

(2) Substantial Winnings

Chapter 15 Change Reporting Requirements

15.1 Household Responsibility to Report

15.2 Changes During the Application for Certification Process

15.3 Simplified Reporting Households

15.4 Interim Changes for Simplified Reporting Households

(1) Interim changes considered verified upon receipt

(2) Interim changes reported by the household that must be acted on

(3) Other interim changes reported by the household

15.5 Actions on Reported Changes

(1) Increase in benefits

(2) Decrease in benefits

15.6 Action on Interim Reporting Households

15.7 Unclear Information

15.8 Mass Changes

Chapter 16 Notice of Adverse Action

16.1 Use of Notice

16.2 Exemptions from Notice

16.3 Adequate Notice when the Household’s Address is Unknown

Chapter 17 Recertification of SNAP Households

17.1 Recertification Process

(1) Notice of Expiration (NOE)

(2) Recertification Application

17.2 Recertification Interview

17.3 Processing Applications for Recertifications

(1) Timely Recertification

(2) Untimely Recertification

(3) Late Recertification

17.4 Agency Failure to Provide an Opportunity to Participate at Recertification

17.5 Prorated Benefits at Recertification

Chapter 18 Fair Hearings

18.1 Fair Hearing Definition

18.2 Time Frames

18.3 Continuation of Benefits

(1) Timely request for a fair hearing

(2) Untimely request for a fair hearing

(3) Reducing or terminating continued benefits

18.4 Mass Changes

18.5 Responsibilities Regarding the Fair Hearing Process

(1) Responsibilities of the Agency’s Economic Services worker

(2) Responsibilities of the Economic Services Supervisor

(3) Responsibilities of the SNAP Household

18.6 Denial/Dismissal of Fair Hearing Requests

18.7 Fair Hearing Summary

18.8 Scheduling the Fair Hearing

18.9 Fair Hearing Procedures

(1) Fair Hearing Procedures for Regionalized Specialized Workload (RSW)

(2) Responsibilities of the hearing officer during a hearing

(3) Responsibilities of the Economic Services worker or Economic Services supervisor

(4) Responsibilities of the household

18.10 Telephone Fair Hearings

(1) Additional responsibilities of the hearing officer for a telephone hearing are as follows:

(2) Additional responsibilities of the Economic Services worker or Economic Services

(3) Additional responsibilities of the household for a telephone hearing

18.11 Evidence Applicable in a Fair Hearing

18.12 Fair Hearing Decision

(1) Fair Hearing Committee

(2) Notification

(3) Time Frames

(4) Motion for Reconsideration

(5) Implementation of Fair Hearing Decisions

18.13 Right to Appeal the Hearing Decision

Chapter 19 Federal Demonstration Projects

19.1 Definition of the South Carolina Combined Application Project (SCCAP) 220

19.2 Eligibility Determination for the South Carolina Combined Application Project (SCCAP)

19.3 Processing Households Eligible for the South Carolina Combined Application Project (SCCAP)

19.4 Exception to South Carolina Combined Application Project (SCCAP) Eligibility

19.5 SSA Procedures for the South Carolina Combined Application Project

(SCCAP)

19.6 Responsibility for South Carolina Combined Application Project (SCCAP) Households

19.7 SSI Denial…….……………………………………………………………………………………...210

19.8 Changes in South Carolina Combined Application Project (SCCAP) Households

(1) Regular SNAP household that becomes SCCAP “Y”

(2) SCCAP household reports a change in circumstances which would cause the case to be excluded from SCCAP

19.9 Recipient Claims for South Carolina Combined Application Project (SCCAP) Households

19.10 Definition of the Elderly Simplified Application Project (ESAP)

19.11 Eligibility for the Elderly Simplified Application Project (ESAP)

19.12 Processing Households Eligible for the Elderly Simplified Application Project (ESAP)

19.13 Determining Continued Eligibility for Elderly Simplified Application Project (ESAP) Households

19.14 Changes in Elderly Simplified Application Project (ESAP) Households ... 228

19.15 Recipient Claims for Elderly Simplified Application Project (ESAP) Households

Chapter 20 Disqualification for Intentional Program Violation (IPV)

20.1 Administrative Responsibility

20.2 Definition of Intentional Program Violation (IPV)

20.3 Methods of Determination of an Intentional Program Violation (IPV)

20.4 SNAP Disqualification for an Intentional Program Violation (IPV)

20.5 Intentional Program Violation (IPV) Disqualification Time Periods

20.6 Electronic Disqualified Recipient Subsystem (eDRS)

(1) Economic Services worker responsibilities in eDRS/NDQ

(2) Benefit Integrity Claims staff responsibilities in eDRS/NDQ

Chapter 21 Restoration of Lost Benefits

21.1 Entitlement

21.2 Errors Discovered by the Agency

21.3 Disputed Benefits

21.4 Computing the Amount to be Restored

21.5 Lost Benefits to Individuals Disqualified for Intentional Program Violation

(IPV)

21.6 Method of Restoration

21.7 Changes in Household Composition

21.8 Accounting Procedures

Chapter 22 Issuance

22.1 Method of Issuance

22.2 Types of Issuance

22.3 Agency Responsibilities for SNAP Issuance

(1) Application registration clerk responsibilities

(2) Economic Services worker responsibilities

(3) Economic Services supervisor responsibilities

(4) EBT Coordinator responsibilities

22.4 Authorizing EBT Issuances

(1) Authorization Schedule

(2) Availability of Benefits

(3) Card Activation

22.5 EBT Card Production

22.6 Non-receipt of EBT Cards

(1) Mailing of EBT cards

(2) Returned Mailed Cards

(3) Reporting Non-Receipt of EBT Card

(4) Unauthorized use of EBT card

22.7 Relocation of SNAP Households to Other States

22.8 Authorizing Replacements for Household Misfortunes

22.9 EBT Adjustments

Chapter 23 Claims Against Households

23.1 Definition of a Recipient Claim

23.2 Possible Recipient Claims

(1) Economic Services staff responsibilities for possible recipient claims

(2) Benefit Integrity Claims staff responsibilities for possible recipient claims

23.3 Classification of Recipient Claims

(1) Agency Error

(2) Inadvertent household error

(3) Intentional Program Violation

(4) Fraud

23.4 Liability for Recipient Claims

23.5 Recipient’s Right to a Fair Hearing on a Recipient Claim

23.6 Offset of Recipient Claims

23.7 Collection of Recipient Claims

23.8 Collection Action on Bankruptcy Cases

23.9 Delinquent Recipient Claims

23.10 EBT Client Integrity Project

Chapter 24 Program Performance Reporting System

24.1 General Scope and Purpose

24.2 Agency Responsibilities

24.3 Federal Monitoring

(1) Reviews of State Agency's Administration/Operation of SNAP

(2) Reviews of State Agency's Management Evaluation System

(3) Validation of State Agency error rates

(4) Assessment of Corrective Action

24.4 Record Retention

Chapter 25 Quality Control Reviews

25.1 Scope and Purpose

25.2 Sample of Cases

25.3 Quality Control (QC) Findings

25.4 SNAP Households’ Responsibility in the Quality Control (QC) Process

Chapter 26 Management Evaluation (ME) Reviews

26.1 Scope and Purpose

(1) Objectives

(2) Frequency of review

26.2 Review Coverage

26.3 Review Process

(1) Review procedures

(2) ME review plan

(3) Review methods

(4) Review worksheet

Chapter 27 Data Analysis and Evaluation

27.1 Data Management

(1) Analysis

(2) Evaluation

27.2 Identification of High Error Areas

Chapter 28 Corrective Action

28.1 Corrective Action Planning

28.2 State Corrective Action Plan

28.3 Local SNAP Office Corrective Action Plan

28.4 Monitoring and Evaluation

Chapter 29 Determination of State Agency Program Performance

29.1 Agency Program Performance

29.2 State Agency Error Rates

29.3 State Agency Liability for Error Rates

29.4 Resolution of Liabilities

Chapter 30 High Performance Bonuses

30.1 General Rule

30.2 Performance Measures

(1) Payment accuracy

(2) Negative error rate

(3) Program Access Index (PAI)

(4) Application processing timeliness

SNAP Tool Kit Appendix 1: SNAP Policy Manual Revisions Appendix 2: Chapter 10 Resource Eligibility Standards

Chapter 1 General Information 1 . 1 G E N E R A L P U R P O S E

The Supplemental Nutrition Assistance Program (SNAP) is designed to promote the general welfare and to safeguard the health and well-being of the Nation's population by raising the levels of nutrition among low-income households.

It permits low income households to obtain a more nutritious diet, through normal channels of trade, by increasing food purchasing power for all eligible households who apply for participation.

1 . 2 O P E R A T I O N O F S N A P

SNAP is operated under the provisions in the Food and Nutrition Act of 2008 (as amended). The eligibility of the Act is further developed in Title 7, Code of Federal Regulations, Parts 210 through 299. SNAP is administered by the Food and Nutrition Service (FNS) under the United States Department of Agriculture (USDA). The Secretary of Agriculture establishes uniform national standards of eligibility for participation. The address for the USDA, FNS Regional Office for Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee is:

Southeast Regional Office U.S. Department of Agriculture, Food and Nutrition Service 61 Forsyth Street S.W., Room 8T36 Atlanta, GA 30303-3427.

The South Carolina Department of Social Services (SCDSS) is responsible for the administration of SNAP within the State of South Carolina, including, but not limited to:

(1) Certification of applicant households;

(2) Issuance, control, and accountability of SNAP benefits;

(3) Developing and maintaining complaint procedures;

(4) Developing, conducting, and evaluating training;

(5) Conducting performance reporting reviews;

Chapter

(6) Keeping records necessary to determine whether the program is being conducted in compliance with these regulations; and

(7) Submitting accurate and timely financial and program reports;

The Agency must ensure that policy is applied fairly, equitably and consistently throughout the State.

The Agency has the authority in determining the amount of, and settling, adjusting, compromising or denying all or part of any claim which results from fraudulent or non-fraudulent over-issuances to participating households.

1 . 3 G E N E R A L T E R M S A N D C O N D I T I O N S

General terms and condition of SNAP are:

(1) SNAP benefits do not count as income to reduce benefits

The SNAP benefit allotment provided to any eligible household will not be considered income or resources for any purpose under any Federal, State, or local laws including, but not limited to, laws on taxation, welfare, and public assistance programs.

(2) No sales taxes on SNAP purchases

No local sales taxes or other taxes or fees, including but not limited to excise taxes, can be collected within the State on purchases made with SNAP benefits. Where the total value of eligible foods being bought by the recipient is larger than the amount of SNAP benefits being presented by the recipient, only the portion of the sale made in exchange for SNAP benefits must be exempt from taxation. Although a SNAP recipient may use a combination of cash and SNAP benefits in making a food purchase, only the dollar amount represented by SNAP benefits needs to be exempt from taxation.

(3) Disclosure

Use or disclosure of information obtained from SNAP applicant or recipient households will be restricted to:

A. Persons directly connected with the administration or enforcement of the provisions of the Food and Nutrition Act of 2008 (as amended), or regulations, other Federal assistance programs, federally-assisted State programs providing assistance on a means-tested basis to low income individuals, or general assistance programs which are subject to the joint application processing requirements.

B. Persons directly connected with the administration or enforcement of the programs which are required to participate in the State Income and Eligibility Verification System/State

Verification and Exchange System (IEVS/SVES) to the extent the SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs.

C. Persons directly connected with the verification of immigration status of non-citizens applying for SNAP benefits, through the Systematic Alien Verification for Entitlements (SAVE) Program to the extent the information is necessary to identify the individual for verification purposes.

D. Persons directly connected with the administration of the Child Support Program under part D, title IV of the Social Security Act in order to assist in the administration of that program, and employees of the Secretary of Health and Human Services as necessary to assist in establishing or verifying eligibility or benefits under titles II and XVI of the Social Security Act;

E. Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law;

F. Local, State, or Federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food and Nutrition Act of 2008 (as amended) or regulation. The written request must include the identity of the individual requesting the information and his authority to do so, violation being investigated, and the identity of the person on whom the information is requested; and

G. Local, State or Federal law enforcement officers, acting in official capacity, upon written request, for the purpose of obtaining the address, social security number, and, if available, photograph of any household member, if the member is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony, or is violating a condition of probation or parole imposed under a Federal or State law.

NOTE: The Agency will not require a household to present photographic identification as a condition of eligibility and must accept any document that reasonably establishes the applicant's identity.

The Agency will also provide information regarding a household member, upon the written request of a law enforcement officer acting in his or her official capacity, where such member has information necessary for the apprehension or investigation of another member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole. The Agency will disclose only such information as is necessary to comply with a specific written request of a law enforcement agency authorized by this paragraph.

H. Local educational agencies administering the National School Lunch Program established under the Richard B. Russell National School Lunch Act or the School Breakfast Program established under the Child Nutrition Act of 1966, for the purpose of directly certifying the eligibility of school-aged children for receipt of free meals under the School Lunch and School Breakfast programs based on their receipt of Supplemental Nutrition Assistance Program benefits.

Agency recipients of information released under this section must adequately protect the information against unauthorized disclosure to persons or for purposes not specified in this section.

In addition, information received through the IEVS must be protected from unauthorized disclosure as required by regulations established by the information provider.

If there is a written request by a responsible member of the household or the currently authorized representative, to review material and information contained in its case file, the material and information contained in the case file will be made available for inspection during normal business hours. However, the Agency may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household’s knowledge, or the nature or status of pending criminal prosecution.

(4) Information available to the public

Federal regulations, Federal procedures embodied in FNS notices and policy memos, State Plans of Operation, and corrective action plans will be available upon request for examination by members of the public during office hours at the Economic Services (ES) Policy Unit at SCDSS State Office, as well as at USDA FNS regional and national offices.

The SNAP Policy Manual will be available for examination upon request at each local county DSS as well as at the ES Policy Unit at SCDSS State Office and FNS Regional offices. The SNAP Policy Manual may also be accessed online.

(5) Records and reports

SCDSS will keep such records and submit such reports and other information as required by USDA

FNS.

(6) Retention of records

SCDSS will retain all SNAP records in an orderly fashion. For audit and review purposes, all information used to determine eligibility will be retained for a period of 3 years from the current certification period (four (4) years from the current date). The Agency will retain fiscal records and accountable documents for 3 years from the date of fiscal or administrative closure. Fiscal closure means that obligations for or against the Federal government have been liquidated. Administrative closure means that SCDSS has determined and documented that no further action to liquidate the obligation is appropriate. Fiscal records and accountable documents include, but are not limited to claims and documentation of lost benefits.

1 . 4 I N F O R M A T I O N A L A C T I V I T I E S

Program Informational Activities are those activities that convey information about SNAP, including household rights and responsibilities, through means such as publications, telephone hotlines, and face-to-face contacts. SCDSS will comply with the following minimum information requirements for applicants and recipients.

(1) Nutrition information

USDA FNS must encourage SCDSS to develop Nutrition Education Plans to inform applicant and participant households about the importance of a nutritious diet and the relationship between diet and health.

SCDSS will encourage program participants to participate in the Expanded Food and Nutrition Education Program (EFNEP) and, wherever practicable, allow EFNEP personnel to come into local county SNAP offices to distribute informational materials and speak with SNAP recipients.

(2) Rights and responsibilities

SCDSS will inform participant and applicant households of their SNAP rights and responsibilities.

All SNAP informational material will be available in languages other than English as required and will include a statement that SNAP is available to all without regard to race, color, sex, age, disability, religious creed, national origin or political belief.

The ES Worker must provide an overview of Civil Rights to applicants and recipients during the interview process. DSS Brochure 2416, Know Your Civil Rights, must be provided to clients upon request. This brochure should also be made available in the lobby of each local county office.

1 . 5 S N A P N O N D I S C R I M I N A T I O N C O M P L I A N C E

The Agency will not discriminate against any applicant or participant in any aspect of SNAP administration, including, but not limited to, the certification of households, the issuance of SNAP benefits, the conduct of fair hearings, or the conduct of any other SNAP service for reasons of age, race, color, sex, disability, religious creed, national origin, or political beliefs.

Individuals who believe that they have been subject to discrimination as specified in the paragraph above may file a written or oral complaint.

The ES worker may assist the individual in completing a DSS Form 2601, Civil Rights Discrimination Complaint Form. If a complainant makes allegations verbally and is unable or is reluctant to put the allegations in writing, the Agency employee to whom the allegations are made will document the complaint in writing, (i.e. send a detailed email to the Office of Civil Rights).

Every effort must be made by the individual accepting the complaint to have the complainant provide the information specified on the DSS Form 2601.

The DSS Form 2601, Civil Rights Discrimination Complaint Form will be forwarded to the Agency’s Division of Individual and Provider Rights (DIPR), Office of Civil Rights for investigation. DIPR will send the individual a letter to acknowledge receipt. The letter will also include the plan of action or, if necessary, a request for additional information.

Each local county office must display the DSS Poster 2660, Do You Need an Interpreter or Other Reasonanble Accomodations, the DSS Poster 2661, Interpretation Service Available, and the USDA FNS Form AD 475B, And Justice for All. To ensure that all SNAP applicants or recipients have access to nondiscrimination statutes and policies, complaint procedures and the rights of participants, the information must be provided within 10 days of the date of a request.

1 . 6 C O M P L A I N T P R O C E D U R E

The Agency, both State Office and local offices, will maintain a system for handling program complaints filed by participants, potential participants, or other concerned individuals or groups.

This will not include complaints alleging discrimination on the basis of race, sex, age, religious creed, national origin, political beliefs or disability; such complaints will be handled in accordance with Section 1.5 SNAP Nondiscrimination Compliance.

Complaints regarding such areas as processing standards and service to participants and potential participants will be handled under this complaint procedure. This procedure will not include complaints that can be pursued through a fair hearing (Section 18.1 Fair Hearing Definition).

The Agency will follow up on complaints, resolve complaints and take corrective action where warranted, and respond to the complainant on the Agency's disposition of the complaint.

The Agency will make information on the complaint system and how to file a complaint available to participants, potential participants and other interested persons. The Agency may make the information available through written materials, posters at certification offices or other appropriate means.

The Agency will maintain records of complaints received and their disposition, and will review records at least annually to assess whether patterns of problems may be present in local offices or throughout the State.

The results of this review will be provided to the State SNAP Management Evaluation (ME) Review Coordinator (Chapter 26 Management Evaluation (ME) Reviews) and State Corrective Action Coordinator for appropriate action, and for inclusion, if appropriate, in the State Corrective Action Plan (CAP) (Chapter 28 Corrective Action). This information will include the identification, if any, of potential or actual patterns of deficiencies in local offices or throughout the State, and any identification of causes of these problems. USDA FNS will monitor the Agency’s compliance with these requirements.

1 . 7 C O N F L I C T S O F I N T E R E S T

As Economic Services (ES) workers, it is important to be aware of situations in which a conflict of interest exist.

Economic Services workers should not take action on any case involving a person related to him/her or any case where a conflict of interest exist. This includes the worker’s own case and the cases of relatives, friends, co-workers, known associates and people in which the worker has a conflict of interest. If the Economic Services worker discovers a case while in South Carolina Office Scanning Application (SCOSA) or interview rotation that falls under this rule, the worker must notify his/her supervisor of the potential conflict of interest so that the appropriate action can be taken. To clarify, an Economic Services worker cannot take the following actions (please note that this list is not all inclusive):

o Accessing the case for any reason including to review it;

o Updating the address;

o Carcing the case to anyone;

o Making any change that affects the eligibility determination;

o Making case notes; and o Making collateral contacts.

An Economic Services worker is a worker in one of the following positions:

o Administrative o Case management o Certification/Eligibility o Employment & Training (E&T) o Workforce Consultant o Any other personnel who has access to any Economic Services system, database or web platform used in the determination of eligibility for public assistance programs.

Chapter 2 Household Concept 2 . 1 G E N E R A L H O U S E H O L D D E F I N I T I O N S

A SNAP household is composed of one of the following individuals or groups of individuals, unless otherwise specified in Section 2.2 Special Household Requirements:

(1) An individual living alone;

(2) An individual or group of individuals living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; or

(3) A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

Evaluate everyone living together to decide who must be included in the SNAP household.

The households which are specified below in Section 2.2(1) Special Household Requirements (required household combinations) must be considered as living together when utilizing the same power source and residing at the same address (regardless if there are multiple dwellings on the property).

2 . 2 S P E C I A L H O U S E H O L D R E Q U I R E M E N T S

Special household requirements for SNAP are:

(1) Required household combinations

The following individuals who live with others must be considered as customarily purchasing food and preparing meals with the others, even if they do not do so, and therefore must be included in the same household, unless otherwise specified:

(A) A person living with his/her spouse (including common-law and same sex);

NOTE: Common-law spouses must be part of the same household for SNAP eligibility purposes if the common-law marriage requirements were met prior to July 24, 2019. As of July 24, 2019, common-law marriages are not recognized in South Carolina due to the SC Supreme Court ruling to abolish any future common-law marriages in SC.

Chapter

NOTE: Same sex spouses must be part of the same household for SNAP eligibility purposes due to the US Supreme Court ruling in June 2015, which legalized same sex marriages in all 50 states.

(B) A person under 22 years of age who is living with his or her natural or adoptive parent(s) or step-parent(s); and

(C) A child (other than a foster child) under 18 years of age who lives with and is under the parental control of a household member other than his or her parent.

A child must be considered to be under parental control if he or she is financially or otherwise dependent on an adult member of the household. Likewise, an individual who is 18 years of age or under, and is under parental control of an adult relative who is receiving Temporary Assistance to Needy Families (TANF) benefits for the individual must be included in the same SNAP household with adult relative.

(2) Elderly and disabled persons

Notwithstanding the provisions of Section 2.1, General Household Definition, an otherwise eligible member of a household who is 60 years of age or older and is unable to purchase and prepare meals because he or she suffers from a disability considered permanent under the Social Security Act (See Section 5.1 Verification Prior to Certification, (5) Disability) or a non-disease-related, severe, permanent disability may be considered, together with his or her spouse (if living there), a separate household from the others with whom the individual lives. Separate household status under this provision must not be granted when the income of the others with whom the elderly disabled individual resides (excluding the income of the elderly and disabled individual and his or her spouse) exceeds 165 percent of the poverty level. The elderly and disabled individual (or his/her authorized representative (Section 3.5 Authorized Representatives), will be responsible for obtaining the cooperation of the individuals with whom he/she resides in providing the necessary income information about the others to the Agency for purposes of this section.

The gross income from members of the household that the elderly and disabled person lives with must not exceed 165 percent of poverty for the appropriate household size prior to determining eligibility for separate household under this provision.

Household size Gross monthly income (165 percent of poverty)

1 $1869 2 $2518 3 $3167 4 $3816 5 $4465 6 $5114 7 $5763 8 $6412

Each additional member + $649

(3) Boarders

Residents of a commercial boarding house, regardless of the number of residents, are not eligible to participate in SNAP. A commercial boarding house is an establishment, licensed or unlicensed, that offers meals and lodging for compensation with the intent of making a profit.

All other individuals or groups of individuals paying a reasonable amount for meals or meals and lodging must be considered boarders and are not eligible to participate in SNAP independently of the household providing the board. Boarders may participate, along with a spouse or children living with them, as members of the household providing the boarder services, only at the request of the household providing the boarder services.

An individual paying less than a reasonable amount for board must not be considered a boarder but must be considered, along with a spouse or children living with him or her, as a member of the household providing the board.

(A) For individuals whose board arrangement is for more than two meals per day, “reasonable compensation” must be an amount that equals or exceeds the SNAP allotment for the appropriate size of the boarder household.

(B) For individuals whose board arrangement is for two meals or less per day, “reasonable compensation” must be an amount that equals or exceeds two-thirds of the maximum SNAP allotment for the appropriate size of the boarder household.

Boarders must not be considered to be residents of an institution.

(4) Foster care individuals

Individuals (regardless of age) placed in the home of relatives or other individuals or families by the Agency’s foster care program must be considered to be boarders. They cannot participate in SNAP independently of the household providing the foster care services.

Such foster care individuals may participate, along with a spouse or children living with them, as members of the household providing the foster care services, only at the request of the household providing the foster care.

(5) Roomers

Individuals to whom a household furnishes lodging (but not meals) for compensation may participate as separate households. Persons described in 2.2 Special Household Requirements: (1) required household combinations must not be considered roomers.

(6) Live-in attendants

A live-in attendant may participate as a separate household. Persons described in 2.2 Special Household Requirements: (1) required household combinations must not be considered live-in attendants.

(7) Temporary Absence

A person who is temporarily absent from the SNAP household will be considered as living with the household. A person’s absence is temporary if all of the following are true:

• the person’s location is known;

• the person lived with the household before the absence;

• there is a definite plan for return; and

• the person is expected to return before the next certification period (annual, six month or tri-annual).

Exception: If the person leaves the SNAP household near the end of the certification period, “the absence is temporary” if the return date is expected to occur within 30-days of the new certification period.

Example: Certification period is January – June. The person temporarily leaves the home in June but is expected to return by July 31. Include the person in the SNAP household because the absence is temporary.

(8) Joint Physical Custody

If a child(ren) under joint physical custody spends an equal amount of time in each household, include the child(ren) in the household that applies first. If both households apply for or are receiving SNAP benefits, they both have to agree on which household to include the child(ren).

The child(ren) is/are not to be included in either household until both custodians agree on which household to include the child(ren).

When the child(ren) began to reside in the second home, that household may apply for benefits or report a change that the child(ren) currently resides in the household to have the child(ren) added.

2 . 3 I N E L I G I B L E H O U S E H O L D M E M B E R S

The following persons are not eligible to participate as separate households or as a member of any household:

(1) Ineligible non-citizens as specified in Section 7.3 Citizenship and Non-Citizen Status

(2) Ineligible students as specified in Section 7.4 Students;

(3) Individuals disqualified for noncompliance with the work requirements of Section 8.1 Work Requirements;

(4) Ineligible ABAWDs (Abled-Bodied Adults without Dependents) due to time limit as specified in Section 8.16 Countable Months.

(5) Individuals disqualified for failure to provide a SSN as specified in Section 7.2 Social Security Numbers (SSN’s);

(6) Individuals disqualified for an intentional program violation (IPV) as specified in Chapter 20 Disqualification for Intentional Program Violation (IPV);

(7) Individuals who are ineligible because of a drug-related felony conviction. A drug-related felony conviction is a conviction of any offense which is classified as a felony and which has as an element of the possession, use or distribution of a controlled substance.

Ineligibility under this provision is limited to convictions based on behavior which occurred after August 22, 1996. A guilty plea is the legal equivalent of a conviction after trial. Therefore, any individual who pleads guilty to a felony drug charge is ineligible to be included in the SNAP budget.

NOTE: An individual may be disqualified from participation in SNAP only for a conviction of a drug-related felony which he/she committed after August 22, 1996. The issue is the date of the offense not the date of the conviction.

Exception: Clients who provide verification of an expungement or a pardon of a felony drug conviction may be eligible to participate in SNAP.

(8) Individuals who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, or who are violating a condition of probation or parole. (See Section 7.5 Fleeing Felons and Probation/Parole Violators)

(9) Individuals who are disqualified due to failure without good cause to cooperate with TANF work requirement in Section 14.8 (1)(D) Treatment of TANF Sanctions in

SNAP.

(10) Residents of an institution, with some exceptions (see below). Individuals must be considered residents of an institution when the institution provides them with the majority of their meals (over 50 percent of three meals daily) as part of the institution's normal services.

Exceptions to this requirement include only the individuals listed below who can participate in SNAP and must be treated as separate households from the others with whom they reside, and are subject to the mandatory household combination requirements of 2.2 Special Household Requirements: (1) required household combinations, unless otherwise stated below:

(A) Individuals who are residents of federally subsidized housing for the elderly;

(B) Individuals who are narcotic addicts or alcoholics and reside at a facility or treatment center for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program. This includes the children but not the spouses of such persons who live with them at the treatment center or facility (See section 14.3 Residents of Drug Addiction or Alcoholic (DAA) Treatment and Rehabilitation Programs;

(C) Individuals who are disabled or blind and are residents of group living arrangements (See section 14.4 Residents of a Group Living Arrangement (GLA));

(D) Individual women or women with their children who are temporarily residing in a shelter for battered women and children (See section 14.5 Shelter for Battered Women and Children; and

(E) Individuals who are residents of public or private nonprofit shelters for homeless persons (See section 14.6 Homeless SNAP Households).

2 . 4 S T R I K E R S

Households with a striking member are not eligible to participate in SNAP, unless the household was eligible for benefits the day before the strike and is otherwise eligible at the time of application.

A striker must be anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.

Any employee affected by a lockout, however, must not be deemed to be a striker. Further, an individual who goes on strike but is exempt from work registration under Section 8.2 Exemptions from Work Requirements the day before the strike, other than those exempt solely on the grounds that they are employed, must not be deemed to be a striker. Also, persons such as truck drivers who cannot do their jobs because the strike has left them with nothing to deliver, and employees who are not part of the bargaining unit and do not want to cross the picket line for fear of personal injury or death, must not be deemed to be strikers.

Pre-strike eligibility must be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. Eligibility at the time of application must be determined by comparing the striking member's income before the strike to the striker's current income and adding the higher of the two to the current income of non-striking members during the month of application. If the household is eligible, the higher income figure must also be used in determining the household's benefits.

Chapter 3 Filing an Application

3 . 1 O P E R A T I O N O F S U P P L E M E N T A L N U T R I T I O N A S S I S T A N C E P R O G R A M ( S N A P ) O F F I C E S

The Agency must establish procedures for the operation of SNAP local county offices that best serve households in the State, including households with special needs, such as, but not limited to:

(1) Households with elderly or disabled members,

(2) Households in rural areas with…