10 Colo. Code Regs. § 2506-1-4.604

Current through Register Vol. 47, No. 22, November 25, 2024

Section 10 CCR 2506-1-4.604 - ACTION ON REPORTED CHANGES

Changes shall be acted on in accordance with the following guidelines:

A. General Requirements

Changes to a household's circumstances shall be acted on prospectively and processed within ten (10) calendar days from the date the change is reported. Changes reported by households shall be documented in the SNAP case record to indicate the change and the date that the change was reported. If the reported change causes a change to the household's allotment, a notice of action form shall be issued to inform the household of a new basis of issuance and/or a supplemental allotment. If a supplemental allotment is to be issued, the amount of the supplemental allotment shall be the difference between the allotment the household is eligible to receive, due to the reported change, and the allotment the household received for the current month. The household's total monthly allotment shall be increased for all subsequent months of the certification period that are affected by the change.

B. Changes Reported at Recertification and Periodic Report

The local office shall act on all changes reported by households filing a recertification or periodic report. When a household reports information during the certification period that it was not required to report, the local office shall document the information in the case record. If the information is not acted upon because it would cause a reduction in benefits, and it does not meet the criteria outlined in D below, the local office shall review the information at the time of the household's subsequent certification, or at the twelve (12) month periodic report for those households certified for twenty-four (24) months, to determine if the change should be acted upon when processing the recertification or periodic report.

C. Changes Resulting In an Increase

1. The local office shall act on any change reported by the household that will increase benefits. The increased allotment shall be made no later than the first allotment issued ten (10) or more calendar days after the change is reported. Any increase in benefits resulting from a change shall take effect the month following the month the change is considered reported. Therefore, if such a change is reported after the twentieth (20th) of a month, and it is not possible to adjust the following month's allotment before the household's next normal issuance day, a supplemental allotment (in addition to the previously authorized monthly allotment) must be issued within ten (10) calendar days from the date the change was reported. A supplemental allotment shall not be issued for the month in which the change occurred.

2. Changes that result in increased SNAP benefits for a household must be verified by the household within ten (10) calendar days from the date the change is reported. If the household fails to provide verification, benefits shall remain at the original level until verification is obtained. Changes that result in increased SNAP benefits for a household must be verified prior to adjusting the household's allotment.

D. Changes Resulting in Allotment Decreases

Changes that result in a decreased allotment shall be processed within ten (10) calendar days from the date the change is considered reported and made effective on the last day of the month in which the advance Notice of Adverse Action (NOAA) expires. The NOAA expires eleven (11) calendar days from the date it is issued or fifteen (15) calendar days for households participating in the address confidentiality program (ACP).

The county local office shall not act on changes during the certification period that would decrease benefits, unless:

1. The head of household requests that their case be closed;

2. The head of household requests that any member be removed;

3. An adult member requests to be removed from the case;

4. An adult member requests themselves and their children be removed from the case;

5. The agency has information about the household's circumstances considered verified upon receipt;

6. There has been a change in the household's public assistance grant;

7. The agency is acting on a mass change;

8. A household who has no gross income threshold or who is eligible to be certified with a gross income level up to two hundred percent (200%) FPL as applicable to the household size, which is initially certified with income below one hundred thirty percent (130%) FPL has a change in income that causes the household's combined gross monthly income during the certification period to exceed one hundred thirty percent (130%) FPL; or

9. The agency has received information from the Prisoner Verification System or the Deceased Matching System that a household member is no longer residing in the home and the household has failed to respond to the notice of match, provided insufficient evidence to the contrary, or has confirmed the match.

E. Changes Resulting in Ineligibility

Changes that result in the household becoming ineligible shall be processed within ten (10) calendar days from the date the change is considered reported unless the change does not require adverse action. Changes resulting in ineligibility shall be made effective on the last day of the month in which the Notice of Adverse Action expires.

F. Changes in Categorical Eligibility

When a household reports a change during the certification period that results in it no longer meeting the criteria of the categorical eligibility tier for which it was originally certified, the household's eligibility must be re-evaluated using the next appropriate category. If the reported change has not been verified, or is considered questionable, and it cannot be determined whether basic categorical eligibility, expanded categorical eligibility, or standard eligibility criteria should be used, a request for verification shall be initiated.

G. Changes in Household Composition

1. Changes in household composition shall be acted on prospectively for the following month when the local office is able to affect the change prior to the determination of the household's allotment for that month. Anticipated income, deductions and other financial and non-financial criteria of the new member shall be considered in the prospective determination. The anticipated income, deductions, and other financial and non-financial criteria of a removed member shall no longer be considered when determining the household's eligibility.

2. Individuals Disqualified During the Certification Period

When an individual is disqualified during the household's certification period, the local office shall determine the eligibility or ineligibility of the remaining household members based on information contained in the case record. If information in the case record is insufficient, additional information shall be obtained as needed.

a. If a household's benefits are reduced or terminated within the certification period because one or more of its members was disqualified for intentional program violation/fraud, the local office shall notify the remaining members of their eligibility and benefit level at the same time the disqualified member(s) is notified of his or her disqualification.

b. If a household's benefits are reduced or terminated within the certification period because one or more of its members is disqualified for being an ineligible noncitizen, noncompliance with a work requirement, or for failure or refusal to obtain or provide a Social Security Number, the local office shall send a Notice of Adverse Action which informs the household of the disqualification, the reason for the disqualification, the eligibility and benefit level of the remaining members, and the actions the disqualified member must take to end the disqualification.

H. Changes Reported During the Certification Period That the Household Is Not Required To Report

When a household reports information during the certification period that it was not required to report, the local office shall document the information in the case record. If the information is not acted upon because it would cause a reduction in a household's benefit allotment and it does not meet the criteria outlined in D above, the local office shall review the information at the time of the household's subsequent certification, or at the twelve (12) month periodic report for those households certified for twenty-four (24) months to determine if the change should be acted upon at that time.

4.604.1Verification of Reported Changes

Before action is taken on reported changes and to determine the effect on benefits, additional verification is required in the following instances:

A. Unclear Information

1. If the local office receives information about changes in a household's circumstances but cannot determine if or how the change will affect the household's benefits and the unclear information is:

a. Fewer than sixty (60) days old relative to the current month of participation; and

b. Was required to have been reported per simplified reporting rules; or

c. Appears to present significantly conflicting information about the household's circumstances from that used by the local office at the time of certification, including changes to the household's categorical eligibility tier, then:

The local office shall send a verification request notice requesting the household to provide the specific information or verification within ten (10) calendar days plus one (1) additional calendar day for mailing. Households participating in the Address Confidentiality Program (ACP) shall receive five (5) additional calendar days for mailing time. The local office shall assist the client in obtaining the verification if the household cannot obtain the information.

If the household fails or refuses to provide the verification or to request assistance with obtaining the verification within the ten (10) calendar days plus one (1) additional calendar day for mailing timeframe, or five (5) additional calendar days mailing time for ACP households, the process for closing the case shall be initiated. The Notice of Action Form shall advise the household that a change occurred that could not be acted upon, that the case is being closed, and that the household must provide the needed verification if it wishes to continue participation in the program. The household may be required to reapply if the household takes the required action after a break in benefits of more than thirty (30) calendar days.

2. If the information is more than sixty (60) days old relative to the current month of participation, was not required to be reported, or does not present significantly conflicting information from that used by the agency at the time of certification, the local office shall not act on this information or require the household to provide the information until the household's next recertification or periodic report.

3. Changes which result in increased SNAP benefits for a household shall be verified prior to adjusting the household's allotment. If the household fails to provide verification, benefits shall remain at the original level until verification is obtained.

B. Computer Matches Not Considered Verified Upon Receipt

When information is received from a Prisoner Verification System indicating an individual is currently being held in a federal, state, or local detention or correctional institution for more than thirty (30) days or information is received from a Deceased Matching System indicating a household member has recently died, a notice of match shall be sent to the affected household prior to taking action to adjust or terminate the household's benefits.

The notice of match shall explain what information is needed to challenge the match and the consequences of failing to respond. The notice shall provide the household with ten (10) calendar days plus one (1) additional calendar day for mailing time to respond. Households participating in the ACP shall be provided five (5) additional calendar days for mailing time.

If the household substantiates the match, fails to respond to the notice, or fails to provide sufficient verification to challenge the match results, the local office shall remove the subject individual from the SNAP household and adjust benefits accordingly following the procedures outlined in Section 4.604.

If the household provides sufficient verification that the match is invalid, no further action shall be taken to remove the subject individual or adjust the household's benefits. The case record shall be documented accordingly.

10 CCR 2506-1-4.604

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 21, November 10,2014, effective 12/1/2014

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 05, March 10, 2016, effective 4/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 15, August 10, 2016, effective 9/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 15, August 10, 2018, effective 9/1/2018

40 CR 23, December 10, 2017, effective 12/30/2018

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 17, September 10, 2019, effective 10/1/2019

42 CR 18, October 10, 2019, effective 10/1/2019

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 05, March 10, 2020, effective 2/7/2020

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 19, October 10, 2022, effective 10/1/2022

45 CR 19, October 10, 2022, effective 11/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

46 CR 17, September 10, 2023, effective 9/30/2023