16 Del. Admin. Code § 9000-9094

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9094 - Definitions

7 CFR 271.2

"Able-bodied Adults Without Dependent Children (ABAWD)" - Individuals without children in their FSP household who must work and/or comply with certain work requirements for 20 hours a week in order to get food benefits.

"Adequate notice" - A written notice that includes:

A. A statement of the action the agency has taken or intends to take.

B. The reason for the intended action.

C. The household's right to request a fair hearing.

D. The name of the person to contact for additional information.

E. The availability of continued benefits.

F. The liability of the household for any over issuances received while awaiting a fair hearing if the hearing official's decision is adverse to the household.

"Administrative Terminal" - The EBT contractor system through which DHSS staff can obtain EBT card and account information.

"Alien Status Verification Index (ASVI)" - The automated database used by States to verify immigration statuses from the Immigration and Naturalization Service (INS).

"Allotment" - The total dollar value of food benefits a household receives each month.

"Application" - The form completed by a household member or authorized representative to apply for food benefits, cash assistance, child care or medical assistance programs.

"ASSIST" - Delaware's electronic application. The acronym stands for Application for Social Services and Internet Screening Tool.

"Authorized Representative" - An individual the household authorizes to act on behalf of the household in the application process, in obtaining food benefits, and in using the EBT card. This individual has access to the household's EBT benefit account. This individual can be a non-household member or a household member, like a spouse, who is a secondary cardholder.

"Benefit Status" - A code that indicates the status of the benefit in the Administrative Terminal.

"Boarders" - Individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals.

"Card Number" - The card number is on the front of the EBT card. The first six digits are the same for all of Delaware's cards. This number is called the Primary Account Number (PAN).

"Card Status" - An EBT card may be active or inactive. The card status for a replacement card can indicate stolen, lost, payee changed, name changed, damaged, undelivered, deactivated/cancelled or bad address.

"Categorically Eligible Household" - Any household where all members receive or are authorized to receive TANF/GA/RCA and/or SSI benefits, or the household income is at or under 200% of the FPL for their household size. The household is considered categorically eligible for food benefits. These households meet the resource test.

"Certification period" - The period of time in which a household is eligible to receive benefits.

"Claim" - The amount owed due to an over-issuance of food benefits.

"Date Available" - Benefits are available at 6:00 a.m. on the date specified in the Administrative Terminal. Regular monthly food benefits are available according to a seven day staggered schedule based on the case head's last name. Benefits start staggering on the fifth calendar day of each month.

"Date of Admission" - The date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.

"Date of Entry" - The date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.

"Deeming" - Using a portion of an ineligible household member's income or resources for the remaining household members.

"Destitute Households" - Migrant or seasonal farm worker households that have little or no income at the time of application and are in need of immediate food assistance.

"Disaster (for Assistance)" - A major disaster is any natural catastrophe such as a hurricane or drought, fire, flood, or explosion, which the President declares the severity and magnitude warrants disaster assistance.

"Drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program conducted by a private, nonprofit organization or institution, or a publicly operated community mental health center, licensed by DHSS.

"EBT Contractor Customer Support" - The Customer Support Unit receives phone calls from participants to check balances, report lost or stolen cards, report problems with a retailer, and request new PINs. The CSU number is 1-800-526-9099.

"Elderly [member] or [disabled] member with a disability" - A member of a household who:

A. Is 60 years of age or older[.]

B. Receives Supplemental Security Income (SSI) benefits under title XVI of the Social Security Act or disability or blindness payments under titles I, II, X, XIV, or XVI of the Social Security Act.

C. Receives federally or State-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under title XVI of the Social Security Act.

D. Receives federally or State-administered supplemental benefits under section 212(a) of Pub. L. 93-66.

E. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act.

F. Is a veteran with a service-connected or non-service-connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under title 38 of the United States Code.

G. Is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under title 38 of the United States Code.

H. Is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under title 38 of the United States Code.

I. Is a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under title 38 of the United States Code and has a disability considered permanent under section 221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them.

J. Receives an annuity payment under: section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under title XVI of the Social Security Act.

K. Is a recipient of interim assistance benefits pending the receipt of Supplemental Security Income, a recipient of disability related medical assistance under title XIX of the Social Security Act, or a recipient of disability-based State general assistance benefits provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the State agency which are at least as stringent as those used under title XVI of the Social Security Act (as set forth at 20 CFR part 416, subpart I, Determining Disability and Blindness as defined in Title XVI).

"Electronic Benefit Transfer (EBT)" - The method used for issuing and accessing FSP benefits through the use of a card similar to a debit card.

"Eligible foods" mean:

A. Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption.

B. Seeds and plants to grow foods for the personal consumption of eligible households.

C. Meals prepared and delivered by an authorized meal delivery service to households eligible to use EBT benefits to purchase delivered meals; or meals served by an authorized communal dining facility for the elderly, for SSI households or both, to households eligible to use EBT benefits for communal dining.

D. Meals prepared and served by a drug addiction or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and their children who live with them.

E. Meals prepared and served by a group living arrangement facility to residents who are blind or disabled as defined under Elderly member or member with a disability.

F. Meals prepared by and served by a shelter for battered women and children to its eligible residents.

G. Meals prepared for and served by an authorized public or private nonprofit establishment (e.g., soup kitchen, temporary shelter) that feeds homeless persons.

"Emergency (for Federal Assistance)" - An emergency is any occasion when the President determines that Federal assistance is needed to supplant State and local efforts to save lives, protect property, assure public health and safety, or to lessen the threat of a catastrophe.

"Expedited Service" - Food benefits must be available to the household no later than the seventh calendar day following the date an applicant files an application.

"Expunged Benefits" Benefits in client accounts not used for 365 days that are removed from the account forever.

"Filing Date" - The date DHSS receives the application form as long as the form contains the applicant's name and address, and the signature of a responsible household member or the household's representative, a signed Request for Assistance, or an application from ASSIST.

"FNS" - The Food and Nutrition Service of the U.S. Department of Agriculture.

"FNS Number" - A unique number assigned to retailers by FNS indicating that the retailer is eligible to accept FSP benefits.

"Group Living Arrangement" - A public or private nonprofit residential setting, certified by the State, which serves no more than sixteen residents. To be eligible for food benefits, a resident of such a group living arrangement must be blind or disabled as defined under Elderly member or member with a disability.

"Head of Household" - The individual who is an adult parent of children of any age selected by the household or the principal wage earner if selected by DHSS.

"Hold Amount" - When an EBT manual voucher transaction is used, the retailer obtains an authorization number from the EBT contractor. The EBT contractor puts a hold on the participant's food benefit account. Once an accept reason is assigned to the voucher, the hold amount is deducted from the participant's benefit balance and this field becomes blank.

"Homeless" - An individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

A. A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter).

B. A halfway house or similar institution that provides temporary residence for individuals who would otherwise reside in an institution.

C. A temporary accommodation for not more than 90 days in the residence of another individual.

D. A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places).

"Homeless Meal Provider" - A public or private nonprofit establishment (e.g., soup kitchens, temporary shelters) that feeds homeless persons.

"Ineligible Alien" - An undocumented alien or a documented alien who does not meet a qualified and eligible status.

"Intentional Program Violation (IPV)" - Occurs when an individual breaks a FSP rule and is found guilty by a court or an administrative disqualification hearing, or signs a waiver to be disqualified to avoid prosecution.

"Low-income Household" - A household whose annual income does not exceed 125% of the Office of Management and Budget poverty guidelines.

"Manual Entries" - If an EBT card or POS machine is damaged, the card number can be keyed manually to complete the transaction.

"Manual Voucher" - Retailers use paper vouchers when the EBT contractor system is not available. Retailers who are not eligible to have POS terminals also use these vouchers. A voucher has a unique number, which identifies the voucher. This field is completed only if the transaction displayed in the Administrative Terminal is an off-line voucher.

"Mass Changes" - Certain changes initiated by the State or Federal government, which may affect the entire caseload or significant portions of the caseload such as annual cost-of-living adjustments, shelter/dependent care deduction and periodic cost-of-living adjustments to RSDI and SSI benefits.

"Meal Delivery Service" - A service agencies contract with for the preparation and delivery of meals at low prices to elderly persons and persons with physical or mental disabilities who are unable to adequately prepare all of their meals. An example is Meals on Wheels.

"Minimum Benefit" - The minimum monthly amount of food benefits that eligible one- and two-person households receive.

"Notice of Expiration" - A notice sent to a household at the end of its certification period notifying a household of what it needs to do to continue to get benefits.

"Over-issuance" - The amount of benefits a household received that exceeded the amount the household was eligible to receive.

"PAN" - The Primary Account Number is the 16-digit number on the EBT card, also called the card number.

"PIN (Personal Identification Number)" - A four digit secret code that allows the user to access benefits when using the EBT card. No one can use the card but the participant as long as the participant does not give the PIN to anyone.

"PIN Info" - The Card Maintenance screen in the Administrative Terminal displays whether or not the household selected a PIN and the method of selection. Yes, means a household selected a PIN. Fails is the number of times the PIN entered has failed that day. Chg Count is the number of times the household changed the PIN. Method is how the household selected the PIN.

"Point-of-Sale (POS) Terminal" - The device a participant uses to make transactions at the stores. The POS machine reads the card and allows the participant to buy food with the food benefits.

"Prospective Budgeting" - The computation of a household's food benefit for an issuance month based on an estimate of income and circumstances which will exist in that month.

"Quality Control Review" - A review of a statistically valid sample of active and negative cases to determine the extent to which households are receiving the food benefit allotments to which they are entitled, and to determine the extent to which decisions to deny, suspend, or terminate cases are correct.

"Recertification" - A review conducted at the end of a person's certification period that requires an application, interview and verification of current circumstances.

"Residents of Institution" - An individual who resides in an institution where the institution provides him or her with the majority of his or her meals (over 50% of three meals daily) as part of the institution's normal services.

"Riverside Rule" - A rule that requires states to keep food benefits at the same level when a household's TANF/RCA benefits have been reduced or terminated due to the household's failure to perform an action required under the TANF/RCA program or fraud.

"Shelter for Battered Women and Children"- A public or private nonprofit residential facility that serves battered women and their children.

"Simplified FSP (SFSP)" - A program that permits a state to substitute certain FSP rules with TANF and RCA rules and procedures.

"Simplified Reporting" - The only reporting requirement for households is when their income exceeds the 130% FPL threshold for the household size established at the time of intake or recertification.

"Sponsored alien" - An alien for whom a person has executed an affidavit of support [INS Form I-864 or I-864A] on behalf of the alien according to section 213A of the INA.

"Sponsor" - A person who executed an affidavit(s) of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission into the United States as a permanent resident.

"Spouse" - Refers to either of two individuals:

1. Those defined as married to each other under applicable State law.

2. Those living together and representing themselves as married to relatives, friends, neighbors, or employers.

"Stale Benefits" - Benefits not used by a household within 60, 90 or 230 days.

"State Income and Eligibility Verification System (IEVS)" - A system of information acquisition and exchange for purposes of income and eligibility verification that meets the requirements of section 1137 of the Social Security Act, generally referred to as the IEVS.

"Supplemental Nutrition Assistance Program (SNAP)" - The Federal name for the former Food Stamp Program.

"Supplemental Security Income (SSI)" - A means-tested monthly cash payment made under the authority of the Social Security Act for individuals who are aged, blind or have a disability.

"Systematic Alien Verification for Entitlements (SAVE)" - The INS program whereby State agencies may verify the validity of documents provided by aliens applying for food benefits by obtaining information from a central data file.

"Thrifty Food Plan" - The diet required to feed a family of four persons consisting of a man and a woman 20 through 50, a child 6 through 8, and a child 9 through 11 years of age, determined in accordance with the USDA Secretary's calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition. In order to develop maximum food stamp allotments, the Secretary shall make household size and other adjustments in the Thrifty Food Plan taking into account economies of scale and other adjustments as required by law.

"Trafficking" - The buying or selling of food benefits for cash or consideration other than eligible food or the exchange of firearms, ammunition, explosives, or controlled substances.

"Under-issuance" - An amount of benefit that the household was entitled to receive that was less than the benefit the household actually received.

"Verification" - The use of third party information or documentation to establish the accuracy of statements on the application.

"Work for Your Welfare" - A work experience program in which participants work to earn their benefits.

16 Del. Admin. Code § 9000-9094

11 DE Reg. 1243 (03/01/08)
13 DE Reg. 1336 (04/01/10)
15 DE Reg. 1030 (01/01/12)