20080813-IR-470080278PRA Amends 470 IAC 6-0.5-1, 470 IAC 6-1-1, 470 IAC 6-2-13, 470 IAC 6-3-1, 470 IAC 6-4.1-1, 470 IAC 6-4.1-3, 470 IAC 6-4.1-4, 470 IAC 6-4.4-1, 470 IAC 6-5-1, 470 IAC 6-5-2, 470 IAC 6-5-3, and 470 IAC 6-6-...

TITLE 470 DIVISION OF FAMILY RESOURCES

Proposed Rule

LSA Document #08-278

DIGEST

Amends 470 IAC 6-0.5-1, 470 IAC 6-1-1, 470 IAC 6-2-13, 470 IAC 6-3-1, 470 IAC 6-4.1-1, 470 IAC 6-4.1-3, 470 IAC 6-4.1-4, 470 IAC 6-4.4-1, 470 IAC 6-5-1, 470 IAC 6-5-2, 470 IAC 6-5-3, and 470 IAC 6-6-3 and adds 470 IAC 6-4.1-6 to make numerous changes in the rules including the implementation of a 30 day food stamp application processing time, the acceptance of electronic signatures, and the clarification of the denial process for food stamp applications in accordance with federal regulations. Repeals 470 IAC 6-6-4. Effective 30 days after filing with the Publisher.

470 IAC 6-0.5-1; 470 IAC 6-1-1; 470 IAC 6-2-13; 470 IAC 6-3-1; 470 IAC 6-4.1-1; 470 IAC 6-4.1-3; 470 IAC 6-4.1-4; 470 IAC 6-4.1-6; 470 IAC 6-4.4-1; 470 IAC 6-5-1; 470 IAC 6-5-2; 470 IAC 6-5-3; 470 IAC 6-6-3; 470 IAC 6-6-4

SECTION 1. 470 IAC 6-0.5-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-0.5-1 Food stamp terms defined

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-1-1

Sec. 1. The following definitions apply throughout this article:

(1) "Assistance group" means those persons determined potentially eligible or eligible to receive benefits together.

(1) (2) "Certification period" means the period of time, in calendar months, for which a household is determined eligible for food stamps, including months during which the household's participation is suspended or prorated to zero (0).

(3) "Code of Federal Regulations" or "CFR" means the codification of the rules published in the Federal Register by the United States government.

(2) (4) "Contractor" means the:

(A) person;

(B) firm;

(C) corporation; or

(D) other entity;

that has a contract with the division pursuant to IC 4-13.4-7-8, to implement and operate an electronic benefits transfer (EBT) program.

(3) "County director" means the director of the county office appointed pursuant to IC 12-19-1-2.

(4) "County office" means the county office of family and children of the county where the recipient household resides.

(5) "Division" means the division of family and children resources established by IC 12-13-1-1.

(6) "EBT card" means a magnetic-stripe plastic card issued to a recipient which enables the recipient to purchase food items from a retailer through a point of sale (POS) terminal operated by the retailer and connected to a central computer maintained by the contractor for distribution of food stamp benefits to recipients.

(7) "Eligibility worker" means an employee of the division responsible for determining eligibility for food stamps.

(8) "Food and Nutrition Service" or "FNS" means the federal agency responsible for the overall administration of the food stamp program.

(9) "Interviewee" means:

(A) an applicant;

(B) a participating member of the assistance group; or

(C) an authorized representative.

(7) (10) "Nonassistance (NA) household" means all households other than public assistance (PA) households.

(8) (11) "Notification date" means the date on which a household is notified of any additional activity required of them or of changes in their eligibility or benefit level. This date may be established by the:

(A) personal delivery to the household; of a written notice or by the

(B) mailing date;

of a written notice.

(9) (12) "Prospective budgeting" means the computation of a household's food stamp allotment for an issuance month based on a reasonable anticipation of income and circumstances that will exist in the issuance month or months.

(10) (13) "Public assistance (PA) household" means a household in which all members have applied for or received cash assistance, including households not receiving cash benefits because the grant is less than ten dollars ($10) or recoupment is occurring.

(11) (14) "Recertification" means a certification pursuant to an application filed in a month where the household:

(A) is currently certified; or where the household

(B) was certified for the month prior to the month of application.

(12) (15) "Recipient" means a household that the division has determined, pursuant to 7 CFR 273, is eligible to receive food stamp benefits in a certification period.

(13) (16) "Retailer" means a store that:

(A) sells food items to consumers; and that

(B) has been authorized by the federal Food and Consumer Service FNS pursuant to 7 CFR 278 to participate in the food stamp program.

(14) (17) "Suspension" means the interruption of the participation of a certified household which that is categorically eligible but not eligible for a food stamp allotment.

(18) "Thrifty food plan" means the diet required to feed a family of four (4) persons consisting of a:

(A) man and woman twenty (20) years of age through fifty (50) years of age;

(B) child six (6) years of age through eight (8) years of age; and

(C) child nine (9) years of age through eleven (11) years of age;

determined in accordance with the Secretary of Agriculture's calculations. The cost of the diet shall be the basis for uniform allotments for all assistance groups regardless of their actual composition. In order to develop maximum food stamp allotments, the Secretary of Agriculture shall make assistance group size and other adjustments in the thrifty food plan taking into account economies of scale and other adjustments as required by law.

(19) "Verification" means the use of documentation or a contact with a third party to confirm the accuracy of statements or information.

(Division of Family Resources; 470 IAC 6-0.5-1; filed Apr 12, 1984, 8:24 a.m.: 7 IR 1502; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2662; errata, 10 IR 2741, filed Jun 1, 1989, 10:00 a.m.: 12 IR 1854; filed Oct 6, 1997, 5:25 p.m.: 21 IR 372; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 2. 470 IAC 6-1-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-1-1 Regular access authority to public welfare public assistance division personal information system

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 4-1-6-2; IC 12-13-7-6

Sec. 1. Regular Access Authority to the Indiana State Department of Public Welfare Public Assistance Division Personal Information System. Individuals have regular access authority to the information contained in the personal information systems established by the Public Assistance division, of the Indiana state department of public welfare, subject to the confidentiality requirements in 7 CFR 272.1(c).

(Division of Family Resources; Title 6, Ch 1, Reg 6-101; filed Nov 14, 1977, 9:01 a.m.: Rules and Regs. 1978, p. 757; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2663; errata, 10 IR 2741; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 3. 470 IAC 6-2-13 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-2-13 Certification periods

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 13. (a) The agency shall establish a certification period for a PA household such that temporary assistance to needy families (TANF) restudy and food stamp recertification may be accomplished at the same time, provided no loss of, or delay in receipt of, food stamp benefits occurs.

(b) The agency shall establish a certification period tailored to the income calculation for any NA household for which self-employment income is annualized, contractual income is annualized, or educational income is prorated over the period the educational income is intended to cover.

(c) (b) The agency shall establish a certification period of six (6) months for all households except those which consist of all members who are elderly or disabled according to the criteria as stated in 7 CFR 273.1(b)(2). Elderly or disabled households shall have a certification period of twelve (12) months.

(d) (c) When one (1) household moves into another household, residing at the same address, the agency shall shorten the certification period of the household with the longest certification in order to align the certification periods.

(Division of Family Resources; 470 IAC 6-2-13; filed Apr 12, 1984, 8:24 a.m.: 7 IR 1506; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2665; filed Jun 1, 1989, 10:00 a.m.: 12 IR 1856; filed May 17, 1993, 5:00 p.m.: 16 IR 2402; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Oct 20, 2003, 9:45 a.m.: 27 IR 871; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 4. 470 IAC 6-3-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-3-1 Application processing

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 1. (a) For households subject to thirty (30) day processing, if the household fails to appear for the interview appointment after having filed an application for food stamp benefits, and does not contact the county department on or before the thirtieth day after the date of application to reschedule the interview, the household shall be denied food stamp benefits based on this application.

(a) The application process includes the following:

(1) Filing and completing an application form.

(2) Being interviewed.

(3) Having certain information verified.

(b) The division will accept an application for food stamps signed with an electronic signature.

(c) Denial of an application must occur on or before the thirtieth calendar day after filing under the following conditions:

(1) A household is found ineligible.

(2) A household refuses to cooperate in the application process.

(3) A household misses the initial scheduled interview.

(d) If the household is denied under subsection (c), the household must file a new application to participate in the program and receive benefits.

(e) If a household misses the initial interview, the division shall send the household a "Notice of Missed Interview" (NOMI). If the household does not respond to the NOMI, then the division can deny the application. However, the division cannot deny the application prior to the thirtieth day following the date of the application.

(f) The division cannot deny an application prior to the thirtieth day following the date of application for failure to provide verification.

(g) In the case where verification is incomplete, the division must allow sufficient time for the applicant to provide missing verification. Sufficient time shall be at least ten (10) days from the date of the division's initial request for the particular verification that was missing.

(h) If the applicant takes the required action within sixty (60) days following the date of application, the division shall reopen the case without requiring a new application.

(i) If:

(1) there is a delay in the processing of an application; and

(2) the Division does not:

(A) determine a household's eligibility; and

(B) provide an opportunity to participate;

within thirty (30) days following the date the application was filed;

the division must first determine the cause of the delay as outlined in 7 CFR 273.2(h)(1).

(j) If the applicant was at fault for the delay in the initial thirty (30) day period and found to be eligible during the second thirty (30) day period, the division will prorate benefits from the date requested verifications are provided.

(b) (k) The household is considered to have failed to appear for the face-to-face interview appointment if the interviewee arrives more than fifteen (15) minutes after the scheduled time. The county office division shall schedule another appointment in this situation.

(c) The state agency shall send the household a notice of pending status on the thirtieth day after the application is filed if verification is lacking.

(d) (l) Households that:

(1) are certified on an expedited basis; and

(2) have postponed verifications;

shall be assigned a normal certification period if circumstances warrant a normal certification.

(e) (m) The state agency shall verify Supplemental Security Income (SSI) benefit payments through the:

(1) state data exchange (SDX); or the

(2) beneficiary data exchange (BENDEX).

Only if the verification cannot be obtained through one (1) of these sources shall verification be requested from the household.

(Division of Family Resources; 470 IAC 6-3-1; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2666; filed May 17, 1993, 5:00 p.m.: 16 IR 2403; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 5. 470 IAC 6-4.1-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-4.1-1 Shelter and medical deductions

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7

Sec. 1. (a) Allowable actual costs for utilities shall be the actual costs for include the following:

(1) Fuel for heating (2) or cooling, or both.

(3) Cooking fuel.

(4) (2) Electricity for purposes other than heating or cooling.

(5) (3) Water.

(6) (4) Sewer.

(7) (5) Garbage.

(8) (6) Trash collection fees.

(9) (7) Initial installation charges (not deposits).

(b) The state agency shall determine the household's shelter deduction in accordance with 7 CFR 273.9(d)(5)(ii) and the following procedures:

(1) Except as specified in subdivision (4), the state agency shall allow applicant and participating households the option of using:

(A) the actual cost of utilities; or

(B) a single standard utility allowance which that includes a heating or cooling component if the household incurs an out-of-pocket heating or cooling expense listed in 7 CFR 273.9(d)(6)(ii).

(2) Except as specified in subdivision (4), the state agency shall allow applicant and participating households the option of using:

(A) the actual cost of utilities; or

(B) a single standard utility allowance which that includes electricity, telephone, water, and sewer if the household is billed for electricity but does not qualify for the standard utility allowance in subdivision (1) and incurs costs for at least two (2) of the utilities listed in subsection (a).

(3) Households which that do not qualify for a standard utility allowance in subdivision (1) or (2) shall be entitled to claim a standard telephone allowance if the household incurs a telephone expense for basic service.

(4) Assistance groups that share utility expenses with other assistance groups or nonrecipients living in the same household shall not be allowed the standard utility allowance options specified in subdivisions (1) and (2).

(5) The standard utility allowances and the standard telephone allowance shall be:

(A) reviewed annually; and

(B) adjusted to reflect changes in the cost of utilities.

(c) Allowable medical deductions shall be those deductions as listed in 7 CFR 273.9(d)(3).

(c) (d) The state agency shall allow twenty-five forty cents ($0.25) ($0.40) per mile as a transportation cost to obtain medical treatment or services for individuals who are elderly or disabled as defined in 7 CFR 271.2 when actual costs cannot be verified.

(Division of Family Resources; 470 IAC 6-4.1-1; filed May 17, 1993, 5:00 p.m.: 16 IR 2403; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2854; filed Aug 1, 1996, 4:00 p.m.: 19 IR 3383; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 6. 470 IAC 6-4.1-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-4.1-3 Benefit calculation for households with special circumstances

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 3. Benefit calculation for households with special circumstances shall be completed according to 7 CFR 273.11 with the following exceptions:

(1) Households with self-employment income shall have the benefit level determined by using annualized income.

(2) When calculating the costs of producing self-employment, either the greater deduction, forty percent (40%) of the gross income, or actual verified expenses directly related to the production of income, is used.

(2) (3) Transportation costs necessary for self-employment shall be allowed at twenty-five forty cents ($0.25) ($0.40) per mile when actual costs cannot be verified.

(3) (4) Transportation costs which that:

(A) exceed that amount earmarked by the school; and which

(B) are related to school attendance;

shall be allowed at twenty-five forty cents ($0.25) ($0.40) per mile when actual costs cannot be verified.

(4) (5) Households which that have boarders shall be allowed, as a business cost, the actual documented cost of providing room and meals if the actual cost exceeds the appropriate thrifty food plan.

(Division of Family Resources; 470 IAC 6-4.1-3; filed May 17, 1993, 5:00 p.m.: 16 IR 2403; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 7. 470 IAC 6-4.1-4 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-4.1-4 Change reporting

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 4. (a) Households with a six (6) month certification period are only required to report when the monthly income exceeds one hundred thirty percent (130%) of the federal poverty level. Households must report changes in the gross income greater than one hundred thirty percent (130%) of the federal poverty level by the tenth day of the next month after the change occurs.

(b) Households with a twelve (12) month certification period must report changes as required in 7 CFR 273.12.

(c) Households with a six (6) month certification period may report any other changes that occur, and those changes will be processed after verification is provided.

(d) Neither The division nor the county office shall not pay postage for households to mail the change report form provided by the agency.

(e) All changes reported within the certification period necessary to determine eligibility shall be verified prior to implementing the changes.

(f) All reported changes which that result in an increase in benefits shall be reflected the month following the month the change is reported providing verification is provided timely.

(g) Households which that do not cooperate by providing requested verification or information, or both of reported changes necessary to determine eligibility shall be discontinued with advance notice.

(Division of Family Resources; 470 IAC 6-4.1-4; filed May 17, 1993, 5:00 p.m.: 16 IR 2404; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Oct 20, 2003, 9:45 a.m.: 27 IR 871; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 8. 470 IAC 6-4.1-6 IS ADDED TO READ AS FOLLOWS:

470 IAC 6-4.1-6 Allowable costs for utilities

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7

Sec. 6. The state agency shall allow the household the option of:

(1) budgeting actual utilities; or

(2) a standard utility allowance (SUA).

(Division of Family Resources; 470 IAC 6-4.1-6)

SECTION 9. 470 IAC 6-4.4-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-4.4-1 Claim establishment and collection

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 1. Claims shall be established and collected upon in accordance with 7 CFR 273.18 with the following exceptions:

(1) The state agency shall take action to establish a claim against any household that received an overissuance due to inadvertent household or administrative error for which three (3) years or less have elapsed between the month an overissuance occurred and the month the state agency discovered a specific case involving an overissuance.

(2) The state agency shall take action to establish a claim for an alleged intentional program violation (IPV) error for which six (6) years or less have elapsed between the month an overissuance occurred and the month the state agency discovered the overissuance.

(3) Collection on claims shall be terminated when all members of a household are deceased.

(4) (3) Collection on claims shall be terminated when all adult members of a household are deceased.

(Division of Family Resources; 470 IAC 6-4.4-1; filed May 17, 1993, 5:00 p.m.: 16 IR 2405; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 10. 470 IAC 6-5-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-5-1 Definitions

Authority: IC 12-13; IC 12-14-28-7

Affected: IC 12-13-7-2

Sec. 1. (a) The definitions in this section apply throughout this rule.

(b) "Primary wage earner" means the head of household as defined in 7 CFR 273.1(d)(2).

(c) "Casehead" or "head of household" means the person designated by the eligibility worker as casehead based on:

(1) the person being the most recently designated casehead in the certification in that county; or

(2) if this criteria applies to more than one (1) person, the most logical individual on the basis that the head of household will be responsible for ensuring compliance with eligibility requirements on behalf of all assistance unit members.

(b) "Community work experience program" or "CWEP" means the workfare component of the IMPACT program.

(d) (c) "IMPACT" means the Indiana manpower placement and comprehensive training program. This is the title of the employment and training program administered through the division. of family and children.

(e) (d) "Work registration" means registering a household member by the registrant, casehead, authorized representative, or responsible adult household member signing the work registration application for assistance form on his own behalf or another of all registrants in the household.

(f) "Community work experience program (CWEP)" means the workfare component of the IMPACT program.

(Division of Family Resources; 470 IAC 6-5-1; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2666; errata, 10 IR 2741; filed Mar 31, 1992, 5:00 p.m.: 15 IR 1385; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3077; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 11. 470 IAC 6-5-2 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-5-2 Work registration

Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-14-28-7

Affected: IC 12-13-7-6

Sec. 2. (a) At initial application for food stamp benefits, the eligibility worker will work register each assistance unit group member unless that member is exempt.

(b) Exemptions from work registration are limited to those found at 7 CFR §273.7(b)(1).

(c) A copy of the work:

(1) registration form; and a copy of the work

(2) registrant's responsibilities and rights;

will be provided to the casehead for each registrant after eligibility is established. interviewee.

(d) The casehead interviewee shall be responsible for informing all registered assistance unit members of their responsibilities and rights after the forms are mailed to the casehead.

(e) After initial application the eligibility worker will work register each assistance unit member who is a mandatory work registrant:

(1) once every twelve (12) months; or

(2) when reporting a change which directly or indirectly causes a previously exempt household member to lose his or her exemption status, unless exempt for another reason, the member (or casehead, authorized representative, or a responsible adult household member) must complete and return a work registration form within ten (10) days of being sent the form by the eligibility worker;

(3) when changes occur which do not require reporting but cause a previously work registration exempt member to lose exemption, registration shall be accomplished at the next recertification.

(f) (e) Work registration requirements shall be reviewed at each recertification point to determine the need for registration by assistance unit members.

(g) (f) There are no acceptable reasons for failure to work register after the assistance unit/authorized representative interviewee is notified of the requirement to do so, other than a subsequent occurrence which that rendered the individual exempt from registration.

(Division of Family Resources; 470 IAC 6-5-2; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2666; filed Jun 2, 1988, 8:35 a.m.: 11 IR 3552; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 12. 470 IAC 6-5-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-5-3 Employment and training

Authority: IC 12-13; IC 12-14-28-7

Affected: IC 12-13-7-2

Sec. 3. (a) The following are general provisions for employment and training:

(1) Persons will be placed in appropriate components as determined by the agency. Referral to the IMPACT program as a mandatory participant does not entitle that person to IMPACT services or placement in a component. Participation in any IMPACT component does not guarantee any individual placement in employment or a designated level of competency for employment.

(2) Individuals exempt from work registration may volunteer to participate in the IMPACT program.

(3) Mandatory work registrants who are exempt from participation in IMPACT may volunteer to participate in the IMPACT program subject to the following limitations:

(A) No volunteer will be guaranteed a placement in a component or special services.

(B) Voluntary participants will have the same component requirements as mandatory participants in IMPACT. Voluntary participants will not be disqualified from participation in the food stamp program if they fail to comply with IMPACT component requirements without good cause. However, a voluntary participant who fails to comply with the requirements of any component without good cause will not be given priority to participate in the future.

(4) Participants will be placed in IMPACT components until:

(A) employment/training goals are achieved;

(B) the activity is completed; or

(C) the individual:

(i) becomes exempt; or

(ii) leaves the food stamp program.

(5) The IMPACT program base of eligibles shall include all mandatory work registrants, less those who meet the IMPACT exemptions, adjusted downward by ten percent (10%) at the end of the federal fiscal year to account for short-term (less than thirty (30) days) food stamp program participants.

(6) Work registrants, unless otherwise exempt, will be required to participate in IMPACT.

(7) IMPACT participants will be reimbursed for the costs of supportive services including: determined to be necessary and directly related to participation in an IMPACT component up to a maximum level of reimbursement established by the state agency in the federally approved food stamp employment and training state plan developed on an annual basis.

(A) the costs of transportation at ten cents ($0.10) per mile or two dollars ($2) per day, whichever is higher; and

(B) the actual costs of other items or services, such as:

(i) shoes;

(ii) clothing;

(iii) uniforms;

(iv) equipment;

(v) health; or

(vi) personal needs.

The total costs of these supportive services may not exceed twenty-five dollars ($25) per month per participant. In addition, participants may be reimbursed for the actual monthly costs of dependent care, not to exceed one hundred seventy-five dollars ($175) per dependent two (2) years of age or older, or two hundred dollars ($200) per dependent under two (2) years of age. The reimbursable costs must be reasonably necessary and directly related to the IMPACT component.

(8) Provision of any IMPACT services shall be based on the availability of funding.

(b) The referral process to IMPACT shall be as follows:

(1) Each voluntary or mandatory work registrant shall be evaluated to determine exemption from referral to IMPACT.

(2) Mandatory work registrants shall be exempt from IMPACT if they meet the following conditions:

(A) The monthly cost of participation exceeds the reimbursement limits for supportive services identified in subsection (a)(7).

(B) The registrant does not have available transportation necessary to attend an assigned component.

(3) If not exempt from IMPACT, registrants shall be notified, in writing, of referral to IMPACT and the appointment scheduled for them to attend orientation. This information will be provided to registrants only after the assistance unit is determined eligible for the food stamp program.

(4) At the time of entry into each component, the IMPACT case manager shall be responsible for informing the registrant, in writing, of the following:

(A) The requirements of the component.

(B) What will constitute noncompliance.

(C) The sanction for noncompliance.

(c) The IMPACT program incorporates the employment and training program provisions identified in 7 CFR 273.7(f)(1), 7 CFR 273.7(e)(1), including the following:

(1) Employment services, including may include the following:

(A) Job search.

(B) Job placement.

(C) Job development.

(D) On-the-job training.

(E) Community work experience.

(F) Other work programs.

(2) Training activities, including may include the following:

(A) Job skills assessment.

(B) Adult basic education.

(C) High school completion.

(D) Vocational and other job skills training.

Training and education beyond high school is limited to twenty-four (24) months in duration.

(d) After notice of a requirement, a mandatory IMPACT participant shall be considered to have good cause for failure to comply with an employment and training component if the reason provided by the participant for failure to comply is any of the following:

(1) Illness or illness of another household member requiring the participant's presence. A physician's statement may be required if illness is given as the reason for failure to comply.

(2) A household emergency.

(3) The unavailability of transportation.

(4) The lack of adequate child care for children who have reached six (6) years of age but are under twelve (12) years of age.

(Division of Family Resources; 470 IAC 6-5-3; filed Jul 16, 1987, 2:00 p.m.: 10 IR 2667; filed Jun 2, 1988, 8:35 a.m.: 11 IR 3553; filed Mar 31, 1992, 5:00 p.m.: 15 IR 1386; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1819; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3078; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 13. 470 IAC 6-6-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 6-6-3 Notification of off-line storage of stale benefit accounts

Authority: IC 12-13-7-6; IC 12-13-14-2

Affected: IC 12-13-7-1; IC 12-13-14

Sec. 3. The county office division will notify recipient households of the time and procedure for storage offline of stale benefit accounts, as defined in 7 CFR 274.12(f)(7), and the procedure for reactivating stored accounts, as part of the required household training at the time the initial certification period is established and at time of recertification.

(Division of Family Resources; 470 IAC 6-6-3; filed Oct 6, 1997, 5:25 p.m.: 21 IR 373; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA)

SECTION 14. 470 IAC 6-6-4 IS REPEALED.

Posted: 08/13/2008 by Legislative Services Agency

DIN: 20080813-IR-470080278PRA

Composed: Nov 01,2016 12:28:36AM EDT

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