12.1.1 COVID-19 Virus and the National State of Emergency

A. Prior to the implementation of any new procedure under this regulation, the Director of the Department of Human Services has received Federal waivers and/or approval, as required, from the U.S. Department of Agriculture, Food and Nutrition Service (USDA FNS), which provides funding and oversight for this program. The Director has also considered any guidance by these Federal agencies, when available, when implementing these new procedures.

B. The approved provisions, as reflected in this regulation, shall remain in effect until withdrawn, modified, or otherwise terminated by USDA FNS.

12.2.1 Provisions for Impacted Students

A, Due to COVID-19, the Consolidated Appropriations Act, 2021 (herein referred to as the Act) authorizes the DHS to temporarily allow for students who do not meet the work requirement criteria to be eligible for SNAP if:

1. they are eligible for, but not required to participate in, a State or Federally financed work-study during the regular school year; or

2. they are enrolled at least half-time in an institution of higher education and have an expected family contribution (EFC) of zero dollars ($0) in the current academic year as determined in accordance with Part F of Title IV of the Higher Education Act of 1965.

B. The Act further provides that these temporary student eligibility standards remain in effect until:

1. thirty (30) days after the COVID-19 public health emergency is lifted for initial SNAP applications; and

2. the first recertification of a household beginning no earlier than thirty (30) days after the COVID-19 public health emergency is lifted.

12.3.1 Pandemic Unemployment Compensation Exclusion from Income

In addition to the types of income which are excluded for SNAP purposes specified in the Food and Nutrition Act of 2008 (as amended through Pub. Law 116-94), Federal pandemic unemployment compensation payments authorized under Section 2104 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act; Pub. Law 116-136), shall not be counted as income in the month of receipt or in any of the nine (9) months following the month of receipt, when determining SNAP eligibility or SNAP benefit assistance amount. This exclusion of income was provided through this Act beginning on December 27, 2020.

12.4.1 Pandemic Unemployment Compensation Exclusion from Resources

Through the Act, Federal pandemic unemployment compensation payments authorized under Section 2104 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act; Pub. Law 116-136), shall not be counted as a resource in the month of receipt or in any of the following nine (9) months when determining SNAP eligibility or SNAP benefit assistance amount. This exclusion of resources was provided through this Act beginning on December 27, 2020.

12.5.1 Client Overissuance Claims

A. SNAP benefits overissued as a result of implementing increased benefit levels, as outlined in § 12.6.1 of this Part, must be excluded when calculating the amount of a claim against a household.

B. This exclusion will apply to any additional amount of benefits issued to a household from January 1, 2021, through June 30, 2021.

12.6.1 Value of SNAP Benefits

A. Under the Act, and as authorized by FNS during Covid-19, the DHS may utilize additional program flexibilities to deliver pandemic SNAP (P-SNAP) benefits to certified eligible households including, but not limited to, temporarily increasing the allowable monthly SNAP allotments for household size.

B. The Department temporarily increased the maximum SNAP allotment amounts to one hundred fifteen percent (115%) of the June 2020 value of the Thrifty Food Plan for each household size in each month of eligibility beginning January 1, 2021. This increase is in effect from January 1, 2021 through June 20, 2021.