[Code of Federal Regulations] [Title 7 Volume 4] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR273.14] [Page 722-726] TITLE 7--AGRICULTURE CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS--Table of Contents Sec. 273.14 Recertification. (a) General. No household may participate beyond the expiration of the certification period assigned in accordance with Sec. 273.10(f) without a determination of eligibility for a new period. The State agency must establish procedures for notifying households of expiration dates, providing application forms, scheduling interviews, and recertifying eligible households prior to [[Page 723]] the expiration of certification periods. Households must apply for recertification and comply with interview and verification requirements. (b) Recertification process. (1) Notice of expiration. (i) The State agency shall provide households certified for one month or certified in the second month of a two-month certification period a notice of expiration (NOE) at the time of certification. The State agency shall provide other households the NOE before the first day of the last month of the certification period, but not before the first day of the next- to-the-last month. Jointly processed PA and GA households need not receive a separate food stamp notice if they are recertified for food stamps at the same time as their PA or GA redetermination. (ii) Each State agency shall develop a NOE. A model form (Form FNS- 439) is available from FNS. The NOE must contain the following: (A) The date the certification period expires; (B) The date by which a household must submit an application for recertification in order to receive uninterrupted benefits; (C) The consequences of failure to apply for recertification in a timely manner; (D) Notice of the right to receive an application form upon request and to have it accepted as long as it contains a signature and a legible name and address; (E) Information on alternative submission methods available to households which cannot come into the certification office or do not have an authorized representative and how to exercise these options; (F) The address of the office where the application must be filed; (G) The household's right to request a fair hearing if the recertification is denied or if the household objects to the benefit issuance; (H) Notice that any household consisting only of Supplemental Security Income (SSI) applicants or recipients is entitled to apply for food stamp recertification at an office of the Social Security Administration; (I) Notice that failure to attend an interview may result in delay or denial of benefits; and (J) Notice that the household is responsible for rescheduling a missed interview and for providing required verification information. (iii) To expedite the recertification process, State agencies are encouraged to send a recertification form, an interview appointment letter, and a statement of needed verification required by Sec. 273.2(c)(5) with the NOE. (2) Application form. (i) The State agency shall provide each household with an application form to obtain all information needed to determine eligibility and benefits for a new certification period. The State agency may use either its regular application as defined in Sec. 273.2(b) or a special recertification form. The recertification form can only be used by households which are applying for recertification before the end of their current certification period. Recertification forms must be approved by FNS as required by Sec. 273.2(b)(3). Recertification forms used for joint food stamps/SSI processing must be approved by SSA in accordance with Sec. 273.2(k)(1)(i)(B). The recertification form must elicit from the household sufficient information regarding household composition, income and resources that, when added to information already contained in the casefile, will ensure an accurate determination of eligibility and benefits. The information required by Sec. 273.2(b)(1)(i),(b)(1)(ii), (b)(1)(iii), (b)(1)(iv) and (b)(1)(v) must be included on the recertification form. The information regarding the Income and Eligibility Verification System in Sec. 273.2(b)(2) may be provided on a separate form. A combined form for PA and GA households may be used in accordance with Sec. 273.2(j). Monthly reporting households shall be recertified as provided in Sec. 273.21(q). State agencies may use the same form for households required to report changes in circumstances and monthly reporting households. (ii) The State agency may request that the household bring the application form to the interview or return the form by a specified date (not less than 15 days after receipt of the form). (3) Interview. (i) As part of the recertification process, the State agency shall conduct a face-to-face interview [[Page 724]] with a member of each household. The face-to-face interview may be waived in accordance with Sec. 273.2(e). The State agency may also waive the face-to-face interview for a household that has no earned income if all of its members are elderly or disabled. The State agency has the option of conducting a telephone interview or a home visit for those households for whom the office interview is waived. However, a household that requests a face-to-face interview must be granted one. (ii) If a household receives PA/GA and will be recertified for food stamps more than once in a 12-month period, the State agency may choose to conduct a face-to-face interview with that household only once during that period. The face-to-face interview shall be conducted at the same time that the household receives a face-to-face interview for PA/GA purposes. At any other recertification during that year period, the State agency may interview the household by telephone, conduct a home visit, or recertify the household by mail. (iii) The State agency may schedule the interview prior to the application filing date, provided that the household's application is not denied at that time for failure to appear for the interview. The State agency shall schedule the interview on or after the date the application was filed if the interview has not been previously scheduled, or the household has failed to appear for any interviews scheduled prior to this time and has requested another interview. State agencies shall schedule interviews so that the household has at least 10 days after the interview in which to provide verification before the certification period expires. (4) Verification. Information provided by the household shall be verified in accordance with Sec. 273.2(f)(8)(i). The State agency shall provide the household a notice of required verification as provided in Sec. 273.2(c)(5) and notify the household of the date by which the verification requirements must be satisfied. The household must be allowed a minimum of 10 days to provide required verification information. Any household whose eligibility is not determined by the end of its current certification period due to the time period allowed for submitting any missing verification shall receive an opportunity to participate, if eligible, within 5 working days after the household submits the missing verification. (c) Timely application for recertification. (1) Households reporting required changes in circumstances that are certified for one month or certified in the second month of a two-month certification period shall have 15 days from the date the NOE is received to file a timely application for recertification. (2) Other households reporting required changes in circumstances that submit applications by the 15th day of the last month of the certification period shall be considered to have made a timely application for recertification. (3) For monthly reporting households, the filing deadline shall be either the 15th of the last month of the certification period or the normal date for filing a monthly report, at the State agency's option. The option chosen must be uniformly applied to the State agency's entire monthly reporting caseload. (4) For households consisting only of SSI applicants or recipients who apply for food stamp recertification at SSA offices in accordance with Sec. 273.2(k)(1), an application shall be considered filed for normal processing purposes when the signed application is received by the SSA. (d) Timely processing. (1) Households that were certified for one month or certified for two months in the second month of the certification period and have met all required application procedures shall be notified of their eligibility or ineligibility. Eligible households shall be provided an opportunity to receive benefits no later than 30 calendar days after the date the household received its last allotment. (2) Other households that have met all application requirements shall be notified of their eligibility or ineligibility by the end of their current certification period. In addition, the State agency shall provide households that are determined eligible an opportunity to participate by the household's normal issuance cycle in the month following the end of its current certification period. [[Page 725]] (e) Delayed processing. (1) Delays caused by the State agency. Households which have submitted an application for recertification in a timely manner but, due to State agency error, are not determined eligible in sufficient time to provide for issuance of benefits by the household's next normal issuance date shall receive an immediate opportunity to participate upon being determined eligible, and the allotment shall not be prorated. If the household was unable to participate for the month following the expiration of the certification period because of State agency error, the household is entitled to restored benefits. (2) Delays caused by the household. (i) If a household does not submit a new application by the end of the certification period, the State agency must close the case without further action. (ii) If a recertification form is submitted more than one month after the timely filing deadline, it shall be treated the same as an application for initial certification. In accordance with Sec. 273.10(a)(1)(ii), the household's benefits shall not be prorated unless there has been a break of more than one month in the household's certification. (iii) A household which submits an application by the filing deadline but does not appear for an interview scheduled after the application has been filed, or does not submit verification within the required timeframe, loses its right to uninterrupted benefits. The State agency has three options for handling such cases: (A) Send the household a denial notice as soon as the household either fails to appear for an interview or fails to submit verification information within the required timeframe. If the interview is completed, or the household provides the required verification information within 30 days of the date of application and is determined eligible, the household must be reinstated and receive benefits within 30 calendar days after the application was filed or within 10 days of the date the interview is completed or required verification information is provided, whichever is later. In no event shall a subsequent period's benefits be provided before the end of the current certification period. (B) Deny the household's recertification application at the end of the last month of the current certification period. The State agency may on a Statewide basis either require households to submit new applications to continue benefits or reinstate the households without requiring new applications if the households have been interviewed and have provided the required verification information within 30 days after the applications have been denied. (C) Deny the household's recertification request 30 days after application. The State agency may on a Statewide basis either require households to submit new applications to continue benefits or reinstate households without requiring new applications if such households have been interviewed and have provided the required verification within 30 days after the applications have been denied. (f) Expedited service. A State agency is not required to apply the expedited service provisions of Sec. 273.2(i) at recertification if the household applies for recertification before the end of its current certification period. [Amdt. 364, 61 FR 54318, Oct. 17, 1996] Effective Date Note: At 61 FR 54318, Oct. 17, 1996, Sec. 273.14(b)(2) was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Effective Date Note: By Amdt. 388, 65 FR 70210, Nov. 21, 2000, in Sec. 273.14, the second sentence of the introductory text of paragraph (b)(1)(ii) and paragraph (b)(1)(iii) were revised, paragraph (b)(2) was revised, paragraph (b)(3) was amended by revising paragraph (b)(3)(i), removing the second sentence of paragraph (b)(3)(ii) and revising paragraph (b)(3)(iii), paragraph (b)(4) was amended by adding the words ``and benefits cannot be prorated'' at the end of the paragraph and paragraph (e) was revised, effective Jan. 20, 2001. For the convenience of the user, the added and revised text is set forth as follows: Sec. 273.14 Recertification. * * * * * (b) * * * (1) * * * (iii) To expedite the recertification process, State agencies are encouraged to send a [[Page 726]] recertification form, an interview appointment letter that allows for either in-person or telephone interviews, and a statement of needed verification required by Sec. 273.2(c)(5) with the NOE. (2) Application. The State agency must develop an application to be used by households when applying for recertification. It may be the same as the initial application, a simplified version, a monthly reporting form, or other method such as annotating changes on the initial application form. A new household signature and date is required at the time of application for recertification. The recertification process can only be used for those households which apply for recertification prior to the end of their current certification period, except for delayed applications as specified in paragraph (e)(3) of this section. The process, at a minimum, must elicit from the household sufficient information that, when added to information already contained in the casefile, will ensure an accurate determination of eligibility and benefits. The State agency must notify the applicant of information which is specified in Sec. 273.2(b)(2), and provide the household with a notice of required verification as specified in Sec. 273.2(c)(5). (3) * * * (i) As part of the recertification process, the State agency must conduct a face-to-face interview with a member of the household or its authorized representative at least once every 12 months for households certified for 12 months or less. The provisions of Sec. 273.2(e) also apply to interviews for recertification. The State agency may choose not to interview the household at interim recertifications within the 12- month period. The requirement for a face-to-face interview once every 12 months may be waived in accordance with Sec. 273.2(e)(2). * * * * * (iii) State agencies shall schedule interviews so that the household has at least 10 days after the interview in which to provide verification before the certification period expires. If a household misses its scheduled interview, the State agency shall send the household a Notice of Missed Interview that may be combined with the notice of denial. If a household misses its scheduled interview and requests another interview, the State agency shall schedule a second interview. * * * * * (e) Delayed processing. (1) If an eligible household files an application before the end of the certification period but the recertification process cannot be completed within 30 days after the date of application because of State agency fault, the State agency must continue to process the case and provide a full month's allotment for the first month of the new certification period. The State agency shall determine cause for any delay in processing a recertification application in accordance with the provisions of Sec. 273.3(h)(1). (2) If a household files an application before the end of the certification period, but fails to take a required action, the State agency may deny the case at that time, at the end of the certification period, or at the end of 30 days. Notwithstanding the State's right to issue a denial prior to the end of the certification period, the household has 30 days after the end of the certification period to complete the process and have its application be treated as an application for recertification. If the household takes the required action before the end of the certification period, the State agency must reopen the case and provide a full month's benefits for the initial month of the new certification period. If the household takes the required action after the end of the certification period but within 30 days after the end of the certification period, the State agency shall reopen the case and provide benefits retroactive to the date the household takes the required action. The State agency shall determine cause for any delay in processing a recertification application in accordance with the provisions of Sec. 273.3(h)(1). (3) If a household files an application within 30 days after the end of the certification period, the application shall be considered an application for recertification; however, benefits must be prorated in accordance with Sec. 273.10(a). If a household's application for recertification is delayed beyond the first of the month of what would have been its new certification period through the fault of the State agency, the household's benefits for the new certification period shall be prorated based on the date of the new application, and the State agency shall provide restored benefits to the household back to the date the household's certification period should have begun had the State agency not erred and the household been able to apply timely. * * * * *