[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR273.14]



[Page 746-749]

 

                          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 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. The NOE must contain the 

following:

    (A) The date the certification period expires;



[[Page 747]]



    (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 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) Interview. 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).

    (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. 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) 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.

    (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



[[Page 748]]



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 and benefits 

cannot be prorated.

    (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.

    (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).



[[Page 749]]



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.

    (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, as amended by Amdt. 388, 65 FR 

70210, Nov. 21, 2000]