MR #22.13: New Consolidated Notice Created- SNAP Work Rules (IL444- 5175)

Illinois Department of Human Services logo

07/19/2022

Summary

In an effort to help state agencies develop notices that fit the needs of their Supplemental Nutrition Assistance Program (SNAP) clients and comply with federal regulations, Food and Nutrition Service (FNS) has reviewed and evaluated notices that are used to explain SNAP work rules. FNS is now requiring states to use one consolidated notice to explain the SNAP Work Provisions, Work Requirement, SNAP Employment and Training (SNAP E & T) Program, Appeal Rights and the Nondiscrimination Statement.
The Bureau of Policy Development (BPD) has developed, SNAP Work Rules (IL444-5175) as the consolidated notice to be issued to nonexempt SNAP recipients who must comply with one or both work rules. Participation in SNAP E&T is voluntary. FNS has reviewed this notice which will replace the SNAP Registration Notice (IL444-2646) and the SNAP Work Requirement Fact Sheet (IL 444-3674).
To comply with an FNS Management Evaluation (ME) Review, the Family Community Resource Centers (FCRCs) are responsible for ensuring all procedures surrounding the use of the SNAP Work Rules are followed. When a SNAP household includes a member who does not qualify for a Work Provisions or Work Requirement exemption at initial application, redetermination (REDE), or when an exemption is lost during the certification period, the FCRC must follow the procedures below:
- Identify which person in the SNAP household is subject to a Work Provisions and Work Requirement work rule; and
- Complete and issue the correct pages of SNAP Work Rules (IL444-5175); and
- Provide an oral explanation to the SNAP household of the applicable work rule that applies to each nonexempt person; and
- Explain the other program information included with the notice.
SNAP Work Rules has 6 pages to cover the program information required to be in the notice. Page 1, provides an explanation of the notice and explains the two types of SNAP work rules. It also includes a section for the worker to enter the name of each person who is required to comply with a work rule. It also provides a summary of the voluntary SNAP E&T Program.
Pages 2 through 6 contain program information as follows:
- Page 2 - Work Provisions rules, Sanctions and Good Cause.
- Page 3 - Work Requirement rules and Good Cause.
- Page 4 - Voluntary SNAP E&T Program and Services.
- Page 5 - Illinois Department of Human Services (IDHS) Nondiscrimination Statement and Appeal Rights.
- Page 6 - United States Department of Agriculture (USDA) Nondiscrimination Statement
Until the Integrated Eligibility System (IES) is programmed, SNAP Work Rules will be made available in the Intranet Forms Library for staff access. Once programmed, the notice will be systematically generated out of IES based on the applicable work rule that the nonexempt person is required to comply with as a result of not having an exemption reason.
Pages 4, 5 and 6 are always issued along with a completed Page 1 and the applicable work rule page. If the nonexempt person must comply with both Work Provisions and the Work Requirement rules, the name is entered in both sections and the entire form (all 6 pages) must be issued. Only one SNAP Work Rules notice is issued to the SNAP household with the names of all nonexempt persons in the applicable work rule section.
The entire state continues to be waived from implementing the Work Requirement Time-Limited Benefits policy through 06/30/2023. References to the Work Requirement are made in this manual release to explain how the SNAP Work Rules notice is used when the policy is in effect. It is not necessary to complete Page 1 for a person who would otherwise be considered nonexempt from the Work Requirement since the policy is not in effect in any Illinois county.
Page 3, Work Requirement, should still be issued so that a SNAP household is aware of the policy and which members would be subject to meeting the work rule if the policy was in effect. When explaining the voluntary SNAP E&T program, ensure that the SNAP household understands that the nonexempt person has an opportunity to gain work skills that could potentially help them to become exempt or at least be meeting the work rule if the policy goes into effect.
Clarifies that participation in AmeriCorps does not automatically exempt a person from Work Provisions. The volunteer must be working 30 or more hours a week paid, unpaid, or paid in-kind (living stipend) or receiving weekly wages of 30 times the Federal minimum wage meet the Work Provision.
Add clarification on how the state aligned SNAP work requirements and TANF work and training requirements to help meet the TANF participation rate by implementing a Mini Simplified SNAP Program. A person receiving SNAP who is participating and complying with TANF work and training requirement is exempt from Work Provisions. A person receiving SNAP who fails to comply with TANF work and training cannot be sanctioned for Work Provisions if caring for a child under the age of 6.
This manual release includes the use of IL444 in the form number which identifies it as an Illinois Department of Human Services (IDHS) form. It also includes pages that update only the use of SNAP unit to SNAP household. A red arrow will not display for this change.
In an effort to help state agencies develop notices that fit the needs of their Supplemental Nutrition Assistance Program (SNAP) clients and comply with federal regulations, Food and Nutrition Service (FNS) has reviewed and evaluated notices that are used to explain SNAP work rules. FNS is now requiring one consolidated notice be used to explain the SNAP Work Provisions, Work Requirement, SNAP Employment and Training (SNAP E & T) Program, Appeal Rights and the Nondiscrimination Statement.
The Bureau of Policy Development (BPD) has developed, SNAP Work Rules (IL444- 5175) as the consolidated notice to be issued to nonexempt SNAP recipients who must comply with the work rules. FNS has reviewed and approved this notice.

SNAP Registration Notice (IL444-2646 and (IL444-3674)

SNAP Registration Notice (Form 2646) and the SNAP Work Requirement Fact Sheet (Form 3674) are obsolete. There forms are replaced by SNAP Work Rules (IL444-5175).

SNAP Work Rules (IL444-5175)

SNAP Work Rules has 6 pages to cover the program information required to be in the notice. Page 1, provides an explanation of the notice and explains the two types of SNAP work rules. It also includes a section to enter the name of each person who must comply with a work rule and provides a summary on the voluntary SNAP E&T Program.
Pages 2 through 6 contain program information as follows:
- Page 2 - Work Provision rules, Sanctions and Good Cause.
- Page 3 - Work Requirement rules and Good Cause.
- Page 4 - Voluntary SNAP E&T Program and Services.
- Page 5 - Illinois Department of Human Services (IDHS) Nondiscrimination Statement and Appeal Rights.
- Page 6 - United States Department of Agriculture (USDA) Nondiscrimination Statement.

System Changes

Until the Integrated Eligibility System (IES) has been programmed to generate the notice, SNAP Work Rules will be made available in the Intranet Forms Library for staff access. Once programmed, the SNAP Work Rules notice will be systematically generated out of IES based on the applicable work rule that the nonexempt person is required to comply with as a result of not meeting an exemption.

Family Community Resource Center Action to Take

To comply with an FNS Management Evaluation (ME) Review, the Family Community Resource Centers (FCRCs) are responsible for ensuring all procedures surrounding the use of the SNAP Work Rules are followed. When a SNAP household includes a member who does not qualify for a Work Provision or Work Requirement exemption at initial application, redetermination (REDE), or when an exemption is lost during the certification period, the FCRC must:

Identify which person in the SNAP household is nonexempt (PM 03-15-02) and is subject to the Work Provisions (PM 03-15-01) and Work Requirement (PM 03-25-01) work rules.
Check the box on Page 1 of the SNAP Work Rules, enter the name of the nonexempt person in the applicable work rule section and issue the appropriate pages.
1. If a nonexempt person is required to comply with:
  - Work Provisions Only, check the box and enter the name in that section, issue Page 1, Page 2 and Pages 4 through 6.
  - Work Provisions and Work Requirement, check both boxes and enter the name in both sections. Issue all 6 pages of the notice.
2. More than one name can be entered in each section so that only one consolidated notice is issued to the SNAP household.
3. The SNAP E&T Program, Appeal Rights and Nondiscrimination pages are always issued to the SNAP household regardless of which work rule requires compliance.
Upload a copy of the SNAP Work Rule to the Electronic Case Record (ECR).
Complete the IES screens to indicate that the person is nonexempt from Work Provisions or Work Requirement or both.
Review the Eligibility Summary Screen to determine if the appropriate exemption has been given.
Document in Case Comments which person in the SNAP household is nonexempt, an oral explanation was provided and the method of how the notice was given to the SNAP household. For REDEs only, under FNS waiver approval an interview may be waived if the FCRC has all mandatory verification to process the application. When the interview is waived, document in the Case Comments that the notice was mailed to the SNAP household due to a waived interview. Proper documentation is important to prevent ME findings and Accuracy Control Evaluation (ACE) and Quality Control (QC) error.

Provide an oral explanation to the SNAP household

FNS requires that an oral explanation be provided to the SNAP household of the applicable work rule that applies to nonexempt person and the consequences of failing to comply. After discussing the exemptions with the SNAP household and determining that a person does not meet an exemption, explain the work rule that the nonexempt person is required to comply with. Use the SNAP Work Rule notice as your guide to explaining the applicable sections.
SNAP recipients who are age 16 through 59 and do not meet an exemption in PM 03-15-02 must comply with the Work Provisions work rules in PM 03-15-02 and a subset of this population who are age 18 through 49 and did not meet a Work Provision exemption must meet the Work Requirement, unless one of the following additional exemptions are met.
- there is someone under the age of 18 in the SNAP household; or
- the person who would potentially be required to participate is pregnant.
  - Note: A person is not required to comply with the Work Requirement if they are exempt under the Work Provisions.

Work Provisions

A nonexempt person must comply with the Work Provisions to get benefits:
- Register for work by receipt of the SNAP Work Rules (IL444-5175), at the time of application and every 12 months thereafter; and
- Take a suitable job if offered; and
- Not voluntarily quit a job or reduce your work hours below 30 hours a week without a good reason; and
- Tell the FCRC about their job, rate of pay and the number of hours worked, if asked.
When a nonexempt person fails to comply with the Work Provisions without good cause, they may be sanctioned for:

3 months the first time;
another 3 months the second time; and
6 months for the third or more times.
The nonexempt person must follow the Work Provision work rules before they can get SNAP benefits again.

Work Requirement

If a nonexempt person fails to comply with the Work Requirement work rule, they can only get SNAP benefits for 3 months in a 3-year period. The current 3-year period began January 1, 2021 and ends December 31, 2023. However, the entire state is waived from implementing the policy through 06/30/2023.
If the policy was in effect, each full month that the nonexempt person receives SNAP and did not meet the Work Requirement without good cause would be counted toward the 3 month limit. Once 3 full months have been counted, the nonexempt person's eligibility for SNAP would be lost until January 2024.
The Work Requirement can be met each month by doing one or a combination of the following:
- Work at least 80 hours a month. Work can be for pay, for goods or services (for something other than money), unpaid, or as a volunteer;
- Participate in a work program at least 80 hours a month. A work program could be SNAP Employment and Training or another federal, state, or local work program;
- Participate in a combination of work and work program hours for a total of at least 80 hours a month;
- Participate in workfare for the number of hours assigned to each month (the number of hours will depend on the SNAP benefit amount).

Good Cause

Sometimes things happen that prevent a person from following the work rules like getting sick or lack of transportation to get to work. A nonexempt person may claim Good Cause for either work rule. If the nonexempt person has good cause for not complying the action to stop benefits will not be taken. The SNAP household must contact the FCRC to report that they have a good cause reason for not following the work rules

State Exempt from Work Requirement

The entire state continues to exempt from meeting the SNAP Work Requirement through 06/30/2023. References to the Work Requirement are made in this manual release to explain how the SNAP Work Rules notice is used when the policy is in effect. It is not necessary to complete Page 1 for a person who would otherwise be considered nonexempt from the Work Requirement since the policy is not in effect in any Illinois County.

However, Page 3, Work Requirement should still be issued so that SNAP household is aware of the policy and which members would be subject to meeting the work rule if the policy was in effect. When explaining the voluntary SNAP E&T program, ensure that the SNAP household understands that the nonexempt person can acquire training and work skills that could potentially help them become exempt or at least be meeting the work rule should the policy be implementing and not at risk of losing benefits.

Explain the other program information included with the notice

SNAP Employment and Training Program (SNAP E&T)

The SNAP Employment and Training Program is a voluntary program that provides opportunities for SNAP recipients, (except those receiving TANF Cash), to acquire work skills and find employment. The program also helps with work-related expenses for the first 30 days of a job. Volunteers in the program cannot be sanctioned.

Appeal Rights

A SNAP household who applies for or receives benefits has the right to appeal and receive a fair hearing (PM 01-07-00, WAG 01-07-07).

Nondiscrimination Statement

It is the policy of IDHS that all individuals requesting services from the Department shall be free from discrimination or harassment without regard to race, color, religion, sex (gender identity and sexual orientation), national origin, age disability or political beliefs.
Benefit applications or other IDHS forms should not be sent to the U.S. Department of Agriculture address. The USDA address is for civil rights complaints only and the nondiscrimination statement provides instructions on how to file a complaint.
As required by FNS, the protected class sex in the nondiscrimination statement is expanded to include gender identity and sexual orientation. Other forms and brochures will be updated to make this change shortly.

Miscellaneous Clarifications

AmeriCorps Volunteers

AmeriCorps volunteers working 30 or more hours a week paid, unpaid, or paid in-kind (living stipend) or receiving weekly wages of 30 times the Federal minimum wage meet the Work Provision exemption. Participation as a volunteer in AmeriCorps alone does not qualify a person for the exemption. The volunteer must be working a minimum of 30 hours per week or receiving weekly wages at least equal to 30 times the Federal minimum wage. This is not an exemption that meets special student eligibility requirements.

Mini-Simplified SNAP Program

This section was added for informational purposes only. It explains how the state aligned SNAP work requirements and TANF work and training to help meet the TANF participation rate. It is not a new SNAP program and does not requirement any action by the FCRC staff.
In February 2008, Illinois began operating a Mini Simplified SNAP, an option under the Welfare Reform Act and the Food Stamp Act, which allows what is currently referred to as SNAP work requirements to be aligned with TANF work and training requirements to help meet the TANF participation rate. This allows TANF work and training activities, such as Work Experience and Community Work to be acceptable activities in which TANF/SNAP households may have the value of their SNAP benefits combined with the value of their TANF benefits (PM 03-13-01-b) to help meet participation hours. If a TANF sanction is imposed (after reconciliation) for failure to comply with a TANF work and training activity, a SNAP sanction is also imposed (if the individual receives SNAP and fails to comply with the requirement). TANF/SNAP clients who meet an exemption in PM 03-13-02 are not required to participate in TANF work and training. However an exception applies to the TANF exemption, caring for a child under age 1 and the SNAP exemption, caring for a child under 6, the state chose not to align these two exemptions.
- Example: TANF policy exempts a person from the work and training requirements if they have a child under age 1. SNAP policy exempts from work rules if the child is under age 6.
- Ms. M has a child who is age 2 and is not complying with a TANF work and training work activity. For TANF she can be sanctioned. She is not sanctioned for SNAP because she has a child under age 6.
A person receiving SNAP who is participating and complying with the TANF work and training requirements is exempt from Work Provisions.