1. (1) The following options not otherwise found in Rule R986-100 have been adopted by the Department where allowed by the applicable federal law or regulation.

   1. (a) The Department holds hearings at the state level and not at the local level.
   2. (b) The Department does not offer a workfare program for Able Bodied Adults Without Dependents (ABAWDs).
   3. (c) An applicant must apply.

   4. (d) The Department uses the Simplified Standard Utility Allowance found in 7 USC 2014(e)(6)(C)(iii).

      1. (i) The Department has a mandatory standard utility allowance, which allows households in subsidized housing and households in shared living arrangements to receive the full appropriate utility allowance.

      2. (ii) The Department has three utility standards that are updated annually and are available upon request.

         1. (A) A customer is eligible for an appropriate utility allowance at the time of application. Eligibility for the appropriate allowance is re-determined at recertification or if a household moves to a different place of residence.
         2. (B) A customer may not use actual utility expenses.
   5. (e) The Department does not use photo ID cards; however, ID cards are available upon request to a homeless, disabled, and elderly customer so that the customer may use SNAP benefits at a participating restaurant.
   6. (f) The Department provides SNAP benefits through the use of an electronic benefit transfer system (EBT).
   7. (g) The Department counts diversion payments in the SNAP allotment calculation.

   8. (h) The Department uses Utah's TANF vehicle allowance rules in conjunction with the SNAP vehicle allowance regulations at 7 CFR 273.8.

      1. (i) The Department counts all of an ineligible alien's resources and all but a pro rata share of the ineligible alien's income and deductible expenses as provided in 7 CFR 273.11(c)(3)(ii)(A).
   9. (j) A customer may waive their right to an administrative disqualification hearing.

   10. (k) A customer may deduct actual, allowable expenses from self-employment, or may opt to deduct 40% of the gross income from self-employment to determine net income.

       1. (l) The Department aligns SNAP with FEP when counting educational assistance income, as provided in Subsection R986-200-235(3)(q).
   11. (m) The Department uses simplified reporting as provided in 7 CFR 273.12(a)(5).

   12. (n)(i) The Department operates a Simplified SNAP program (S-SNAP) authorized by 7 CFR 273.25.

       1. (ii) Under S-SNAP, a customer receiving both SNAP and FEP or FEPTP, must participate as required in Section R986-200-210.
       2. (iii) A customer found ineligible due to non-compliance under Section R986-200-212 will also be subject to the SNAP sanctions found in 7 CFR 273.7(f)(2) unless the customer meets an exemption under SNAP regulations.

   13. (o) Effective July 1, 2010, the Department will count the full income of an ineligible alien household member for both the gross and net income tests and for determining the level of benefits.

       1. (i) The deductible expenses of an ineligible alien household member will not be prorated and the full value of all assets will continue to be counted, including ineligible aliens who are unable or unwilling to provide documentation of their alien status.

       2. (ii) This subsection does not apply to the following ineligible aliens:

          1. (A) an alien who is lawfully admitted as a permanent resident;
          2. (B) an alien who is granted asylum under Section 208 of the INA, 8 USC Section 1158;
          3. (C) an alien who is admitted as a refugee under Section 207 of the INA, 8 USC Section 1157;
          4. (D) an alien who is paroled in accordance with Section 212(d)(5) of the INA, 8 USC Section 1182(d)(5);
          5. (E) an alien whose deportation or removal has been withheld in accordance with Section 241 of the INA, 8 USC Section 1231;
          6. (F) an alien who is aged, blind or disabled and is admitted for temporary or permanent residency under Section 245A of the INA, 8 USC Section 1255a; or
          7. (G) an alien who is a special agricultural worker admitted for temporary residence under Section 210 of the INA, 8 USC Section 1160.
       3. (iii) For an ineligible alien listed in Subsection R986-900-902(1)(o)(ii), a prorated share of the ineligible alien's income and expenses will be counted for purposes of applying the gross and net income tests and to determine the level of benefits, and the full amount of the ineligible alien's assets will count.

   14. (p) The Department allows the following exemptions from the Employment and Training (E and T) program for individuals who:

       1. (i) are Refugee Cash Assistance participants;
       2. (ii) are on a temporary layoff from their place of employment;
       3. (iii) live more than 35 miles from an employment center;
       4. (iv) lack child care, either because it is not available or the customer is not eligible for child care assistance;
       5. (v) are not appropriate for E and T as determined by a manager or designee;
       6. (vi) are age 47 through the month of their 60th birthday;
       7. (vii) are low functioning or have developmental disabilities, or are socially dysfunctional and who have obvious functional limitations that are a substantial handicap to employment;
       8. (viii) have current domestic violence issues;
       9. (ix) have limited language skills or speak a primary language other than English;
       10. (x) lack public or private transportation;
       11. (xi) are in the application or appeals process for SSI;
       12. (xii) have earned income, regardless of the amount earned;
       13. (xiii) have no fixed address;
       14. (xiv) are pregnant, regardless of trimester;
       15. (xv) are on probation or parole and are required to complete court-ordered activities such as work release or drug court; or
       16. (xvi) are participating in a program with a Department partner, such as case management by Vocational Rehabilitation, or are participating in a Title V or Choose to Work program.
   15. (q) Beginning July 1, 2012, individuals who meet the requirements of an exemption will not be allowed to receive services on a voluntary basis or receive a work reimbursement.

2. (2) The Department has been granted the following waivers from the Food and Nutrition Service.

   1. (a)(i) A household need only report changes in earned income if there is a change in source, the hourly rate or salary, or if there is a change in full-time or part-time status.

      1. (ii) A customer shall report any change in unearned income over $25 or a change in the source of unearned income.

   2. (b) The Department uses a combined notice of expiration and shortened recertification form.

      1. (i) Notice of expiration is required by 7 CFR 273.14(b).
      2. (ii) The recertification application is provided by 7 CFR 273.14(b).
   3. (c) The Department conducts the Family Nutrition Education Program for individuals even if they are otherwise ineligible for SNAP.
   4. (d) The Department may deduct overpayments that resulted from an IPV from a household's monthly entitlement.

   5. (e)(i) If an application was received before the 15th of the month and the customer has earned income, the certification period can be no longer than six months.

      1. (ii) The initial certification period may be as long as seven months if the application was received after the 15th of the month.

   6. (f)(i) A household which had its SNAP benefits terminated shall be reinstated during the calendar month following the month assistance was terminated without completing a new application if the reason for the termination is fully resolved. The reason for the termination does not matter.

      1. (ii) Assistance will be prorated to the date on which the customer reported that the disqualifying condition was resolved if verification is received within ten days of the report.
      2. (iii) Assistance is reinstated for the remaining months of the certification period and the certification period must not be changed.
   7. (g) If the Department cannot obtain proper documentary evidence from an employer, the Department may use Utah quarterly wage data as the primary verification of income when calculating overpayments.

   8. (h) The Department may hold disqualification hearings by telephone.

      1. (i) All initial interviews, and recertification interviews for households certified for 12 months or less, will have their initial or recertification interviews conducted by telephone, unless the household requests an in-person interview or the Department determines that an in-person interview is necessary to resolve issues that would be better facilitated face-to-face.

   9. (j)(i) The federal regulation requiring all interviews be scheduled for a specific date and time is waived for initial telephone interviews.

      1. (ii) Customers may call anytime Monday through Friday from 8 a.m. to 5 p.m., except for federal and state holidays, to complete the required initial interview.
      2. (iii) Households selected for the "Assessment of the Contributions of an Interview to the Supplemental Nutrition Assistance Program (SNAP) Eligibility and Benefits Determinations" study, also known as the No Interview Pilot, will be exempt from the interview requirement. Customer contact may be needed to complete the application or recertification process. This waiver shall be in place September 1, 2012 - November 30, 2013.

   10. (k)(i) To meet the student work exemption, a student enrolled in post-secondary education half-time or more must work an average of 20 hours per week.

       1. (ii) The work hours must be averaged over the 30 days immediately before the date of application or recertification.
       2. (l)(i) Certain Utah counties have been granted a waiver which exempts ABAWDs from the work requirements of Section 824 of PRWORA.
       3. (ii) The counties granted this waiver change each year based on Department of Labor statistics.
       4. (iii) A list of counties granted this waiver is available from the Department.

The Department administers SNAP in compliance with federal law with the following exceptions or clarifications.

KEY: public assistance, SNAP

Date of Last Change: September 27, 2022

Notice of Continuation: August 14, 2025

Authorizing, and Implemented or Interpreted Law: 35A-3-103