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verification to be provided, even if some additional verification is requested by
the state agency during the 10-day period.
Commenters should urge USDA to maintain the current practice, under which
the household must receive a full ten days to provide any specific piece of
verification (and longer if necessary if the household is attempting to cooperate
but needs more time to come up with the documents). In addition, current rules
at 7 C.F.R. § 273.2(g)(3) prohibit denying a household's application within the 30
days after a household has applied if the application cannot be processed
because some needed information is missing and the household is trying to
secure the information. The proposed rules omit this protection, too. The
current regulation was written in the 1970s and retained in the 1980s and 1990s
to curb what had been the widespread practice of automatically denying
applicants after ten days regardless of whether they were trying to obtain
required verification.
Finally, the proposed rules deleted an important provision that gives households
a total of at least sixty days to submit necessary material without having to
complete a new application. Under current 7 C.F.R. § 273.2(h)(2)(A), a food
stamp office has two choices when a household's eligibility cannot be
determined, despite the office's best efforts, by the end of the thirtieth day after
application. One option is to hold the application pending for up to sixty days.
The other is to send the household a notice of denial but to inform the household
that its application will be reactivated if the household takes the required actions
within thirty additional days. In either case, the household has a total of at least
sixty days to submit the necessary material within 30 days of that date without
having to complete a new application. (If the delay was the fault of the
household, benefits are retroactive only to the date when the household
provided the information.)
USDA's proposed regulations repeal this requirement that denied applications
be reopened. Where a food stamp office has not chosen to hold an application
pending, it appears that USDA intends to require low-income households to
submit a new application and restart the application process even though they
have produced the verification necessary to determine their eligibility.
Commenters should urge USDA to retain the requirement that a denied
application be reopened where the remaining information needed to complete
the application is submitted within the additional 30 day period. The proposed
change is unjustified and likely will cause some eligible households to become
discouraged and abandon their efforts to obtain food stamps. Other households'
reapplications will be delayed, causing them to lose eligibility for food stamps for
the period until they reapply.
These proposed changes in the rules could pose particular problems for
immigrants, who are often faced with highly technical verification requirements
15
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"ocrText": "PPI Intern1 feb29fsregs_immig.doc\nPage 15\nverification to be provided, even if some additional verification is requested by\nthe state agency during the 10-day period.\nCommenters should urge USDA to maintain the current practice, under which\nthe household must receive a full ten days to provide any specific piece of\nverification (and longer if necessary if the household is attempting to cooperate\nbut needs more time to come up with the documents). In addition, current rules\nat 7 C.F.R. § 273.2(g)(3) prohibit denying a household's application within the 30\ndays after a household has applied if the application cannot be processed\nbecause some needed information is missing and the household is trying to\nsecure the information. The proposed rules omit this protection, too. The\ncurrent regulation was written in the 1970s and retained in the 1980s and 1990s\nto curb what had been the widespread practice of automatically denying\napplicants after ten days regardless of whether they were trying to obtain\nrequired verification.\nFinally, the proposed rules deleted an important provision that gives households\na total of at least sixty days to submit necessary material without having to\ncomplete a new application. Under current 7 C.F.R. § 273.2(h)(2)(A), a food\nstamp office has two choices when a household's eligibility cannot be\ndetermined, despite the office's best efforts, by the end of the thirtieth day after\napplication. One option is to hold the application pending for up to sixty days.\nThe other is to send the household a notice of denial but to inform the household\nthat its application will be reactivated if the household takes the required actions\nwithin thirty additional days. In either case, the household has a total of at least\nsixty days to submit the necessary material within 30 days of that date without\nhaving to complete a new application. (If the delay was the fault of the\nhousehold, benefits are retroactive only to the date when the household\nprovided the information.)\nUSDA's proposed regulations repeal this requirement that denied applications\nbe reopened. Where a food stamp office has not chosen to hold an application\npending, it appears that USDA intends to require low-income households to\nsubmit a new application and restart the application process even though they\nhave produced the verification necessary to determine their eligibility.\nCommenters should urge USDA to retain the requirement that a denied\napplication be reopened where the remaining information needed to complete\nthe application is submitted within the additional 30 day period. The proposed\nchange is unjustified and likely will cause some eligible households to become\ndiscouraged and abandon their efforts to obtain food stamps. Other households'\nreapplications will be delayed, causing them to lose eligibility for food stamps for\nthe period until they reapply.\nThese proposed changes in the rules could pose particular problems for\nimmigrants, who are often faced with highly technical verification requirements\n15"
}