(2) "Budget month" means the calendar month from which the department uses income, household composition, and other financial information concerning the household to calculate the household's food stamp allotment for the corresponding benefit month.

(3) "Benefit month" means the calendar month for which the department issues a food stamp allotment.

(4) "Prospective budgeting" means the determination of a household's composition, income, and deductible expenses on the best estimate of income and circumstances which will exist in the benefit month.

(a) during temporary emergency situations when the secretary of the U.S. department of agriculture determines that commercial channels of food distribution have been disrupted;

(b) for such period of time as the secretary determines necessary to effect an orderly transition in an area in which the distribution of federally-donated foods to households is being replaced by a food stamp program; or,

(c) on request of the department.

(2) No household shall participate in both the food stamp program and distribution of federally-donated foods under this rule.

(2) Households anticipating changes in their circumstances which will make them ineligible shall be given written notice of denial or written notice of the closure of their certification.

(2) Prospective budgeting means using the best estimate of income and other circumstances which will occur in a particular month to determine eligibility for that month and/or the amount of benefits for that month.

(3) Lease, royalty, and rental income which is received periodically but not on a monthly basis and which is expected to continue shall be determined based on the 12 month period immediately prior to the month of application. The projected income shall be prorated over the current 12 month period. Once a cycle of income proration is established, it shall remain in effect for one year. However, if any portion of the prior period's income is expected to stop in the current period, then this portion shall not be considered as income in the current period.

(1) Eligibility starts with the date a household applies for benefits. However, when a new member joins a participating household the eligibility of the new member will begin the month after the presence of the new member is reported. If the presence of the new member will result in increased benefits to the household, increased benefits cannot be issued for the month in which the new member is reported. However, increased benefits shall be issued:

(a) effective with the month after the new member is reported; and

(b) if the new member is reported after the 20th of the month and it is too late to include the new member in the next month's issuance then a supplemental benefit for the new member will be issued by the 10th day of the next month.

(1) Households who are eligible for benefits shall be given certification periods of from 6 to 12 months except:

(a) self-employed households may be certified for less than 6 months in order to conform with the time when information about self-employment is available; and

(b) households who do not have a fixed residence in the county may be certified for from 1 to 6 months.

(1) Participants in the food stamp employment and training program shall be reimbursed for costs of transportation or other costs that are reasonably necessary and directly related to participation in the program. The following reimbursement shall be provided to participants:

(a) Project work program:

(i) rates and types of reimbursement as found at ARM 46.25.731(6) .

(b) Job search project:

(i) transportation utilizing the least expensive means and not to exceed $10.00 per day at the rate of $.185 per mile when using a private automobile;

(ii) work clothing;

(iii) other costs not exceeding $15.00 per month may be spent to obtain necessary employment and training items such as school transcripts, birth certificates, driver's license and application fees;

(iv) reimbursements provided shall not exceed $25.00 per month per participant.

(1) Households which have knowingly transferred resources for less than fair market value for the purpose of qualifying or attempting to qualify for food stamps shall be disqualified from receiving food stamps for a period of time determined in accordance with (4) .

(a) This disqualification period shall apply only to transfers made in the 3-month period immediately preceding application or after the household is determined eligible for food stamps.

(b) There shall be no disqualification period if a transfer was made for a reason other than to qualify for food stamps, even if qualifying for food stamps was also one reason or the primary reason for the transfer.

(c) This transfer rule shall apply to transfers by any household member or by any ineligible alien or disqualified person whose resources are considered available to the household.

(2) Households applying for food stamps must provide to the department information regarding any resource which any household member or ineligible alien or disqualified person whose resources are considered available to the household has transferred within the 3-month period immediately preceding application. A household which has already been certified to receive food stamps must provide to the department information regarding any such transfer which occurs during their certification period.

(3) Eligibility for food stamps shall not be affected by the following transfers:

(a) transfers where fair market value or value near fair market value is received for the property;

(i) value within 5% of the fair market value shall be considered to be near fair market value;

(b) transfers which would not affect eligibility, including:

(i) transfers of excluded resources;

(ii) transfers of non-excluded resources that, when added to other non-excluded resources of the household, had a value at the time of transfer of less than the allowable resource limit; and

(iii) transfers between members of the household, including ineligible aliens or disqualified persons whose resources are considered available to the household.

(4) The length of the disqualification period shall be based on the amount by which the transferred resource, when added to the other non-excluded resources of the household, exceeds the allowable resource limit, in accordance with the following table:

Amount in Excess of                                                        Period of Disqualification

Resource Limit                                                                               (months)

$0 to 249.99 .........................................................................................1

$250 to 999.99 .....................................................................................3

$1,000 to 2,999.99 ..............................................................................6

$3,000 to 4,999.99 ..............................................................................9

$5,000 or more ...................................................................................12

(5) Any transfer for less than fair market value or a value near fair market value which is not exempted by (3) (b) (i) through (iii) and which is made within the 3-month period immediately preceding application or after a determination of eligibility has been made shall raise a rebuttable presumption that the transfer was made for the purpose of qualifying for food stamps; provided, however, that this presumption shall not apply if the food stamp applicant or recipient states a reason for the transfer other than to qualify or continue to qualify for food stamps and supports the statement with clear and convincing evidence.

(a) Whenever the department determines that such a transfer has occurred, it shall send a written notice to the applicant or recipient prior to making a determination of eligibility or ineligibility explaining the household's right to rebut the presumption.

(b) The household shall have 10 days from the date of mailing of the written notice required by (5) (a) to provide the department with clear and convincing evidence that the transfer was for a reason other than to qualify or attempt to qualify for food stamps.

(c) The determination of whether a disqualifying transfer has occurred shall be based on all facts and circumstances known to the department, including:

(i) the reason stated by the applicant or recipient for the transfer;

(ii) the household's attempts, if any, to transfer the property at or near fair market value and/or the reason the household accepted less than fair market value;

(iii) evidence that the household did receive an amount of compensation equal to or near fair market value;

(d) The presence of one or more of the following factors, while not necessarily conclusive, may indicate that the property was transferred for some purpose other than to qualify or continue to qualify for food stamps:

(i) the occurrence or onset of an unexpected event or condition after the transfer which necessitates application for food stamps;

(ii) the transfer was ordered by a court of law based upon statute, regulation, a bona fide condition of settlement or other legal requirement;

(iii) the transfer occurred as a result of fraud, misrepresentation, or coercion perpetrated upon the person who transferred the property, provided that person has taken all reasonable steps, including legal action, to recover such property or obtain fair compensation for it.

(e) If the household fails to rebut the presumption as required in (5) (b) , the household shall be disqualified for a period of time in accordance with (4) .

(6) If the department determines that a disqualifying transfer has occurred, it shall send a written notice to the household as follows:

(a) A household already receiving food stamps at the time the transfer is discovered shall be sent a notice of adverse action explaining the reason for the disqualification and its length. The disqualification shall be effective with the first allotment to be issued after the notice of adverse action period has expired, unless the household has requested continuation of benefits pending a fair hearing.

(b) An applicant household shall be sent a denial of eligibility explaining the reason for the denial and the length of the disqualification. The disqualification shall begin in the month of application.

(1) The Food Distribution Program on Indian Reservations (FDPIR) will operate on the following Indian reservations at their option:

(a) Blackfeet;

(b) Flathead;

(c) Northern Cheyenne;

(d) Crow;

(e) Rocky Boy;

(f) Fort Belknap; and

(g) Fort Peck.

(1) Households that meet program eligibility requirements may be certified to participate in FDPIR for up to 12 months. Households in which all adult members are elderly or disabled may be certified to participate in FDPIR for up to 24 months. Households cannot participate in FDPIR and the USDA Supplemental Nutrition Assistance Program (SNAP) in the same month.

(a) Assistance households that consist solely of members who are eligible for and receiving Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) shall be eligible to receive donated foods upon application for certification without further investigation other than to determine the number of household members and that all members have been considered in granting such aid.

(b) Non-assistance households means any household in which one or more members do not participate in a public assistance program. Eligibility of non-assistance households to participate in FDPIR is determined using 7 CFR § 253.6, 7 CFR § 253.7, as amended through November 25, 2022, and the Food and Nutrition Service (FNS) Handbook 501, updated June 2, 2022. Copies of 7 CFR § 253.6, 7 CFR § 253.7, and FNS Handbook 501 may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

(1) Applicant household eligibility and certification is determined according to 7 CFR § 253.6, 7 CFR § 253.7, as amended through November 25, 2022, and the FNS Handbook 501, updated June 2, 2022. Copies of 7 CFR § 253.6, 7 CFR § 253.7, and the FNS Handbook 501 may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

(2) Households not recertified at the end of the time period shall be terminated until reapplication and redetermination of eligibility is made.

(1) Forms may be obtained at the local county FDPIR offices and from the Department of Public Health and Human Services, Human and Community Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

(1) Income eligibility standards for participation in the FDPIR are determined according to FNS Handbook 501, Exhibit M for the contiguous United States. The department adopts and incorporates by reference FNS Handbook 501, Exhibit M FDPIR Net Monthly Income Standards based on household size revised May of 2022. Copies of the FNS Handbook 501, Exhibit M may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

This rule has been repealed.