388.3 Eligibility.
(a) In order to be eligible to receive benefits in the food assistance
program, a person must:
(1)be otherwise fully eligible to receive
federal food stamp benefits except for the provisions of section 387.9(a) of this Title;
and
(2)on August 22, 1996, have been residing in
the same social services district in which the application for the food assistance program
is being made; and
(3)be:
(i)under 18 years of
age; or
(ii) elderly or
disabled as defined in section 387.1 of this Title.
Such person is not eligible for the food assistance program when that person either
attains 18 years of age or is no longer disabled; and
(4) Not have been absent from the United States
for more than a total of 90 days within the 12 month period immediately preceding the date
of application for the food assistance program; and
(5) apply to the United States Department of
Justice, Immigration and Naturalization Services for United States citizenship.
(i) If the applicant
for the food assistance program is eligible to apply for United States citizenship, such
application must be made no later than 30 days from the date of application for the food
assistance program.
(ii) If the applicant
for the food assistance program is not eligible to apply for United States citizenship on
the date of application for the food assistance program, such application for citizenship
must be made no later than 30 days after the person becomes eligible to apply for United
States citizenship.
(iii) An applicant for
or recipient of benefits under the food assistance program is exempt from complying with
the requirements of this paragraph if the applicant or recipient establishes that good
cause exists for failing to comply with the requirements. Good cause exists when:
(a) the applicant or recipient has a verifiable physical or mental condition which
prevents compliance; or
(b) the applicant's or recipient's failure to comply is directly attributable to social
services district error; or
(c) other extenuating circumstances, beyond the control of the applicant or recipient,
exist which prevent the applicant or recipient from being reasonably expected to comply.
The applicant or recipient is responsible for notifying the social services district of
the reasons for failing to comply and for furnishing evidence to support any claim of good
cause. The social services district must review the information and evidence provided and
make a determination of whether the information and evidence supports a finding of good
cause. The exemption should be granted for as long as good cause continues to exist.
However, good cause must be reviewed by the district at the time of recertification and
such exemption be extended if appropriate.