(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
(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.
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