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Introduction

Food assistance in North Carolina is, as in many states, distributed and managed under a variety of unique state and local laws and regulations. These policies make North Carolina a unique example of how federal food distribution programs - as well as voluntary state funding of food distribution programs - are conducted, monitored, evaluated, and changed to meet the needs of residents.

Several state laws have influenced the eligibility and distribution of food assistance benefits. These include the exercise of state-specific restriction and other rules created by either the legislature or the administering body (“Current Legislation” and “Pending Legislation” below).

Overview of Food Assistance in North Carolina

North Carolina ranked 12th in the nation in 2011 for the highest food hardship rating - nearly 21.1 percent of the population had difficulty finding and affording enough food. The state has an average childhood food insecurity rate of nearly 1 in 4, and more than 80% of families with children who received food assistance didn't know where their next meal would come from in 2012 .

Emergency Food Assistance and Food Banks

According to the North Carolina Association of Feeding America Food Banks, almost 200,000 people in North Carolina receive emergency food assistance from a pantry, shelter, or soup kitchen every week. In 2011, NC's food banks distributed more than 121 million pounds of food and other grocery products, the equivalent of nearly 101 million meals, to about 2 million NC residents .

Federally Funded Food Programs

The USDA's Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, is conducted in the state through an agreement with the state government, and is referred to as Food and Nutrition Services (FNS). According to the NC Department of Health and Human Services, "Benefits may be used to purchase most foods at participating stores. They may not be used to purchase tobacco, pet food, paper products, soap products, or alcoholic beverages," and eligibility criteria set by both the state and USDA must be met before benefits can be received .

In 2012, more than 18 percent of North Carolinians received FNS assistance. More than 73 percent of those were families with children; 27 percent included family members who were elderly or disabled; and more than 40 percent were from families with working members. Of those applying for benefits in 2012, 81 percent were from families below the poverty line (currently $22,000 for a family of four). The average monthly benefit was around $121.00; this amounts to about $1.35 per person per meal.

Current Legislation Affecting Food Assistance in North Carolina

County-Administered DSS Offices

Unlike many other states, North Carolina operates its FNS assistance through the 100 county-level Departments of Social Services. As such, many individual decisions about eligibility and benefits are made at the county level, rather than through a central state-sponsored agency. According to USDA, "as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), a number of changes were made to both cash assistance and the Food Stamp Program, now known as the Supplemental Nutrition Assistance Program (SNAP). Along with mandatory changes in SNAP eligibility rules, States were given greater flexibility to administer their programs and meet their unique needs. One such provision allowed changes in the organizational structure of SNAP. Further, the Code of Federal Regulations also allows States to decentralize their administrative responsibilities associated with SNAP." North Carolina and nine other states chose to do so.

FNS Eligibility Restrictions in North Carolina

Restrictions on Convicted Felons

Felony laws: "An individual who both committed and was convicted under federal or State law on or after August 23 , 1996, of any offense classified as a felony by the law of the jurisdiction involved with an element of the possession, use, or distribution of a controlled substance, is permanently disqualified from FNS. In New Jersey anyone convicted of a drug related crime and sentenced to serve one year or more in prison is considered a drug felon for FNS purposes. This provision does not apply to an individual convicted of a controlled substance felony offense committed on or before August 22, 1996, nor to an individual convicted of a felony offense other than a controlled substance felony offense." "General Requirements

   An individual convicted of a Class H or I controlled substance felony committed on or after August 23, 1996, in North Carolina may reestablish eligibility for FNS benefits under the following conditions.
   1. The individual may be eligible for FNS benefits six months after release from custody or, if the individual was never committed to custody, six months after the date of conviction, provided there has been no additional controlled substance felony convictions within six months of the first conviction, and

2. The individual has successfully completed, or has continuously participated in, a required substance abuse treatment program as determined appropriate by the area mental health authority. If the area mental health authority determines treatment is appropriate and funds and programs are available, an individual eligible for FNS benefits because of this rule must undergo substance abuse treatment as a condition for receiving FNS benefits. The individual cannot be determined eligible to receive FNS benefits until notice of compliance is received from the area mental health authority.

       NOTE: Compliance with a substance abuse treatment program is waived for individuals who reside in counties that out-source their mental health services to agencies that require an assessment fee and/or whose mental health authority requires an assessment fee from participants. Verify an assessment fee is required prior to waiving the individual’s requirement to comply with a substance abuse treatment program.

3. If an individual is convicted of more than one Class H or Class I controlled substance felony over a period of time, the six-month disqualification rule still applies. There are no permanent disqualifications for repeat Class H or Class I substance felons in N.C. As long as the six-month period has elapsed and the individual has complied with all of the substance abuse requirements, eligibility may be established after six months. If a second conviction of a Class H or I controlled substance felony occurs during the six-month disqualification period, the individual is ineligible to receive FNS benefits until six months has elapsed from the most recent conviction."

NC Education Lottery Interceptions

       . The priority of DHHS programs for NCEL intercept collections is: Child Support, Medicaid (TPR), Food Assistance, AFDC/TANF, and Medicaid (Recipient overpayments).
       B. DHHS provides a file to NCEL each week. Each weekly file replaces the previous week’s file. It reflects EPICS latest claim balances and drops or adds claims depending on the current balance and selection criteria.
       C. NCEL provides a file to DHHS as money is intercepted. EPICS sends a notice, DSS-8234, to the debtor regarding the interception and the claim balance. The notice will advise the household of one of the following:
           1. The amount intercepted, applied, and that the claim is paid in full or,
           2. The amount intercepted, applied, and the remaining balance of the claim or,
           3. The amount intercepted, applied, and the amount to be refunded.
       D. The debtor does not have recourse for a hearing or appeal regarding NCEL interception.

Previous Page

References

Bibliography

FNS4NC website: http://fns4nc.org/

  Section on FNS in the News: http://fns4nc.org/fns-in-the-news/

NC DSS website: http://www.ncdhhs.gov/dss/foodstamp/index.htm NC Benefits website: http://www.benefits.gov/benefits/benefit-details/1389

USDA SNAP website: http://www.fns.usda.gov/snap

  Eligibility tool: http://www.fns.usda.gov/snap/applicant_recipients/eligibility.htm

News about NC food assistance fraud: NBC-17 website - http://www.wncn.com/

                             rule changes: WRAL - http://www.wral.com/news/local/story/7661134/
                             new costs, Aug. 2010 - http://www.thenewamerican.com/usnews/item/12325-food-stamp-rules-change-adds-$460-million-to-cost-in-fiscal-2010
                             eligibility: http://www.cbpp.org/cms/index.cfm?fa=view&id=1269

National Center for Children in Poverty, NC Profile: http://www.nccp.org/profiles/NC_profile_29.html

The Atlantic special report on US Food Stamps, July 2012: http://www.theatlantic.com/health/archive/2012/07/in-defense-of-food-stamps/260176/

Citizenship and Work Requirements:

Work Requirements

SNAP doesn’t do enough to encourage participants to get a job, and the program needs stronger work requirements.

   SNAP already has strict time-limits for unemployed workers. Able-bodied adults without dependents (ABAWDs) may only receive 3 months of SNAP benefits during any 3 year period, unless they are working in a qualifying job training program.
   About two-thirds of SNAP participants are children, elderly, or disabled, people for whom work requirements do not apply. Of all adult, nonelderly participants, 27.7% are employed and 24.5% are actively looking for work. [xviii]
   The SNAP benefit formula is structured to provide a strong work incentive – for every additional dollar a SNAP participant earns, their benefits decline by about 24 to 36 cents, not a full dollar, so participants have a strong incentive to find work, work longer hours, or seek better-paying employment. 

Citizenship Requirements

We need tougher enforcements on illegal immigrants using SNAP.

   Undocumented immigrants are ineligible for SNAP. Additionally, there is already a strict waiting period for documented immigrants. Documented adult immigrants (those with a greencard) are subject to a five-year waiting period before they are eligible for SNAP. 
   Noncitizens make up a very small portion of SNAP participants – only 4% of participants are noncitizens (documented immigrants or refugees). [xix] 

http://feedingamerica.org/how-we-fight-hunger/programs-and-services/public-assistance-programs/supplemental-nutrition-assistance-program/snap-myths-realities.aspx

Emelders (talk) 03:10, 11 February 2013 (UTC)emelders