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Reimbursement for job-related expenses not income for food stamp purposes.

Topic: Public Assistance, Decided by Judge Beaudrot 
Docket Number: ***** , Decision Date: 2014-05-05 
Attachment: Click here to download the decision. 

For purposes of determining food stamp eligibility, income does not include non-taxable per diem reimbursements for the expense of meals and lodging incurred in connection with employment.

Ambiguity in Food Stamp Manual regarding whether owner of LLC must report all business income as personal income.

Topic: Public Assistance, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2014-04-16 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) sought to administratively disqualify Respondent, a food stamp recipient, for committing two intentional program violations and to recoup an overissuance of $33,693.00 for the period of January 2009 through December 2012.  The first allegation is that Respondent committed an [..] Read More..

Knowledge of program requirement necessary for violation to be intentional.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-29 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not authorized to administratively disqualify Respondent from participation in the Temporary Assistance for Needy Families (TANF) program for using her benefits at a liquor store.  While such an expenditure is a violation of the TANF program, OIS failed [..] Read More..

On-base housing excluded from military family’s income when determining food stamp eligibility.

Topic: Public Assistance, Decided by Judge Beaudrot 
Docket Number: ******* , Decision Date: 2014-03-21 
Attachment: Click here to download the decision. 

Petitioner, an army enlistee, lives with his wife and child on a military base.  He receives free housing that is reported as a basic housing allowance for tax purposes; however, under the food stamp manual, in-kind benefits, which are not in the form of money [..] Read More..

Use of mailing address did not prove living arrangement in light of other evidence.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ******* , Decision Date: 2014-03-25 
Attachment: Click here to download the decision. 

The Department of Human Services, Office of the Inspector General (OIS), failed to prove by clear and convincing evidence that Respondent committed an intentional food stamp program violation.  OIS sought to prove that Respondent lived with the father of one of her children, yet did [..] Read More..

A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

Topic: Public Assistance, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-01-10 
Attachment: Click here to download the decision. 

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug [..] Read More..

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