ARC 8473C

ARC 8473C

Proposing rulemaking related to emergency food assistance program
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. Public hearings were held on the following date(s):

●November 6, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact HHS and advise of specific needs.

ITEM 1.Rescind 441—Chapter 66 and adopt the following new chapter in lieu thereof:

CHAPTER 66

EMERGENCY FOOD ASSISTANCE PROGRAM

441—66.1(234) Definitions.

“Household” means a single individual living alone or a group of related or nonrelated individuals who live together, who are not boarders or residents of an institution, and who purchase and prepare food for home consumption.

“TEFAP” means The Emergency Food Assistance Program as authorized by the Emergency Food Assistance Act of 1983 as amended through PL 107-249, enacted October 23, 2002.

441—66.2(234) Household eligibility. Household eligibility is determined by residence, household size, and income.

66.2(1) Residence. Household members must be residing in the state of Iowa.

66.2(2) Household size. Household size is determined by the number of people living in a dwelling, excluding boarders, as household is defined in rule 441—66.1(234).

66.2(3) Income eligibility. All earned and unearned income of the household must be considered in determining eligibility.

a.Income defined. Income means all income received by an individual from sources identified by the U.S. Census Bureau in computing median income and includes:

(1)Money wages or salary;

(2)Net income from nonfarm self-employment;

(3)Net income from farm self-employment;

(4)Dividends;

(5)Interest;

(6)Income from estates or trusts;

(7)Net rental income and royalties;

(8)Public assistance or welfare payments;

(9)Pensions and annuities;

(10)Workers’ compensation;

(11)Alimony;

(12)Child support;

(13)Veterans’ pensions;

(14)Social security;

(15)Railroad retirement;

(16)Supplemental security income;

(17)State or federal assistance;

(18)Veterans’ benefits;

(19)Black lung benefits;

(20)All disability pensions;

(21)State supplementary assistance;

(22)Unemployment compensation benefits; and

(23)Income from minors under 16 years of age.

b.Determination of income. Earned or unearned income is the gross annual, monthly, or weekly income.

(1)Biweekly income is to be multiplied by 2.15 to determine monthly income.

(2)Adjusted gross self-employment income will be averaged over a 12-month period.

(3)Income received from interest and dividends will be averaged over a 12-month period.

(4)The amount of income that stops or starts during the month will be estimated based on the best information available.

c.Income exclusions. When calculating total household income for this program, all income must be excluded that is specifically excluded for food assistance by federal statute, especially those sources listed in federal regulations at 7 CFR 273.9(c)(10) as amended to May 2, 2022.

d.Income guidelines. Households are eligible for TEFAP when the countable household income is at or below 185 percent of the federal poverty guidelines. These federal guidelines are revised annually, effective every July 1.

These rules are intended to implement Iowa Code sections 234.6 and 234.12.