A.B.
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
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A.B. appealed a decision by the Florida Department of Children and Families regarding eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. The District Court of Appeal affirmed the lower tribunal's decision, which properly included SSI payments in calculating A.B.'s income for SNAP eligibility purposes.
SSI payments must be included as income in determining SNAP eligibility. The court affirmed the lower tribunal's decision applying federal regulations and Florida Administrative Code that specifically require SSI benefits to be treated as unearned income for SNAP calculation purposes.
[1] Supplemental security income payments constitute unearned income that must be included when determining eligibility for and calculating benefits under the Supplemental Nu…
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Join FLexlaw to unlock all legal intelligence“7 C.F.R. § 273.9(b) (2023) (defining "income" to include supplemental security income (SSI) payments)”
Federal regulation establishing that SSI is considered income for SNAP purposes
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Join FLexlaw to unlock all legal intelligenceA.B. sought SNAP benefits and contested a determination that included supplemental security income (SSI) payments in the income calculation for eligib…
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Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-1598 Lower Tribunal Nos. 1147755221, 23F-06525 ________________ A.B., Appellant, vs. Florida Department of Children and Families,
Appellee.
An Appeal from the State of Florida, Department of Children and Families, Office of Appeal Hearings. A.B., in proper person. Leslie Hinds, Chief Regional Legal Counsel, for appellee. Before EMAS, MILLER and BOKOR, JJ. PER CURIAM.
Affirmed. See 7 C.F.R. § 273.9(b) (2023) (defining “income” to include supplemental security income (SSI) payments); 7 C.F.R. § 273.9(b)(2)(i) (2023) (providing SSI benefits must be included in determining eligibility for benefits under Supplemental Nutrition Assistance Program (SNAP)); 7 C.F.R. 273.10(e)(1)(i) (2023) (related to calculating net income and SNAP benefits); Florida Administrative Code Rule 65A-1.603 (establishing the standard utility allowances in determining income and expenses for SNAP benefits); Department of Children and Families, Program Policy Manual, CFOP 165-22 (Economic Self-Sufficiency Services) passages 1810.0900, 1810.0904.01 (defining benefits under SNAP and further providing that “[b]enefits that are paid by SSA are considered unearned income”).