Food Stamps

1105.098.15 MAKING THE DETERMINATION

IM-#118 August 2, 2000

REMEMBER: YOU CANNOT COUNT ANY QQ AFTER 12/31/96 IF THE IMMIGRANT, PARENT, OR SPOUSE RECEIVED A FEDERAL MEANS-TESTED PUBLIC BENEFIT DURING THE QUARTER.

STEP 1: Review the 40 qualifying quarter response for the individual for whom quarters are being established.  Do the codes that represent QQs add up to 40 or more?

If YES, the immigrant meets the 40 quarters requirement.

If NO, are there current or prior year earnings (LAG earnings) that are not shown in the QQ pattern?

If YES, use the chart in Section 1105.098.20.00 (#1) to determine the qualifying quarters.

If the total now equals 40 or more quarters, the applicant meets the 40 quarters requirement.

If NO, go to step 2.

STEP 2: Review the 40 qualifying quarter response for individuals from whom quarters are being deemed.  Review the periods that can be used (during the marriage for a spouse and under age 18 for a parent).  When you add the codes that represent a qualifying quarter on these records to the immigrant’s record, do they equal 40 or more?

If YES, the immigrant meets the 40 quarters requirement.

If NO, develop LAG earnings as in Step 1 if applicable.

Does the total when these are added equal 40 or more?

If YES, the immigrant meets the 40 quarters requirement.

If NO go to step 3.

STEP 3: Review the 40 qualifying quarters response for all individuals from whom quarters are being deemed:

Review the field MINIMUM NUMBER QCs 1937-1950.

If these can be used, add them to the total.  Does the total equal 40 or more?

If YES, the immigrant meets the 40 quarters requirement.

If NO, continue.

Review the field MAXIMUM NUMBER OF QCs 1937-1950 and look at the QC pattern for codes # and Z.

If the maximum number and/or the codes # and Z will equal 40 or more when added to the total, refer the case to SSA as described in Section 1105.098.20.00.

If the total still does not equal at least 40, continue.

Review the QQ pattern with the immigrant.  If the immigrant believes that quarters are missing, develop the issue as described in Section 1105.098.20.00.

If the immigrant believes that the records are correct, he/she cannot meet the 40 quarters requirement.

The following codes represent a qualifying quarter from covered earnings (QCs) except codes “F, U, and W” which are shown as QQs. This will be important in handling discrepancies.  See IMNL section 1105.098.20.00.

A – Agricultural QC
C – Wage QC ( This is the most common quarter code)
D – Military QC
F – Medicare qualified government employment wages QC
G – Gift QC
J – Japanese Internment QC
M – Military QC
R – Railroad QC
S – Self employment QC
U – Noncovered Credit QC
W – Noncovered Credit derived from the sum of covered and noncovered earnings QC
* – A covered QC

Example:

An immigrant and spouse applied for food stamps. The immigrant entered the United States in 1986.  The immigrant’s spouse entered prior to that time.  They married in June 1991.  It is determined that a QQ history for both SSNs is needed for the applicant to meet the 40 QQ requirement.  Obtain a Consent for Release of Information from the spouse and access IIVE.  Following is a display of QQ history for the applicant and the applicant’s spouse.  Each individual’s quarters display with the first quarter for the year on the left and the fourth quarter of the year end on the right.

  Applicant Applicant’s Spouse
1986 NNNN CCCC
1987 NAAC CCCC
1988 NNNN CCCC
1989 NNAA ZZCC
1990 AAAA CCCC
1991 AAAA CCCC
1992 AANN CCCC
1993 CCCC CCCC
1994 CCCC CCNN
1995 CCCC CCCC
1996 NNNN NNNN
1997 NNNN NNNN

In this example, the immigrant has a combination of wage and agricultural quarters totaling 27.  It appears that the immigrant’s spouse has enough quarters, which when added to the immigrant’s quarters will equal 40.  However, only the spouse’s quarters earned during the marriage can be qualifying quarters.  The spouse has 17 quarters during the marriage.  When added to the immigrant’s quarters the total exceeds the 40 quarters requirement.  Based on this example, the immigrant and spouse meet the 40 quarters requirement.

In this case, you do not need to reconcile the “Z” quarters (1989) with SSA because they are outside of the marriage period.  You also do not need to develop the LAG quarters because they are not needed to reach the 40 quarters requirement.