1115.050.00 Farm Worker Employment Income

1115.050.05.05 Definition of Destitute

Consider the migrant or seasonal farm worker who changes jobs but continues to work for the same employer as still receiving income from the same source. Consider the migrant’s source of income the grower for whom he/she is working and not the crew chief. Therefore, consider a migrant who travels with the same crew chief but moves from one grower to another to move from a terminated source to a new source.

Use the following to determine when a migrant or seasonal farm worker meets the destitute criteria to qualify for expedited services or special budgeting for the first month of the certification period.

  1. Households whose only source of income for the month of application is received prior to the date the application is filed and is from a terminated source. This includes migrant households who received last wages from a grower.
    1. Income received on a monthly or more frequent basis is considered terminated if it will not be received again from the same source during the balance of the month of application or during the following month.
    2. Income normally received less often than monthly is considered terminated if it will not be received in the month in which the next payment is normally received. Non-receipt of this income from the same source in the balance of the month of application or in the following month is inappropriate to determine whether the income is terminated.
      EXAMPLE: If income is received on a quarterly basis (i.e., on January 1, April 1, July 1, and October 1), and the household applies in mid-January, do not consider the income terminated merely because no further payment will be received in the balance of January or in February. The test for whether this household’s income is terminated is whether the income is anticipated to be received in April.
  2. Households whose only income for the month of application is from a new source, is $25 or less, and will not be received by the tenth calendar day after the date the application is filed.
  3. NOTE: The $25 maximum from the new source applies to the entire FS household. For example, if two persons in the FS household each received $20 from a new source within ten calendar days after the date of application, the household is not considered a destitute household since $40 exceeds $25.
    1. Consider income normally received on a monthly or more frequent basis to be from a new source if income of more than $25 has not been received from that source within 30 days prior to the date the application was filed.
    2. Consider income normally received less often than monthly as coming from a new source if more than $25 in income from that source was not received within the last normal interval between payments.
  4. Households may receive BOTH income from a terminated source prior to the date of application AND income from a new source after the date of application if no other income is received in the month of application and income of more than $25 from the new source is not received by the tenth day after the date of application.
  5. Exclude income to households for travel advances provided by the employer to cover travel costs of new employees who must journey to the new employment location.
  6. NOTE: Count as income travel advances given per written contract for wages that will be deducted from wages later earned by the employee. However, the receipt of a wage advance for travel of a new employee does not affect whether subsequent payments from the employer are from a new source of income nor whether a household is considered destitute.
  7. EXAMPLE: A household applying on 8/10 received a $50 advance for travel (by written contract considered an advance on wages) from its new employer on 8/1. The household will not receive any other wages from the employer until 8/31 so it is therefore considered destitute. Disregard the 8/31 payment, but count the wage advance received prior to the date of application as income.

    EXAMPLE: Mr. J. applied for FS on 5/11. On 5/1, he received a $50 travel check for travel expenses (not advance wages) from his new employer. He will not receive his first regular paycheck until 5/31 so he is considered destitute. Disregard both the 5/31 paycheck and the travel advance as income.