IM-142 11/06/98 IMMIGRANT FOOD STAMP ELIGIBILITY
|IMMIGRANT FOOD STAMP ELIGIBILITY
FOOD STAMP MANUAL REVISION #10:
|Please read this memorandum carefully.
It contains several new and revised policies relating to the eligibility
of immigrants. Some of the policies were issued earlier, but most
have not been discussed before. The changes result from the Balanced
Budget Act of 1997-Public Law 105-33, the Agricultural Research, Extension,
and Education Reform Act-Public Law 105-185, clarifications received from
the Food and Nutrition Service (FNS) and administrative decisions.
Below are the new and revised policies.
RESOURCES AND INCOME POLICY FOR INELIGIBLE IMMIGRANTS
Effective November 1, 1998, exclude all resources and income of ineligible immigrants. Do not count an ineligible immigrant's resources in the household's total resources. Do not budget any of the immigrant's income.
Do not include expenses paid from an ineligible immigrant's income in deductible expenses. If a household shares deductible expenses with an ineligible immigrant, allow only the amount actually paid or contributed by the eligible household members. If the payments or contributions cannot be differentiated, allow only the eligible household members' pro rata share.
EXCEPTION: Count the entire resources of immigrants who have a temporary status, such as diplomats, visitors, and students, and undocumented immigrants in the household's resource determination. Count the income of an immigrant with temporary or undocumented status less a pro rata share for the ineligible immigrant.
NEW GROUPS OF ELIGIBLE IMMIGRANTS
Immigrant Children, Elderly and Disabled:
Effective November 1, 1998 food stamp eligibility
is restored to some immigrant children, elderly, and disabled individuals
that were lawfully present in the United States on August 22, 1996.
The child, elderly individual and disabled individual must meet one of
the definitions of a qualified alien, such as lawful permanent resident,
refugee, etc. They can receive food stamps indefinitely as long as
they meet the other food stamp non-
Children are those immigrants under 18 years old. Elderly immigrants for this provision are those who were at least 65 years old on August 22, 1996.
A disabled immigrant is one whose disability meets the food stamp definition in Section 1100.010.00 of the Food Stamp manual. A disabled immigrant who was lawfully present in the United States on August 22, 1996 can receive food stamps even if s/he became disabled after August 22, 1996.
APPLICATIONS TAKEN DURING SEPTEMBER AND OCTOBER 1998:
Email memorandum IM-085 dated September 22, 1998 instructed staff to take, register and hold applications for this group. Staff can now process these applications. In determining eligibility, apply the resource and income exclusion discussed above. Verify the individual's immigrant status. Verify the age of children and that an elderly individual was at least 65 years old on August 22, 1996. Verify that a disabled immigrant's disability meets the food stamp definition.
If the individual is eligible for benefits, benefits can be given beginning November 1, 1998. Individuals who apply on or after November 1, 1998 are eligible for benefits as of November 1, 1998 or back to the date of application, whichever is later.
CURRENTLY RECEIVING HOUSEHOLDS WITH INELIGIBLE IMMIGRANTS:
Ineligible immigrants in households that are currently receiving food stamps may now be eligible. As you review these cases, do a budget adjustment applying the resource and income exclusions discussed above. If the adjustment results in an increase in benefits, the increase is effective November 1, 1998. If necessary, give restored benefits back to November 1, 1998.
FSU5 CITIZENSHIP CODE:
If the individual has an immigration status that corresponds to one of the citizenship codes, for example R for refugee, enter that code in field 43 of FSU5. If no code corresponds to the individual's immigration status, enter code Q in field 43 of FSU5.
Cubans, Haitians and Amerasians:
Cuban and Haitian immigrants were added to the list of immigrants who are eligible for 7 years from the date they are granted status as a Cuban-Haitian entrant. Like asylees and deportees, they can be granted this status after a period of time in the United States.
Amerasian immigrants are eligible for 7 years from the date admitted as an Amerasian immigrant. They remain eligible for 7 years even if their status changes.
The eligibility of Cubans and Haitians was effective August, 1996. Restore benefits from the date of application or August, 1996, whichever is later, to any affected household that comes to your attention.
FSU5 CITIZENSHIP CODE:
Use code R in field 43, Citizenship, of FSU5 when approving Cubans, Haitians or Amerasians who qualify for food stamps.
Hmong, Laotian Highlanders and Cross-Border Native Americans:
Public Law 105-185 added certain Hmong and Laotian Highlanders and American Indians born in Canada to the group of immigrants who can receive food stamps. These individuals can receive food stamps indefinitely as long as they meet the other financial and non-financial requirements of the food stamp program. They are eligible effective November 1, 1998.
The Hmong and Laotian Highlanders who can receive food stamps are those who are lawfully residing in the United States and were a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964 and ending May 7, 1975. The spouse or unremarried surviving spouse and unmarried dependent children of such an individual may also be eligible for food stamps. If an immigrant claims this status, contact Food Stamp Program and Policy for further instructions.
Cross-Border Native Americans are American Indians born in Canada to whom the provisions of Section 289 of the Immigration and Nationality Act apply and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act. This provision is intended to cover Native Americans who are entitled to cross the United States border into Canada or Mexico.
FSU5 CITIZENSHIP CODE:
Use code Q in field 43, Citizenship of FSU5 for individuals who are eligible under these categories.
GROUPS WHOSE ELIGIBILITY INCREASED TO 7 YEARS
Refugees, Asylees and Deportees:
Refugees, asylees and individuals for whom deportation is withheld can now receive food stamps for up to 7 years providing they meet the other food stamp non-financial and financial criteria.
Refugees remain eligible for food stamps during the 7 years even if their status changes.
EXAMPLE: An individual is admitted as a refugee in 1993. His status changed to lawfully admitted for permanent residence in 1996. He is eligible for food stamps as a refugee until 2000.Asylees and deportees are eligible for 7 years from the date they are granted this status. Thus, these individuals may become eligible after they have been in the United States for a period of time.
EXAMPLE: An individual entered the country in 1991 as a student but his status was changed to asylee in 1992. If otherwise eligible, he could participate until 1999.CLARIFICATION RELATED TO MILITARY PERSONNEL
Spouses of Veterans or Active Duty Personnel:
Public Law 105-33 added eligibility for the surviving spouse of a deceased veteran or individual on active duty, provided the spouse has not remarried and the marriage meets one of the following requirements:
Veterans and Active Duty Personnel:
Veterans and active duty personnel who are parolees under section 212(d)(5) of the Immigration and Nationality Act (INA) and with parolee status granted for at least 1 year are eligible for food stamps. The condition that the parole fall under section 212(d)(5) and be granted parolee status for 1 year was omitted from the policy issued March 11, 1997.
The definition of a dependent child of a veteran or active duty person includes a legally adopted child as well as a biological child.
Public Law 105-33 set a minimum active-duty service requirement that an immigrant veteran must meet in order to be eligible for food stamps. The active-duty requirement is 24 months or the period for which the person was called to active duty.
The Food and Nutrition Service is using the term "military connection" to refer to immigrants who are veterans, on active duty with the U.S. Armed Forces, or the spouse or dependent child of a veteran or individual on active duty. Section 1105.010.10 is changed to use the term "military connection" instead of veterans and active duty personnel.
The policy issued March 11, 1997 did not address the eligibility of battered immigrants for food stamps. Battered individuals are qualified aliens. However, to receive food stamps they must also meet one of the conditions such as having a military connection. If an immigrant claims this status, contact Food Stamp Program and Policy for further instructions.
A battered immigrant is:
(1) an immigrant who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent; or a member of the spouse or parent's family residing in the same household as the immigrant if the spouse or parent consented to, or acquiesced in, such battery or cruelty;
(2) an immigrant whose child has been subjected to battery or extreme cruelty by a spouse or a parent of the immigrant (without the active participation of the immigrant), or by a member of the spouse or parent's family residing in the same household if the spouse or parent consented to, or acquiesced in, such battery or cruelty; or
(3) an immigrant child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the U.S. by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if there is substantial connection between such battery or cruelty and the need for benefits to be provided.
EXEMPTION FROM SPONSOR DEEMING PROVISIONS
Public Law 105-33 exempted the child of a battered parent from the sponsor deeming provisions.
IMMIGRATION AND NATURALIZATION SERVICE (INS) VERIFICATION
The Department of Justice issued guidance on how to verify immigration status. Attached to this memorandum is a list of acceptable documents to verify immigrant status. Ensure that all staff uses this list as we removed reference to the documents from the policy manual. The Verification of Immigrant Status list is Appendix A in the on-line and hard copy of the Food Stamp manual.
Previous policy said to use the G-641 to obtain verification of immigrant status if the immigrant did not have the appropriate document. Guidance received from FNS states the correct form to file with INS in such cases is the INS Form G-845 and Supplement.
QUALIFYING WORK QUARTERS
PRESUMED TO HAVE 40 QUARTERS:
We can no longer presume an immigrant has 40 qualifying work quarters based on the number of years an individual lived in the U.S. and the number of years an individual earned money through work. The immigrant for whom we are establishing 40 quarters will have to provide documentation of quarters or the earnings record for those individuals whose quarters count toward the 40 quarters. When the immigrant provides earnings records, determine qualifying quarters by using the SSA Earnings Chart (discussed below). The instructions for presuming eligibility are removed from Section 1105.010.15.15 of the Food Stamp manual.
ADDITIONAL WORK QUARTERS:
Following are additional work quarters that count toward the 40 qualifying work quarters:
Attached is the SSA Earnings Chart. You may use it to determine if and/or when an immigrant who needs 40 quarters of earnings to be eligible for food stamps has 40 quarters. Instructions on how to use the chart are included on the chart. Copy and distribute the chart as needed. This chart is Appendix B in the on-line and hard copy of the Food Stamp manual.
IMMIGRANT ELIGIBILITY GUIDE
Attached is a revised "Guide for Determining Eligibility of Qualified Aliens for Food Stamps". It is labeled Appendix C.
File it in the hard copy of the Food Stamp manual. It is not available on-line.
The first column under Section A gives the statuses that qualify an immigrant for a determination of food stamp eligibility. An immigrant with any other status cannot receive food stamps unless s/he meets the criteria under Section B. The second column of Section A gives the additional condition the immigrant must meet in order to be eligible for food stamps. Section B of the guide, gives the groups of immigrants who meet the citizenship requirement based solely on their immigrant status.
Attached are the revised manual pages incorporating the policies discussed in this memorandum. Section 1105.010.02, Qualified Alien is a new section giving the immigration statuses that meet the definition of a "qualified alien". When policy uses the terms "qualified alien" or "qualified", it refers to someone with an immigration status listed under this section of the manual.
Additional pages in the sections listed on the first page of this memo are revised to reflect the terms "immigrant" and "Temporary Assistance". These changes in terms have NOT been identified by a line on the pages of the hard copy.
Distribution # 3
FS applicants must meet non-financial criteria
of residency, citizenship and immigrant status, identity, work registration,
18-50 year old work requirements and Social Security Number (SSN).
No durational residency requirement exists for FS. Applicants must live in the county in which they are applying. (See Section 1120.010.00 regarding out-of-county application requests.) If the applicant moves to a different county during the application process, the pending application is transferred to the new county of residence. Consider applicants maintaining a residence in the county for any purpose other than a vacation, regardless of the length of time they have resided in the area, eligible on the residency factor. For example, elderly individuals who spend a portion of the year with friends or relatives are not considered vacationers.
Intent to permanently remain in the county
or state is not a condition of eligibility. A fixed residence is
not required. Homeless persons and migrants living in campsites meet
the residency requirement. Cases of participants who move to a different
county are transferred active to the new county of residence. No
individual may participate as a member of more than one household or in
more than one project area in any month.
AND IMMIGRANT STATUS
To be eligible for FS, household members must be residents of the United States and either a U.S. citizen or a Qualified ALIEN belonging to one of the ELIGIBLE IMMIGRANT CATEGORIES. The categories are:
1. Children, Elderly and Disabled
One adult household member must attest
to the citizenship or Immigrant Status of all household members.
This statement is made on the application.
minimum of ten days) to resolve the discrepancy
prior to eligibility determination. Exclude the member in question
until proof of citizenship is obtained.
An immigrant must be in one of the following immigration statuses to qualify to receive food stamps. In addition, an immigrant must meet certain conditions such as age, disability, date entered the United States, length in the United States and work history in the United States. Under each eligible immigrant category are the additional conditions that group must meet in order to receive food stamps.
Immigration statuses that qualify an immigrant are:
Elderly and Disabled
Qualified alien children, the elderly and the disabled who were lawfully present in the United States on August 22, 1996 meet the citizenship requirement. They can receive food stamps indefinitely as long as they meet the other food stamp criteria.
Children are those immigrants under 18 years old. Elderly immigrants are those who were at least 65 years old on August 22, 1996.
A disabled immigrant is one whose disability meets the food stamp definition in Section 1100.010.00. A disabled immigrant who was lawfully present in the United States on August 22, 1996 can receive food stamps even if s/he became disabled after August 22, 1996.
Amerasians, Asylees, Cuban/Haitian Entrants, and Deportees
Qualified refugees, asylees, Cuban, Haitians and individuals for whom deportation is withheld can receive food stamps for up to 7 years providing they meet the other food stamp eligibility requirements.
For refugees and Amerasians, the 7 years is from the date admitted to the United States as a refugee or Amerasian. They remain eligible for 7 years from the date admitted to the United States, even if their status changes during the 7 years.
EXAMPLE: An individual is admitted as a refugee in 1993. His/her status changed to lawfully admitted for permanent residence in 1996. S/he is eligible for food stamps as a refugee until 2000.For asylees, Cuban/Haitian entrants and deportees, the 7 years is from the date they were granted this status.
EXAMPLE: An individual entered the country in 1991 as a student but his/her status was changed to asylee in 1992. If otherwise eligible, s/he could participate until 1999.Refer to Section 1105.097.00, Appendix A for information on acceptable forms of documentation.
With a Military Connection
Qualified aliens who have a military connection meet the citizenship requirement of the Food Stamp Program. They can receive food stamps for an unlimited period of time. A qualified alien with a military connection is a:
1. veteran who was on active duty 24 months or the period that s/he was called to active duty and was honorably discharged for reasons other than alienage and their spouses or unmarried dependent children,
The definition of a dependent child is a biological or adopted unmarried child under age 18 or claimed on the veteran's or active duty person's income tax form. An immigrant dependent child remains eligible for food stamps even if the parents divorce and the child does not live with the veteran/active duty person.
Refer to Section 1105.097.00, Appendix
A for information on acceptable forms of documentation.
Laotian Highlanders and Cross-Border Native Americans
Certain Hmong, Laotian Highlanders and American Indians born in Canada can receive food stamps. These individuals can receive food stamps indefinitely as long as they meet other food stamp financial and non- financial requirements.
Hmong and Laotian Highlanders who can receive are those:
1. who are lawfully residing in the United States, ANDThe spouse or unremarried surviving spouse and unmarried dependent children of a Hmong and Laotian Highlander may also be eligible for food stamps.
American Indians born in Canada meeting
the provisions of Section 289 of the Immigration and Nationality Act and
members of an Indian tribe as defined in Section 4(e) of the Indian Self-
intended to cover Native Americans who
are entitled to cross the United States border into Canada or Mexico.
With 40 Qualifying WORK QUARTERS Under SSA
Immigrants lawfully admitted for permanent residence who have worked 40 qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters can receive food stamps for an unlimited period.
For Social Security purposes, the term "quarter" means the three (3) calendar month periods ending with March 31, June 30, September 30 and December 31 of any year.
When determining if the number of qualifying
work quarters total or exceed 40, consider the quarters earned by a spouse
and/or parents. Refer to the guidelines for deeming quarters.
Qualifying quarters include:
Use the following guidelines to determine if an immigrant has 40 qualifying quarters:
Verify immigrant status by viewing the immigrant's INS document. Refer to Section 1105.097.00, Appendix A for information on acceptable forms of documentation. To verify the 40 quarters:
January, 1997 or any month thereafter.
1. If there is no record of previous assistance in Missouri and the applicant states they have not previously received help, accept the applicant's statement.Subtract from the work quarters the quarters after December 31, 1996 in which the person received assistance under a federal means-tested program.
Battered individuals are qualified aliens. However, to receive food stamps they must also be a member of one of the Eligible Immigrant Categories, such as having a military connection. If an immigrant claims this status, contact Food Stamp Program and Policy for further instructions.
A battered immigrant is:
Approval Pending Receipt of Immigrant Documentation
Allow immigrant applicants at least ten days to provide acceptable immigrant status documentation. However, process the case by the 30th day following the date of application.
For those cases where the ten-day time period ends before the 30th day following the date of application and the documentation has not been provided, consider the immigrant an ineligible undocumented immigrant and exclude the individual from household membership. (Count his/her resources as available to the remaining household members. Count his/her income as income to the household less his/her pro rata share. Consider payments from the ineligible immigrant to the household as income the same as any other payments from non-household members to a household.)
For those cases where the ten-day period ends after the 30th day following the date of application and the household is otherwise eligible, certify the household (including the member in question) no later than the 30th day. If the member in question has not provided documentation when the ten days expire, remove the individual from the case and consider the individual an ineligible undocumented immigrant. (No claim would be due for the period of participation pending the ten days expiration.)
If proper documentation is subsequently
received, process as a reported change in household membership.
Immigrant Status Cannot Be Determined
If immigrant status cannot be determined from the INS document presented and the immigrant has no other acceptable documentation of immigrant status, advise the immigrant that:
If non-INS documentation is accepted as reasonable evidence of immigration status, photocopy the evidence and transmit it to INS for verification using the SAVE secondary verification procedures.
Pending results from the secondary verification process, do not delay, deny, reduce, or terminate the individual's eligibility for benefits based on immigration status.
Written consent from the claimant to submit the non-INS documentation to INS is not needed.
1105.010.30 INELIGIBLE IMMIGRANTS
Some immigrants may be lawfully admitted
but only for a temporary or specific period of time with no intention of
abandoning residence in a foreign country. Such immigrants are:
students, tourists, visitors, and some workers and diplomats. Immigrants
in this group are not eligible for FS because of the temporary nature of
their admission status. Although these immigrants are not eligible
for FS, this does not affect the eligibility of other household members.
Consider resources of these ineligible immigrants in their entirety toward
total household resources. Prorate income of these ineligible immigrants.
Exclude the ineligible immigrant in determining household size.
1105.010.30.05 Ineligible Immigrants as Head of Household
When eligible members of a household are
all unemancipated minors (dependent children under age 18 living in the
household) and the only adult is an ineligible immigrant, the ineligible
immigrant may apply as head of the household on behalf of the eligible
minors; however, the ineligible immigrant is held responsible for any misrepresentation
of fraud committed in household certification. If the household contains
another eligible adult or emancipated minor (child under age 18 who is
married or has established his/her own household), the application must
be taken in the name of the other adult or the emancipated minor as the
head of the household even though he/she is not normally considered the
head of the household.
Reporting Illegal Immigrants
Immediately inform the local INS office
of any household member(s) determined to be ineligible to receive FS because
the member(s) is present in the United States in violation of the Immigration
and Nationality Act. Document a determination that a household member(s)
is an illegal immigrant and report to INS.
Disqualified FLEEING FELONS
An individual is ineligible to participate in the Food Stamp Program if s/he is fleeing to avoid prosecution, custody or confinement after conviction, for a crime, (or attempt to commit a crime) that is a felony under the law of the place from which the individual is fleeing.
work registration components, persons subject
to and not meeting the work requirement for 18 to 50 year olds, ineligible
students, fleeing felons, persons disqualified for a felony drug conviction
and persons disqualified for probation or parole violations. However,
consider income and resources of Excluded Household Members as available
to the remaining household members as outlined below. Excluded household
members may not participate in the program as separate households.
Ineligible immigrants do not meet citizenship or eligible immigrant requirements. Do not count resources of ineligible immigrants as available to the remaining household members. Do not count the income of an ineligible immigrant as income to the household. An ineligible immigrant does not affect the household's categorical eligibility status if all the remaining household members receive Temporary Assistance/SSI/SAB/SP/GR.
Do not allow as a deduction shelter and dependent care expenses paid with the ineligible immigrant's income. Deduct only expenses actually paid from eligible household members' income. If the payments cannot be differentiated, deduct only the eligible household member's pro rata share.
EXCEPTION: Count the entire
resources of immigrants who have a temporary status, such as diplomats,
visitors, and students, and undocumented immigrants in the household's
resource determination. Count the income of an immigrant with temporary
or undocumented status less a pro rata share for the ineligible immigrant.
1105.015.10.10 Disqualified for Failure to Provide SSN
Count resources of these individuals as available to the remaining household members. Count income of these individuals as income to the household less a pro rata share for the disqualified individual.
Evenly divide that portion of the household's
allowable shelter and dependent care expenses, that are either paid by
or billed to the excluded members, among the household members including
the excluded members. Count all but the excluded member's share as
a deductible expense for the remaining household members.
1105.015.10.15 Disqualified for Intentional Program Violations
Attribute resources and income of these individuals in their entirety to the remaining household members. Continue to apply the household's entire allowable earned income, standard medical, dependent care, and
excess shelter deductions to the remaining household. Do not give categorically eligible status to a household containing a member disqualified for an IPV unless the member is a GR participant. The household is categorically eligible if the disqualified member receives GR.
A-VERIFICATION OF IMMIGRATION STATUS
Acceptable forms of documentation of qualified alien status are as follows:
LAWFUL PERMANENT RESIDENT:
212(d)(5) of the INA and a date showing granting of parole for at least one year.
IMMIGRANT GRANTED CONDITIONAL ENTRY:
Acceptable verifications of an immigrant's military connection follow.
Character of discharge is noted on the DD-214. A DD-214 that shows character of discharge as anything other than "Honorable" is not eligible for this status. A character of discharge "Under Honorable Conditions" is NOT an honorable discharge for these purposes.
If the applicant cannot provide the DD-214, the Military
Personnel Record Center, 9700 Page, St. Louis, MO 63132 will send a copy of the DD-214 if a signed authorization is provided.
time National Guard duty. If the card will expire within one year, use a copy of the individual's military order to document active duty status.
For an individual in the Reserves, Army National Guard, or Air National Guard view a current DD Form 2 (Reserve) (red) and military active duty order showing the individual is on active duty, but NOT active duty for training. No other method for verifying this status is available.
If the individual is unable to furnish either of the above, active duty may be verified through the nearest RAPD (Real Time Automated Personnel Identification System) located at many military installations or by notifying the following office in writing (you may transmit this notice by facsimile):
DEERS Support Office
CROSS-BORDER NATIVE AMERICAN:
Acceptable verifications that a Native American was born in Canada are:
HMONG OR HIGHLAND LAOTIAN:
Contact Food Stamp Program and Policy for instructions on how to verify this immigration status.
If an immigrant meets the definition of a battered immigrant, contact Food Stamp Program and Policy for further instructions.
UNABLE TO PROVIDE DOCUMENT:
The INS Form G-845 and Supplement to obtain verification of immigration status if the immigrant does not have the appropriate document.
B-SSA EARNINGS CHART
Use the following chart to determine the
number of qualifying quarters of earnings that can be credited toward an
immigrant's 40 quarters. The dollar amount indicates the amount of
earnings needed to credit one (1) qualifying quarter beginning with 1978.
1978. . . . . . .$250 1989. . .
. . . .$500
To determine the number of quarters earned in a specific year, divide the earnings for that year by the dollar amount shown for that year. For the current year, count the quarter as soon as the individual has earnings in that quarter equal to the amount shown on the chart. A quarter in which the immigrant received a Federal means-tested public benefit cannot count as a qualifying quarter.
The maximum number of quarters that can be credited in a calendar year is four (4) quarters, regardless of earnings. Examples of how to calculate quarters are:
EXAMPLE 1: An immigrant earned $2,090 in 1995. $2,090 divided by $630 = 3 with $200 remaining. The individual has 3 qualifying quarters from 1995. The remainder of $200 is not enough earnings to credit a fourth quarter.
EXAMPLE 2: An immigrant earned $3,000 in January 1998. $3,000 divided by $700 = 4 with $200 remaining. As of February 1998, the individual has 4 qualifying quarters.
EXAMPLE 3: An immigrant earned $15,000 in 1997. The individual has 4 qualifying quarters. $15,000 divided by $670 = 22 with $260 remaining, but the individual can be credited with only 4 quarters for the calendar year.
EXAMPLE 4: An immigrant earned $1,500 during the January, February and March quarter of 1998. The immigrant received Temporary Assistance for January and February 1998. The
immigrant has zero (0) qualifying quarters from this time period because s/he received a Federal means-tested public benefit during the quarter.
To assign quarters before 1978:
C-GUIDE FOR DETERMINING ELIGIBILITY OF
QUALIFIED ALIENS FOR FOOD STAMPS
Appendix C-Guide for Determining Eligibility of Qualified Aliens for Food Stamps is not available on-line. Refer to the paper copy of the Food Stamp manual.
1110.010.00 PERSONS WHOSE
RESOURCES ARE TO BE CONSIDERED
Count resources of all persons determined to be household members. Do not count resources of non-household members (such as roomers/boarders) toward total resources for the household. Exclude resources verified as belonging to a household member receiving Temporary Assistance, SSI, SP, or SAB when determining benefit eligibility.
Consider resources (in their entirety) of household members who: have been disqualified for failure to provide a SSN, disqualified for IPVs, failure to comply with work registration components, persons subject to and not meeting the work requirement for 18 to 50 year olds, fleeing felons, for a felony drug conviction and for probation or parole violations when establishing eligibility for remaining household members.
Count resources of an ineligible immigrant
with a temporary or undocumented status as a resource in determining eligibility
for remaining household members if the ineligible immigrant would be considered
a household member except for his/her immigrant status.
1110.015.00 Jointly-Owned RESOURCES
Consider resources held jointly by separate households or members of households as available in total to each household unless the household demonstrates that such resources are inaccessible. If the household demonstrates that it has access to only a portion of the resource, count the value of that portion of the resource toward the household's resource level. If a resource is held jointly with a person receiving Temporary Assistance, SSI, SP, or SAB, count only that portion of the resource contributed by the person not receiving those benefits. Consider the resource totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply.
EXAMPLE: If two people share a savings or checking account as joint tenants, either of them can withdraw any amount without the other's signature. This resource is held jointly for FS purposes and the total value of the checking/savings account is considered an available liquid resource for each person.
EXAMPLE: If a group of people have an undivided interest in a piece of property, one person cannot sell another's interest in the property. Even though the resource is contained in one place, it is not a resource held jointly for FS purposes because each person has access only to the portion of the interest that belongs to him/her.
1. Determination of property as a resource is dependent on whether or not the property in question is devisable for
9. Work Study: income remaining after
allowable student deductions.
Unearned income includes, but is not limited to, the following.
1. IM/PA: includes payments received from federally-aided IM/Public Assistance programs, such as Temporary Assistance, SAB and SSI programs, or other assistance programs based on need.
If the assistance is a vendor payment (given to a third party on behalf of the household), still consider it unearned income unless the type of vendor payment is specifically listed under income exclusions.
2. Annuities and Pensions: payments received as an annuity; pension, retirement, or disability benefit; veterans, worker's, or unemployment compensation; strike benefits; or benefits received under Social Security Programs.
3. Foster Care Payments: Count Foster Care payments made to the household for foster children or adults included as household members in their entirety. Also count as income Foster Care payments made to children ages 16 and up to assist in making the transition to an independent living arrangement.
4. Support or Alimony: support and/or alimony payments made directly to the household from non-household members and refunds to an Temporary Assistance/FS household by DCSE.
5. Educational Income: only that portion of non-excluded educational income (including educational loans with deferred payments) remaining after deducting allowable school expenses.
6. Government Programs: payments
received from non-
7. Earned or unearned income of excluded household members.
a. Excluded for an IPV or failure to comply with work registration/METP component activities such as voluntary job quit, failure to comply with 18 to 50 year old work requirements, voluntary reduction in work effort, noncompliance with FUTURES, etc. The budget for the remaining household includes all countable income belonging to the excluded member. The excluded member's income and expenses are counted in determining the earned income standard, medical, dependent care,
and excess shelter deductions. (Apply the earned income deduction to the total amount of earned income belonging to the excluded member.)
b. Excluded as an ineligible immigrant due to temporary or undocumented status for refusal to obtain or provide an SSN: The earned and unearned income of these excluded members is counted less the prorated share representing the excluded member(s).
Deductible expenses for these
excluded members is the 20 percent earned income deduction applied to the
prorated earned income attributed to the remaining household members.
8. Cash Gifts: count cash gifts as income if they can be anticipated.
9. Recurring Lump Sums: consider recurring lump sum payments from sources such as insurance policies or sale of property as income when received.
10. All Other Payments: dividends, interests, royalties, proceeds from trust funds, and all other payments (except loans) from any source, that may be construed to be a gain or benefit.
NOTE: Interest paid for savings/checking accounts, etc., must be annualized and budgeted as income. Consider interest as income whether the household receives a direct payment or the interest accrues to the account.
11. Contributions: money paid for expenses directly to the household by a person outside the household.
EXAMPLE: Mrs. B. receives SSI and her son gives her the money to pay her monthly phone bill. The money from the son is counted as unearned income.
On the other hand, if the son pays the money directly to the phone company, exclude the payment as income and consider it a vendor payment.
NOTE: Exclude charitable contributions from non-profit organizations not exceeding $300 per calendar quarter.
12. Proceeds from Trust Funds: monies withdrawn or dividends that are or could be received by a household from trust
the month it is received.
Exclude Agent Orange settlement payments to veterans from Aetna Life and Casualty. Monthly VA benefits issued by the Department of Veterans Affairs as a result of exposure to Agent Orange are considered income.
Other Excluded Income
1. WIC: payments or benefits received under the WIC Program (Special Supplemental Food Program for Women, Infants, and Children).
2. Energy Assistance Payments: exclude only federal energy assistance payments provided through the Department of Health and Human Services, Low Income Energy Assistance Program. Include any payments received from State or local energy assistance programs and Federal or State one-time assistance for weatherization or emergency repair or replacement of heating or cooling devices.
3. Title IV-D Child Support Payments: child support payments received by Temporary Assistance participants that must be transferred to the agency administering Title IV-D, to maintain Temporary Assistance eligibility.
Count DCSE refunds to a Temporary Assistance/FS case as income.
4. Cost of producing self-employed income.
5. Missouri Senior Citizen's Tax Credit: consider a resource when received and disregard as income. The credit is based on individuals who rent or pay property tax. If the household receives this tax credit, the credit does not effect the household's shelter expenses.
6. Exclude income received by participants in projects conducted under Title V Senior Community Service Employment Program (SCSEP) of the Older American's Act, including Green Thumb income. Confer with offices administering programs for the elderly to determine which projects are authorized by Title V.
7. Exclude cash donations from non-profit charitable organizations totalling $300 or less in a calendar quarter.
EXAMPLE: Mr. Stone received $100 in March, $250 in April, and $200 in May from a non-profit organization. The entire $100 in March is excluded since the first calendar quarter total does not exceed $300. The April contribution of $250 is excluded for the second quarter, but only $50 of the May contribution is excluded. The remaining $150 of the May contribution must be budgeted as
8. Foster Care Payments: payments for Foster Care are excluded from household income unless the foster child or adult is included in FS household membership.
9. Wartime Relocation of Civilians payments authorized under Public Law 100-383.
10. Child care paid from Child Care and Development Block Grants (CCDBG) funds, whether paid to the household or to a vendor.
11. Earned Income Tax Credit (EITC) income received as a lump sum or as advance payments. Exclude the payment in the month received and the following month.
12. Child Nutrition Assistance: the value of assistance provided to children under the Child Nutrition Act of 1966 (School Breakfast Program).
13. Radiation Exposure Compensation: payments made under P.L. 101-425, Section 6 (h)(2), the Radiation Exposure Compensation Act of October 15, 1990.
14. PASS Account: money SSI recipients set aside under an approved plan for achieving self-support (PASS). SSA must approve the written plan.
15. Youthbuild Program: exclude payments from the Youthbuild Program to the extent JTPA payments are excluded. The Youthbuild Program comes under Subtitle D-Hope for Youth: Youthbuild of the Housing and Community Development Act of 1992. Public Law 102-550, Section 456 (e) provides an income exclusion through a reference to the Job Training Partnership Act (JTPA).
16. Exclude payments received under the
AmeriCorps Program. The exclusion applies to all payments made under
the AmeriCorps Program except some earnings to individuals who are participating
in an on-the-job training program that is equivalent to those under Section
204(5), Title II, of the Job Training Partnership Act. However, exclude
any payments received under the Summer Youth Employment and Training Program.
Count only on-the-job training payments to youth (other than dependents
under the age of 19 who are under parental control) in year-round programs
and payments to adults. The AmeriCorps Income exclusion is tied to
the JTPA exclusion, therefore, exclude from Food Stamp income payments
under any comparable summer youth employment and training program.
1115.020.00 Anticipating Income
1. The initial certification period normally
begins with the month of application. For the purpose of determining
Also consider any anticipated income the household (and the caseworker) are reasonably certain will be received during the
1. Income from the boarders includes all direct payments to the household for room and meals, including contributions to the household for part of the household's shelter expenses. Shelter expenses paid directly by the boarders to someone outside the household are not counted as income to the household. Such a payment is considered a vendor payment and excluded as income.
2. Cost of doing business. After determining the income received from the boarders, exclude that portion of the boarder payment that is a cost of doing business. The cost of doing business is equal to:
a. the cost of the Thrifty Food Plan for a household size equal to the number of boarders, or
b. the actual documented cost of providing room and meals, if the actual costs exceed the appropriate Thrifty Food Plan.
If the actual costs are used, deduct costs of providing room and meals to boarders. EXAMPLE: The roomer or boarder may live in separate living quarters and utilities for the roomer/boarder may be on separate utility meters, thus utility costs for the roomer/boarder can be verified. Also, it may be possible to verify cost of meals for a boarder if the boarder is on a special diet and the household can present verification of the actual cost of meals provided.
3. Deductible expenses. Include
the net income from self-
1115.070.00 INCOME FROM
1. During the period of time a household member is disqualified or ineligible for failure to obtain or refusal to provide an SSN or due to temporary or undocumented immigrant status, determine eligibility and benefits of any remaining household members as follows.
a. Income: count a pro rata share of the income of the ineligible member as income to the remaining members. Calculate the pro rata share by subtracting the allowable exclusions from the ineligible member's income and dividing the income amount among all the household members, including the ineligible member(s). Count all but the ineligible member(s)'s share as unearned income to the remaining house-
EXAMPLE: Mr. G was disqualified for failure to provide an SSN and reapplied for FS on 3/10. His household consists of his wife and two children and himself. He earns $400 per month, which must be divided by the number of persons in the household (4). Mr. G's pro rata share is $100, not counted as income. The remaining $300 is the pro rata share for the three remaining household members and is counted as unearned income.
b. Deductible expenses: Apply
the 20 percent earned income deduction to the prorated income attributed
to the household if the income was earned income by the ineligible member.
That portion of the household's allowable shelter and dependent care expenses
that are either paid by or billed to the ineligible member are divided
evenly among the household members, including the ineligible member(s).
The pro rata share for the qualified household members is counted as a
dependent care or shelter expense.
c. Eligibility and benefit level: Do not include the ineligible member(s) when: determining the household's size for purposes of assigning an allotment to the household; comparing the household's net monthly income with the income eligibility standards; or comparing the household's resources with the resource eligibility limits.
NOTE: If the disqualified person is the only elderly/ disabled person in the household, both the gross and net income tests apply.
2. During the time a household member is disqualified for an IPV, any work registration/METP sanction, an 18 to 50 work requirement sanction, or being a fleeing felon, probation or parole violator, or conviction of a drug felony, determine eligibility and allotment of any remaining household members as follows:
a. Income: Count all earned or unearned income of the disqualified member in its entirety to the remaining household members.
b. Deductible expenses: The entire household's allowable expenses (including expenses of the disqualified member) continue to apply to the remaining household members. Expenses include the earned income deduction, medical, dependent care and excess shelter deductions.
c. Eligibility and benefit level: Do not include the disqualified member when determining the household's size for purposes of assigning a benefit amount to the household or for purposes of comparing the household's net monthly income with the income eligibility standards.
NOTE: If the disqualified person is the only elderly/disabled person in the household, both the gross and net income tests apply.
d. Ensure no household's benefit increases as a direct result of excluding disqualified household members.
3. During the period of time a household member is ineligible due to immigrant status (other than temporary or undocumented immigrants) determine eligibility and benefits as follows:
a. Income: Exclude all the ineligible immigrant's income.
b. Deductible expenses: Do not allow expenses paid with the ineligible immigrant's income. Allow only expenses actually paid from the eligible household members' income. If the payments cannot be differentiated, allow only the eligible household member's pro rata share.
c. Eligibility and benefit level: Do not include the ineligible immigrant in the number of household members when determining the household's size for the purpose of assigning a benefit amount to the household or for the purpose of comparing the household's gross and net income with the income eligibility standards.
1115.075.00 NON-HOUSEHOLD MEMBERS
Do not consider the income of non-household
members available to the household. Consider cash payments (contributions)
from the non-household member to the household as income. If the
household shares deductible expenses with the non-household member, only
the amount actually paid or contributed by the household is deducted as
a household expense. If the payments or contributions cannot be differentiated,
deduct only the household's pro rata share.
1115.080.00 IM/SSA/SSI NONCOMPLIANCE
Treat income recouped for noncompliance with Temporary Assistance or GR as follows.
1. Households incurring a decrease in income due to penalties imposed by Temporary Assistance, SSI, General Relief or any local means tested public assistance programs for failure to comply with required actions of the program do not receive
an increase in Food Stamp benefits. Use the following guidelines:
a. Situations where benefits are being received from another program and decreased (reduced, terminated or suspended) due to failure to perform a required action.
EXAMPLE: Ms. Lee's household is sanctioned for failing to comply with a requirement of the Temporary Assistance program, which results in a reduction of the Temporary Assistance grant. Food stamp benefits do not increase. Calculate benefits based on the amount of Temporary Assistance income the participant would have received had the penalty not been imposed.
b. This policy does not apply in situations where the case is in application status and the penalty is a denial of benefits. This policy also applies when the case is in active status and the benefits are frozen at the current level.
EXAMPLE: The Temporary Assistance program requires that an unmarried parent identify the child's other parent. If the applicant refuses to provide the information, benefits for the applicant are denied. In this situation, benefits are never received for the applicant so they cannot be decreased.
c. The prohibition against increasing Food Stamps applies for the duration of the penalty imposed by the other assistance program.
d. Calculate Food Stamp benefits using the benefit amount which would have been issued by the other program if no penalty had been applied against that program's benefit amount.
e. Continue to take appropriate
action for changes in household circumstances which are not related to
a penalty imposed by another program.
1115.085.00 INCOME MAINTENANCE GRANTS
a. regular payroll grants (any IM grant that is pulled and reissued is a regular grant), and
b. retroactive IM payments for a current month if anticipated to be received in the budget month. When IM payments are approved at the end of the month, determine if the claimant
will receive the payment in the month of approval. If it is possible to reasonably anticipate the claimant will receive the IM initial payment in the month of approval, budget the payment. If the initial IM payment can be reasonably anticipated to be received in the month following approval, do not include the payment on the budget until the following month.
When an IM retroactive check includes a payment for a prior month and a current month, only budget the portion for the current month.
EXAMPLE: A Temporary Assistance and Food Stamp application from April 25th is approved on June 5th. The Temporary Assistance retroactive check includes the May and June grants. Exclude the May grant as it is for a prior month. Include the June grant in the Food Stamp budget because it is anticipated to be received in the Food Stamp budget month.
When a Notice of Adverse Action is required for the Food Stamp change, the Notice of Adverse Action must expire by the day prior to the system deadline for the Temporary Assistance change to be budgeted.
2. Exclude from income: IM deficiency payments, and IM retroactive
1125.010.05 Initial Applications
1. Screen initial applications for the month of application.
EXAMPLE: An applicant who has not received FS previously applies on 10/25 and states he was laid off from his job yesterday. Determine the applicant's FS eligibility for October. Screen this application for expedited service eligibility for the month of application.
2. Screen for the month subsequent to the month of application for applicants who have received FS benefits in another case or project area or applicants who have received FS benefits and reapplied due to a closing or rejection in the month of application (2nd month cases).
Process applications meeting the 2nd month expedited service eligibility criteria so benefits are issued on the first day of the subsequent month.
EXAMPLES (Cases Screened the Month Following the Month of Application):
a. An applicant applies for FS on 10/10. She received benefits in October in another household. Screen for expedited services on 10/10 for the next subsequent month following the application, November, using income, resources, and shelter costs anticipated for November.
b. An applicant's case is closed
on 9/17, after coupons are issued on the regular payroll. She reapplies
on 9/30. Since the claimant has already been issued benefits for
the month of application, do not determine eligibility for September.
Screen this application on 9/30 for expedited services for the next subsequent
month following the application, October, using income, resources,
and shelter costs anticipated for October.
1125.010.10 Timely/Non-timely Reapplication
Screen for the first month of the recertification.
NOTE: Never consider recertifications
a second month case when determining which month is to be screened
for expedited service qualification.
Income, Resources, and Shelter Costs
Use the following to determine if, for the screening month, the total
household income is less than $150 and resources are less than $100 OR that income and resources are less than shelter costs.
1. Deduct overhead expenses from total income to determine adjusted gross income. EXAMPLE: Subtract the expense of producing income from self-employment, or subtract student expenses from a student loan, grant or scholarship.
NOTE: This does not include standard, medical, shelter, child support, or child care deductions.
2. Do not count (anticipate) income from a new source that has not been received prior to the application, even if the individual is approved for that income, began working, etc.
3. Annualize a self-employed member's income so that only 1/12th of the self-employed gross annual income is used. This gross annual income excludes the expense of producing income.
NOTE: Average income over a 12-month period for the self-employed, including farmers, who receive their annual income in a period of time shorter than one year.
4. Do not include income and resources of non-household members or excluded income and resources.
5. Include only the prorated share of income of household members excluded as ineligible immigrants due to temporary or undocumented status or due to failure to provide a SSN. Include all income of members disqualified for IPV, for non-compliance with work registration components, for failure to comply with the 18 to 50 work requirement, for probation or parole violations, for drug felony convictions or for being a fleeing felon. Include the full amount of income the household would have received from a means tested program (for example: Temporary Assistance) if a household member is penalized for failure to comply with that program's requirements.
6. Use rent or house payment plus the standard utility allowance or claimed actual utility expense to determine shelter costs. Do not include taxes or insurance.
7. Use the standard utility allowance (SUA) or claimed actual utility expense, whichever is greater, when the household is entitled to use the SUA. Do not include past due utility expenses. Use the basic telephone charge or standard telephone allowance, whichever is greater, in determining actual utility expense.
1125.010.20 Destitute Migrant/Seasonal Farm Worker Households
Only migrant or seasonal farm workers are designated as destitute. Evaluate each migrant and seasonal farm worker household to determine
Affidavit of Support Effective After August 1996
Apply the policy under this section when deeming the income and resources of an immigrant's sponsor who signed an affidavit of support with a revision date after August 1996.
1. Deem all of the sponsor's and sponsor's spouse's income and resources in determining an immigrant's eligibility and/or benefit amount, unless the immigrant has worked 40 qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters.
NOTE: Do not deem a sponsor's income and resources to the child of a battered parent.
2. Beginning January 1, 1997, any quarter starting January 1, 1997 or later in which the immigrant received any Federal means-tested public benefit (such as SSI, cash assistance under Temporary Assistance, Medicaid, Food Stamps) is not counted as a qualifying quarter.
3. Stop deeming the sponsor's income and resources when the immigrant:
a. achieves United States citizenship through naturalization or
b. has worked 40 qualifying quarters
of coverage as defined under Title II of the Social Security Act or can
be credited with such qualifying quarters (any quarter after December 31,
1996 in which the immigrant receives a Federal means-tested public benefit
does not count as a qualifying quarter).
1135.030.20 Sponsored Immigrant's Responsibility
The immigrant is responsible for:
1. providing any information or documentation necessary to determine the income and resources of the immigrant's sponsor and the sponsor's spouse;
2. providing the names (or other identifying factors), if needed, of other immigrants for whom the sponsor has signed a support agreement;
3. reporting a change in income during the certification period due to the sponsor or spouse's loss or change of employment or death;