FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1100 - 1110 SUBJECT: SUMMARY
DATE: 5-15-87
1100Introduction
When the caseworker processes a food stamp application or any other case action, certain determinations must be made about the food stamp household.
First -The caseworker must determine that the household resides in the county where the application was submitted and must verify the identity of the person making the applications.
Second -The caseworker must determine that the people listed on the application are in the home and eligible to participate in the Food Stamp Program.
Third -The caseworker must determine if there are people in the home not listed on the application who should be included in the food stamp household.
This section contains the information necessary to make these deter- minations. A synopsis of the information is contained in the summary with detailed instructions following.
1110Summary
The food stamp allotment is based on the number of eligible household members.
The head of the household is a responsible adult or an emancipated minor in whose name an application for food stamps is submitted. The food stamp household, not the county office, designates the head of the household.
The household must be residing in the county where it applies for food stamps (see FSC 1300). There are no restrictions on the duration of residence.
Eligible household members are normally those people who live together and purchase and prepare food together. People who live in the home and are not included in the food stamp household may include disqualified members (see FSC 1623), ineligible members (see FSC 1621 - 1622), boarders (see FSC 1624) and people who have established themselves as a separate household unit. (See FSC 1631 for restrictions on separate households).
Members of some residential facilities such as drug and alcoholic treatment centers, shelters for battered women group living arrangements and shelters for the homeless may participate in the Food Stamp Program (see FSC 1800). No other person living in an institution may participate in the Food Stamp Program. Boarders may not participate in the Food Stamp Program.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1200 - 1300 SUBJECT: DETERMINING RESIDENCY
DATE: 10-1-86
1200Eligibility Factors
An eligibility factor is a requirement that must be met before an application for food stamps may be approved.
Eligibility factors may be applied to entire households (i.e. residency in the county of application) or to individual members (i.e. citizen- ship).
In this section of policy, eligibility factors dealing with households and with individual members of households are discussed. The factors are listed in the order in which they are applied as an application or other case action is processed.
1300Process 1 - Determining Residency
The first eligibility factor to be considered is residency. A house- hold must reside in the county in which its application for food stamp benefits is submitted.
Normally a resident is a person who lives in a structure within the county; however, residency does not require that the household maintain a permanent legal residence (domicile). Also, there is no requirement for a household to have lived in the county for any length of time or even for a household to intend to reside in the county or the state permanently. Thus, eligible households which move frequently may par- ticipate in the Food Stamp Program as long as they reside in the county in which they apply and participate in only one county in a given month.
A fixed residence is not required. For example, campsites used by homeless individuals or migrant farm workers satisfy residency requirements. Since such households may not have a normal or standard mailing address, and to "reside" does not mean having a mailing address, "General Delivery" may be used as the mailing address.
Persons who are visiting in a county for a brief period for recreation- al purposes are vacationers. Vacationers do not meet the residency requirements. Students who return to their permanent home during school breaks and elderly retired individuals who spend a portion of the year with relatives are not vacationing and meet residency requirements. Children who spend the summer months with grandparents, other rela- tives, or friends also meet residency requirements and may participate in the household where they are spending the summer.
NOTE:No individual may participate as a member in more than one county in any month unless:
a.the individual is a resident of a shelter for battered women and children (FSC 1840); or
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1300 - 1320 SUBJECT: HOUSEHOLDS WHICH DO NOT
DATE: 6-1-90 MEET RESIDENCY REQUIREMENTS
b.the individual is being claimed as a member of one household and actually resides in another if the conditions in FSC 11435.1 are met.
1310Action to take if the Household Does Not Meet Residency Requirements
If the household does not reside in the county of application, the application will not be processed. The household must be advised that its application is not considered "filed" and processing does not begin until the application is received in the correct office. The household will be offered the option of taking its application to the correct office or of having its application mailed to the correct office. Whichever option is chosen, the household will be given the address and telephone number of the correct office. The application will either be forwarded to the correct office or provided to the household on the day it is discovered that the application was submitted to the wrong office.
The application will be registered upon receipt in the correct office. Applications registered in the wrong office will be denied as registered in error.
When households mail their applications to the wrong office, the receiving office will mail the application to the correct office on the day of receipt.
When a resident of another state submits an application in Arkansas, the application will be returned to the household and the household will be advised to apply in their state of residence.
See FSC 11446 for action to take when a household which is currently participating in the Food Stamp Program moves to another county or out of the state.
See FSC 8142 for instructions on transferring case records to another county. (Case records are not sent out of the state).
1320Addresses
Each application must contain a complete and correct address because food stamps are issued via mail. It is also essential that the county office know how to locate the household if a home visit, field investi- gation or quality control review is conducted.
The food stamp application contains a space for both the physical address and the mailing address. If the two are different, both addresses must be entered on the application. The mailing address alone will not be sufficient if it does not indicate where the household lives.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1320 - 1330 SUBJECT: VERIFICATION OF RESIDENCY
DATE: 6-1-90
Example 1:If a household's mailing address is a post office box, the street address or rural route and box number where the household actually lives must be indicated.
Example 2:If a household receives its mail at a relative's house due to mail theft, the street address or the rural route and box number where the household actually lives must be indicated.
When the address is on a rural route, explicit directions to the home must appear on the application.
NOTE:If at any time during the application process the caseworker discovers that the household does not reside in the county of application, application processing will stop and the applica- tion will be forwarded to the correct county.
1330Verification of Residency
Verification that an applicant household resides within the county of application will be obtained at initial application and thereafter when information regarding residency is incomplete, inaccurate, inconsistent or outdated. See the Glossary, definition of "Verification" for additional information.
Exception:Verification may be waived when such verification cannot reasonably be accomplished. For example, verification may be waived when the application is submitted by newly arrived households, migrant households, or homeless indi-viduals. A home visit may be in order for such households. See the definition "Verification" in the Glossary, for an explanation of a home visit as a part of the application process.
No specific source of verification of residency is mandated. Verifica- tion may be accomplished by viewing rent receipts, mortgage payment books, utility receipts, or a driver's license if these documents con- tain the applicant's current physical address. Current utility receipts or receipts for utility deposits are preferred. (These items may also serve as verification of identity or expenses). If verification of residency cannot be established through these sources, collateral con- tacts or other readily available documentary evidence which reasonably established the household's residency must be accepted.
Failure or refusal to provide verification of residency will result in denial of the food stamp application for non-expedited households.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1400 - 1500 SUBJECT: VERIFYING IDENTITY/DESIGNA-
DATE: 5-1-93 TION OF CASE HEAD
1400Process 2 - Verifying Identity
The identity of the person making application must be verified at the time of the application interview, and thereafter if information regarding identity is incomplete, inaccurate, inconsistent or outdated. See the Glossary definition of "Verification" for additional information. If an authorized representative (AR) applies on behalf of the household, the identity of both the AR and the head of the household must be verified. Suggested sources of verification of identity are:
1.Driver's license;
2.Birth certificates or similar documents;
3.Work or school identification card;
4.Identification card for health benefits or other assistance;
5.Voter registration card; or
6.Pay check stubs containing the name of the person.
Any documents which reasonably establish the applicant or AR's identity will be accepted. If no documentary evidence is available, a collateral contact with sources such as landlords, neighbors or friends may be used. See the Glossary, definition of "Collateral Contact" for information on the process for selecting a collateral contact.
Failure or refusal to verify identity will result in denial of the food stamp application.
1500Process 3 - Designation of Case Head
When a household makes application for food stamps for the very first time, the case head must be established. After the case head is established, the case will be filed in the county's file under the name of the case head and all notices pertaining to the household's eligibility will be sent to the case head. In the FACTS system the households's case will be maintained under the social security number and name of the member designated as the case head.
The household, not the caseworker, normally designates the case head. It is not necessary that the case head be present for the interview. Any responsible household member may make application and appear for the interview, or the interview may be conducted with an authorized representative.
In no instance will an application be denied solely due to the lack of a responsible adult member to serve as the case head. If a responsible household member is not available to serve as the case head and the household cannot find a relative or friend to serve as an authorized representative, the caseworker will assist the household in completing the application and obtaining the necessary verification.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1500 - 1500 SUBJECT: DESIGNATION OF CASE HEAD
DATE: 5-1-93
Except for ineligible students or members disqualified for intentional program violations (IPV) or for failure to provide an SSN. Only eligible household members will be permitted to serve as the case head. An ineligible alien will be permitted to serve as the case head only if he or she is the only adult household member. When an ineligible household member is designated as the case head, the caseworker must insure the correct member status code is entered in the member segment field (field 7) of WFSM so that member's income will be handled correctly by the system.
The name of the case head will be entered on the Food Stamp Authorization Document (EMS-233) in the field entitled "Casehead Name." The social security number of the case head will be entered on the EMS-233 in the field entitled "Case Number."
Until a change must be made because the case head is no longer in the home or until the household specifically requests a change, the case head will remain the same. This is true even when the household submits an application at a later date with another responsible household member listed on the front of the Food Stamp Application (EMS-220) under "Name of Applicant." Instructions for changing the case head are found in EMSUM 20350.
Automatic recoupments of overissuances are tracked by the case head. See FSC 15700. Therefore, when an overissuance has occurred and the household's case has been referred to the Overpayments Unit for collection, the case head will not be changed unless the case head dies or actually leaves the home.
If the person who is designated as the case head leaves the household while the household is certified to receive food stamps, another responsible household member must sign the application form. See FSC 11435.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1600 - 1600 SUBJECT: DETERMINING HOUSEHOLD
DATE: 10-1-86 COMPOSITION
1600Process 4 - Determining Household Composition
A food stamp household is normally composed of an individual living alone or a group of individuals who live together and who customarily purchase food and prepare meals together. To "customarily purchase and prepare together" means that the household purchases food and prepares meals for home consumption as one unit more than 50% of the time. This includes individuals who intend to purchase and prepare meals for home consumption as a unit but lack the financial means to do so until food stamps are received.
Example:Ms. Jones and her two children moved in with Mrs. Smith who is not related. When Ms. Jones applies for food stamps, she states that she and her children are presently eating all their meals with Ms. Smith because she doesn't have the money to purchase food. She also states that Ms. Smith is willing to let her family stay in her house, but is not willing to continue furnishing her family with food. For this reason, Ms. Jones plans to purchase and prepare food for herself and her children separately from Ms. Smith when she receives her food stamps. Ms. Jones and her children may be considered a household, and if otherwise eligible, the Jones family may receive food stamps.
NOTE:No individual will be allowed to participate in the Food Stamp Program as a member of more than one household in any month unless:
a.the individual is a resident of a shelter for battered women or children (FSC 1840); or
b.the individual is being claimed as a member of one house- hold and actually resides in another if the conditions in FSC 11435.1 are met.
The caseworker must determine if the household composition shown on the application is correct. This is a three-step process.
First -determine if all household members declared on the application are actually living in the home.
Second -determine if all members shown on the application may participate in the Food Stamp Program.
Third -determine if there are other people living in the home who should be included in the food stamp household. These steps are fully explained below.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1610 - 1620 SUBJECT: DETERMINING HOUSEHOLD
COMPOSITION/INDIVIDUAL
DATE: 10-1-88 MEMBERS
1610Step 1 - Determining if all Declared Household Members Actually Live in the Home
The caseworker will carefully review the household members listed on the application.
If the actual presence of any declared member is questionable, verifi- cation of household composition will be requested. Verification of household composition is normally accomplished through collateral contact. See Appendix B, the Glossary, definition of "Collateral Contact."
1620Step 2 - Determining if Individual Members are Eligible to Participate
The caseworker will evaluate each household member listed on the application to determine if that member is eligible to participate in the Food Stamp Program.
The categories of individuals who are not eligible to participate in the Food Stamp Program are listed below.
1.Ineligible Aliens - Individuals who are not United States citizens or eligible aliens. See FSC 1621 for details.
2.Students - Individuals enrolled in an institution of post secondary education. Some students are not eligible to participate in the Food Stamp Program. See FSC 1622.3.
3.Disqualified Individuals - This includes people disqualified for:
a.Intentional Program Violation (IPV). See FSC 15410 for a definition of an IPV.
b.Failure to comply with the Social Security number (SSN) requirement. See FSC 2100 for the SSN requirements.
c.Non-compliance with the workfare requirement. See FSC 3850.
4.Boarders - Individuals to whom a household furnishes lodging and meals. See FSC 1624.
5.Residents of Institutions - See FSC 1800 for a definition of an institution and the exceptions to this rule.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621 - 1621 SUBJECT: ELIGIBILITY BASED ON
DATE: 6-1-91 CITIZENSHIP
1621Determining Eligibility Based on Citizenship
Participation in the Food Stamp Program is limited to residents of the United States who are either a United States citizen or a legally admitted alien in one of the categories listed below. (Each of these categories may be identified by the type of INS document held by the alien. See the chart in FSC 1621.2 for a description of these INS documents.) Other aliens - legal and illegal - are not eligible for food stamps even if they have applied for admission under one of the categories listed below but have not been approved. Aliens here under color of law are not eligible for food stamps but may be found eligible for AFDC.
1.Aliens lawfully admitted for permanent residence as an immigrant. This is defined in Sections 101 (a) (15) and 101 (a) (20) of the Immigration and Nationality Act. Individuals admitted under Section 101(a)(15) are considered non-immigrants and are not eligible for food stamps. These individuals are in this country temporarily as visitors, students, tourists, diplomats, etc.
2.Aliens who entered the United States before January 1, 1972 (or some later date as required by law) and who have continuously maintained residency since then. As a result of an exercise of discretion by the Attorney General pursuant to Section 249 of the Immigration and Nationality Act, these individuals may be considered legally admitted if not ineligible for citizenship. However, aliens lawfully admitted for permanent residence pursuant to section 245A of the Immigration and Nationality Act must be eligible as specified in number 7 or 8 below.
3.Aliens qualified for entry pursuant to Section 207 or 208 of the Immigration and Nationality Act.
4.Aliens granted asylum through an exercise of discretion by the Attorney General pursuant to Section 208 of the Immigration and Nationality Act.
5.Aliens who are lawfully present as a result of an exercise of discretion by the Attorney General. The Attorney General exercises such discretion when there are emergent reasons or when there are reasons deemed strictly in the public interest pursuant to Section 212(d)(5) of the Immigration and Nationality Act. The Attorney General may also grant aliens parole to remain in this county pursuant to this section.
6.Aliens living within the United States to whom the Attorney General has withheld deportation pursuant to Section 243 of the Immigration and Nationality Act.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621 - 1621 SUBJECT: VERIFICATION OF ALIEN'S
DATE: 4-1-92 STATUS
7.Aliens who are defined as aged, blind or disabled in accordance with Section 1614 (a)(1) of the Social Security Act and who are considered to be lawfully admitted for permanent residence pursuant to Section 245A (b)(1) of the Immigration and Nationality Act. Such aliens may obtain permanent resident status under Section 245 (b)(1) of the Immigration and Nationality Act no earlier than November 7, 1988.
8.Aliens who are granted lawful temporary residence pursuant to Section 245A of the Immigration and Nationality Act at least five years prior to applying for food stamps and who subsequently gained lawful permanent resident status pursuant to Section 245A of the Immigration and Nationality Act. Such aliens may obtain temporary residence status no earlier than May 5, 1987.
Exception -The five year ban does not apply to aged, blind or disabled aliens who have been admitted for temporary residence under Section 245A of the Immigration and Nationality Act.
9.Aliens who are, as of June 1, 1987, or thereafter, special agricultural workers and lawfully admitted for temporary residence in accordance with Section 210 (a) of the Immigration and Nationality Act.
10.Aliens who are legally admitted for temporary residence as additional special agricultural workers as of October 1, 1989 through September 30, 1993 in accordance with Section 210A (a) of the Immigration and Nationality Act.
11.Amnesty aliens bearing an I-688, "Temporary Resident Card", coded to show the alien was admitted under Section 210 of the Immigration and Nationality Act. The alien remains eligible until the expiration date stated on the face of the document.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2 - 1621.2 SUBJECT: DOCUMENTATION/VERIFICATION
DATE: 6-1-91 ELIGIBLE ALIEN STATUS
1621.2Documentation and Verification of Status as an Eligible Alien
Each household member identified as an alien must provide documentation that he meets one of the criteria in FSC 1621 and may therefore partici- pate in the Food Stamp Program if otherwise eligible. To determine alien status the household must present documents as specified below.
.Aliens listed in items #1 and 2 of FSC 1620 must present an I-151 or I-551, "Alien Registration Receipt Card" or the "Re-entry Permit," or other documents which identify the alien's immigration status. If an alien presents an I-551, the worker must determine if the alien was admitted under Section 101(a)(20) for permanent residence. If the alien was admitted under Section 101 (a)(20) for permanent residence, the worker must determine if it was pursuant to Section 245A. The I-551 will be coded to indicate 245A, but it will not show "245A". The 245A class codes on the I-551 are W-16, W-26 or W-36. These codes are used only for 245A. If an alien was admitted under 245A, the alien is ineligible for food stamps until 1992 unless the alien is aged, blind or disabled as defined in Section 1614 (a)(1) of the Social Security Act. The worker is responsible for making the determination of as to whether the alien is aged, blind or disabled. Verification of disability is not required unless the disability is questionable.
If an alien has documentation showing that he was admitted in accordance with Section 210 of the Immigration and Nationality Act (INA), the alien is eligible. Beginning December 1989, group one special agricultural workers (SAWs), admitted under Section 210 will be given a code S-16 on the Form 551. Beginning in December 1990, group two SAWs admitted under Section 210 will be given Code S-26 on the Form 551.
An I-551 with a two-year expiration date indicates the alien is married to a U.S. citizen. The alien is given permanent residence status for two years and may participate in the Food Stamp Program during this two-year period if otherwise eligible. If the alien is still married to the citizen at the end of the two-year period, the alien is given indefinite permanent alien status.
.Aliens listed in items #3 through 6 of FSC 1620 must present an I-94, "Arrival-Departure Record", or other documents that are reasonable evidence of the alien's immigration status. If the form is annotated with section 207, 208, 212(d)(5) or 243(h), of the Immigration and Nationality Act or if the form is annotated with any one of the following terms or combination of the following terms: Refugee, parolee, or asylum. If the INS Form I-94 is annotated with any one of letters (A) through (L) then the alien will be ineligible, unless other documentation is provided to prove that the alien is classified as an eligible alien.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2 - 1621.2 SUBJECT: DOCUMENTATION/VERIFICATION
DATE: 8-1-94 ELIGIBLE ALIEN STATUS
If the I-94 does not contain any of the above annotations and the alien has no other verification of alien classification, the worker will advise the alien to submit Form G-641, Application for Verification of Information from Immigration and Naturalization Service Records, to INS.
An alien who presents a G-641 that has been properly annotated by an INS representative to show that the alien has been lawfully admitted for permanent residence or parole for humanitarian reasons will be considered to be an eligible alien.
.Aliens listed in items 7 through 10 of FSC 1620 must present documentation such as, but not limited to, a letter, notice of eligibility, or identification card which clearly identifies that the alien has been granted legal status in one of categories discussed in items 7-10 above.
Amnesty aliens, as listed in item 11, must present an I-688, "Temporary Resident Card", coded to show the alien was admitted under Section 210 of the Immigration and Naturalization Act. If so, the alien may be eligible until the expiration date stated on the face of the document. If the I-688 is coded to show that the alien was admitted under Section 245A of the Immigration and Naturalization Act, the alien is ineligible.
Aliens with an I-688B, "Employment Authorization Card", may or may not be eligible to have their food stamp eligibility considered. I-688B cards have a number of possible codings and only some of these codings denote eligible alien status. The alien will be considered ineligible unless verification of legal alien status is obtained through the SAVE System. An I-688, an I-688A, or an I-688B which is not encoded with the section number under which the alien was admitted may not be used as verification of legal alien status.
"Employment Authorization Cards" such as I-688A and I-689 show only that an alien has applied for admission. They are not acceptable documents to show that a person has been admitted under an eligible section. In addition, Form I-181-B cannot be used as acceptable verification of legal alien status. In general, it is best not to use any "Employment Authorization Card" as sufficient verification of eligibility for food stamp purposes.
The following chart specifies the type of documentation the alien may usually present as documentation of legal alien status.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2 - 1621.2 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 6-1-91 ALIEN STATUS - CHART
REQUIRED DOCUMENTATION OF ALIEN STATUS
Criteria Number INS FORM Description of Document
From FSC NUMBER
Number 1 INS I-151 or Alien Registration Receipt Card
(admitted for permanent INS I-551 Re-entry Permit - a passport booklet for lawful permanent resident aliens or other
residence as an immigrant) such documents which identify the alien's immigration status.
Number 2 Same as Number 1 Same as Number 1 above.
(Entered U.S. before above.
1-1-72 and has
continuously, maintained
residence.)
Number 3 INS I-94 Arrival Departure Record - Must be annotated with Section 203 (a) (7), 207, 208,
(Qualified for entry pur- 212 (d) (5) or 243 (h) of the Immigration and Nationality Act or with any of the
suant to Section 207 or following terms (including any combination of these terms) - refugee, parolee,
208 of the Immigration and paroled or asylum, or other such documents which identify the alien's immigration
Nationality Act) status.
INS I-94's without any annotation or annotated with the letters A-L indicate an
ineligible alien.
G-641 Application for Verification of Information from Immigration and Naturalization
Service Records - If the alien's INS I-94 bears no annotation and the alien does
not have other documentation to verify his or her alien classification, the case-
worker will advise the alien to submit this form to INS. INS must examine the form
and enter an annotation on it before the caseworker may accept it as verification
of alien status. The alien may participate in the food stamp program (if otherwise
eligible) if the annotation indicates lawful admission for permanent residence or
parole for humanitarian purposes.
Number 4 Same as number 3 Same as number 3 above.
(Granted asylum by the above.
Attorney General)
Number 5 Same as number 3 Same as number 3 above.
(Allowed to remain at the above.
discretion of the Attorney
General or paroled due to
an emergency or in the
interest of the public.)
Number 6 Same as number 3 Same as number 3 above.
(Deportation withheld above.
because in the opinion of
the Attorney General, the
alien would be subject to
deportation.)
REQUIRED DOCUMENTATION OF ALIEN STATUS
Criteria Number INS FORM Description of Document
From FSC NUMBER
Number 7 No Specific A letter, notice of eligibility, or identification card which clearly identifies
(aged, blind or disabled) Form Number the alien has been granted legal status in one of those categories.
Number 8 No Specific Same as Number 7 above.
(temporary residents Form Number
pursuant to Section 245A
of the Immigration and
Nationality Act)
Number 9 No Specific Same as Number 7 above.
(Special agricultural Form Number
worker)
Number 10 No Specific Same as number 7 above.
(Additional Special Form Number
agricultural workers for
10/89 - 9/93)
Number 11 I-688 Temporary Resident Card, must be coded to show admission under Section 210 of the
Amnesty Aliens Immigration and Naturalization Act. Alien may participate (if otherwise eligible)
until the expiration date stated on the face of the document.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2 - 1621.2.1 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 6-1-91 ALIEN STATUS
If INS documentation as shown in the chart is not available, the alien may state the reason for lack of this documentation and submit other conclusive evidence of legal alien status. The reason declared by the alien that the required INS form is not available must be documented in the case record. An example of conclusive evidence is a copy of a court order stating that deportation has been withheld under Section 243 (h) of the Immigration and Nationality Act. Receipt of a Social Security Number does not establish citizenship.
If an alien is unable to provide an INS document that clearly indicates either eligible or ineligible alien status, the caseworker must offer to contact INS to obtain the needed information. If the alien does not provide an INS document the worker does not have to offer to contact INS. However, when a Non-INS document is accepted as reasonable evidence of the alien's immigration status a photocopy of the document will be sent to INS for verification. The alien's written consent is not needed to transmit the photocopy to INS. The alien's citizenship status will be based upon the Non-INS document while awaiting verification from INS.
Reasonable acceptable documents must include the alien's name, alien registration or I.D. number.
If no documentation of eligible alien status is provided during the normal processing period, or if the documentation provided is questionable, the alien will be considered ineligible until acceptable documentation is provided. Eligibility may be determined for any remaining household members as instructed in FSC 1621.3.
Verification of alien status is accomplished through the Systematic Alien Verification for Entitlements (SAVE) Program. When an alien provides either INS or Non-INS documentation on his/her legal alien status, the worker must verify such status by accessing the Alien Status Verification Index (ASVI). If verification cannot be obtained from the ASVI then a secondary method will be used.
1621.2.1Verification through ASVI
The ASVI is an automated database containing information on immigration status. This is the primary mode of alien status verification. Procedures describing how to access SAVE are provided in FSC 1621.2.4
Whenever the ASVI is assessed the worker must document the case record to show the date and response received from the system.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2.2 - 1621.2.4 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 12-1-90 ALIEN STATUS
1621.2.2Secondary SAVE Verification
If an alien's status cannot be verified by ASVI, the worker will complete INS Form G-845, and submit along with photocopies of documentation to INS. This process will also be used when there are significant discrepancies between the ASVI data and the information provided by the alien/applicant. A copy of G-845 will be filed in the case record.
See FSC 1621.2.4 for further instructions on the G-845. The worker will not delay, deny, terminate or reduce benefits on the basis of an alien's status while awaiting a response from INS.
1621.2.3Action on Responses from SAVE
If the response from ASVI or INS Form G-845 shows the alien is eligible then the case record will be documented. No further action is necessary.
If the response from ASVI or INS Form G-845 indicates the individual is ineligible the worker will take the appropriate action to close the case. Proper adverse action notices will be issued to the household prior to any adverse action being taken. An individual who is determined to be an ineligible alien will be ineligible to participate in the Food Stamp Program.
1621.2.4Accessing the SAVE System
SAVE will be accessed in two modes. Primary verification mode is accomplished by telephoning the Alien Status Verification Index (ASVI) database. Secondary verification is accomplished by completing INS form G-845. Primary verification will be attempted before secondary verification is used.
Primary verification can be accomplished only by using a touch-tone telephone. The following counties have been identified as not having touch-tone service: Ashley, Clay (Corning office), Cleburne, Dallas, Grant, Lafayette, Little River, Marion, Monroe (Clarendon office), Nevada, Prairie, and Woodruff.These counties were provided a "pocket touch-tone dialer" which is to be used for calls to SAVE. The dialers enable a rotary phone to transmit touch-tone signals.
To access SAVE for primary verification, complete the following steps:
1. Dial the toll-free access number 1-800-365-7620.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2.4 - 1621.2.4 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 12-1-90 ALIEN STATUS
2. The following recorded message will be read:
WELCOME TO THE INS ASVI SYSTEM...various messages...PLEASE ENTER YOUR AUTHORIZATION CODE FOLLOWED BY THE POUND (#) SIGN.
Each county will have one authorization code. A master lists of authorization codes is maintained in Program Development in the event that your code is misplaced.
3.At this time, enter the SAVE authorization code for your county and press the pound (#) sign after the last number. For example: *42*91*21*99999#. (For *, press the star on the telephone keypad.)
4.A second recorded message will be read:
PLEASE ENTER THE ALIEN REGISTRATION NUMBER.
The Alien Registration Number (A-number) is a unique seven- or eight-digit number preceded by the letter "A" assigned by INS to each U.S. immigrant. The number should appear on the alien document presented by the applicant.
5.Enter the A-number. If the number has only seven or eight digits, drop the "A" and precede the alien number with either one or two zeros to fill the nine digits allotted for the alien number in the ASVI system. For example: the A-number A12 345 678 is entered as 012 345 678, and the A-number A1 234 567 is entered as 001 234 567. (When entering a one hundred million series A-number A123 456 789, enter the number exactly as it appears and drop the "A".)
6.If the A-number is found on SAVE, the system will provide the following information:
a. The Alien Registration Number (A-Number)
b. The Verification Number (Number assigned by INS to track
call.)
c. The Last Name (spelled rather than pronounced)
d. The First Name (spelled rather than pronounced)
e. The Birthdate
f. The Status Code
g. The Employment Eligibility Message--Possible messages are:
. Legal Permanent Resident
. Cuban/Haitian Entrant
. Section 245A Temporary Resident
. Section 210 Temporary Verification
. Institute Secondary Verification
. (The first four messages represent valid alien
documents. However, a valid document does not
necessarily indicate eligibility. Refer to
FSC 1621 for program citizenship requirements.)
h. The Country of Birth
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2.4 - 1621.2.4 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 12-1-90 ALIEN STATUS
i. The SSN (or not known)
j. The Alternate ID Number
k. The Date of Entry
LISTEN TO THE ENTIRE MESSAGE and verify the data with the alien's documentation. Note the Employment Eligibility Statement and record the Verification Number in the case record.
If the A-number is not found on SAVE, the system will provide the following information:
a. The Alien Registration Number (A-number)
b. The Verification Number (Number assigned by INS to track call.)
c. The message: INSTITUTE SECONDARY VERIFICATION
Both of the system responses in step 8 offer three options for continuation. The caller may press the number 1 on the telephone keypad and the SAVE message will be repeated by the system.
The caller may press the number 2 on the keypad and input another A-number for a second query to SAVE. The caller may press the number 3 to discontinue the telephone connection.
7.If the caller decides to end the call, the SAVE system will read the following message:
THANK YOU FOR USING THE INS ASVI SYSTEM. HAVE A NICE DAY.
NOTE:It is important that the SAVE authorization code and A-number be entered into SAVE immediately after connection occurs. If the caller realized that he has inadvertently entered the wrong A-number, he may press 2 on the keypad at any time to receive a prompt for a new number. Likewise, the caller may disconnect at any time during the call by entering a 3. Long periods of inactivity will increase the cost of the call which may cause the caller to be disconnected from the system. When this occurs, hang up the telephone and redial later to perform the query session. The system may not be able to readmit a specific authorization code for several minutes between calls.
To access SAVE for secondary verification complete the upper portion of INS form G-845. SAVE will be accessed for secondary verification when:
1.Primary verification results in the message: INSTITUTE SECONDARY VERIFICATION.
2.Any of the items presented as documentation appears to be counterfeit or altered.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.2.4 - 1621.2.4 SUBJECT: VERIFICATION OF ELIGIBLE
DATE: 12-1-90 ALIEN STATUS
3.An alien presents unfamiliar INS documentation, or a document that indicates immigration status, but does not contain an A-number.
4.The document contains an A-number in the A80 000 000 series. This range is used for illegal border crossings.
5.The document presented is a Fee Receipt (form I-689) or Employment Authorization Care (Form I-688A). Note that these documents will always contain A-number in the A90 000 000 series. This range is used for participants in the legalization (amnesty) and Special Agricultural Workers (SAW) programs.
6.The document presented is any other form of INS Receipt.
7.The document presented is a Memorandum of Creation of Record for Lawful Permanent Resident (Form I-181) or an Arrival-Departure Record Form (I-94) in a foreign passport that bears the endorsement "Processed for I-55a, Temporary Evidence of Lawful Permanent Residence", and that I-181 or I-94 is over one year old.
The G-845 form must be accompanied by photocopies of the original immigration documents. An INS Consent of Disclosure Statement with an original signature must accompany the G-845 when the alien meets the conditions in number 6 above. The Consent of Disclosure must be signed by the alien. Adults may sign for children. The G-845 form and accompanying documentation are to be mailed to:
Immigration & Naturalization Service
ATTN: Status Verifier/SAVE
245 Wagner Place, Suite 250
Memphis, TN 38103
INS will respond to the Secondary Verification request generally within 10 days and will check all appropriate statements on the lower half of G-845 to indicate the applicant's immigration status. A determination of eligibility will not be delayed solely awaiting the INS response.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.3 - 1621.3 SUBJECT: INELIGIBLE ALIENS/HANDLING
DATE: 4-1-92 RESOURCES AND INCOME
1621.3Handling the Resources and Income of Ineligible Aliens
The resources of ineligible aliens will be counted in their entirety when eligibility is determined. A pro rata share of the ineligible alien's income will be counted in the food stamp budget. The instructions for calculating a pro rata share of the income and including it in a budget follow.
1.Complete the ineligible alien's gross countable income and enter it on the member page of the EMS-233.
2.Divide the gross income evenly among all members including the ineligible alien and multiply the prorata share times the number of eligible members. Enter the total for the eligible members on the case page.
*The 20 percent earned income deduction will apply to the prorated earned income of ineligible members included in the budget.
Expenses such as shelter costs or dependent care costs will be allowed in their entirety unless the ineligible alien incurs part or all of the expense. If the ineligible alien incurs part or all of any expense, the expense will be prorated by dividing the expense among all household members including the ineligible alien and multiplying the per-member amount by the number of eligible household members. Each expense will be prorated individually. If the household has elected to use the utility standard and the ineligible alien incurs part or all of the expense entitling the household to the standard, the standard will be prorated. (When the standard is prorated, code "A" will be used in field 63 of the EMS-233, Food Stamp Authorization Document).
Uncapped shelter costs will not be allowed if the disqualified member is the only aged/disabled individual in the household. If the household does remain entitled to the uncapped shelter, prorated shelter cost must be used to determine the full shelter deduction. Medical expenses incurred by a disqualified aged/disabled member will not be allowed.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.3 - 1621.4 SUBJECT: REPORTING ILLEGAL ALIENS
DATE: 11-1-89
Do not include ineligible aliens when determining eligibility or food stamp allotment.
Example:There are five members of the household. One member is awaiting documentation of eligible alien status. His monthly income is $600. There are no exclusions. To calculate the pro rata amount divide $600 by 5 (the total number of household members) for a result of $120. $120 will be multiplied by 4 (the number of eligible members) for a result of $480. $480 will be included in the food stamp budget as income.
The ineligible alien pays all of the utility expenses. The household has elected to use the utility standard. The standard is $139. To calculate the pro rata amount of the standard, divide $139 by 5 for a result of $27.80. Multiply 27.80 times 4 for a result of $111.20. $111.20 will be used as the utility standard in the household's budget.
The caseworker must allow applicant aliens a reasonable opportunity to provide acceptable documentation of their eligible alien status prior to the 30th day following the date of application. A reasonable opportunity is at least 10 days from the date of request for an acceptable document. An alien who has been given a reasonable opportunity to submit acceptable documentation and has not done so by the 30th day following the date of application will not be certified for benefits until acceptable documentation has been submitted. If the 10-day "reasonable opportunity" period does not lapse before the 30th day following the date of application the household will be provided benefits no later than 30 days following the date of application, provided the household is otherwise eligible.
If documentation of eligible alien status is received after certification, the alien will be added to the household within ten days of the date documentation is received.
If all household members are awaiting documentation of eligible alien status, the application will be denied at the end of the normal processing period as specified in FSC 8500.
1621.4Reporting Illegal Aliens
The county office will immediately inform the Immigration and Naturalization office when any member of a household is ineligible to participate in the Food Stamp Program because he or she is present in the United States in violation of the Immigration and Nationality Act.
To report illegal aliens in the state of Arkansas send a letter to:
Border Patrol
805 West 29th
North Little Rock, AR 72114
(Telephone - 378-5501)
Include all pertinent information - i.e. name, address, telephone number, and name of employer if known.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.5 - 1621.5 SUBJECT: SPONSORED ALIENS
DATE: 10-1-86
1621.5Sponsored Aliens
Sponsored aliens are aliens lawfully admitted into the United States who are sponsored by a citizen for the three-year period required to become a legal resident.
There are special procedures for some sponsored aliens under which a portion of the sponsor's income and resources are considered available to the alien. These are called deeming procedures.
Sponsored aliens who are exempt from income and resource deeming procedures are listed below.
1.An alien participating in the Food Stamp Program as a member of the sponsor's household.
2.An alien whose sponsor participates in the Food Stamp Program as a member of a household separate and apart from the alien's household.
3.An alien who is sponsored by an organization or group rather than an individual.
4.An alien such as a Cuban or Haitian entrant who is not required to have a sponsor under the Immigration and Nationality Act (INA).
The sponsored alien must provide verification of the following information upon application for food stamps:
1.His date of birth, place of birth, and INS registration number;
2.The date of his entry or admission to the United States to become a lawful permanent resident; and
3.The INA provision under which he was admitted.
At each initial application and at each application for recertification afterward, the sponsored alien must provide verification of the following information:
a.The name, address and telephone number of the sponsor;
b.The resources and income of the sponsor and the sponsor's spouse (if the sponsor and the sponsor's spouse are living together);
c.The number of aliens the sponsor is currently sponsoring; and
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.5 - 1621.6 SUBJECT: DEEMING PROCEDURES FOR
DATE: 10-1-86 SPONSORED ALIENS
d.The number of dependents claimed by the sponsor for Federal income tax purposes including any dependents living outside the sponsor's household or any individuals living outside the sponsor's household who could be claimed as a dependent.
This information will be used in the deeming procedures described below.
1621.6Deeming Procedures
Deeming procedures are used to determine the amount of the sponsor's resources and income to be used in the food stamp budget of the spon- sored alien's household. The amount determined as deemed income and resources will continue to be used in the household's budget for the entire deeming period which lasts three years from the alien's date of entry into the United States.
To determine the amount of deemed resources, complete the following actions:
1.Determine the sponsor's total countable resources using FSC 7400 as a guideline. Include the resources of the sponsor's spouse if the sponsor and his spouse are living together.
2.Reduce the sponsor's total countable resources by $1,500.
Example:A sponsor reports the following resources:
$ 500 checking account
$ 1000 savings account
1983 Chevrolet Caprice, Red Book value = $5,675 - $4,500 =
$1,175 resource value
Total resources are:
Vehicle $1,175
Bank Accts. $1,500
$2,675
- $1,500 reduction
$1,175 will be counted as a resource in the alien's budget
3.Add the sponsor's deemed resources to any resources declared by the alien's household.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.6 - 1621.6 SUBJECT: DEEMING PROCEDURES FOR
DATE: 10-1-86 SPONSORED ALIENS
4.Compare the total resources (the deemed portion of the sponsor's resources and the resources declared by the alien's household) to the maximum resource limits. They are: a) $2,000 for households without a member age 60 or older; and b) $3,000 for all households with at least one member age 60 or older. (This includes one-person households.)
5.Deny the application if the household's total resources exceed the appropriate maximum resource limit.
If the sponsored alien's household is eligible based upon resources, determine the amount of the sponsor's non-excluded income to be deemed by completing the following actions:
1.Determine the sponsor's total gross monthly earned income. Include net self-employment income. Include the earned income of the sponsor's spouse if the sponsor and his spouse are living together. (This income must be included even if the sponsor and spouse are not married at the time the agreement to sponsor was signed.) To determine gross monthly income, follow the instructions in FSC 7500.
2.Calculate the earned income deduction and subtract it from the sponsor's gross earned income. (See Appendix D for the current percentage used to calculate the earned income deduction.) The result is the sponsor's net earned income.
3.Add together all the unearned income of the sponsor and his or her spouse. Do not include income excluded under FSC 5400. The result is the sponsor's total unearned income.
4.Add together the sponsor's net earned income and total unearned income. The result is the sponsor's net income.
5.Subtract from the sponsor's net income the maximum gross food stamp income allowable for the sponsor's correct household size. To determine the sponsor's correct household size include all individuals who could be or who are claimed as tax dependents even those not actually living with the sponsor.
6.Use the resulting amount as unearned income in the sponsored alien's food stamp budget. (If the sponsor actually provides money to the sponsored alien, any amount of the money actually provided which is in excess of the deemed income amount will be shown in the alien's food stamp budget in addition to the deemed income.)
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.6 - 1621.6 SUBJECT: DEEMING PROCEDURES FOR
DATE: 10-1-86 SPONSORED ALIENS
Example:Sponsor's income: $1,020 earnings
$ 350 VA
Spouse's income: $ 780 earnings
Household size: 6
$1,020 earnings
+ 780 earnings
$1,800 total earnings
X 18%
$ 324 earned income deduction
$1,800 total earnings
- 324 earned income deduction
$1,476 net earned income
+ 350 total unearned income
$1,826 net income
-1,544 maximum gross income allowable for HH of 6
$ 282 sponsor's deemed income
NOTE:The percentage used to calculate the earned income deduction and maximum gross food stamp income in this example in use as of 1/1/86. For the current earned income deduction percentage, see Appendix D. For the current maximum gross food stamp allowable, see the "Exhibit A, Food Stamp Basis of Issuance Charts".
If the sponsor is sponsoring more than one alien, the deemed income will be prorated among the aliens who have applied to participate or who are actually participating in the Food Stamp Program.
Example:The sponsor's deemed income is $282. He sponsors two aliens both of whom participate in the Food Stamp Program. $282 deemed income - 2 = $141 deemed income to be shown in each budget.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.7 - 1621.8 SUBJECT: CHANGES IN SPONSORED ALIEN
DATE: 10-1-86 INFORMATION
1621.7Changes in Sponsors
When an alien loses his sponsor during the three-year deeming period, the deemed income and resources of the previous sponsor will continue to be counted in the budget of the household containing the alien. This is true until the alien obtains another sponsor or the three-year deeming period lapses.
Should an alien's sponsor die during the three-year deeming period, the deemed income and resources will no longer be counted in the food stamp budget even if the sponsor has an estate and a surviving spouse. The alien's household must report the death of a sponsor to the county office within 10 days of the death.
If the alien changes sponsors during the certification period, he must report the change to the county office within ten days and verify the following information regarding the new sponsor:
a.Name, address and telephone number;
b.Resources and income;
c.Number of aliens being sponsored; and
d.Number of dependents which are claimed or which could be claimed for income tax purposes.
Within ten days of the report, the alien's eligibility will be redeter- mined based upon the new sponsor's deemed income and resources. If the action adversely affects the alien (i.e. closes his case or reduces his allotment), a notice of adverse action, SS-1, must be issued at least ten days before the effective date of action.
1621.8Reporting Changes in Sponsor's Income
The sponsored alien must report to the county office the following changes in the sponsor's and spouse's income within ten days of the day the change becomes known.
1.Changes in employment.
2.Loss of employment.
3.Acceptance of new employment.
The deemed income must be recalculated within 10 days to reflect these changes.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.8 - 1621.9 SUBJECT: VERIFICATION OF THE
DATE: 10-1-86 SPONSORS INCOME
If the reported change results in a decrease in the allotment or case closure, a notice of adverse action (SS-1) must be issued at least 10 days before the effective day of the action unless the report met all the criteria specified in FSC 1310.
Verification of reported changes in the sponsor or spouse's income will be handled as specified in FSC 11415.
1621.9Obtaining Verification From the Sponsor
It is the alien's responsibility to obtain the sponsor's cooperation in providing the required verification of the sponsor's income, resources, tax dependents, the number of aliens sponsored, and reported changes in income.
When the caseworker cannot determine the sponsor's income and/or resources due to lack of information or verification, the ineligible alien will be disqualified. The alien's application will be held through the normal processing period (see FSC 8500) while awaiting this information. If it is not provided by the end of the processing period, disregard the sponsor's income and resources and disqualify the alien by:
a.Removing the alien from the food stamp budget and placing a code 6 in field 36 of the EMS-233T, Food Stamp Authorization Document;
b.Counting all of the alien's resources available to the household;
c.Prorating the alien's income and expenses as described in FSC 1621.5; and
d.Calculating a new food stamp budget to determine the eligibility and/or food stamp allotment for the remaining eligible members.
NOTE:If the disqualified alien is the only household member, the application will be denied.
If later in the certification period the disqualified alien presents the necessary verification, proceed as follows:
1.Calculate the portion of the sponsor's income and resources to be deemed to the alien as instructed in FSC 1621.6;
2.Recalculate the household's food stamp budget. Add the sponsor's deemed income. Substitute the full amount of the alien's income for the prorated amount; and
3.Issue a notice of adverse action (SS-1), at least 10 days before the effective date of action if the alien's case will be closed or his food stamp allotment will be reduced as a result.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1621.9 - 1622 SUBJECT: NOTICES TO SPONSORED ALIENS/
OVERISSUANCES IN SPONSORED
DATE: 9-1-89 ALIEN HOUSEHOLDS
These actions will be taken within ten days of the day the required verification was provided by the alien.
1621.10Notices
All approval and denial notices to households containing sponsored aliens must be issued manually. Such notices will contain, in addition to all mandatory information, the amount of the sponsor's income and resources which has been deemed to the alien.
When an application for a household containing a sponsored alien is approved, a letter will be sent to the sponsor.
Sample
The household of has been certified for participa- tion in the Food Stamp Program. Eligibility in the program is based upon financial information provided by you and/or your spouse.
Please be advised that you and/or your spouse may be held liable for repayment of any overissuances of coupons resulting from incorrect information that you furnished.
Any letter drafted by the county must contain all information contained in the sample.
1621.11Overissuances Resulting From Incorrect Sponsor Information
DEMS will hold both the sponsor and the alien liable for incorrect information resulting in an overpayment claim, unless the sponsor can prove to be without fault or the sponsor had good cause. If the sponsor can show good cause for the incorrect information, the claim will be filed against the alien or the alien's household. If the sponsor is found to be at fault, the claim will be filed against the party most likely to repay. If that cannot be determined, the worker will file a claim against both the sponsor and the alien. If fraud is suspected, the case will be referred to the Fraud Unit for investigation.
Sponsors against whom a claim has been filed are entitled to a Fair Hearing. See FSC 16310 for instructions on requesting a Fair Hearing.
1622Determining Eligibility of Students
In the Food Stamp Program, a household member who is enrolled in an institution of higher education or an institution of post secondary education is considered to be a student. Some students are eligible to participate in the Food Stamp Program and others are not.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622 - 1622 SUBJECT: DETERMINING STUDENT STATUS
DATE: 8-1-94
The following students may participate in the Food Stamp Program if otherwise eligible.
.People attending high school or high school equivalency courses.
.People enrolled part time or full time in recognized schools or training programs which are not institutions of higher education.
.People participating in an on-the-job training program. A person is only considered to be participating in on-the-job training during the period he is being trained by the employer. During the period the person is attending classes, he would have to be otherwise classified as an eligible student to participate in the Food Stamp Program.
For example, a person is in a program which requires him to attend classes for 10 weeks and then be trained by an employer for 10 weeks. During the first 10 week period, the person would be classified as an ineligible student unless he was classified as an eligible student for some other reason.
The following students may participate in the Food Stamp Program if otherwise eligible even if they are attending institutions of higher education.
.People age 17 or younger.
.People age 50 or older.
.People who are physically or mentally disabled as defined in the Glossary, under "Aged/Disabled", or as verified by a statement from a physician or other health professional, or whose educational expenses are partially or fully covered by funds from Rehabilitative Services.
Other students who attend institutions of higher education may participate in the Food Stamp Program only if they meet at least one of the criteria in FSC 1623.3 and are otherwise eligible.
Students who are not eligible to participate in the Food Stamp Program are excluded as household members. If otherwise eligible, the rest of the student's household may participate in the Program. See FSC 1622.9. If a household is composed solely of ineligible students, the applica-tion will be denied or the case will be closed. FSC 11300 contains general instructions for closing cases and providing notices. FSC 3290 explains work registration for eligible students.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.1 - 1622.1 SUBJECT: EDUCATIONAL INSTITUTION
DATE: 8-1-94
1622.1Educational Institution
An institution of post secondary education is any public or private educational institution which admits persons who are beyond the age of compulsory school attendance. The age of compulsory school attendance is set by the state in which the institution is located. Such institutions must be legally authorized or recognized by the state of location or must provide a program of training which prepares students for gainful employment.
A student is considered to be enrolled in an institution of higher education if he or she is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a diploma is required. A college includes a junior, community, two-year, or four-year college or a university. A person who is attending a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum is also enrolled in an institution of higher education.
Business, trade, and vocational schools are considered institutions of higher education if they normally require a high school diploma or equivalency certificate for enrollment. In some of these schools, individuals may choose among several more courses which provide practical skills. Some of these courses do require a diploma or the equivalent to enroll while others do not. Those enrolled in a curriculum for which a diploma is required are considered to be enrolled in an institution of higher education.
"Normally requires" means a person is required to have a high school diploma or equivalency certificate, but if the person does not have either, he may be enrolled by passing a special entrance examination. If a high school diploma or equivalency certificate is only required prior to completion of course work, as opposed to required for enrollment, students are not considered to be attending an institution of higher education. In addition, programs designed to help a person pass the General Education Diploma (GED) test do not qualify the person as attending an institution of higher education.
Enrollment in an educational institution begins with the first day of the school term. This is the day that classes actually begin. Enrollment will be considered to continue through normal periods of class attendance and also through periods of vacation and recess. Enrollment ends when the individual graduates, is expelled, withdraws from school, or states that he does not intend to register for the next normal school term, excluding summer school.
When it is necessary to determine half-time enrollment (see FSC 1622.3), half-time enrollment will be defined by the educational institution where the student is enrolled.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.2 - 1622.2 SUBJECT: STUDENT CRITERIA
DATE: 8-1-94
1622.2Applying the Student Criteria
Household members enrolled at least one-half time in an institution of higher education who are at least age 18 but no older than the age 50 and physically and mentally fit must meet at least one of the criteria listed in this section. (See FSC 1622.) If not, these members will be considered ineligible students.
Criteria 1 - Employment
The student must be employed for a minimum of 20 hours per week at any rate of pay and be paid for such employment. If self-employed, the student must actually work for a minimum of 20 hours per week and must receive weekly earnings at least equal to the Federal Minimum Wage multiplied by 20 hours.
Example:John Q. Student is enrolled in U.A.L.R. He works at a grocery store three hours a day Monday through Friday and five hours on Saturday. He is an eligible student.
Criteria 2 - Work Study
The student must be approved to participate in a state or federally financed work study program.
Example:Jane Q. Student is enrolled at U.A.L.R. She is employed in the school library for 10 hours each week under a state funded work study program. She is an eligible student.
The student must be approved for the work study program at the time of application even though he or she may not actually be working at that time. A student who is approved for work study at the time of application and anticipates starting a job later in the school year is an eligible student. Eligible student status will begin the month in which the school term begins or the month work study is approved, whichever is later. Once begun, the student's status as an eligible student continues until the end of the month in which the school term ends or it becomes known the student has refused an assignment. A student who has stopped working during the school year because the work study funding has run out would continue to be classified as an eligible student.
Eligible student status will also be granted to full time students participating in the work incentive program under Title IV of the Social Security Act or its Successors.
Criteria 3 - Students with - Child Under Age Six
The student must be responsible for the care of a dependent household member under the age of six. If there are two parents enrolled in school, the individual who provides the majority of the actual care of the child will be considered the eligible student.
Example:Mr. and Mrs. Joe Clay, who are both enrolled at U.A.L.R., have a three year old child. Neither of the Clays work. They have arranged their class schedule so that one or the other will always be at home with the child. However, during the course
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.2 - 1622.2 SUBJECT: STUDENT CRITERIA
DATE: 5-1-93
of the interview, Mr. and Mrs. Clay agree that Mrs. Clay provides the majority of the actual care for the dependent child. Therefore, Mrs. Clay is an eligible student, but Mr. Clay is not.
NOTE:If it cannot be determined which parent provides the majority of the actual care of the child, determine which parent provides the majority of financial support to the child. If neither the majority of the actual care nor majority of the financial support can be determined, the household may choose which parent will be classified as an eligible student.
Criteria 4 - Students With - Child Age Six or Over But Less Than Age 12
Eligible student status will be granted to students who responsible for the care of a child above the age of 5 but under age 12 when adequate child care is not available to enable the student to attend class and also to work at least 20 hours per week or to participate in a state or federal work study program. A household's statements about the availability of child care will be accepted.
Also, eligible student status will be granted to full time students enrolled in an institution of higher education if that student is single with the responsibility for the care of a dependent child under age 12 regardless of the availability of adequate child care. For the purpose of this provision, a single parent will be an unmarried or divorced parent of a child under age 12.
This provision applies where only one natural, adoptive or stepparent, regardless of marital status, is in the same food stamp household as the child. For example, if one natural parent and a stepparent are living with the child, neither the natural parent nor the stepparent could qualify for the student exemption. A full-time student who is not living with a spouse may claim the single parent exemption if he or she has parental control of a child and no parent (natural, adoptive or step) lives with that child.
Criteria 5 - Included in an AFDC Grant
The student must be included in an AFDC grant.
Example 1:Ms. Smith is enrolled at a local junior college as a freshman. She has two children ages 8 and 10. She is the payee for an AFDC grant for her two children, but is not included in the grant due to non-cooperation with the Child Support Enforcement Unit. She is not an eligible student.
Example 2:Ms. Jones is enrolled at the same college. She is also a freshman and the payee for her two children ages 9 and 10. She is, however, included in the grant and is, therefore, an eligible student.
Example 3:Ms. Green is enrolled at U.A.P.B. She has two children ages 13 and 14. She has applied for AFDC. She is not currently an eligible student; however, she will be an
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.2 - 1622.2 SUBJECT: STUDENT CRITERIA
DATE: 5-1-93
eligible student if her AFDC application is approved and she is included in the grant.
Criteria 6 - Job Training Partnership Act (JTPA)
Eligible student status will be granted to students assigned to or placed in an institution of higher education through or in compliance with the following:
.A program under the Job Training Partnership Act of 1974 (JTPA);
.An Employment and Training (E&T) Program under the Food Stamp Act,
.A program under the Section 236 of the Trade Act of 1974, (the Trade Adjustment Assistance Program administered by ESD); or
.A program operated by a state of local government for the purpose of employment and training as determined to be appropriate by FNC.
.The JOBS Program under Title IV of the Social Security Act.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Each of the criteria is applied separately. Had Ms. Smith in example 1, criteria 5, been working 20 hours per week she would have been an eligible student even though she was not included in the AFDC grant.
An individual's status as an eligible or an ineligible student changes as his or her situation changes. For example, if an individual who was determined to be an ineligible student begins working at least 20 hours per week, then that individual becomes an eligible student and may participate in the Food Stamp Program.
Conversely, that same individual will be considered an ineligible student and removed from the Food Stamp Program if he or she loses that job and does not meet another eligible student criteria.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.3 - 1622.3 SUBJECT: EDUCATIONAL INCOME
DATE: 8-1-94
1622.3Educational Income
Educational income is financial assistance received by students from sources such as, but not limited to, the following sources.
1.Programs authorized under title IV of the Higher Education Act.
2.Programs authorized under the bureau of Indian Affairs (BIA) Student Assistance Programs.
3.Programs authorized under the Carl D. Perkins Vocational Education Act.
4.Jobs Training Partnership Act (JTPA)
5.Scholarships or other grants funded through private and publicly funded education programs.
Educational income funded either in whole or in part under Title IV of the Higher Education Act will be excluded entirely as income and as a resource. See FSC 1622.4, Chart 1, for a list of programs authorized under Title IV of the Higher Education Act.
Education or training assistance funded either in whole or in part under any BIA Student Assistance Program will be excluded entirely as income and as a resource. See FSC 1624.4, Chart 2, for a list of programs funded as a BIA Student Assistance Program.
Except for certain types of on the job training payments, income received under the Jobs Training Partnership Act (JTPA) is excluded entirely. See FSC 5405, item 6, for a full explanation of the treatment of funds received through JTPA.)
Other types of educational income are listed below. (This list is not intended to be all-inclusive.)
1.Educational income authorized under the Carl D. Perkins Vocational Educational Act, Section 501, 507 and 701. See FSC 1622.7, Chart 3 for a full list of income paid under the Perkins Act.
(This does not apply to Federal Perkins Loans authorized under Part E of Title IV of the Higher Education Act. These loans will be excluded entirely as income and as a resource.)
2.Publicly and privately funded scholarships. This includes scholarships awarded under the Arkansas Single Parent Scholarship Program.
3.State and federally funded work study programs and fellowships not paid under Title IV.
4.VA student benefits.
This income will be excluded to the extent it meets both the conditions shown below.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.3 - 1622.3 SUBJECT: EDUCATIONAL INCOME
DATE: 8-1-94
First, the income must be awarded to a person enrolled at a recognized institution of post-secondary education, (including any institutions of higher education), at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or its equivalent (GED).
Second, the income exclusion will be limited to the portion of the income used for allowable educational costs.
Allowable educational costs are listed below.
Tuition.
Mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study involved).
Books
Supplies.
Transportation.
Miscellaneous personal expenses (other than living expenses) of the student incidental to attending such school, institution, or program.
Origination fees and insurance premiums on educational loans.
The exclusion will be based on amounts earmarked as made available by the institution, school, program or other grantor for an allowable educational cost. If educational assistance is not earmarked for specific educational costs, students may verify the amounts actually used from the assistance for allowable educational costs. The actual verified costs will be excluded from the educational assistance.
Should a student's actual allowable educational costs exceed the earmarked amount, the student will be allowed to verify the actual costs. The actual verified costs will be excluded from the educational assistance.
Ordinary living expenses such as room and board, food other than board, rent and personal hygiene items will not be excluded as an allowable educational cost. Amounts actually used by the student from educational income for normal living expenses will not be excluded as an educational costs.
Dependent care will be excludable from student income only to the extent it is earmarked by the institution, school, program or other grantor for that expense. Other dependent care costs paid by eligible students will be deductible as explained in FSC 6400.
Student households are specifically prohibited from receiving a deduction for any portion of an expense which has been an allowable educational cost and excluded from educational income as such.
A reimbursement received by a student will be excluded when both conditions below are met.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.3 - 1622.4 SUBJECT: MULTIPLE EXCLUSIONS
DATE: 8-1-94
Condition A -The assistance is received from a non-federal source (state, local or private) such as, but not limited to, educational grants, scholarships or veteran's programs.
Condition B -The assistance is specifically earmarked by the grantor for educational expenses such as travel or books, but not for living expenses such as food, rent or clothing. (Reimbursements provided for normal living expenses will not be excluded as an allowable educational cost.)
If the reimbursement does not meet both criteria, then no portion may be excluded as a reimbursement. However, all allowable educational costs may be excluded.
1622.4Multiple Exclusions
In some situations students may obtain educational assistance from multiple sources. In these situations multiple exclusions will be allowed when two or more income sources are specifically earmarked for the same allowable educational cost. When educational income is specifically earmarked for a particular cost, it does not matter whether the grants were actually used to pay part of all of the allowable cost or whether the amounts earmarked for the cost exceed the actual cost.
EXAMPLE -A student receives two or grants that are not totally excluded and are earmarked by the school for tuition. The amounts earmarked for tuition must be excluded from each grant.
Also, a student may be allowed a multiple exclusion when the cost is earmarked in one source of educational income, but is actually paid from another source of educational income. The cost will be excluded from the source actually used to pay the expense.
NOTE:When the school, program, or other grantor actually applies one source of educational income against an allowable cost (e.g., tuition costs withheld from a PELL grant), the student will not be allowed to claim an exclusion for actually paying that cost from another source of educational income.
A student may receive several grants which are not totally excluded. Some of these grants may be earmarked and others may not. In these situations, the amounts earmarked for allowable educational costs will be excluded. If the student claims he or she actually used the non-earmarked income to actually pay an allowable educational cost, this cost will be excluded as well. However, if it is clear that the earmarked funds were actually used to pay the educational cost in question (e.g., the school withheld the funds before issuing the income to the student), this educational cost will not be excluded from another source of educational income.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.4 - 1622.6 SUBJECT: WORK-STUDY/VERIFICATION
DATE: 8-1-94
EXAMPLE -A student receives a federal grant that is not totally excludable and two state grants. Tuition is earmarked in the federal grant and in one state grant but not the other. The student claims to have paid tuition costs from the state grant which was not earmarked.
The caseworker finds that the amount needed to pay the tuition was withheld from the federal grant before the funds were disbursed to the student. The cost of the tuition will be excluded from the federal grant and the earmarked state grant. It will not be excluded from the other state grant.
1622.5Work-Study Income / Fellowships
Work study income paid in whole or in part under Title IV of the Higher Education Act or under a BIA Student Assistance Program will be totally excluded as income and as a resource. Work study income or income from fellowships paid under other federal and/or state programs will be subject to the same education income exclusions as other educational assistance. Any amount remaining after the allowable exclusions is subject to the earned income deduction.
To determine the amount of countable work study or fellowships income, the worker will anticipate the work study income for the appropriate quarter, semester or year. The allowable educational costs will be excluded, and the remainder will be prorated over the quarter, semester or year, as appropriate.
EXAMPLE -A student receives an award letter in August. Work study has been approved for a maximum of $1,500 for the fall semester - August through December. The student plans to work the maximum amount. The allowable educational costs to be excluded are $1,000. The worker will subtract $1,000 educational costs from $1,500 leaving $500 countable work study income. $500 divided by 5 months equals $100 monthly earned income. A 20% earned income deduction will be applied to the monthly earned income.
1622.6Verification of Educational Income
The household which contains the eligible student will be primarily responsible for obtaining verification of all factors relating to educational income and expenses. The student must verify the type of educational income received.
If the income is not to be excluded entirely, the student must also verify the total amount of educational income received and the educational costs. Acceptable sources of verification of educational costs could include school budget sheets, receipts, collateral contacts or other forms of reasonable verification. In some instances, the student may not be able to present identifiable receipts for each and every expense. In this case, the caseworker may accept the student's statement about the expense if the statement seems reasonable.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.6 - 1622.7 SUBJECT: COUNTABLE EDUCATIONAL
DATE: 8-1-94 INCOME
EXAMPLE -A student uses public transportation to and from school. The costs for transportation may be based on public transportation rate charts.
The Arkansas Association of Student Financial Directors has developed a form called the Memorandum of Information to be used in the verification process. This form will appear under the letterhead of the institution providing the verification, but each institution will provide the same type of information in the same format.
1622.7Determining Countable Educational Income
The following steps will be used in determining the amount of educational income to be counted.
Step 1 - Determine all educational assistance received by the
student - FSC 1622.4.
Step 2 - Exclude all educational income paid under Title IV of
the Higher Education Act or a BIA Student Assistance
Program.
FSC
Step 3 - Exclude certain JTPA income received by students.
FSC 5405, item 6.
STOP HERE IF ALL INCOME HAS BEEN EXCLUDED.
IF NOT, GO TO STEP 4.
Step 4 - Exclude any amounts of educational income identified
by the school or grantor as earmarked for specific
allowable educational costs other than living
expenses.
FSC 1622.4 -
Step 5 - Exclude any remaining educational income that the
student actually used for allowable educational
costs.
FSC
Step 7 - Prorate non-excluded income evenly over the period
of intended use. The period of intended use is the
semester, quarter, term or other fiscal period for
which the financial assistance is intended. Include
any partial months of enrollment.
FSC 1622, 1622.4,
Step 8 - If there is countable work study income, allow the
20% earned income deduction.
FSC 1622.4
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.7 - 1622.8 SUBJECT: CHART - EDUCATIONAL INCOME
DATE: 8-1-94
Additional Information - When receipt of non-excluded student income is delayed until the middle of the period it is intended to cover, it will not be counted in the budget until actually received. However, it will then be prorated over the entire period of intended use.
When an eligible student leaves an educational institution, the prorated educational income will be handled according to the method of payment used by the educational institution. If the institution dispensed all the educational income at the beginning of the period of intended use, the averaged income would be included in the budget for the remainder of the period. If the income was dispensed on a monthly basis, the averaged income would be dropped from the budget.
1622.8Types of Educational Income
CHART 1 - Student Assistance Authorized Under Title IV
Basic Educational Opportunity Grants (BEOG or PELL Grants)
Presidential Access Scholarships (Super PELL Grants)
Supplemental Educational Opportunity Grants (SEOG)
State Student Incentives Grants (SSIG)
Federal Direct Student Loan Programs (FDSLP / formerly GSL and FFELP) This includes:
.Federal Direct Supplemental Loan Program (provides loans to students);
.Federal Direct PLUS Program (provides loans to parents);
.Federal Direct Unsubsidized Stafford Loan Program; and
.Federal consolidated Loan Program.
Direct loans to students in institutions of higher education (Federal Perkins Loan Program / formerly NDSL)
Federal Work Study Funds (NOTE: Not all Federal work study funds come under Title IV of the Higher Education Act.)
TRIO Grants - Grants to organizations or institutions for students from disadvantaged backgrounds. This includes:
.Upward Bound (Some stipends go to students);
.Student Support Services; and
.Robert E. McNair Post-Baccalaureate Achievement Grants.
Robert C. Byrd Honors Scholarship Program
College Assistance Migrant Program (CAMP) - A Program for students whose families are engaged in migrant and seasonal farm work.
High School Equivalency Program (HEP)
National Early Intervention Scholarship and Partnership Program
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.8 - 1622.8 SUBJECT: CHART - EDUCATIONAL INCOME
DATE: 8-1-94
CHART 2 - Bureau of Indian Affairs (BIA) Student Assistance Programs
The Higher Education Grant Program (sometimes called the Scholarship Grant Program)
Adult Education Program (provides money to adults to get a GED, attend a technical school, or to get job training)
Education and training made available under programs like the Indian Child and Family Programs.
Loans provided under the Tribal Development Student Assistance Revolving Loan Program, Title XIII, BIA Student Assistance Programs, Part E, Tribal Development Student Assistance Act.
(Each tribe has a BIA agency which may be contacted for more information.)
CHART 3 - Carl D. Perkins Vocational Education Act Programs
Indian Vocational Education Program
Native Hawaiian Vocational Education Program
State Vocational and Applied Technology Education Program which include the:
.State Program and State Leadership Activities;
.Program for Single Parents, Displaced Homemakers, and Single Pregnant Women;
.Sex Equity Program;
.Programs for Criminal Offenders;
.Secondary School Vocational Education Program;
.Post secondary and Adult Vocational Education Program;
.State Assistance for Vocational Education Support Programs by Community-Based Organizations;
.Consumer and Homemaking Education Program;
.Comprehensive Career Guidance and Counseling Program; and
.Business-Labor-Education Partnership for Training Program.
National Tech-Prep Education Program
State-administered Tech-Prep Education Program
Supplementary State Grants for Facilities and Equipment and Other Program Improvement Activities
Community Education Employment Centers Program
Vocational Education Lighthouse Schools Program
Tribally Controlled Post Secondary Vocational Institutions Program
Vocational Education Research Program
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.8 - 1622.9 SUBJECT: CHART - EDUCATIONAL INCOME
DATE: 8-1-94
CHART 3 - Continued
National Network for Curriculum Coordination in Vocational and Technical Education
National Center or Centers for Research in Vocational Education
Materials Development in Telecommunications Program
Demonstration Centers for the Training of Dislocated Workers Program
Vocation Education Training and Study Grants Program
Vocational Education Leadership Development Awards Program
Vocational Educator Training Fellowship Program
Internship for Gifted and Talented Vocational Education Student Program
Business and Education Standards Program
Blue Ribbon Vocational Education Program
Educational Programs for Federal Correctional Institutions
Vocational Education Dropout Prevention Program
Model Programs of Regional Training for Skilled Trades
Demonstration Projects for the Integration of Vocational and Academic Learning Program
Cooperative Demonstration Programs
Bilingual Vocational Training Program
Bilingual Vocational Instruction Training Program
Bilingual Materials, Methods, and Techniques Program
1622.9Ineligible Students
When an individual is determined to be an ineligible student, that individual may not participate in the Food Stamp Program. Other members of the student's household may participate if they are otherwise eligible.
If the ineligible student is the only household member, the food stamp application will be denied.
If other household members are eligible, the student's name will be listed on the Food Stamp Authorization Document (EMS-233). A code 7 will be entered in the Member Status Field (f. 22). The student will be included when calculating total household members but will not be included when calculating total eligible members.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1622.9 - 1622.9 SUBJECT: INELIGIBLE STUDENTS
DATE: 6-1-96
An ineligible student's income will be handled as explained below.
1.Determine which income is received by the ineligible student for himself or herself. Exclude this income.
2.Determine if there are any cash payments from the ineligible student's excluded income to the eligible household members. Include these cash payments as income. Do not include cash payments made by the ineligible student to someone outside the home for a household expense.
Consider income deposited by an ineligible student into a checking or savings account as income in the month of the deposit when an eligible household member has access to this income.
3.Determine if there is any income received by the ineligible student as the payee for an eligible household member - e.g., child support, AFDC, social security. Include this income in the budget.
4.Determine deductible expenses. (Medical expenses will only be deductible when incurred by an aged or disabled household member. See FSC 6400, 6510 and 6610 for information on deductible expenses.)
.Do not allow any medical, child support payments, shelter or child care expenses paid in full by the ineligible student from excluded income.
.Allow any deductible medical, child support payments, shelter or child care expense paid (in full or in part) by the ineligible student from income which is not excluded - e.g., the expense is paid from income received by or on behalf of eligible members.
.Allow any deductible shelter, child support payments, or child care expense paid in full by eligible household members with cash payments from the ineligible student.
.When deductible expenses are shared by the ineligible student and eligible household members, allow only the amount contributed towards the expense or actually paid by the eligible members.
If such payments or contributions cannot be differentiated, prorate the deductible expense evenly among the individuals actually paying or contributing towards the expense. Allow any the pro rata share of expense incurred by the eligible household members as shelter expense.
The ineligible student's resources (except for jointly owned resources) will not be considered available to the eligible household members. Resources owned jointly by ineligible students and eligible household members are considered available to the household in their entirety. See FSC 4910.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1623 - 1623.1 SUBJECT: DISQUALIFICATIONS
DATE: 3-1-91
1623Determining if a Household Member is to be Disqualified
The caseworker must determine if any household member is to be disqualified. An individual household member may be disqualified from participation in the Food Stamp Program for:
1.Failure or refusal to provide a Social Security number;
2.Failure or refusal to work register or to cooperate with the E&T Program when the individual who fails or refuses is not the head of household as defined in FSC 3100;
3.Intentional program violation (fraud); or
4.Workfare non-compliance.
1623.1Disqualification for SSN Non-compliance
FSC 2000 covers the Social Security number requirements and disqualifi- cation of household members who fail to comply with these requirements. Members who fail to comply with these requirements remain disqualified until they do comply.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1623.1 - 1623.1 SUBJECT: DISQUALIFIED HH MEMBERS -
DATE: 6-1-96 SSN'S/WORK REGISTRATION
To disqualify a member for failure to comply with the SSN requirements, the following actions must be completed.
1.List the member on the DCO-233 in the member segment. In the field entitled "status" enter code "9" for an SSN disqualification. Do not include the member when determining household size (field 68).
2.Include the resources of the ineligible member in their entirety.
3.Calculate a pro rata share of any income received by the disquali- fied member. The pro rata share is calculated by subtracting allowable exclusions (see FSC 5400) then dividing the remaining income evenly among the total household members including the disqualified member. Multiply the pro rata share by the number of eligible members. Count the resulting figure as income. In the case of earned income, enter the pro rata amount of earned income beside each member's name in the member segment.
4.Apply the earned income deduction after the prorated earned income of the disqualified member has been determined and added to the household budget.
5.When the disqualified member does not incur any portion of an allowable expense, do not prorate the expense.
Prorate any allowable shelter, child support payments, or dependent care expense paid totally or in part by the disqualified individual by dividing the expense evenly among all household members including the disqualified member. Multiply the pro rata share by the number of eligible members. Count the resulting figure as an allowable expense. If the household has elected to use the utility standard (see FSC 6620), the utility standard will be prorated in the same manner. (After the utility standard is prorated, a code "A" must be used in field 64.)
6.Do not allow uncapped shelter costs if the disqualified member is the only aged/disabled individual in the household. Do not allow medical expenses incurred by a disqualified aged or disabled member.
See the Glossary for a definition of an aged/disabled individual.
7.For households still entitled to uncapped shelter costs after an individual has been disqualified, prorate the expenses as explained above. Allow the uncapped amount of the prorated expenses as instructed in FSC 7610, Field 63-64.
8.Do not include the disqualified member when determining income eligibility or food stamp allotment.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1623.2 - 1623.2 SUBJECT: DISQUALIFIED HH MEMBERS
DATE: 6-1-96
1623.2Disqualification for IPV or Work Registration Non-Compliance
See FSC 12110-12110.2 for instructions on handling AFDC or SSI case closures, suspensions or reductions in AFDC or SSI benefits when a household member intentionally failed to comply with a requirement of that program.
FSC 16800 covers the procedure for disqualifying a member who has committed an intentional program violation (IPV). The disqualification periods, which are six months for the first violation, 12 months for the second, and permanently for the third, may only be imposed after an Administrative Disqualification Hearing, as the result of a decision of fraud by a court of law, or upon the signing of a waiver by the household.
FSC 3100 summarizes the work registration requirements. Individuals who are not the head of the household as defined in FSC 3120 and who fail or refuse to cooperate with the work registration requirements or E&T Program requirements will be disqualified for the length of time specified in FSC 3521. The member may re-establish eligibility by cooperating as explained in FSC 3522.
Once the penalty has been imposed, the household may not designate another household member as the head of household until the penalty has been served or ended as described in FSC 3523.
To disqualify a member for an IPV or a work registration violation, the following actions must be completed.
1.List the member on the DCO-233 in the member segment. If the member is disqualified for an IPV, enter code "5" in the field entitled "status". If the member is disqualified for a work registration violation enter code "8" in the field entitled "status". If the disqualified member is the head of the household, do not change field 1, 2 or 3 on the DCO-233. Do not include the member when determining total eligible members (field 45).
2.Include the total income, resources and expenses (including deductible child support payments) of the disqualified member in the food stamp budget for purposes of determining eligibility and food stamp allotment. (Calculate the budget as if the member were to be included. For members disqualified as a result of non-compliance with the Project SUCCESS Jobs Program, see FSC 12110.2.)
3.The income and resource limits (including entitlement to uncapped shelter expenses as per FSC 6600) will be based upon the number of eligible members. If there are no other eligible household members, the case will be closed. The household will be notified of the closure via DCO-1. The DCO-1 will state when the household may reapply.
NOTE:The food stamp allotment must not increase when one or more members are excluded due to disqualification for IPV.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1623.3 - 1623.3 SUBJECT: WORKFARE SANCTION
DATE: 3-1-91
1623.3Disqualification by Member for Workfare Sanction
FSC 3840 covers the procedures for imposing a sanction for non-compli- ance with Workfare. When a sanction is imposed, the entire household is disqualified. Should the disqualified household split during the sanction period the disqualification follows all Workfare eligible members of the household as long as the Workfare eligible members continue to live in the county where the Workfare Program is in operation.
Example:A household composed of Mr. and Mrs. Jones and their two children is disqualified for two months - October and November. Both Mr. and Mrs. Jones are Workfare eligible and neither Mr. and Mrs. Jones completed the household's Workfare obligation. Mr. and Mrs. Jones separated on October 5th. Mrs. Jones and the children moved in with her sister, Ms. Smith, who is a food stamp recipient and lives in the same country. On October 10th Ms. Smith reports that Mrs. Jones and her children moved into her home.
Mrs. Jones' children can be added to Mrs. Smith's household effective November 1. However, Mrs. Jones cannot be included as an eligible member in Ms. Smith's food stamp case until the sanction ends; therefore, December will be the first month Mrs. Jones can be added to Ms. Smith' food stamp case. Mrs. Jones' income will be considered in Ms. Smith's food stamp budget effective November 1.
Example 2A household composed of Mr. and Mrs. Jones and their two children is disqualified for two months - October and November. Both Mr. and Mrs. Jones are Workfare eligibles, and neither Mr. or Mrs. Jones completed the household's Workfare obligation. Mr. and Mrs. Jones separated on October 5. Mrs. Jones and the children moved with her sister, Mrs. Smith, who is a food stamp recipient in another county where there is no Workfare Program. On October 10th, Ms. Smith reports that Mrs. Jones and her children moved into her home. Mrs. Jones and her children will be added to Mrs. Smith's home effective November 1. (The sanction will not apply to Mrs. Jones since she no longer resides in a Workfare County. It will continue to apply to Mr. Jones until the sanction period ends or he leaves the Workfare county.)
The income and resources of Workfare eligible members disqualified as a result of a workfare sanction are handled in the same manner as members disqualified for IPV or a work registration violation. See FSC 1623.2 for instructions.
Any new member entering a household currently under sanction for Workfare non-compliance will be considered ineligible unless the new members may participate as a separate household under the provisions in FSC 1631.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1624 - 1624 SUBJECT: BOARDERS
DATE: 5-1-95
1624Determining if a Household member is a Boarder
Boarders may not participate in the Food Stamp Program.
A boarder is defined as an individual or a group of individuals to whom a household furnishes lodging and meals for a reasonable monthly payment.
Note:A roomer is an individual to whom a household furnishes lodging only. Roomers may participate in the Food Stamp Program if otherwise eligible. Roomer payments will be counted as unearned income in the food stamp budget. Any identifiable expenses of furnishing the room will be excluded from the roomer payment prior to counting the roomer payment in the food stamp budget.
The following individuals may not be designated by a household as a boarder:
1.A spouse of a household member. See the Glossary, Appendix B, for an explanation of a spouse.
2.Children under the age 18 who are under the parental control of a household member. See the Glossary, Appendix B, for an explanation of parental control. This will not apply to household members under 18 who are married or have children of their own. (In this case, the boarder's spouse and/or children must be included in the boarder's household.)
3.Children who have reached their 18th birthday but are less than 22 years old and live with a natural, adoptive or step-parent. These individuals may be boarders only if they have minor children in the home and/or they are married and living with their spouse. (In this case, the boarder's spouse and/or children must be included in boarder's household).
Individuals to whom boarder status may be extended must make a reasonable monthly payment. (See FSC 1624.1 below for determination of a reasonable monthly payment.) If the individual does not make a reasonable monthly payment, he will be included as a household member and all of his income and resources will be considered when determining the household's eligibility. When the boarder is considered a household member, the actual boarder payment will not be shown as income. If the individual does make a reasonable monthly payment, the payment will be considered self-employment income. See FSC 5621 for procedures on handling income from boarders.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1624 - 1624.1 SUBJECT: BOARDERS
DATE: 12-1-90
The food stamp household may elect to add the boarder household as a household member or members. If the boarder household is added to the food stamp household, all of the income and resources of the boarders will be considered when determining eligibility and food stamp allotment. The boarder payment will not be counted as income.
1624.1Reasonable Monthly Payment
A reasonable monthly payment for a boarder is either of the following:
1.An amount which equals or exceeds the maximum food stamp allotment for the boarder's household size if the boarder household normally consumes more than two meals per day in the food stamp household; or
2.An amount which equals or exceeds two-thirds of the maximum food stamp allotment for the boarder's household size if the boarder normally consumes two or less meals per day in the food stamp household.
All examples below are based upon the maximum food stamp allotments effective October, 1990. The current "Basis of Issuance Tables" may be consulted for the current maximum allotments.
Examples:
1.Mr. Smith is a boarder in Mrs. Jones' home. There are no other members in his household. He consumes three meals per day and pays Mrs. Smith $105 a month for board. Since the maximum coupon allotment for one person is $105, his payment is considered a reasonable monthly payment because it equals the maximum food stamp allotment for one person.
2.Ms. Williams and her son are also boarders in Mrs. Jones' home. They consume only the evening meal with Ms. Jones and pay her $98 a month. Since the maximum coupon allotment for a household of two is $147, this is considered a reasonable payment because it equals two thirds of the maximum food stamp allotment for a household size of two.
NOTE:When the boarder's payment for room is distinguishable from the payments for meals, only the amount paid for meals will be evaluated for purposes of determining a "reasonable monthly payment" for food stamp purposes.
All arrangements for the monthly boarder payment to the food stamp household will be made between the boarder household and the food stamp household.
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1624.2 - 1630 SUBJECT: DETERMINING IF HH
DATE: 10-1-86 COMPOSITION IS CORRECT
1624.2Boarding Houses
Residents of commercial boarding houses may not participate in the Food Stamp Program. For Program purposes, a commercial boarding house is defined as an establishment which offers meals and lodging for compen- sation for the purpose of making a profit. The statement of the proprietor or owner will be sufficient to determine whether the establishment does or does not fit this definition. The number of boarders residing is such an establishment will not be considered when determining if the boarding house is a commercial establishment.
The household of the proprietor of a boarding house will be allowed to participate in the Food Stamp Program if that household meets all of the eligibility requirements. See FSC 5620 for instructions on deter- mining income from boarding houses.
1624.3Verification
Income from boarders is considered self-employment income and must be verified. Normally, a note from each boarder household will be requested. The note must specify the amount the boarder household pays for room and board. If the amount of payment for room is distinguish- able from the payment of meals, the note must specify the amount of each payment. The number of meals the boarder household eats per day must also appear in the note.
The note must be dated and must contain the signature of a responsible member of the boarder household.
1630Step 3 - Determining if the Declared Household Composition is Correct
Normally, a food stamp household is composed of an individual or a group of individuals. A description of several common household types appear below:
1.An individual who lives alone.
2.An individual who lives with others and customarily (more than 50% of the time) purchases food and prepares meals for home consumption separate and apart from the others (see restrictions in FSC 1631).
FOOD STAMP CERTIFICATION MANUAL SECTION: HOUSEHOLD INFORMATION
1630 - 1630 SUBJECT: SEPARATE HOUSEHOLDS -
DATE: 10-1-88 RESTRICTIONS
3.A group of individuals who live together and customarily purchase food and prepare meals together.
This includes individuals whose work schedules allow them to be in the home only for short periods of time but who consider the home their primary residence and who are responsible household members. A responsible household member is a member such as a spouse who helps the household meet part or all of its expenses. Traveling salesmen, truck drivers, railroad employees, and off-shore oil workers meet this criteria if these workers do not return to the home each night or even on a regular weekly or bi-weekly basis. Even though such individuals may be out of the home a majority of the time, they are considered household members. The work schedule and not the profession will establish these individuals as household members.
NOTE:There may be two or more groups of individuals who live in the same dwelling but participate in the program as separate house- holds. There are restrictions to participation as a separate household. See FSC 1631 below for those restrictions.
4.An individual who is age 60 or older and living with others when that aged individual is unable to purchase and prepare meals because he or she has a disability. The disability must be one considered permanent under the Social Security Act or must be a non-disease-related, permanent disability such as senility.
This type of household may include the disabled individual and his or her spouse regardless of the physical condition or age of the spouse. All income of the individual and spouse will be counted in the food stamp budget. The income of all other members will be disregarded, however, the total gross non-excludable income of all other household members may not exceed 165% of the maximum income standard. If the income of all other household members exceeds 165% of the maximum net income standard, the disabled aged member's application for food stamps will be denied.
A chart showing 165% of the maximum net income standard for all household sizes is included on the Exhibit A, Food Stamp Issuance Chart.
Example:Mr. and Mrs. Cross are age 83 and 84. They are living with their son and his wife. Mrs. Cross is confined to a wheelchair and Mr. Cross uses a walker. They are unable to purchase and prepare their meals. Mr. and Mrs. Cross' son reports the following household members and non-excluded income:
FOOD STAMP CERTIFICATION MAN