1621.3 Handling 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.

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

27.80times 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.