101 Non-Household Members

The following persons who reside with a food assistance household must not be included as a member in the household: 1. Roomer  2. Live-in attendant  3. Others who do not customarily purchase food and prepare meals with the household.  * Except for those individuals required to be included in the household as defined under the Special Definition (Section 100B). 4. Ineligible member. a) An individual who does not meet the eligible student criteria in Chapter 5. b) An individual who does not meet the citizenship or eligible alien status requirements in Section 400 or the eligible sponsored alien requirements in Section 1108. c) An individual who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime or in violation of a condition of his or her probation/parole. ♣ Before an individual can be defined as "fleeing", all four of the following criteria must be met and verified: 1. There has to be a felony warrant for an individual by a Federal, State, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing; 2. The individual has to be aware of, or should reasonably have been able to expect that a warrant has or would have been issued; 3. The individual has to have taken some action to avoid being arrested or jailed; and 4. The Federal, State, or local law enforcement agency must be actively seeking the individual. Law enforcement is actively seeking the individual when: (1) A Federal, State, or local law enforcement agency informs a State agency that it intends to enforce an outstanding felony warrant or to arrest an individual for probation or parole violation within 20 days of submitting a request for information about the individual to the State agency; (2) A Federal, State, or local law enforcement agency presents an outstanding felony arrest warrant arrest warrant that conforms to one of the National Crime Information Center Uniform Offense Classification Codes: Escape (4901), Flight to Avoid (prosecution, confinement, etc.) (4902), or Flight-Escape (4999); OR (3) A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for probation or parole violation within 30 days of the date of a request from a State agency about a specific outstanding felony warrant or probation or parole violation. d) An individual found to have made a fraudulent statement or representation with respect to identity or residence in order to receive multiple benefits simultaneously. Such findings may be through an ADH hearing decision, ADH waiver, disqualification consent agreement or conviction in a State or Federal court. Ineligibility is for 10 years from the time above determination is made. e) An Able Bodied Adult without Dependents (ABAWDS) who is ineligible because he/she does not meet the work requirements of POE Section 710 A . 5. Disqualified member a) An individual who is disqualified for failure to provide a Social Security Number as noted in Section 602. b) An individual who is disqualified for intentional program violation as noted in Claims Against Household Manual. c) An individual who is disqualified for noncompliance with work requirements as noted in Section 704. d) An individual who is convicted of trafficking food assistance benefits of $500 or more or using food assistance benefits to purchase firearms. The disqualification for either of these convictions is permanent. e) An individual who is convicted of a misdemeanor or felony offense of trading food assistance for drugs (trafficking) in an amount less than $500.The disqualification is two (2) years for the first conviction. The disqualification is permanent for the second conviction. f) An individual who is convicted under Federal or State law of a felony offense which has an element the possession, use or distribution of a controlled substance, provided the conduct (act) resulting in the conviction occurred after August 22, 1996. The disqualification is permanent. - Persons who have completed his or her sentence or are satisfactorily serving a sentence period of probation including persons who satisfactorily have completed mandatory participation in a drug treatment program; may be eligible for participation.