1102 Treatment of Resources, Income and Deductions of Certain Non-household

Members A. Disqualifications Due To: 1. Intentional Program Violation (IPV) 2. Convictions involving Food Assistance trafficking or firearm purchases. 3. Felony convictions under federal or state law for any offense which has an element possession, use or distribution of a controlled substance. 4. Fleeing felons. 5. Probation or parole violators. Refer to Chapter 1, Section 101, for specific information on the above disqualified individuals. The eligibility and benefit level of any remaining household members in a household containing these disqualified individuals shall be determined as follows: Resources The resources of the disqualified member(s) shall be counted in their entirety to the remaining household members. If the disqualified household member is the only elderly or disabled member of the household, the resource limit for the remaining members shall not exceed $3000 since the household is no longer considered an elderly or a disabled household. Income The income of the disqualified member(s) shall be counted in its entirety to the remaining household members. Deductions Any deductions to which the disqualified member is entitled, such as medical, dependent care, and the child support deduction, will be added to the remaining member’s deductions and used in determining the entire household’s allowable deductions. Any shelter costs billed to or incurred by the disqualified member shall also be added to the remaining member’s shelter costs and used in determining the entire household’s allowable shelter expense. Eligibility and Benefit Level The disqualified member shall not be included when determining the household’s size for the purpose of assigning a benefit level to the household; comparing the household’s monthly income with the income eligibility standards; or comparing the household’s resources with the resource eligibility limits. The county department shall ensure that no household’s food assistance allotment is increased as result of the disqualification for IPV or failure to comply with food assistance work requirements of one or more household members. B. Disqualifications Due To: 1. Social security number disqualification. 2. Ineligible alien. 3. Recipients determined to have received multiple benefits. 4. Ineligible Able Bodied Adults without Dependents (ABAWDS). The eligibility and benefit level of any remaining household members of a household containing these disqualified individuals shall be determined as follows: Resources The resources of the disqualified or ineligible member(s) shall be counted in their entirety to the remaining household members. If the disqualified or ineligible household member is the only elderly or disabled member of the household, the resource limit shall be $3000 as the household is no longer considered an elderly or a disabled household. Income A prorated share of the income of the disqualified or ineligible member(s) shall be counted as income to the remaining members. A prorated share shall be calculated by: 1. Subtracting the allowable exclusions from the disqualified or ineligible member’s income. 2. Dividing all of the countable income evenly among members of the entire household, including the disqualified or ineligible member and any other disqualified members. 3. Multiply each member’s share by the number of eligible household members; count this as income to the household. Steps (2) and (3) are handled through automation and are not done by the worker. Deductions Shelter expenses either billed to or paid by these disqualified or ineligible members are prorated among all household members, including the disqualified or ineligible member and other excluded members. All but the amount attributed to the ineligible or disqualified individuals is counted in computing the household’s shelter costs. Households shall be allowed the appropriate full utility deduction (SUA/BUA) even if the disqualified or ineligible member pays all or part of the utility expense. The utility expense shall not be prorated among all members to determine the household’s allowable utility deduction (SUA/BUA). Medical and Uncapped Shelter - These disqualified or ineligible household members do not entitle the household to the medical expense or uncapped shelter expenses. When the only elderly or disabled member is an ineligible or disqualified member, the capped shelter amount must be used even if excluded members are billed for or pay the shelter expense. The shelter cap is applied after the excluded member’s share is subtracted. If an included member is elderly or disabled, the uncapped shelter amount and medical deduction are allowed even if the costs are prorated among the excluded and non-excluded members. Child Support Deduction - The amount of legally obligated child support paid or expected to be paid will be divided evenly among all the household members, and all but the disqualified and/or ineligible member’s share would be counted in the food assistance budget. When these ineligible or disqualified individuals do not have income or allowable expenses: Income - If the eligible members are the only ones with income, their total income is counted in determining the household’s eligibility and allotment. Their income is not prorated to exclude members. Deductible expenses - Deductible expenses billed to or paid by eligible members are treated in the same manner, e.g., if an eligible member pays all of the shelter expenses, the household is entitled to claim the total amount of shelter expenses. Eligibility and Benefit Level These disqualified or ineligible members shall not be included when determining their household’s sizes for the purpose of assigning a benefit level to the household; comparing the household’s monthly income with the income eligibility standards; or comparing the household’s resources with the resource eligibility limits. C. Reduction or Termination of Benefits within the Certification Period Whenever an individual is determined ineligible due to disqualification sanction, the eligibility of the remaining members shall be based, as much as possible, on information in the case file. Excluded for IPV Disqualification If a household’s benefits are reduced or terminated within the certification period because one of its members was disqualified due to IPV, the county department shall notify the remaining members of their eligibility and benefit level or ineligibility at the same time the excluded member is notified of the disqualification. The household is not entitled to a Notice of Adverse Action, but may request a fair hearing to contest the reduction or termination of benefits. This is an option unless the household has already had a fair hearing on the amount of the claim as a result of the consolidation of the administrative disqualification hearing with the fair hearing. Excluded for Failure to Comply with Work Requirements If a household’s benefits are reduced or terminated within the certification period because one of its members is disqualified for failure to comply with food assistance work requirements the county department shall: Issue a Notice of Adverse Action which shall state: 1. The particular act of noncompliance and the eligibility and benefit level of the remaining members. 2. The proposed period of disqualification and the action the household may take to end the disqualification. 3. Specify that the individual may be added back at the end of the disqualification period or, in the case of termination the household may reapply at the end of the ineligible period. Excluded for: Social Security Number Disqualification, Ineligible Alien, Recipients of Multiple Benefits, Ineligible Able Bodied Adults without Dependents (ABAWDS), or Specified Convictions Involving Food Assistance If a household’s benefits are reduced or terminated within the certification period because one or more of its members is ineligible because of one of the above listed reasons the county will: Issue a Notice of Adverse Action in accordance with Chapter 13 which informs the household: 1. Of the ineligibility of the member(s). 2. The reason for their ineligibility. 3. The eligibility and benefit level of the remaining members and 4. The action the household must take to end the ineligibility of these members, if applicable.