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.1 Household Definition
A household may be composed of any of the following individuals or groups of individuals, provided that such individuals or groups are not residents of an institution, except as otherwise specified in Section 63-402.4, residents of a commercial boarding house, or boarders, except otherwise specified in Section 63-402.31:
.11 An individual living alone;
.12 An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others except as otherwise specified in Section 63-402.14.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-04 Effective 3/23/91
Page 151
FOOD STAMP REGULATIONS
63-402 (Cont.) ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.13 A group of individuals who live together and customarily purchase food and/or prepare meals together for home consumption.
.131 Customarily purchasing and preparing meals together as a Food Stamp household is to do so usually or as a matter of course.
.14 Separate household status shall not be granted to:
.141 A child under 18 years of age, living with and under the parental control, as defined in Section 63- 102(p), of a household member who is not his or her parent;
A foster child placed by a federal, state, or local government program in the private home of a relative, or other individual or family, shall be considered a boarder. Such a boarder may participate in the Food Stamp Program only by request of the household providing boarder services, and only as a member of that household.
.142 Parents living with their natural, adopted or step children, or children living with their natural, adopted, or stepparents unless:
a child is:
22 years of age or older and purchases food and prepares meals for home consumption separately from his/her parents; or
participating in the other parent's Food Stamp household.
.143 An individual living with the household who is a spouse of a member of the household (as defined in Section 63-102(s));
.144 A boarder, as defined in Section 63-402.3;
.145 Repealed by Manual Letter FS-94-06, effective 9/1/94.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-96-05 Effective 12/4/96
Page 152
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402.151
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.146 Children of narcotic addicts of alcoholics who reside at a treatment center as specified in Section 63-402.4
.15 A parent who shares joint physical custody of children on a 50/50 basis and in whose household the CWD has determined that the children are able to participate. The CWD shall insure that duplicate participation does not occur.
.151 When the living arrangements are such that the child lives with each parent an equal number of days per month, the CWD shall determine Food Stamp household composition based upon, but not limited to:
When it can be established that the child eats more meals with one parent. The child may participate with the custodial parent providing the majority of the meals in a given month.
When a child eats a number of meals with each parent, the first custodial parent to apply may participate with the child, unless the two custodial parents mutually agree otherwise.
When custodial parents mutually agree with whom the child participate. The child may participate with that parent regardless of where the majority of meals are taken in any given month.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-94-06 Effective 9/1/94
Page 153
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402.151
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.16 A woman or women with children who are temporary residents of a shelter for battered women and/or children.
.17 An individual who is 60 years of age or older living with others (and the spouse of such individual) who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or suffers from a nondisease-related, severe, permanent disability. However, the income (all income included under Section 63-502.1 of the others with whom the individual resides (excluding the income of such individual's spouse) cannot exceed 165 percent of the federal poverty guidelines, see Section 63-1001.10, Income Standard for Elderly and Disabled Separate Household Status.
.2 Nonhousehold and Excluded Household Members
.21 Nonhousehold Members
For purposes of defining a household, the following individuals shall not be included as a member of the household, unless included as a household member as specified in Sections 63-402.13, .14, or .15. Such individuals shall not be included as a member of the household for the purpose of determining household size, eligibility or benefits level. The income and resources of such individuals shall be handled in accordance with Section 63-503.45. Nonhousehold members who are otherwise eligible may participate in the Food Stamp Program as separate households.
.211 Roomers
Individuals to whom a household furnishes lodging, but not meals, for compensation.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-92-05 Effective 6/1/92
Page 154
FOOD STAMP REGULATIONS
63-402.212 ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.212 Live-In Attendants
Individuals who reside with a household to provide medical, housekeeping, child care or other similar personal services
.213 Others
Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household.
HANDBOOK BEGINS HERE
For example, if the applicants household shares living quarters with another family but does not purchase and prepare food together with the family, the members of the other family are not members of the applicants household.
HANDBOOK ENDS HERE
.22 Excluded Household Members
The following individuals residing with a household shall be included as a member of the household for the purpose of defining a household under Section 63-402.1. However, such individuals shall be excluded from the household for the purpose of determining household size, eligibility or benefit level, or when determining categorical eligibility in accordance with Sections 63-301.7 and .82. The income and resources of excluded household member(s) shall be handled in accordance with Sections 63-503.44 and 63-503.45 as appropriate. Excluded household members shall not participate in the Food Stamp Program as separate households.
.221 Ineligible Aliens
Individuals who do not meet the citizenship or eligible alien status in Section 63-403 or the eligible sponsored alien requirements in Section 63-403.33
.222 SSN Disqualified
Individuals disqualified for refusal or failure, without good cause, to provide or obtain an SSN as required in Section 63-404.4
.223 Intentional Program Violation Disqualified
Individuals disqualified for committing act(s) of intentional Program violation, as set forth in Section 63-805.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-97-04 Effective 9/1/97
Page 155
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402.229
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.224 Fleeing Felons and Probation/Parole Violators
Individuals who are fleeing felons as specified in Section 63-102f.(4) and/or
Persons in violation of their probation or parole as specified in Section 63-102p.(2).
HANDBOOK BEGINS HERE
Regarding Violations of the Conditions of Parole
CDSS recommends that eligibility workers limit their verification of parole violations to those violations which have already been investigated and officially established by parole authorities in accordance with the formal processes of those parole authorities for making such determinations. Limiting verification to parole authority established violations is recommended because it is both cost effective and best insures that the civil rights of food stamp applicants and recipients are protected.
Regarding Violations of Conditions of Probation
CDSS recommends that eligibility workers limit their verification of probation violations to those violations which have already been investigated and officially established by the courts responsible for supervision of probation in accordance with the formal processes of those courts for making such determinations. Limiting verification to court established violations is recommended because it is both cost effective and best insures that the civil rights of food stamp applicants and recipients are protected.
HANDBOOK ENDS HERE
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-00-04 Effective 7/1/00
Page 155.1
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.225 Workfare Sanctioned
Individuals sanctioned by a CWD while a participating member of household disqualified for failure to comply with the requirements of the CWD's Workfare Program operated in accordance with Section 63-407.91
.226 SSI/SSP Recipients
No person receiving Supplemental Security Income/ State Supplementary Program (SSI/SSP) payments is eligible to receive food stamp benefits. Under the provisions of PL 95-458:5; 1) most California SSI/SSP recipients receive as part of their SSI/SSP benefit a cash amount in lieu of food stamp benefits; 2) all SSI/SSP recipients in California are ineligible to receive food stamps. A person must actually receive, not merely have applied for, SSI/SSP benefits to be determined ineligible for the Food Stamp Program. If the CWD provides payments at least equal to the level of SSI/SSP benefits to persons who have been determined eligible for SSI/SSP awaiting receipt of SSI/SSP benefits, receipt of these substitute payments will terminate Food Stamp Program eligibility. Once receiving SSI/SSP benefits, the person will remain ineligible for food stamp benefits until actually terminated from the SSI/SSP Program; periods of nonreceipt or suspension of SSI/SSP payments do not restore food stamp eligibility.
.227 Ineligible Students
Persons enrolled in an institution of higher education who are ineligible because they fail to meet the eligibility criteria set forth in Section 63-406.2.
.228 Work Requirements Disqualified
Individuals disqualified for noncompliance with the work requirements of Section 63-407.4.
.229 Convicted Drug Felon
An individual who has been convicted in a state or federal court of a felony that has as an element, the distribution of a controlled substance or other disqualifying conviction consisting of any of the elements listed in Section 63-402.229(a) or (b). The conviction must be for conduct occurring after August 22, 1996. Controlled substance is defined in Section 102(6) of the Controlled Substances Act [21 U.S.C. Section 802(6)].
Unlawfully transporting, importing into this state, selling, furnishing, administering, giving away, possession for sale, purchasing for purposes of sale, manufacturing a controlled substance, possessing precursors with the intent to manufacture a controlled substance, or cultivating, harvesting, or processing marijuana or any part thereof pursuant to Section 11358 of the Health and Safety Code.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-11-01 Effective 7/28/11
Page 156
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402.229
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
Unlawfully soliciting, inducing, encouraging, or intimidating a minor to participate in any activity in Section 63-402.229(a).
HANDBOOK BEGINS HERE
The term "convicted" also includes a plea of guilty or nolo contendere.
HANDBOOK ENDS HERE
.3 Boarders
.31 For Food Stamp Program purposes, boarders are defined as either, foster children as specified in Section 63-402.322, or individuals or groups of individuals residing with the household and paying reasonable compensation to the household for lodging and meals, excluding residents of a commercial boarding house. A reasonable monthly payment shall be either of the following:
.311 Where board arrangement is for more than two meals a day a boarder shall pay an amount which equals or exceeds the monthly coupon allotment at zero net income for the appropriate number of boarders, as specified in the Table of Coupon Issuance, Handbook Section 63-1101, or;
.312 Where board arrangements is for two meals or less per day a boarder shall pay an amount which equals or exceeds the two-thirds of the monthly coupon allotment at zero income for the appropriate number of boarders, as specified in the Tables of Coupon Issuance, Handbook Section 63-1101.
.32 Boarders are ineligible to participate in the Food Stamp Program independent of the household providing the board. The household with which the boarder resides (including the household of the proprietor of a boarding house) may participate in the Program, if the household meets all the eligibility requirements for Program participation. A boarder may participate as a member of the household at the household's request. If an applicant household identifies any individual in the household as a boarder, the following provision applies:
.321 Such individuals shall not be considered a member of participant or applicant household, nor shall the income and resources of boarders be considered available to such households. However, the amount of payment that a boarder gives to a household for lodging and meals shall be treated as self-employment income to the household. The procedures for handling self-employment income from boarders (other than such income received by a household that owns and operates a commercial boarding house) are specified in 63-503.42. The procedures for handling income from boarders by a household that owns and operates a commercial boarding house are as specified in 63-503.41.
.322 Foster children placed by a federal, state, or local foster care program, in the home of relatives or other individuals or families shall be considered boarders.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-02 Effective 7/1/05
Page 157
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402.344
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
The federal, state, or local government, or court-ordered, foster care payments received by the household for a foster care boarder shall not be considered income to the household
Foster care boarders may participate in the Food Stamp Program as members of the household providing boarder services, at the household's request. If the household chooses this option, foster care payments received by the household shall be considered unearned income to the household and counted in their entirety in determining the household's income eligibility and benefit level.
.33 Except for residents of a commercial boarding house and foster children as specified in Section 63-402.322, an individual furnished both meals and lodging by the household, but paying compensation of less than a reasonable amount, is considered a member of the household which provides the meals and lodging.
.331 When payments for the room are distinguishable from payments for the meals, only the amount paid for meals will be evaluated to determine if reasonable compensation is being paid for meals. The reasonable monthly payment for meals shall be paid in cash.
.322 When payments for the room are indistinguishable from payments for meals, the amount to be considered a payment for the meals will be
The total payment, if the total payment is equal to , or less than the monthly coupon allotment at zero net income for the appropriate number of boarders, or
That portion of the total payment that is equal to the monthly coupon allotment at zero net income for the appropriate number of boarders.
.34 The following persons shall not be considered boarders:
.341 Children under 18 years of age, except for foster children, as specified in Section 63-402.322 under parental control, as defined in Section 63-102p., of a member of the household,
.342 parents living with their natural, adopted, or step children or children living with their natural, adopted, or step parents, even if one of the parents is elderly or disabled,
.343 a spouse of a member of the household,
.344 Siblings living with their natural, adopted, half or step brothers and sisters, even if one of the siblings is elderly or disabled, except foster child(ren) as specified in Section 63-402.322.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-02 Effective 7/1/05
Page 158
FOOD STAMP REGULATIONS
63-402.4 ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.4 Residents of Institutions
Individuals shall be considered residents of an institution when the institution provides them with the majority of the meals as part of the institution's normal services. Residents of institutions are not eligible for participation in the Food Stamp Program. As commercial boarding houses fall under this category, residents of commercial boarding houses are not eligible for participation in the Food Stamp Program. The following individuals shall not be considered as residents of institutions:
.41 Residents of any federally subsidized housing for the elderly.
.42 Narcotic addicts or alcoholics who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a treatment center. An individual must be a resident of the center and participating in the treatment or rehabilitation program to qualify for the Food Stamp Program as outlined in Section 63-503.47. In addition, children of narcotic addicts or alcoholics, residing in centers providing meals, shall qualify for the Food Stamp Program as specified in Section 63-503.47.
.421 If the spouse and/or family members (other than the children of the narcotic addict or alcoholic reside at the treatment or rehabilitation center, but do not receive treatment and the center customarily provides meals for residents, the spouse and/or family members are residents of an institution and are not eligible for food stamp benefits. If the treatment of rehabilitation center does not provide meals to the spouse and/or family members residing at the center, the spouse and/or family members are roomers and may participate in the Food Stamp Program as separate households if otherwise eligible as specified in Section 63-402.2.
.43 Disabled or blind individuals who are residents of group living arrangement as defined in Section 63-102g, and who receive benefits under Title II of the Social Security Act.
.44 A woman or woman with children temporarily residing in those shelters for battered women and children that provide meals shall be considered individual households for purposes of applying for and participating in the Food Stamp Program.
.45 Residents of foster family settings shall be considered as members of the household providing foster care. For the purpose of this section, foster family settings shall include any facility licensed to provide foster care. However, residents of CDSS licensed group homes are only eligible if they qualify under Section 63-402.43.
.46 Residents of public or private nonprofit shelters for homeless persons.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-96-05 Effective 12/1/96
Page 159
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.5 Head of Household
The CWD shall permit the household to designate a responsible household member to serve as head of household. The head of household classification shall not be used to impose special requirements on the household, such as requiring the head of household, rather than another responsible member of the household, appear at the certification office to make application for benefits.
.6 Authorized Representatives
.61 The head of the household, spouse, or any other responsible member of the household may designate an authorized representative to act on behalf of the household in one or all of the following capacities:
.611 Making application for the program. When the head of household or the spouse cannot make application, another household member may apply or an adult nonhousehold member may be designated as the authorized representative for that purpose. The head of household or the spouse should prepare or review the application whenever possible, even though another household member or the authorized representative will actually be interviewed. The CWD shall inform the household that the household will be held liable for any overissuance which results from erroneous information given by the authorized representative, except as provided in Section 63-503.476. Adults who are nonhousehold members may be designated as authorized representatives for certification purposes only under the following conditions:
The authorized representative has been designated in writing by the head of household, or the spouse, or another responsible member of the household; and
The authorized representative is an adult who is sufficiently aware of relevant household circumstances.
.612 Obtaining benefits
An authorized representative may be designated to obtain benefits. These designations shall be made at the time the application is completed and any authorized representative shall be named on the ID card.
The authorized representative for coupon issuance may be the same individual designated to make application for the household or may be another individual.
Even if a household member is able to make application and obtain benefits, the household should be encouraged to name an authorized representative for obtaining benefits in case of illness or other circumstances which might result in an inability to obtain benefits.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-96-05 Effective 12/1/96
Page 160
FOOD STAMP REGULATIONS
63-402 (Cont.) ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.613 Using the coupons
A household may authorize any household member or a nonmember to use its ID card and coupons to purchase food or meals for the household. Individuals disqualified from the Food Stamp Program because of their commission of an intentional Program violation may act as an authorized representative only if no other representative can be found.
.614 Emergency authorized representative for obtaining benefits.
A household shall be permitted to designate an emergency authorized representative to obtain the household's allotment for a particular month when none of the persons specified on the ID card is available.
A household member named on the ID card shall designate the emergency authorized representative. The designation authorizing the issuance of the household's benefits to the emergency authorized representative shall include the signature of the emergency authorized representative and the signature of that household member. The signature of the household member shall attest to the validity of the signature of the emergency authorized representative.
The designation may be made on the ID card, authorization document or a separate form developed by the CWD for this purpose.
or
A separately written and signed statement from the head of household or his/her spouse, also signed by the emergency authorized representative, may be used by the household.
The household shall not be required to travel to food stamp office to execute an emergency designation.
The emergency authorized representative shall present the signed designation and the household ID card in order to obtain the allotment.
A separate written designation is required each time an emergency representative is authorized.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-03 Effective 3/1/91
Page 161
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.62 Drug addict/alcohol treatment centers and group living arrangements as authorized representatives. Narcotic addicts or alcoholics who regularly participate in a drug or alcoholic treatment program on a resident basis and disabled or blind residents of group living arrangements as defined in Section 63-102g(2) who receive benefits under Title II or Title XVI of the Social Security Act may elect to participate in the food stamp program. However, if per Section 63-402.2, Title XVI recipients are ineligible for food stamps, this ineligibility shall apply to Title XVI (SSI) recipients residing in group living arrangements.
.621 The residents of drug or alcoholic treatment centers shall apply and be certified for Food Stamp Program participation through the use of an authorized representative who shall be an employee of and designated by the institution that is administering the treatment and rehabilitation program.
The institution shall receive and spend the coupon allotment for food prepared by and/or served to the residents of the center who are participating in the Food Stamp Program.
Each resident participating in the treatment program, together with his/her children, shall be certified as an individual household without regard to a spouse and/or family members (other than the children of the narcotic addict or alcoholic) who may or may not reside at the treatment center.
.622 Residents of group living arrangements (GLA) shall apply and be certified through use of an authorized representative employed and designated by the GLA or apply or be certified on their own behalf or through an authorized representative of their own choice. The GLA shall determine if any resident may apply for food stamps on his/her own behalf; the determination should be based on the resident's physical and mental ability to handle his/her own affairs. The GLA is encouraged to consult with any other agencies of the state and/or county providing other services to individual residents prior to a determination. All of the residents of the GLA do not have to be certified either through an authorized representative or individually in order for one or the other method to be used.
If the residents apply on their own behalf, the household size must be in accordance with Section 63-402.1. The CWD must certify those residents using the same provisions that apply to other households.
If the residents apply through the use of the GLA's AR, their eligibility must be determined as a one-person household.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-01-02 Effective 6/1/01
Page 162
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
If a resident applies through the facility as the authorized representative, the head of the GLA may either receive and spend the coupon allotment for food prepared by and/or served to the eligible resident or allow the eligible resident to use all or any portion of the allotment on his/her own behalf.
If the residents are certified on their own behalf, the coupon allotment may either be returned to the facility to be used to purchase food for meals served either communally or individually to eligible residents; used by eligible residents to purchase and prepare food for their own consumption; and/or to purchase meals prepared and served by the GLA.
In any case, the GLA is responsible for complying with the requirements set forth in Section 63-503.48. If the GLA has its status as an authorized representative suspended by FNS (as discussed in Section 63-503.478), residents applying on their own behalf shall still be able to participate if otherwise eligible.
.63 Restrictions
The following restrictions apply to authorized representatives:
.631 In the event the only adult living with a household is classified as a nonhousehold member, that individual may be the authorized representative for the minor household members.
.632 CWD employees who are involved in the eligibility determination and/or issuance processes and employees of authorized food firms and meal services that are authorized to accept food coupons may not act as authorized representatives unless the CWD determines that no one else is available to serve as an authorized representative.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-01-02 Effective 6/1/01
Page 163
FOOD STAMP REGULATIONS
63-402 (Cont.) ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.633 An individual disqualified for an intentional Program violation shall not act as an authorized representative during the period of disqualification, unless the individual is the only adult member of the household and the CWD has determined that no other representative is available.
The CWD shall separately determine whether these individuals are needed to apply on behalf of the household, to obtain coupons, and to use the coupons to purchase food for the household.
HANDBOOK BEGINS HERE
For example, the household may have an authorized representative designated to obtain its coupons each month, but not be able to find anyone to purchase food regularly with the coupons. If the CWD is also unable to find anyone to serve as the household's representative, the disqualified member shall be allowed to serve as a representative and purchase food for the household using its coupons.
HANDBOOK ENDS HERE
.634 Meals providers for the homeless shall not be allowed to act as authorized representatives for homeless food stamp recipients.
.64 CWD Responsibilities
.641 The CWD shall insure that authorized representatives are properly designated.
.642 The name of the authorized representative shall be contained in the household's case file.
.643 Limits shall not be placed on the number of households an authorized representative may represent.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-03 Effective 3/1/91
Page 164
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.644 In the event employers, such as those that employ migrant or seasonal farmworkers, are designated as authorized representatives or that a single authorized representative has access to large number of authorization documents, access devices or coupons, the CWD should exercise caution to assure that.
Each household has freely requested the assistance of the authorized representative;
Each household's circumstances are correctly represented and the household is receiving the correct amount of benefits; and
The authorized representative is properly using the coupons.
.65 Disqualification
.651 CWDs which have obtained evidence that an authorized or emergency representative has misrepresented a household's circumstances and knowingly has provided false information pertaining to the household, or has used coupons improperly, may disqualify that representative from participating as a representative in the Food Stamp Program for up to one year, except as specified in Section 63-402.652 for treatment centers and group living arrangements. The CWD shall send written notification to the affected households and representative 30 days prior to the date of disqualification. The notification shall include:
The proposed action;
The reason for the proposed action;
The household's right to request a state hearing;
The telephone number of the office; and
If possible, the name of the person to contact for additional information.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-03 Effective 3/1/91
Page 165
FOOD STAMP REGULATIONS
63-402 (Cont.) ELIGIBILITY STANDARDS Regulations
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.652 Drug and alcoholic treatment centers and the heads of those group living arrangements which act as authorized representatives for their residents, and who intentionally misrepresent households' circumstances, are not disqualified but may be prosecuted under applicable State fraud statutes for their acts. (See Section 63-503.477 for provisions regarding the misuse of coupons by drug and alcohol treatment centers.)
.7 Food Distribution Program
No household shall be allowed to participate simultaneously in the Food Stamp Program and the Food Distribution Program.
.8 Participation of Strikers
.81 A striker is defined as anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) or any concerted slowdown or interruption of operations by employees.
.811 The following persons shall not be considered strikers:
Employees whose workplace is closed by an employer in order to resist demand of employees (e.g., a lockout);
Employees unable to work as a result of striking employees;
Employees not wanting to cross a picket line due to fear of personal injury or death;
Individuals exempted from work registration by Section 63-407.2 on the day prior to the strike, other than those exempt solely on the grounds that they are employed.
Employees whose employers have hired permanent replacements for the striking employees' jobs. The fact that the striking employees are offered other jobs does not affect their status as the must be able to return to the same job.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-91-04 Effective 3/23/91
Page 166
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY STANDARDS 63-402
63-402 HOUSEHOLD CONCEPT (Continued) 63-402
.82 Households with striking members shall be ineligible to participate in the Food Stamp Program unless the household was eligible one day prior to involvement in the strike action and on the date of application. The CWD shall perform two separate eligibility determinations.
.821 To determine pre-strike eligibility, consider the day prior to the member’s involvement in the strike as the day of interview and assume the strike did not occur.
.822 To determine eligibility, compare the striking member’s income before the strike to the striker’s income which can be anticipated with reasonable certainty during the strike, (e.g., income from the receipt of strike benefits or temporary employment during the strike). The higher of the two amounts shall be added to the income of nonstriking members during the month of application.
.823 To determine benefits, deductions shall be calculated for the month of application as for any household. Whether the striker’s prestrike income or income during the strike is used, the earned income deduction shall be allowed if applicable. Benefit level of an eligible striker household is based on current circumstance except for income as specified above.
.83 CWDs shall use the method as specified in Section 63-402.82 in determining benefits and eligibility for continuing households when a member becomes involved in a strike. Such a household shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the household.
.84 The household’s income immediately prior to the involvement in the strike action at the date of application shall be verified at the time of application. Any anticipated income during the strike shall also be accounted for at this time. It is the responsibility of the household to provide the CWD with verification of such income for the purpose of determining eligibility and benefit levels in accordance with Section 63-300.5.
.85 Strikers shall be subject to the work registration requirements unless exempt under Section 63-407.2.
NOTE: Authority cited: Sections 10554, 18901.3, and 18904, Welfare and Institutions Code. Reference: Sections 10554, 11251.3, 11486.5, 18901.3, and 18904, Welfare and Institutions Code; 7 Code of Federal Regulations (CFR) 273.1(a)(1) through (a)(2)(ii) through (b)(2)(iii), (c), (c)(1) and (6), (d)(1) and (2), (e)(1), and (g); 7 CFR 273.2(j)(4); 7 CFR 273.9(b)(2)(ii); 7 CFR 273.10(c)(1)(i); 7 CFR 273.11, .11(b)(1) and (f); 7 CFR 274.5; and 7 CFR 274.10; Public Law (P.L.) 100-77, Section 802; P.L. 103-66; USDA Food and Nutrition Service (FNS), Administrative Notice (AN) 89-65; AN 94-39; AN 98-43; USDA FNS Policy Memo 89-11 and 89-12; 7 U.S.C. 2015(d)(1), P.L. 104-193, Sections 115, 803, 815, and 821 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996); and the Balanced Budget Act of 1977 (Sections 5516 and 5518).
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-02 Effective 7/1/05
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FOOD STAMP REGULATIONS
63-403 ELIGIBILITY STANDARDS Regulations