us-ca/regulation/mpp/63-405 — 63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS

.1 A noncitizen who is a lawful resident of the U.S. and meets any of the following requirements is eligible for participation in the federal Food Stamp Program (FSP):

.114 A noncitizen who had deportation withheld under Section 243(h) of the INA (before April 1, 1997, or under Section 241(b)(3) of the INA on or after April 1, 1997).

.115 A Cuban or Haitian entrant as defined in 501(e) of the Refugee Education Assistance Act of 1980.

.116 A conditional entrant under Section 203(a)(7) of the INA as in effect prior to April 1, 1980.

.117 A parolee under Section 212(d)(5) of the INA for at least one year.

.118 An abused/battered spouse and/or unmarried dependent child and/or child of an abused/battered parent and/or parent of an abused/battered child as specified in Section 63-405.5.

.12 INDEFINITE FOOD STAMP ELIGIBILITY CRITERIA. The following noncitizens are eligible indefinitely, provided they are one of the qualified noncitizens specified in Section 63-405.11:

.121 Who is lawfully admitted to the U.S. for permanent residence and can be credited with 40 qualifying quarters of coverage as specified in Section 63-405.4

.122 An active member of the U.S. armed forces or an honorably discharged veteran of the U.S. armed forces, including their spouse or unmarried dependent child, or un-remarried surviving spouse of a deceased veteran, as specified in Section 63-405.3.

.123 Is under 18 years of age regardless of the date of entry into the U.S.

.124 Who is disabled or blind as specified in Section 63-102(e)(1)(B) through (K), regardless of date of entry. Must show verification of disability benefits.

.125 Was lawfully in the U.S. and 65 years or older on August 22, 1996.

.126 He lawfully resided in the U.S. for five years beginning on the date of entry.

.2 The following noncitizens are eligible for food stamp benefits for an indefinite period of time, even if they are not qualified noncitizens as specified in Section 63-405.11.

.21 An individual who:

.211 Was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era (as defined in 38 U.S.C. 101) and is lawfully residing in the U.S.

.212 Is the spouse, unmarried dependent child or unremarried surviving widow or widower of a deceased Hmong or Highland Loatian tribal member and verifies his/her status as a member of the tribal member’s family.

.22 An individual who is:

.221 A member of an Indian tribe (as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) who is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

.222 An American Indian born in Canada to whom the provisions of Section 289 of the INA (8 U.S.C. 1359) apply.

.3 A veteran or a person on active duty in the U.S. armed forces is eligible. The spouse, or unmarried dependent child, or unremarried surviving spouse of a deceased veteran or active duty person is also eligible.

.31 For purposes of this section, “veteran” means:

.311 Has been honorably discharged for a reason other than on account of alienage as documented by a DD Form 214 or other acceptable verification; and

.312 Has met the minimum active-duty service requirements (24 months or the period for which the person was called to active duty).

.313 An individual who served before July 1, 1946, in the organized military forces of the Government of Commonwealth of the Philippines.

.32 For purposes of this section, “surviving spouse of a deceased veteran or individual on active duty” means:

.321 The spouse has not remarried and the marriage fulfilled these requirements (married for at least one year, or married before the end of a 15-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated, or married for any period if a child was born of the marriage or was born before the marriage);

.33 For purposes of this section, “Unmarried dependent child” means:

.331 Legally adopted or biological child of a person described in Section 63-405.31.

.332 Under the age of 18.

.333 Under the age of 22 and a student who is otherwise eligible as specified in Section 63-406.2.

.334 Eighteen (18) or older if the child was/is disabled and dependent prior to turning 18.

.4 A noncitizen who can be credited with 40 quarters (10 years) of qualifying employment; or can be credited with such qualifying credits of employment through parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) is eligible. One credit equals one calendar quarter of qualifying employment. Beginning with the first quarter of 1997, no credit shall be countable if the individual who earned it received any federal means-tested public benefits. Qualifying credits of employment shall be verified.

.41 At the eligibility interview the CWD shall ask the following questions about any noncitizen whose eligibility needs to be determined.

.411 How long has the applicant noncitizen, and if necessary, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) lived in the United States? If the period of time is more than 10 years, it is not necessary to ask question B (Section 63-405.412). Skip to question C (Section 63-405.413). However, if the period of time is less than 10 years, question B (Section 63-405.412) shall be asked.

.412 Did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) ever perform work for a United States business or the U.S. government, while not residing in the United States? If so, for how many calendar quarters or years? If an applicant noncitizen neither lived in the U.S. at least 10 years, or worked for a United States business or the U.S. government while living in another country; or if the combination of years lived in the United States and worked for a United States business or the U.S. government while living in another country totals less than 10 years, then the applicant noncitizen shall be denied food stamps. If the total is at least 10 years, then question C (Section 63-405.413) shall be asked.

.413 In how many of the years reported in answer to question A (Section 63-405.411) did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant noncitizen turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) earn money through work? If the answer is at least 10 years, or if the answer combined with the answer to question B (Section 63-405.412) is at least 10 years, then the earnings of the noncitizen whose eligibility is in question shall be verified before eligibility is established, except as specified in Section 63-405.112(g)(2). If the total is less than 10 years, then the applicant noncitizen shall be denied food stamps.

.42 The preferred method of verifying qualifying credits of employment is through the Social Security Administration’s (SSA’s) automated system. However, the automated system may not always verify that the earnings requirement is met. If the noncitizen believes that the records provided by the automated system are incorrect, the CWD shall inform the noncitizen of the option of challenging SSA’s records. The person whose work history is in question can visit the nearest SSA office and request a review to determine if the qualifying quarters are met. A document from SSA indicating that a determination of work credits is under review must be provided to the CWD. If for some reason the person whose work history is in question is unable or unwilling to appear in person to request an investigation of SSA’s records, they can be requested for that person through the mail. A noncitizen disputing SSA’s findings, and requesting a review through SSA’s manual system, shall be allowed to participate until SSA completes its investigation, or for a maximum of six months from the date of the original determination of insufficient quarters.

.43 After all the earnings are obtained for or on behalf of the noncitizen whose eligibility is in question, the CWD shall use the “ESTABLISHING QUARTERS” chart below to determine if the amount of earnings is sufficient to establish the required number of credits.

.44 If upon further review SSA cannot establish additional earnings and the noncitizen does not have at least 40 qualifying credits, the CWD shall establish an inadvertent household error claim for over issuance for the months food stamps were received.

.5 The following are the abused/battered noncitizens who may be considered qualified as specified in Section 63-405.118:

.51 A noncitizen who has been abused:

.511 In the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the noncitizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.512 Who has been approved by INS or has a petition pending with INS which sets forth a prima facie case for:

.52 A noncitizen whose child has been abused:

.521 In the U.S. by a spouse or a parent of the noncitizen (without the active participation of the noncitizen in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the noncitizen and the spouse or parent consented or acquiesced to such battery or cruelty, and the noncitizen did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.522 Who meets a requirement as specified in Section 63-405.512.

.53 A noncitizen child who resides in the same household as a parent who has been abused:

.531 In the U.S. by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.532 Who meets a requirement as specified in Section 63-405.512.

.54 These sections shall not apply to a noncitizen during any period in which the individual responsible for such abuse/battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such abuse/battery or cruelty.

.55 The following list includes, but is not limited to, circumstances which may demonstrate a substantial connection between the abuse/battery or extreme cruelty suffered by the applicant and the need for the benefit sought. A connection exists if the benefits are needed to enable the noncitizen, the noncitizen’s child, and/or (in the case of a noncitizen child) the noncitizen’s parent to:

.551 Become self-sufficient following separation from the abuser;

.552 Escape the abuser and/or the community in which the abuser lives, or ensure safety from the abuser;

.553 Fulfill a financial need due to loss of financial support resulting from separation from the abuser;

.554 Fulfill a financial need caused by the loss of a job because of the circumstances of the abuse;

.555 Provide or seek medical attention or mental health counseling, or health services due to disability resulting from the battery or extreme cruelty;

.556 Fulfill a financial need because of the loss of a dwelling or source of income or fear of the abuser which, following separation from the abuser, jeopardizes the applicants’ or the parents’ ability to care for his or her children;

.557 Alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;

.558 Provide or seek medical care during a pregnancy resulting from the abuser’s sexual assualt or abuse of, or relationship with the abused noncitizen and/or care for any resulting children; or

.559 Replace medical/health care services which were provided when living with the abuser.

.6 Other noncitizen provisions and procedures not superseded by Section 63-405 remain in effect.

.7 Responsibilities of Sponsored Noncitizens

.71 Obtaining the cooperation of his/her sponsor.

.72 Providing the CWD at the time of application and at the time of recertification with any information and/or documentation necessary to determine the deemed income and resources of the noncitizen’s sponsor as specified in Section 63-503.49.

.73 Providing the names (or other identifying factors) of other noncitizens for whom the noncitizen’s sponsor has signed an agreement to support.