Page 35
ESA SNAP Policy Manual 19 Spouses are legally married couples, including same-sex couples. Spouses who live together must be in the same household. Parents and their children (natural, adopted or step) under age 22 who live together must be in the same household. 2.2.2 Separate Households Individuals who are not married to each other, are not under age 22 and living with their parents and purchase and prepare food separately are separate households. Example Ms. Day (age 54) lives with her brother, Mr. Earl (age 53), who receives SSI. Ms. Day purchases and prepares food separately from Mr. Earl. Ms. Day and Mr. Earl are separate SNAP households. Both may apply for SNAP benefits separately.
2.2.3 Parents With Shared Custody of a Child Customers can only receive benefits in one household during a given month. A child may receive SNAP in the household where they are living. If a child stays with their parents who do not live together, ESA determines where the child lives as follows: If the child lives in one home 51 percent of the time, they can receive SNAP only in the home where they live the majority of the time. If a child lives with two people for an equal amount of time, the child can get benefits with the parent who applies for benefits first. ESA may use any number of documents, such as custody orders, parenting plans, visitation schedules, school records or other collateral statements, to verify where a child lives the majority of the time. Example Mr. Hawkins and Ms. Steele have shared custody of their daughter, Shonda, and live in separate apartments. The court order indicates 50/50 custody, with neither parent identified as the primary custodian. ESA looks at which parent Shonda actually spends the majority of her time with to determine the SNAP household where she would be included.
2.2.3.1 Clarifying Information If a child lives in one home 183 days or more in a calendar year, that is where they live the majority of the time. The days do not need to be consecutive. A child aged 22 or older who cooks and eats separately from their parents in the residence may apply for and receive benefits as a separate household. Return