Page 38

ESA SNAP Policy Manual 22 2.4.3 Live-in Attendants A live-in attendant who lives in the SNAP household’s home to provide housekeeping, medical care, childcare or similar personal services may form a separate household if they purchase and prepare food separately from other household members. The following individuals may not be considered live-in attendants:  A person living with their spouse  A person under age 22 who is living with their natural or adoptive parent(s) or stepparent(s)  A child (other than a foster child) under age 18 who lives with and is under the parental control of a household member other than their parent 2.5 Persons Living in an Institution If a customer lives in a facility that provides more than 50 percent of three meals daily as a part of the facility’s normal services, ESA considers them to be living in an institution.  In general, people living in an institution cannot receive SNAP benefits. Examples of institutions where a resident is ineligible for SNAP include jails, prisons and boarding schools.  Residents of nonprofit homeless shelters, residents of federally subsidized housing for the elderly, individuals with addiction and their children living in drug addiction or alcohol treatment facilities, residents in group living facilities for disabled or blind persons or individuals and their children temporarily living in a shelter for battered individuals may be eligible to receive SNAP. 2.6 Residents of Drug Addiction and Alcohol Treatment Facilities Persons residing in a licensed chemical dependency treatment facility, a rehabilitation facility or facilities eligible for funding (even if they do not actually receive such funding) under Part B of Title XIX of the Public Health Service Act (42 USC § 300x, et seq.) to provide such treatment may apply for SNAP but must do so through an authorized representative. For more information, see Section 14.3, Residents of Drug Addiction and Alcohol Treatment Facilities.  Residents must be certified as one-person households unless their children are living with them, in which case the children must be included in the household.  The authorized representative must be a designated employee of the treatment facility and must apply on behalf of the resident and receive and spend the EBT allotment for food prepared by or served to the resident.  Residents in these facilities are not ineligible based on living in an institution.  ESA applies the same rules in determining eligibility and benefits for SNAP, except that these individuals must apply through the authorized representative. Legal Authority Return