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Chapter: 2200 Standard Filing Unit Program: FS 12 Note: If none of the individual’s own income is used to pay for room and meals, then a shelter deduction cannot be allowed. If the room and board is more than the income, only use the amount of income as the room and board amount.
Room and medical costs that can be separately identified are allowable shelter and medical expenses. However, if the amount the resident pays for room and medical care cannot be separately identified, no deduction is allowed for either shelter or medical expenses.
The portion of income used for the cost of nursing care, medical treatment, etc., cannot be used as a shelter expense. When determining the amount the resident pays for shelter, the cost of care would be deducted as shown in the following example:
$563 SSA resident income + $68 OSS resident income = $631 total income - $54 PNA (allowance will vary) = $577 remainder of income - $200 one-person maximum benefit (medical portion) = $377 net income - $250 cost of care (medical expense) = $127 total rent expense (shelter portion). 2210.0318.05 Rights of Resident Households (FS) Resident households have the same rights to notices of adverse action, fair hearings, and entitlement to lost benefits as all other food stamp households. A resident of a treatment center has the right to complete an application and has the right to same day filing. However, if the resident applies through the facility as the authorized representative, the interview, verification, and other procedures must be accomplished through the authorized representative. Under certain conditions, residents are entitled to all or a portion of the food stamps when they leave the center. 2210.0318.06 Loss of Certification from Mental Health (FS) When the group living arrangement loses its basic certification from the Mental Health or Substance Abuse Program Office(s), the residents of the facility are ineligible. Written notice will be issued via letter to the residents concerning the change in eligibility status. No notice of adverse action is required because the loss of the facility's certification is not controlled or appealable under the Food Stamp Program. 2210.0319.01 Residents of Shelters for Battered Persons (FS) A shelter for battered persons is a public or private nonprofit residential facility that serves battered individuals. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered individuals. 2210.0319.02 Department Responsibilities (FS) Prior to approving any residents, the Department must complete the following.
Determine if the shelter meets the definition of shelter for battered persons given above. Shelters having FNS authorization to redeem food stamps through wholesalers are considered to meet the definition. Therefore, no further determination is necessary for these shelters. The eligibility specialist must record the basis for this determination.
Possible methods of determining nonprofit status of a shelter include, but are not limited to:
1. Internal Revenue Service (IRS) tax-exempt status, 2. State tax-exempt status, and 3. Articles of Incorporation filed with the Secretary of State's Office as a nonprofit corporation.
If the Department is unable to determine nonprofit status using one of the methods listed above, pertinent information should be submitted to the Headquarters for a determination.