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§17-1724.2-4.1 battery or cruelty is not residing in the same residence of the batterer. 320 6 iii (1) This provision applies to: (A) A non-citizen who was battered or subjected to extreme cruelty in the U.S. by a spouse or parent, or by a member of the spouse's or parent's family residing in the same residence as the non-citizen and the spouse or parent consented or acquiesced to such battery or cruelty; (B) A npn-citizen whose child was battered or subjected to extreme cruelty in the U.S. by the non-citizen's spouse or parent, or by a member of the spouse's or parent's family residing in the same residence as the non-citizen and the non-citizen did not actively participate in the battery or cruelty, and the . spouse or parent consented or acquiesced to such battery or cruelty; or (C) A non-citizen child who was residing with a parent who was battered or subjected to extreme cruelty in the U.S. by the parent's spouse or by a member of the spouse's family residing in the same residence as the parent and non-citizen child and the spouse consented or acquiesced to such battery or cruelty. (2) The battery or cruelty must be substantially connected to the need for public benefits which means that without the support of the batterer, the non-citizen is unable to obtain food and shelter because the non- citizen' s own income plus any cash, food, housing, or assistance provided by other individuals including the sponsor, does not exceed one hundred thirty-three per cent of the poverty income level for the non- ci tizen' s applicable household size. 1724.2-8