section-5 INITIAL ELIGIBILITY DETERMINATION

Section 5: Initial Eligibility Determination A. Household Concept 1. General Household Definition Household Composition - Household composition is based primarily on food units. A food unit consists of individuals customarily purchasing food and preparing meals together for home consumption. Districts shall generally accept a household's statement as to which individuals residing with the household are members, unless for some reason the household composition is questionable. A household is composed of any of the following individuals or groups of individuals: a. An individual living alone b. An individual living with others but customarily purchasing food and preparing meals for home consumption separate and apart from others or, c. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption. NOTE: Customarily purchasing and preparing means for the majority of meals in a calendar month. Majority is defined as purchasing and preparing 50% or more of three meals daily in a calendar month. NOTE: An individual away from the household for military assignment is not counted as a member of the SNAP household. Household members that are enlisted in the National Guard serving one weekend per month shall have a separate eligibility determination. NOTE: A person cannot participate as a member of more than one household at a time unless the person is a member of a reconstituted household and/or resident of a shelter for battered women and children and was a member of a household containing the person who has abused him or her. 2. Joint Custody a. Determining Household Composition: Household composition must be decided on a case-by-case basis in joint custody situations. The fundamental applicable rule is that no individual can receive SNAP benefits as a member of more than one household in any month. Some factors as parental control, primary residence, the court order, if any, and similar considerations must be evaluated. However, the duration of time, per se, which a child spends with one parent in joint situations is not necessarily the primary determining factor in whether the child is a member of that parent's household or not. b. Changes In Circumstances - So long as a child visits or resides part of the time with a parent, the child may be included in the parent's SNAP household provided that the child is not a member of another participating SNAP household. The child would remain a member of the parent's SNAP household unless: • The child is removed on a long-term basis, such as for a summer vacation of several months’ duration; or • It becomes appropriate to add the child to a different SNAP household. (See subparagraph “d” below, about district responsibility in joint custody situations.) Once in receipt of SNAP benefits as a member of one household, the child must be deleted from that household before being added to a different SNAP household. • (See also Households with Special Circumstances as affected by Simplified Reporting in Section 6 of the SNAPSB) c. Documentation - All decisions and client conversations (attestations) regarding household composition or other information relevant in joint custody situations should be thoroughly and accurately documented in the case record for Quality Control purposes. d. District Responsibility - If both parents in a joint custody situation wish to receive benefits for the same child, the issue must be resolved between the parents. District responsibility only requires insuring against duplicate participation by any individual. In addition, it is always preferable to include a joint custody child in a SNAP household than to decide if the results in the child being ineligible for SNAP benefits at all. 3. Terminated Parental Rights When a parent’s rights have been legally terminated and the parent moves into a household that includes their child[ren] who are being cared for by and under the parental control of someone else, the parent may be considered a separate SNAP household if they declare they purchase and prepare meals separately. Example 1: Grandma with legal custody (or otherwise exercising parental control) over her minor grandchildren when the children’s mother, whose parental rights have been legally terminated, returns to the household. The question is what SNAP household composition is mandated. Must they all be one household? Grandma, because she is exercising parental control over these minor children, must be in the same SNAP household as the children. Mom, because her parental rights have been legally terminated, is not required to be part of the same SNAP household as her children. Example 2: An emancipated minor (not under parental control*) returning to a household that does not include the minor’s biological parent or parents, or a child under the age of 22 returning to the household of a parent whose parental rights were terminated. In either case, the child may be a separate SNAP household if he/she declare that they purchase and prepare meals separately. * A child must be considered to be under parental control if he or she is financially or otherwise dependent on a member of the household. 4. Danks Co-op Person(s) and Essential Person(s) a. Determining Household Composition - The presence of a TA Danks Co-op Person(s) or an Essential Person(s) does not alter the method for determining SNAP household composition. That is, SNAP household composition continues to be primarily determined based on which members residing together purchase and prepare their food together. The TA Danks Co-op Person(s) or TA Essential Person(s) may, therefore, be determined as member(s) of the SNAPS household that includes other individuals with whom he or she resides, or they may be determined to be their own separate SNAP household. b. Separate Household - If the TA Danks Co-op Person(s) or TA Essential Person is a separate SNAP household they must be processed the same as any other separate SNAP household and be required to file a separate SNAP application and receive all required SNAP notices. If the Essential Person(s) is a separate SNAP household but is not a separate TA case, a separate NTA/SNAP case must be opened on WMS in order to separately issue SNAP benefits. However, if the Essential Person has a separate TA case opened on WMS for purposes of separately being issued their TA benefits, their SNAP benefits may be issued as part of that TA/SNAP case. c. Member of TA Household - If the Essential Person(s) is determined a member of the SNAP household that includes other TA members, he/she will be issued their SNAP benefits included with the other TA members, as part of the main TA household's TA/SNAP case. References: 387.1 Definitions 03 INF 10 7 CFR 273.1(a)(2) Household Concept 7 CFR 273.1(c)(1) Household Concept 7 CFR 273.3 (a) Residency 7 CFR 273.2 (f) (1) (x) Office Operations and Application Processing LDSS-4314 Supplemental Nutrition Assistance Program (SNAP) Benefits Household Composition Desk Guide. FNS 6/12/2006 Letter- Separate Household Status for Disabled Persons 03 ADM-07 Temporary Assistance: New Shelter Allowances and Related Changes 24-ADM-11 - New Temporary Assistance Recertification Periods and Corresponding Verification Requirements for Household Composition and Residence LDSS-3666 TA/FS DOCUMENTATION/VERIFICATION DESK GUIDE ABEL Transmittal # 03-5, Information #3: Changes to Cooperative Budgeting of Shelter Allowances B. Special Household Definition 1. Ineligible For Non-Household/Separate Household Status The following individuals living with others or groups of individuals living together must be considered as customarily purchasing food and preparing meals together, even if they do not do so: a. A spouse of a member of the household, including same sex spouses. b. Children or stepchildren under 22 years of age, living with parents and their biological or adoptive child(ren) or stepchild(ren), regardless of whether they have children or a spouse, or regardless of whether the child is legally emancipated; NOTE: Please refer to GIS 12 TA/DC019 for policy regarding participation of 18-21 year old in NYSNIP/NYSCAP and residing with their parents. In certain situations these 18-21 year old can have a separate NYSNIP/NYSCAP case from their parents even though they are residing with their parents. c. Children under 18 years of age other than foster/KinGAP children under the parental control of an adult household member who is not the children's parent or stepparent. NOTE: The Kinship Guardianship Assistance Program (KinGAP) was signed into Law with Chapter 58 of the laws of 2010 and went into effect April 1, 2011. KinGAP, which is administered by OCFS, is a new program in New York State designed to provide monthly payments and other benefits to qualified relative guardians of foster children who have been discharged from foster care. Further information on KinGAP can be found in 11-OCFS-ADM-03: Kinship Guardianship Assistance Program (KinGAP). KinGAP payments should be treated the same as foster care payments for SNAP purposes. This gives families the choice of including the child as a member of the household, and counting the KinGAP payment as unearned income, or excluding the child and the KinGAP payment. The decision to include or exclude a child from a household’s SNAP case should depend on if the household would benefit financially by including or excluding the child. NOTE: The determination as to whether a minor child under 18 is under the parental control of a household member must be made on a case-by- case basis. Parental control is generally determined based on the minor's capability of providing for 50% or more of his or her own financial support. This support may be from sources such as wages from employment or receipt of his/her own TA grant. In the circumstance of an unrelated minor child residing with an adult, the child may not always be determined to be under the adult’s parental control. For example, a 17-year-old mother residing with an adult may be receiving TA in her own name, may be employed or may be residing with her spouse. In such situations, a strong case can be made she is not under the adult's parental control. On the other hand, a 13-year-old with a child, who has no income, would have difficulty establishing that she or he is not under parental control. The reason for the decision to allow or disallow separate household status must be thoroughly documented in the case record. 2. Eligible for Separate Household Status An otherwise eligible individual who is 60 years of age or older living with others (and the spouse of such individual) who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or suffers from a non-disease- related, severe, permanent disability may be a separate household. However, the income of others with whom the individual resides (excluding the income of the individual and spouse) cannot exceed 165 percent of the poverty level. For further budget information, see ABEL Manual, Section G - SNAP - Separate Household Status. NOTE: Residents of Drug Addiction or Alcohol Treatment and Rehabilitation Facilities and Group Living Facilities (as defined in this section) who apply through an authorized representative are not subject to the provisions of this Special Household Definition Section. Household composition for such residents shall be determined according to this section. References: 387.1 Definitions 97 ADM-4 Clarifications of Various Food Stamp Welfare Reform Provisions 95 ADM-15 Food Stamp Program Implications of the Mickey Leland Childhood Hunger Relief Act 91 INF-3 1990 Income Maintenance Regional Meetings Questions and Answers 96 LCM-83 Food Stamp Impact of New Federal Welfare Law 11 ADM-05 Temporary Assistance Budgeting: Treatment of Kinship Guardianship Assistance Program (KinGAP) Payments GIS 12 TA/DC019 Participation of 18-21 Year Olds in NYSNIP FNS Letter 7/15/2015 Same-Sex Marriage and SNAP Mandatory Household Status C. Non-Households Members Eligible For Non-Household/Separate Household Status - The following individuals, if otherwise eligible, may participate in SNAP as separate households: 1. Roomer Individuals who pay a household for lodging but not food may participate as a separate household. Before an individual is budgeted as a roomer, consideration should first be given to treating the individual as a non- household member who shares in incurring household expenses – i.e., as a shared living arrangement. 2. Live -In Attendant Individuals who live with a household to provide medical, housekeeping, childcare, or other similar personal services may participate as a separate household. References: 387.2 Responsibilities of Local Government 273.1 Household Concept LDSS-4314 Supplemental Nutrition Assistance Program (SNAP) Benefits Household Composition Desk Guide. D. Ineligible Individuals Ineligible Individuals - The following individuals or groups of individuals are not eligible to participate: 1. Ineligible Student A student who is subject to but does not meet the eligibility requirements stated in this section. 2. Ineligible Alien An individual who does not meet the citizenship or eligible alien status set forth in this section. 3. Fraud/Intentional Program Violation An individual disqualified for fraud/IPV according to SNAPSB Section 7. 4. SSN Disqualified An individual disqualified for refusal to apply for or provide an SSN as set forth in this section. 5. SNAP Work Requirement Sanction An individual who was sanctioned for failure to comply with a SNAP work requirement contained in Section 385.12 of 18 NYCRR. NOTE: Please see section 13 and 17 for information on budgeting the income and resources of ineligible individuals. 6. Ineligible ABAWD An individual Ineligible to receive SNAP benefits for failure to meet ABAWD work requirements. Any household member that has used their three months of non-ABAWD compliance in a 36-month period is ineligible for SNAP benefits per 18 NYCRR 385.3. 7. Residents of institutional living arrangements (except for the following and as defined in this section): a. Residents of federally subsidized housing for the elderly, built under section 202 of the Housing Act of 1959 (P.L. 86-372) or section 236 of the National Housing Act (P.L. 73- 479); b. Individuals residing in public or approved nonprofit private drug or alcoholic treatment centers and children who live with their parent or parents in such drug or alcoholic treatment centers; c. Disabled persons who reside in approved group living facilities as defined in this section; d. Women or women with their children who are residing in temporary shelters for battered woman and children; e. Homeless individuals or families residing in temporary public or private non-profit shelters for homeless persons. NOTE: Children living with their incarcerated mothers are ineligible for SNAP since they are considered boarders. 8. Residents of a commercial boarding house A boarding house is an establishment which is licensed or viewed by the community as a commercial enterprise, offering meals and lodging for compensation with the intention of making a profit. The number of boarders residing in the boarding house shall not be used to determine if it is a commercial enterprise. Individuals living with others and paying reasonable compensation to the others for meals and lodging (boarders) except as specified in this section. Reasonable compensation is defined in the next section describing boarders. References: 387.1 Definitions 95 ADM-4 Public Assistance and Medical Assistance Benefits For Infants Residing With Their Incarcerated Mothers 12 INF-03 Temporary Assistance (TA) and Medicaid (MA) Benefits For Infants Residing With Their Incarcerated Mothers LDSS-4314 Supplemental Nutrition Assistance Program (SNAP) Benefits Household Composition Desk Guide. E. Boarders Definition - A boarder is an individual who resides with others and pays reasonable compensation for lodging and meals. 1. Ineligible To Participate Boarders are ineligible to participate independent of the household providing the board. However, the household providing the boarder services may request that the boarder participate as a member of their household. 2. Boarder Status Boarder status shall not be extended to: a. Those individuals or groups of individuals described in this section including children or siblings residing with elderly or disabled parents or siblings. b. Boarder status cannot be extended to those living in an institutionalized setting, nor should boarders be considered to be residents of an institution. c. Individuals paying less than a reasonable monthly payment for meals. These persons will be counted as members of the household which provides the lodging and meals. 3. Determining Reasonable Compensation A reasonable monthly amount for meals shall be either of the following: a. Boarders whose board arrangement is for more than two meals a day shall pay an amount which equals or exceeds the Thrifty Food Plan for the appropriate size of the boarder household: or b. Boarders whose board arrangement is for two meals or less per day shall pay an amount which equals or exceeds two-thirds of the Thrifty Food Plan for the appropriate size of the boarder household. NOTE: Only the amount paid for meals shall be used provided that the amount paid for meals is distinguishable from the amount paid for lodging. 4. Household Eligibility The households with whom a boarder resides (including the household of the proprietor of a boarding house) may participate in the program if otherwise eligible. References: 387.1 Definitions 387.16 Special Provisions for Household Circumstances 273.1 Household Concept Elderly/Disabled Members F. Elderly/Disabled Members 1. Elderly/Disabled Members a. An elderly member is one who is 60 years of age or older. b. A disabled member is one who is: (1) Receiving Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act or disability or blindness payments under Titles I, II, X, XI, V, or XVI of the Social Security Act, (2) A veteran with a service-connected or non-service connected disability rated or paid as total (100%) by the Veteran's Administration (VA) or is considered by the VA to be in need of regular aid and attendance or permanently housebound, (3) A surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound, (4) A surviving child of a veteran and considered by the VA to be permanently incapable of self-support, (5) A surviving spouse or child of a veteran and entitled to compensation for a service-connected death or pension benefit for a non-service connected death based on a VA determination and has a disability considered permanent under the Social Security Act. "Entitled" in this definition refers to those veterans' surviving spouses and children who are receiving the benefits stated above or have been approved for such payment. For disabilities that are considered permanent see SNAPSB Section 19. (6) Receiving Federal- or State-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under title XVI of the Social Security Act. (7) Receiving Federal- or State-administered supplemental benefits under section 212(a) of Public Law 93-66, (8) Receiving a Federal, State or Local government disability retirement pension because of a disability considered permanent under Section 221(i) of the Social Security Act. This includes individuals receiving payments under the Federal Employment Compensation Act (FECA). Individuals receiving FECA payments are considered permanently disabled under section 221(i) of the Social Security Act if the payments are made to a person in lieu of Civil Service Retirement (CSR) benefits. Example: NYS Disability Retirement benefits. Persons receiving FECA payments pending a determination of eligibility for CSR may not be considered disabled under this provision. Only those who can document that they have elected to receive FECA payments in lieu of CSR benefits satisfy the requirements of this provision. NOTE: Employees injured on the job who receive temporary FECA payments while they recover are not considered permanently disabled under this provision. (9) Receiving an annuity under: (a) Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act; or (b) Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to qualify for Medicare by the Railroad Retirement Board; or (10) Receiving authorization of Medical Assistance (MA) based upon disability or blindness. In New York State, such medical assistance recipients are those who have been certified by Medical Assistance as blind, disabled or "SSI-related", pursuant to Title XVI. The following is a link to what disabilities are classified as permanent under the Social Security Act: http://www.socialsecurity.gov/disability/professionals/bluebook/Adul tListings.htm (11) A recipient of interim assistance benefits pending the receipt of Supplemental Security Income (SSI), provided that the eligibility to receive these benefits is based upon disability criteria which are at least as stringent as those used under Title XVI of the Social Security Act (SSA). For purposes of this part of the SNAP definition of disabled, interim assistance means any TA given to individuals applying for SSI. In New York State, interim assistance is issued to eligible individuals pending receipt of SSI. However, there is no requirement that a determination of disability be done as a condition of receiving the interim assistance. Since these individuals can be referred to SSI without a thorough disability determination or have applied on their own without a district review of their disability, they do not meet the definition of disabled while receiving interim assistance payments. However, in certain circumstances a determination of disability using criteria as strict as required by the SSA is done for interim assistance recipients before the SSI determination is completed. In such situations, the person is considered disabled while receiving interim assistance. It is anticipated that one group this provision may apply to would be individuals in receipt of the emergency shelter allowance for persons with AIDS or HIV-related illness. NOTE: The definition of elderly or disabled applies when determining eligibility for uncapped excess shelter and medical deductions and the exemption from gross income test. When households/individuals receiving SNAP while pending SSI are determined eligible for SSI, they must be re-budgeted as a household with an elderly/disabled member retroactive to the date of eligibility for SSI, or SNAP application date, whichever is later (see this section and SNAPSB Section 12. Benefits will be restored according to SNAPSB Section 11. 2. WMS/MyWorkspace Instruction Individuals described in paragraph 10 above are identified by WMS Individual Categorical Code "11- Blind" or "12- Disabled" on Screen 3 of the WMS Medical Assistance Case Record. An 'X' should be entered in the Aged-Disabled Indicator on the SNAPABEL Budget if the Individual Categorical Code is 12 or 13. An “A” should be entered in the Aged- Disabled Indicator in WMS/MyWorkspace if all SNAP household members are aged/disabled (Upstate districts only). References: 387.1 Definitions 273.2 (f) (1) (viii) Office Operations and Application Processing 94 ADM-15 Food Stamps: Expansion of Definition of Food Stamp Eligibles Who Reside in Certain Group Living Arrangements 91 ADM-15 Food Stamps: Definition of Disabled 99 LCM-1 Food Stamp Program: Clarification of Definition of Disability P.L. 93-66 SUPPLEMENTAL SECURITY INCOME BENEFITS FOR ESSENTIAL PERSONS SSA 221(i) DISABILITY DETERMINATIONS SSA Title XVI SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED G. Household Types 1. Temporary Assistance (TA) Household A household in which all members are applying for or receiving Family Assistance (FA) or Safety Net Assistance (SNA). 2. Mixed Household A household in which all members apply for SNAP benefits as a single unit and some of the members also apply for TA or are current TA recipients. Example: A five-person household applies for SNAP benefits. Three members of the SNAP household receive a TA grant. One member of the SNAP household who receives SSI and one member of the SNAP household who is a legally assigned foster child are not included in the TA grant. This household is a mixed household for SNAP purposes. 3. Non-Temporary Assistance (NTA) Household A household in which no one is a TA applicant or recipient. 4. "Pure" SSI Household A household in which all members are SSI applicants or recipients. References: 273.23 (d) Simplified Application and Standardized Benefit Projects H. Head of Household 1. Definition Head of Household is the member of the applicant household designated by the household to represent them in matters pertaining to its eligibility for and receipt of SNAP benefits. The head of household classification is not one required under SNAP Regulations and must not be used to impose special requirements on the household, such as requiring that the head of household, rather than another responsible member of the household, receive benefits in his/her name or apply and be interviewed for benefits. 2. Designation i. By Applicant - At time of application, the applicant should designate a household member in whose name benefits will be issued. The applicant may also designate a head of household whenever there is a change in household composition. ii. By District - If the applicant is unable to designate a member of the applicant household, or if there is no adult member, the eligibility worker shall designate the member in whose name benefits will be issued. References: 387.1 Definitions 273.1 (d) Household Concept I. Non-Financial Eligibility Standards 1. Categorical Eligibility 1. Categorically Eligible Households - Categorically Eligible households are not subject to the Gross Income Test, the Net Income Test, or the SNAP resource test. Categorically eligible households are presumed, without further investigation or verification, to meet the resource limits as a result of all members of the household being eligible for Family Assistance, non- emergency Safety Net Assistance and/or SSI. All other requirements of SNAP eligibility apply to categorically eligible households. The following households are considered categorically eligible for SNAP benefits. 1) All NTA/SNAP households that have income at or below 130% of the Federal Poverty Level (FPL) and have received a TANF-MOE funded service except (a): a. SNAP households containing an individual who has been disqualified for an Intentional Program Violation (IPV); 2) Households that have earned income, and a total gross income (both earned and unearned) at or below 150% of the federal poverty limit; and, 3) households that have out-of-pocket dependent care expenses and a gross income at or below 200% of the federal poverty limit; 4) households that have either an elderly or disabled member (or members) and a gross income at or below 200% of the federal poverty limit; Note: SNAP households containing a member who is age 60 or older, or disabled may be eligible with income above 200% of the Federal Poverty Level, but cannot be considered categorically eligible. If income is above 200% of the Federal Poverty Level, the household must pass the Net Income Test and the Resource Test. 5) Households in which all members receive or are authorized to receive TA and/or SSI benefits shall be eligible for SNAP because of their status as TA and/or SSI recipients. 6) Recipients who meet the categorical eligibility criteria because they are authorized to receive TA or SSI benefits shall include: i. Individuals determined eligible for TA and/or SSI benefits who have not yet received payments from these programs; ii. Individuals whose TA or SSI benefits are suspended or being recouped; NOTE: If an SSI recipient has his/her SSI benefits suspended, the SSI income would continue to be budgeted for SNAP only if the suspension is due to a recovery of past SSI benefits fraudulently received. (See SNAPSB Section 13) However, a household in which a member is suspended from SSI for non-compliance with Drug Addiction and/or Alcoholism treatment requirements is not categorically eligible to participate in the SNAP. The household cannot be considered categorically eligible as SSI recipients until that individual's suspension ends and the individual starts receiving SSI benefits. Because these individuals will not receive any retroactive SSI benefits for the period of suspension, they would not be "authorized to receive" SSI benefits as required for categorical eligibility. In order to regain SNAP certification, the household would have to be determined eligible under normal requirements. The SNAP eligibility determination would be calculated without including an SSI benefit as income for the suspended individual until the suspension period ends and benefits are resumed. 7) Individuals determined eligible to receive zero TA or SSI benefits; Example: TA or SSI recipients whose benefits are being recouped, or TA recipients whose benefits are less than $10 and therefore not payable. 8) Individuals initially denied SSI. If a person is denied SSI, then wins an appeal later, the SNAP categorical eligibility would be effective from the effective date of his/her SSI application (or of a SNAP application which is filed later than the SSI application) as established by the appeal. 2. Determining Household Composition All SNAP household composition provisions as defined in this section must be properly applied when establishing whether a group of people is categorically eligible. a. Compliance With Other Eligibility Requirements - Categorically eligible households must comply with all SNAP eligibility requirements. b. Application Processing - If a SNAP household has either jointly or separately filed an application for TA (FA and Federally Funded SNA) and/or SSI benefits, and NTA/SNAP benefits the application for SNAP must be processed according to the following standards: c. The determination must be made within 30 days of the SNAP application filing date. d. The SNAP eligibility determination shall not be delayed beyond the 30th day from the date the SNAP application was filed, awaiting the determination of eligibility for TA and/or SSI benefits. e. When households/individuals receiving SNAP while pending SSI are determined eligible for SSI, they must be re-budgeted as a categorically eligible elderly/disabled household retroactive to the date of eligibility for SSI or SNAP application date, whichever is later. See SNAPSB Section 11. f. In re-budgeting the SNAP case for the months covered by the retro SSI payment the monthly SSI amount cannot be budgeted as income because when the benefits were issued, the SSI had not yet been received. g. In no event, however, can SNAP benefits be provided due to categorical eligibility prior to the date of an original SNAP application filed. 3. Verification a. Households that are categorically eligible due to household members being in receipt of either TA or SSI benefits will have the following factors accepted for SNAP eligibility without further verification: (a) Resources (b) Social security numbers of the household members (c) Residency, and (d) Sponsored alien information b. All other eligibility and benefit determination factors must be verified. Questionable circumstances must also be verified. 4. Eligibility and Benefit Determination a. Pure TA/SSI households are exempt from the SNAP resource, gross income and net income limits, but the standard benefit amount calculation must be followed as for all other SNAP households. One and two person households that are categorically eligible are always entitled to at least the minimum SNAP benefit for a household of 1 or 2 persons. Categorically eligible households with three or more members will be entitled to benefits of at least $2if the Thrifty Food Plan, reduced by 30% of their net income, is at least $1. Pure TA/SSI households with three or more members will be automatically entitled to a benefit determination, but not necessarily entitled to receive SNAP benefits because of the way benefit levels are calculated. b. A household categorically eligible for zero benefits must be denied or closed rather than suspended. In such cases, the household is categorically eligible for zero benefits. 5. Households Which Lose Categorical Eligibility Households which lose SNAP categorical SNAP eligibility must be reassessed for continued SNAP eligibility. Categorically Ineligible Households - The following households are not categorically eligible: a. Households containing a member who has been disqualified from the SNAP due to an intentional program violation or other sanction. b. Households containing an aged and/or disabled member with gross income is above 200% of the Federal Poverty Level 6. WMS/MyWorkspace Instructions 1. Categorical Indicator - The CE entry needs to be changed only when SNAP household circumstances change. 1) Categorically Eligible (a) If all persons in the SNAP household are receiving TA or SSI, the household is categorically eligible for SNAP and must be coded "Y." If a "Y" is entered in the CE field, ABEL will not apply the 130% Gross Income Test nor the 100% Net Income Test. (b) NTA-SNAP households that are categorically eligible for SNAP must be coded “N”. If an “N” is entered in the CE field only the 130% Gross Income Test is applied. (c) NTA-SNAP households with earned income that are categorically eligible for SNAP benefits must be coded “N”. If an “N” is entered in the CE field only the 150% Gross Income Test is applied. (d) NTA-SNAP households with a sanctioned or disqualified individual must be coded “S” and pass the 130% Gross Income Test, 100% Net Income Test and the Resource Test. (e) SNAP households with an aged/disabled member(s) must be coded “N” and pass the 200% Gross Income Test. If the household fails the 200% Gross Income Test, then the household is not categorically eligible and is subject to the 100% Net Income Test and Resource Test. The CE indicator will automatically change to “A”. (f) SNAP households that incur dependent care expenses and pass the 200% Gross Income Test will have a CE code of “N”, unless the household members are all receiving TA and/or SSI, then the CE indicator will be “Y”. 2) Categorically Ineligible - TA households containing a sanctioned TA member who is also SNAP sanctioned are not categorically eligible and must be coded “S”. 3) Categorical Eligibility For Surplus TA Budgets Or TA Budgets With A Sanctioned Individual - ABEL requires the worker to re-evaluate SNAP categorical eligibility for TA/SNAP cases in which: (a) A person has been sanctioned from the TA case or; (b) There is a TA budget surplus. ABEL does not require the worker to re-evaluate SNAP categorical eligibility for any other TA/SNAP cases. References: 387.14 Determination of Food Stamp Eligibility 273.2 Office Operations and Application Processing 273.10 (e) (2) (ii) (C) Determining Household Eligibility and Benefit Levels 09 ADM-06 Expansion of Categorical Eligibility for Food Stamps for Households with Out-of pocket Dependent Care Expenses 07 ADM-09 Categorical Eligibility for Food Stamps 01 ADM-2 Expansion of Food Stamp Categorical Eligibility 10 INF-07 LDSS-4943 (11/09): “Food Stamp Benefits Categorical Eligibility Desk- Aid” 08 INF-03 Categorical Eligibility for Food Stamps Q & As 95 INF-35 Food Stamps: SSI or SSDI When Disability is Based on Drug Addiction or Alcoholism 12 INF-12 Pub-4916 (Rev 12/11): Helping Hands for People in Need Brochure no longer required J. Residency An applicant must live within the geographic area served by the district in which they file an application for SNAP benefits. To determine residency, the district must: • Determine whether or not the applicant physically resides in the district. • Not impose a time limited residency requirement. • Not interpret residency to mean the intent to permanently reside in the State or district. However, persons in the district solely for vacation purposes must not be considered residents. 1. Homeless Individual Or Family An individual or family shall be considered homeless when the individual or family lacks a fixed and regular nighttime residence or has a primary nighttime residence that is: a. A supervised shelter, such as a hotel or motel or congregate shelter, which is designed to provide temporary accommodations; or b. An institution that provides temporary residence for individuals who need to be institutionalized; or c. A place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places). d. A temporary accommodation in the residence of another individual or family (couch surfing). For homeless households, in addition to the above, the districts must: a. Not require an otherwise eligible household to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility. Residence can be a car, bus, etc. b. Not deny participation in the program to a homeless household when residency cannot be verified. c. Provide assistance in obtaining their benefits to households who do not reside in a permanent dwelling or have a fixed mailing address. An issuance system must be developed that assures that all certified households have access to their benefits. NOTE: A household cannot receive benefits in more than one district in any month unless an individual is a resident of a shelter for victims of domestic violence and was a member of a household containing the person who had abused him or her. Residents of shelters for victims of domestic violence shall be handled in accordance with SNAPSB Section 5. NOTE: Residents of programs for victims of domestic violence who receive TA from a district other than the district of residence also must have their SNAP case processed by the district determined to be fiscally responsible for TA provided the where from district is able to issue benefits within required timeframes. 2. Responsibilities Of Former District Of Residence a. The former district is required to inform the recipient of the need to apply for SNAP benefits in the new district if such recipient wishes to have his or her SNAP benefits continued after the effective closing date of the SNAP case from the former district. b. The former district must respond to any oral or written inquiries from the new district about the status of the SNAP case, the effective closing date of the SNAP case in the former district, or about whether SNAP benefits have been issued or received by the households. c. The former district must provide copies of documentation from the recipient's case record as requested either orally or in writing by the new district. The former district must comply with such requests as soon as possible, but in no event later than 10 days after receiving the request from the new district. d. When a recipient of TA and SNAP moves on their own to another district and continues to be eligible, the "from" district continues to provide TA and SNAP benefits during the month of the move and the month following the month of the move. Households are encouraged to apply and establish eligibility in the new "move to" district of residence during the two-month transitional period to avoid interruption of benefits. Temporary Assistance households which are continued on TA by the "move from" district, as required under district of fiscal responsibility for reasons of the Medical Facility, Placement or Temporary Absence rules, as specified in 97 INF-6 District of Fiscal Responsibility, will not be required under this policy to be continued on SNAP by the "move from" district. e. NTA/SNAP only households that move from one district to another must be provided adequate notice of closing. As a best practice, the “move from” should provide benefits for the month of the move and the month following the month of the move to prevent a lapse in benefits to the household while the household applies for benefits in the “move to”. f. If the household is residing in a domestic violence shelter and the alleged abuse occurred in the where from district, the where from district is responsible to issue SNAP benefits the duration of the stay in the shelter provided the household was receiving TA in the where from district or applying for TA at the time of the alleged abuse. 3. Responsibilities Of The New District Of Residence a. At the time an individual contacts the new district and indicates that he/she wishes to apply for SNAP benefits in that district, the new district must provide the individual with an application and must schedule a face-to-face or telephone interview as explained in SNAPSB Section 4. The new district must not refuse to give out, accept or process the application on the grounds that the recipient is, or should be, receiving SNAP benefits from the former district. b. If the recipient is unable to produce a closing notice from the former district or claims that he/she is not actually receiving appropriate SNAP benefits from the former district, it is the responsibility of the new district to contact the former district to ascertain the current status of the recipient. NOTE: Expedited application processing service should not be delayed if the district has failed to obtain verification of the case closing. If the recipient is, or claims to be, unable to provide necessary documentation which is likely to be in the possession of the former district (e.g., birth certificates, etc.), it is the responsibility of the new district to obtain documentation needed to establish the recipient's continued eligibility from the case records maintained by the former district. Documentation which is specifically relevant to the recipient's residence in the new district, such as rent costs, current household composition and income, if changed, must be obtained from the recipient or through regular documentation/verification procedures c. When the recipient applies for SNAP benefits in the new district before benefits from the former district cease, the new district must accept and process the SNAP application within normal SNAP processing requirements and time frames. However, every attempt must be made to process the application quickly and to assure that SNAP benefits to an otherwise eligible recipient are not delayed or interrupted solely because of that recipient's move into a new district. If the new district determines that the recipient is eligible before SNAP benefits from the former district have ceased, the new district must open the case effective with the date that benefits from the former district are scheduled to end. d. The initial SNAP benefits are not prorated if an application is made in a new district on or before the first day of the month following the expiration of benefits in the former county of origin. However, if application is made in the new district after the first day of the month following the expiration of SNAP benefits in the county of origin, the SNAP benefits for the first month in the new district must be prorated from the date of the application filed in the new district. SNAP eligibility may not be established until all documentation is received. However, an initial month's benefit shall not be prorated due to a delay in receiving documentation which is not the fault of the applicant. e. If the resident of a domestic violence shelter was receiving TA in another district or was applying for TA in another district at the time of the alleged abuse, and the resident qualifies for expedited processing, the expedited timeframes must still be met. If the where from district is unable to process the case within the required expedited timeframes for any reason, the where found district will provide a CBIC if necessary and issue the expedited benefits within the required expedited timeframe. The where from district will make the future ongoing payments. The two districts do not have to reconcile the benefits as they are federal funds. References: 387.1 Definitions 387.9(a) Investigation and Eligibility 273.3 Residency 273.2 (f) (1) (vi) Office Operations and Application Processing 01 ADM-1 Continuation of Food Stamps on TA Case During Move 97 ADM-4 Clarifications of Various Food Stamp Welfare Reform Provisions 97 INF-6 District of Fiscal Responsibility 06 ADM-7 Revised District of Fiscal Responsibility for Homeless Placements Out of District 00 INF-19 District of Fiscal Responsibility (DFR) Procedures 06 INF-34 Domestic Violence Residential Programs – Payment Issues and District of Fiscal Responsibility (DFR) K. Citizenship and Non-Citizen (alien) Status 1. Household members meeting citizenship or non-citizen (alien) status requirements. No person is eligible to participate in the Program unless that person is: a. A U.S. citizen; b. A U.S. non-citizen national c. An individual who is: i) An American Indian born in Canada who possesses at least 50 per centum of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act (INA) (8 U.S.C. 1359) apply; or ii) 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)) which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians; d. An individual who is: i) Lawfully residing in the U.S. and 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 beginning August 5, 1964, and ending May 7, 1975; ii) The spouse, or surviving spouse of such Hmong or Highland Laotian who is deceased, or iii) An unmarried dependent child of such Hmong or Highland Laotian who is under the age of 18 or if a full-time student under the age of 22; an unmarried child under the age of 18 or if a full time student under the age of 22 of such a deceased Hmong or Highland Laotian provided the child was dependent upon him or her at the time of his or her death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the person prior to the child's 18th birthday. For purposes of this section, child means the legally adopted or biological child of the person described in the paragraph above of this section, or e. An individual who is: i) A non-citizen who has been subjected to a severe form of trafficking in persons and who is certified by the Department of Health and Human Services, to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA; or ii) A non-citizen who has been subjected to a severe form of trafficking in persons and who is under the age of 18, to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA; iii) The spouse, child, parent or unmarried minor sibling of a victim of a severe form of trafficking in persons under 21 years of age, and who has received a derivative T visa, to the same extent as a non- citizen who is admitted to the United States as a refugee under Section 207 of the INA; or iv) The spouse or child of a victim of a severe form of trafficking in persons 21 years of age or older, and who has received a derivative T visa, to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA; or f. An individual who is both a qualified non-citizen as defined in this section and an eligible non-citizen as defined in this section. 1) A qualified non-citizen is: a) A non-citizen who is lawfully admitted for permanent residence under the INA; b) A non-citizen who is granted asylum under section 208 of the INA; c) A refugee who is admitted to the United States under section 207 of the INA; d) A non-citizen who is paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year; e) A non-citizen whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA; f) A non-citizen who is granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980; g) A non-citizen who has been battered or subjected to extreme cruelty 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 non-citizen at the time of the abuse, a non-citizen whose child has been battered or subjected to battery or cruelty, or a non-citizen child whose parent has been battered;[2] or h) A non-citizen who is a Cuban or Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980. 2) A qualified non-citizen, as defined in this section, is eligible to receive SNAP benefits and is not subject to the requirement to be in qualified status for 5 years as set forth in this section, if such individual meets at least one of the criteria of this section: a) A non-citizen age 18 or older lawfully admitted for permanent residence under the INA who has 40 qualifying quarters as determined under Title II of the SSA, including qualifying quarters of work not covered by Title II of the SSA, based on the sum of: quarters the non-citizen worked; quarters credited from the work of a parent of the non-citizen before the non-citizen became 18 (including quarters worked before the non-citizen was born or adopted); and quarters credited from the work of a spouse of the non-citizen during their marriage if they are still married or the spouse is deceased. (1) A spouse may not get credit for quarters of a spouse when the couple divorces prior to a determination of SNAP eligibility. However, if the State agency determines eligibility of an non-citizen based on the quarters of coverage of the spouse, and then the couple divorces, the non-citizen eligibility continues until the next recertification. At that time, the State agency must determine the non-citizen’s eligibility without crediting the non-citizen with the former spouse's quarters of coverage. (2) After December 31, 1996, a quarter in which the non-citizen received any Federal means-tested public benefit, as defined by the agency providing the benefit, or received SNAP benefits is not creditable toward the 40-quarter total. Likewise, a parent's or spouse's quarter is not creditable if the parent or spouse received any Federal means-tested public benefit or received SNAP benefits in that quarter. The State agency must evaluate quarters of coverage and receipt of Federal means-tested public benefits on a calendar year basis. The State agency must first determine the number of quarters creditable in a calendar year, then identify those quarters in which the non-citizen (or the parent(s) or spouse of the non-citizen) received Federal means-tested public benefits and then remove those quarters from the number of quarters of coverage earned or credited to the non-citizen in that calendar year. However, if the non-citizen earns the 40th quarter of coverage prior to applying for SNAP benefits or any other Federal means- tested public benefit in that same quarter, the State agency must allow that quarter toward the 40 qualifying quarters total; b) A non-citizen admitted as a refugee under section 207 of the INA; c) A non-citizen granted asylum under section 208 of the INA; d) A non-citizen whose deportation is withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) or the INA; e) A non-citizen granted status as a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); f) An Amerasian admitted pursuant to section 584 of Public Law 100-202, as amended by Public Law 100-461; g) A non-citizen with one of the following military connections: (1) A veteran who was honorably discharged for reasons other than non-citizen status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service. The definition of veteran includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts, as described in 38 U.S.C. 107; (2) An individual on active duty in the Armed Forces of the U.S. (other than for training); or (3) The spouse and unmarried dependent children of a person described in this section, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. An unmarried dependent child for purposes of this paragraph is: a child who is under the age of 18 or, if a full-time student, under the age of 22; such unmarried dependent child of a deceased veteran provided such child was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child's 18th birthday. For purposes of this paragraph child means the legally adopted or biological child of the person described in this section. h) An individual who is receiving benefits or assistance for blindness or disability. The disability assistance or benefits must be predicated on a disability determination using criteria at least as stringent as the criteria used under title XVI of the Social Security Act. This includes qualified immigrants who receive Supplemental Security Income (SSI) or Social Security Disability (SDSD), or Medicaid if a disability determination has been made (WMS Individual Categorical Code 11 or 12.) i) An individual who on August 22, 1996, was lawfully residing in the U.S., and was born on or before August 22, 1931; or j) (An individual who is under 18 years of age. 3) The following qualified non-citizens, as defined in this section, must be in a qualified status for 5 years before being eligible to receive SNAP benefits. The 5 years in qualified status may be either consecutive or nonconsecutive. Temporary absences of less than 6 months from the United States with no intention of abandoning U.S. residency do not terminate or interrupt the individual's period of U.S. residency. If the resident is absent for more than 6 months, the agency shall presume that U.S. residency was interrupted unless the non-citizen presents evidence of his or her intent to resume U.S. residency. In determining whether an non-citizen with an interrupted period of U.S. residency has resided in the United States for 5 years, the agency shall consider all months of residency in the United States, including any months of residency before the interruption: a) A non-citizen age 18 or older lawfully admitted for permanent residence under the INA. b) A non-citizen who is paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year; c) A non-citizen who has been battered or subjected to extreme cruelty 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 alien at the time of the abuse, an alien whose child has been battered or subjected to battery or cruelty, or an alien child whose parent has been battered; d) A non-citizen who is granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980. 4) Each category of eligible alien status stands alone for purposes of determining eligibility. Subsequent adjustment to a more limited status does not override eligibility based on an earlier less rigorous status. Likewise, if eligibility expires under one eligible status, the State agency must determine if eligibility exists under another status. 5) For purposes of determining eligible non-citizen status in accordance with this section “lawfully residing in the U.S.” means that the non-citizen is lawfully present as defined at 8 CFR 103.12(a). 2. Eligible non-citizens [State Regulation 387.9(a)(2)] To be eligible to participate in the SNAP program, a person must be a citizen of the United States, a noncitizen national of the United States, or be a qualified eligible non-citizens. Only qualified non-citizens are eligible for federally funded benefits. A qualified non-citizen is an individual who meets the specific definition of qualified alien (non-citizen) found at 7 CFR 273.4(a)(6)(i), which includes lawful permanent residents, asylees, refugees, parolees, individuals granted withholding of deportation or removal, conditional entrants, Cuban or Haitian entrants, battered non-citizens, and non-citizen victims of a severe form of trafficking. See also PRWORA, 8 U.S.C. § 1641. The term qualified non-citizen is not itself an immigration status but includes a collection of immigration statuses. It is a term used for Federal public benefits purposes. Because of their immigration status, the federal government grants certain qualified non-citizens special access to all federal benefit programs including SNAP. OTDA identified these non-citizens as “specially qualified non- citizens”. Specially qualified non-citizens are not subject to the five year ban on federal benefits. Specially qualified non-citizens are as follows: a. Is in a qualified status and in receipt of certain disability benefits as outlined 7 USC 2012(r) b. A non-citizen admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act c. A non-citizen granted asylum under section 208 of the Immigration and Nationality Act d. A non-citizen whose deportation was withheld under section 243(h) of the Immigration and Nationality Act as in effect prior to April, 1997 or whose removal was withheld under section 241(b)(3) of the Immigration and Nationality Act e. An Amerasian immigrant admitted into the United States as described in Section 402(a)(2)(A)(i)(V) of PRWORA f. A Cuban Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980) paroled into the United States g. The non-citizen is an Iraqi or Afghan national granted special immigration status under section 101(a)(27) of the Immigration Nationality Act Note: see the LDSS-4579 Non-Citizen Eligibility Desk Aid for more information regarding Afghan evacuees and humanitarian parolees. h. The non-citizen is a victim of severe form of trafficking in persons as defined by the Trafficking Victims Protection Act of 2000. There are two kinds of qualified victims: 1. Adults, who are certified by the Office of Refugee Resettlement (ORR) in the Department of Health and Human Services; and 2. Children under 18 years of age, who do not have to be certified but who are issued a letter by ORR stating that the child is eligible for benefits as a victim of a severe form of trafficking in persons. Samples of the ORR adult certification letter and ORR child eligibility letter are found in 03 ADM-1. These letters are for benefit eligibility purposes only. Certification and eligibility letters issued before November 6, 2001 had 8-month expiration dates. ORR recertified these victims with a recertification letter or new eligibility letter; these letters have a lower case “r” beside the HHS tracking number. Recertification letters do not have expiration dates. i. Military personnel who are legal permanent residents (also spouses and unmarried dependent children) who are on active full-time duty in a branch of the United States armed forces or Coast Guard are eligible from the date qualified status was granted j. U.S. veterans who are legal permanent residents (also spouses and unmarried dependent children) who fulfilled the 2-year minimum active duty requirement and received an “Honorable” discharge are eligible from the date qualified status was granted k. Hmong or Highland Laotian tribe members who are members of a tribe who rendered assistance to the U.S. personal by taking part in a military or rescue operation during the Vietnam era between August 5, 1964 and May 7, 1975, and who are legally residing in the U.S. The individual must be born prior to 05/08/75 and state they are a member of a Hmong or Highland Laotian tribe who rendered assistance to the U.S during the Vietnam era. Such tribe members, their spouses, their un- remarried surviving spouses and/or their unmarried children are eligible from the date qualified status was granted. l. Is age 18 or older lawfully and lawfully admitted to the United States for permanent residence under the immigration and Nationality Act; and has earned 40 qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters. 3. Ineligible Non-Citizen (State Regulation 387.1) An ineligible non-citizen is one who is not a citizen of the United States and does not meet the eligible non-citizen criteria. A non-citizen who is a qualified non-citizen, as set forth below, is not eligible to participate in the SNAP unless otherwise provided for below. a. A qualified non-citizen is: 1. A non-citizen who is lawfully admitted for permanent residence under the INA; 2. A non-citizen who is granted asylum under section 208 of the INA; 3. A refugee who is admitted to the United States under section 207 of the INA; 4. A non-citizen who is paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year; 5. A non-citizen whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA; 6. A non-citizen who is granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980; 7. A non-citizen who has been battered or subjected to extreme cruelty 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 non-citizen at the time of the abuse, a non-citizen whose child has been battered or subjected to battery or cruelty, or a non-citizen child whose parent has been battered; or 8. A non-citizen who is a Cuban or Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980. b. A qualified non-citizen, as defined in this section, is eligible to receive SNAP benefits and is not subject to the requirement to be in qualified status for 5 years, if such individual meets at least one of the criteria listed below: 1. A non-citizen age 18 or older lawfully admitted for permanent residence under the INA who has 40 qualifying quarters (see additional information in Section 3 below) as determined under Title II of the SSA, including qualifying quarters of work not covered by Title II of the SSA, based on the sum of: quarters the non-citizen worked; quarters credited from the work of a parent of the non-citizen before the non-citizen became 18 (including quarters worked before the non- citizen was born or adopted); and quarters credited from the work of a spouse of the non-citizen during their marriage if they are still married or the spouse is deceased. (a) A spouse may not get credit for quarters of a spouse when the couple divorces prior to a determination of SNAP eligibility. However, if the State agency determines eligibility of a non-citizen based on the quarters of coverage of the spouse, and then the couple divorces, the non-citizen’s eligibility continues until the next recertification. At that time, the State agency must determine the non-citizen's eligibility without crediting the non-citizen with the former spouse's quarters of coverage. (b) After December 31, 1996, a quarter in which the non-citizen received any Federal means-tested public benefit, as defined by the agency providing the benefit, or received SNAP benefits is not creditable toward the 40-quarter total. Likewise, a parent's or spouse's quarter is not creditable if the parent or spouse received any Federal means-tested public benefit or received SNAP benefits in that quarter. The State agency must evaluate quarters of coverage and receipt of Federal means-tested public benefits on a calendar year basis. The State agency must first determine the number of quarters creditable in a calendar year, then identify those quarters in which the non-citizen (or the parent(s) or spouse of the non-citizen) received Federal means-tested public benefits and then remove those quarters from the number of quarters of coverage earned or credited to the non-citizen in that calendar year. However, if the non-citizen earns the 40th quarter of coverage prior to applying for SNAP benefits or any other Federal means-tested public benefit in that same quarter, the State agency must allow that quarter toward the 40 qualifying quarters total; 2. A non-citizen admitted as a refugee under section 207 of the INA; 3. A non-citizen granted asylum under section 208 of the INA; 4. A non-citizen whose deportation is withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) or the INA; 5. A non-citizen granted status as a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); 6. An Amerasian admitted pursuant to section 584 of Public Law 100- 202, as amended by Public Law 100-461; 7. A non-citizen with one of the following military connections: i. A veteran who was honorably discharged for reasons other than non-citizen status, who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d), including an individual who died in active military, naval or air service. The definition of veteran includes an individual who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the U.S. or in the Philippine Scouts, as described in 38 U.S.C. 107; ii. An individual on active duty in the Armed Forces of the U.S. (other than for training); or iii. The spouse and unmarried dependent children of a person described in CFR 273.4 paragraphs (a)(6)(ii)(G)(1) or (a)(6)(ii)(G)(2) of this section, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 38 U.S.C. 1304, and the spouse has not remarried. An unmarried dependent child for purposes of this CFR 273.4 paragraph (a)(6)(ii)(G)(3) is: a child who is under the age of 18 or, if a full-time student, under the age of 22; such unmarried dependent child of a deceased veteran provided such child was dependent upon the veteran at the time of the veteran's death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the veteran prior to the child's 18th birthday. For purposes of this CFR 273.4 paragraph (a)(6)(ii)(G)(3), child means the legally adopted or biological child of the person described in CFR 273.4 paragraph (a)(6)(ii)(G)(1) or (a)(6)(ii)(G)(2) of this section. NOTE: A person who is discharged or released from a period of active duty before completing the shorter of (A) 24 months of continuous active duty, or (B) the full period for which such person was called or ordered to active duty, is not eligible by reason of such period of active duty for any benefit under Federal Law (other than this title or any other law administered by the Secretary), and no dependent or survivor of such person shall be eligible for any such benefit by reason of such period of active duty of such person. Active duty in the Armed Forces of the United States means being on full-time duty in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. Duty for training is temporary full-time duty in the Armed Forces performed by members of the Reserves, Army National Guard, or Air National Guard for training purposes. Active duty for training does not establish eligible non-citizen status. NOTE: This provision applies to both non-citizens and citizens who are veterans or on active duty in the Armed Forces of the United States and to their alien spouses and non-citizens unmarried dependent children. A spouse is someone currently married under the laws of this State or whose marriage is recognized by this State as a legal marriage. This includes spouses who are residing apart regardless of whether a separation agreement is in effect. An unmarried dependent child of a veteran or active-duty member of the Armed Forces is a child who is: • The child (biological or adopted) or the stepchild of a veteran or active-duty member of the Armed Forces; and • Not married; and • Dependent on the veteran or active-duty member (can be claimed as a deduction on his or her federal income tax return). NOTE: The eligibility of an unmarried dependent child is not affected by the marital status of the parents. The DD-214 Certificate of Release or Discharge from Active Duty is the form provided to veterans by the Defense Department which documents the type of military discharge a veteran has been granted. Examples: If the spouse of a veteran is a non-citizen, but the veteran is a citizen, the spouse would meet the non- citizen eligibility criteria for SNAP. If a non-citizen veteran is divorced from his or her spouse, the veteran's unmarried dependent child would meet the non-citizen eligibility criteria for SNAP, regardless of which parent the child lives with. 8. An individual who is receiving benefits or assistance for blindness or disability (as specified in § 271.2 of this chapter). 9. An individual who on August 22, 1996, was lawfully residing in the U.S., and was born on or before August 22, 1931; or 10. A non-citizen who has been granted conditional entry pursuant to section 203(a)(7) of the Immigration and Naturalization Act as in effect prior to April 1, 1980. 11. An individual who is under 18 years of age. c. The following qualified non-citizens must be in qualified status for 5 years before being eligible to receive SNAP benefits. The 5 years in qualified status may be either consecutive or nonconsecutive. Temporary absences of less than 6 months from the United States with no intention of abandoning U.S. residency do not terminate or interrupt the individual’s period of U.S. residency. If the absence is longer than 6 months, it shall be presumed that U.S. residency was interrupted unless the non-citizen presents evidence of his or her intent to resume U.S. residency. 1. A non-citizen age 18 or older lawfully admitted for permanent residence under the Immigration and Naturalization Act; or 2. A non-citizen who is paroled into the U.S. under section 212(d)(5) of the Immigration and Naturalization Act for a period of a least 1 year; 3. A non-citizen who has been battered or subjected to extreme cruelty 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 non-citizen at the time of the abuse, a non-citizen whose child has been battered or subjected to battery or cruelty, or an non-citizen child whose parent has been battered; d. Systems Support To aid in tracking non-citizen eligibility WMS edits have been changed to allow entries in the following fields for Case Types 31 (NPA-SNAP), 32 (SNAP-MIX) and 60 (HEAP): Citizenship Code, Alien Number, Date of Entry into United States, Nationality Code and Resettlement Agency Code. 2. Non-Citizens Lawfully Admitted for Permanent Residence with Qualifying Quarters of Coverage a. Definition and Basic Policy A permanent resident non-citizen is eligible to participate in the SNAP as a Specially Qualified Non-Citizen if: Is a lawful permanent resident (LPR) under the Immigration and Nationality Act. Such non-citizens are considered permanent residents and possess what is commonly called a "green card" (I-551); and Has earned 40 qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters. b. Qualifying Quarters In determining the number of qualifying quarters of coverage set forth in (2) above, a non-citizen is credited with the following: i. All qualifying quarters of coverage worked by the non-citizen; ii. All qualifying quarters of coverage worked by a parent of such non- citizen before the non-citizen reached age 18; and All qualifying quarters worked by the spouse of such non-citizen during his/her marriage and the non-citizen remains married to such spouse or such spouse is deceased. Thus, a non-citizen may earn a qualifying quarter by either working or by being credited with a qualifying quarter worked by another. The same quarter can be credited to the person who worked as well as other family members eligible to be credited with such quarter. c. Who Can Be Credited With Work Quarters From Family Members A non-citizen can be credited with qualifying quarters earned by other family members. The following guidelines must be used to determine which family members can contribute qualifying quarters to the non-citizen. (1) A non-citizen who is married can be credited with work quarters worked, and any quarters worked by a spouse during the marriage. This applies so long as the non-citizen remains married to or separated from the spouse, or, if the spouse is deceased, was married to the spouse at the time of the spouse's death. The non-citizen loses all of their spouse's work quarters when divorced. The loss of the spouse's quarters must be used to determine SNAP eligibility when eligibility is re-determined during the certification period. (2) A non-citizen under age 18 can be credited with work quarters worked by both parents (including quarters earned prior to the child's birth), whether the parent is a non-citizen or not, and any of the non-citizen’s own quarters worked. (3) A non-citizen over age 18 can be credited with work quarters worked by both parents (including quarters earned prior to the child's birth) before that non-citizen reached age 18, whether the parent is a non-citizen or not, and any of the non-citizen's own quarters worked. d. Examples Of Crediting Quarters (1) If a non-citizen has earned 20 qualifying quarters, and his spouse has earned 20 qualifying quarters over the same time span, that non-citizen can be credited with 40 qualifying quarters in as few as 5 years. If the spouse is also a non-citizen, the spouse can also be credited with 40 qualifying quarters. If an LPR non-citizen is divorced from her husband, she cannot be credited with any of the qualifying quarters her former husband may have earned while they were married or since the divorce. If she qualified for SNAP benefits by being credited with qualifying quarters from her former spouse, she must have her eligibility based on non-citizen status re-determined at the first recertification subsequent to the divorce. If the LPR is separated, she would be credited with all of the quarters her spouse earned during the marriage and since the separation. e. Qualifying Quarters and Federal Means-Tested Public Benefit PRWORA established a special limitation on quarters worked after December 31, 1996. Quarters worked after December 31, 1996, do not count as qualifying quarters if the non-citizen receives any Federal means-tested public benefits during that quarter. (1) Federal means-tested programs include only those programs which: (a) Include federal dollars, and (b) Establish eligibility for program benefits based on income or income and resources. (2) This definition limits this prohibition to aliens who received assistance from one of the following programs during the quarter in question: (a) Federally participating public assistance (formerly ADC and EAF and now TANF and EAF), (b) Federal SNAP benefits, (c) Federally participating medical assistance, and (d) SSI benefits. (3) Specifically excluded from the definition of Federal means-tested public benefits are: Medicaid for certain emergency care, short-term non-cash emergency disaster relief, school lunch assistance, WIC assistance, public health services for treatment of communicable diseases and immunizations, foster care and adoption assistance under IV-B and E of the Social Security Act if the foster/adoptive parent is a potentially eligible non- citizen, certain programs providing assistance to students for educational purposes, Head Start benefits, JTPA benefits, and assistance which the United States Attorney General will designate. After December 31, 1996, a quarter in which the non-citizen received any Federal means-tested public benefit, as defined by the agency providing the benefit, or actually received SNAP benefits is not creditable toward the 40-quarter total. Likewise, a parent's or spouse's quarter is not creditable if the parent or spouse received any Federal means-tested public benefit or actually received SNAP benefits in that quarter. The State agency must evaluate quarters of coverage and receipt of Federal means-tested public benefits on a calendar year basis. The State agency must first determine the number of quarters creditable in a calendar year, then identify those quarters in which the non-citizen (or the parent(s) or spouse of the non- citizen) received Federal means-tested public benefits and then remove those quarters from the number of quarters of coverage earned or credited to the non- citizen in that calendar year. However, if the non-citizen earns the 40th quarter of coverage prior to applying for SNAP benefits or any other Federal means-tested public benefit in that same quarter, the State agency must allow that quarter toward the 40 qualifying quarters total. f. Income of Non-Citizens Ineligible for SNAP Due to Non-Citizen Status Current policy describes when the income of a non-citizen who is ineligible to participate in SNAP due to non-citizen status is budgeted to determine the household's SNAP benefits. See this section of the SNAPSB for instructions for determining household composition and Section 13 for instructions for budgeting the income of ineligible non-citizens. See SNAPSB Section 11 for instructions for budgeting deductions for households with ineligible non-citizens. (1) If the non-citizen is an ineligible member of the SNAP household, that person's income must be prorated and a prorated share excluded as meeting the non-citizen's needs and the balance budgeted as available to the SNAP household. This applies to all non-citizens who are mandated household members (children age 18 to 22 with income and not in school and residing with their parents, parents of minor children and spouses) and non-citizens who purchase and prepare food in common with the rest of the household. (2) If the non-citizen is not a mandated household member of the SNAP household, none of that non-citizen's income is budgeted. (3) The PRWORA made it possible for a SNAP household member who is a non- citizen to be eligible for TA but ineligible for SNAP. In such situations, a pro- rata share of the household's TA income is excluded from SNAP income. The balance of the household's TA income is budgeted for SNAP purposes. (4) In such situations, the household's SNAP benefits are calculated as follows: a. Divide the countable TA income evenly among the household members including the ineligible non-citizen. b. Subtract the ineligible non-citizen’s share from the total TA income and use the remainder as the TA income input on the SNAP budget. c. Reduce the number of SNAP household members by the number of ineligible(s) living with the household. Example 1: Suppose a single mother who is a permanent resident has 2 children, both of whom are U.S. citizens. She applies for TA and SNAP for herself and her children. She entered the U S as a permanent resident in March of 2011 and cannot be credited with 40 qualifying quarters. The mother and children are eligible for TA and receive a TA grant of $450 a month. However, only the children are eligible for SNAP benefits. To determine SNAP entitlement, the household’s TA grant is prorated. One-third ($150) is excluded as meeting the mother's needs and two-thirds ($300) is budgeted in determining the SNAP benefits for the 2 SNAP eligible children. Example 2: Suppose the mother's boyfriend, who is also an ineligible non- citizen, moves in with the family. He is not the father of either child. He states that he does not purchase and prepare in common with the mother and her children and the district determines he is not part of the mother's SNAP household. The boyfriend's income is not considered in determining the children's SNAP entitlement. Example 3: Suppose the boyfriend in example #2 is the father of one of the children or states that he purchases and prepares food in common with the mother and the children. His income is then prorated, and a prorated share is budgeted as available to the children. If his countable income is $400 a month, the district would divide his income by 4, the number of individuals in the household. His prorated share is $100, the mother's share is $100. The balance, $200, is budgeted as available to the children. g. Systems Support For Budgeting TA Only Cases On Upstate ABEL, workers must remember, after using Function Key 8 from a TA budget, to: (1) Reduce the number in the SNAP household by 1 (or however many ineligible non-citizens there are in the household) and (2) Reduce the countable TA grant brought over to the SNAP Input screen by ABEL, by the non-citizen’s pro-rata share of the countable TA grant. h. Systems Implications CNS language has been modified to reflect the alien provisions of PRWORA for the following SNAP individual reason codes: (1) F92, Ineligible Non-Citizen, and (2) F85 and F86, Failure to Verify Non-Citizen Status i. Documentation At the time of application or recertification for SNAP all individuals are required to certify in writing, under the penalty of perjury, that they are a United States Citizen, Native American, U.S. non-citizen National of the United States or a non- citizen with a satisfactory immigration status. Non-Citizen applicants must provide a USCIS document as evidence of a satisfactory immigration status for benefit eligibility. The amendments made by Section 121 of the Immigration Reform and Control Act (IRCA) of 1996 require a further step to verify the validity of the immigration document presented by the applicant. The Systematic Alien Verification for Entitlements (SAVE) provides a re-verification of the non-citizen’s documented immigration status against the United States Citizenship and Immigration Service’s (USCIS) Verification Information System (VIS) files to confirm the accuracy of the non-citizen documented immigration status established during application processing. SAVE is not intended to verify the applicant’s statement regarding his/her immigration status in lieu of documentation, nor does it shift the responsibility for establishing satisfactory immigration status from the applicant to the district. NOTE: For information regarding expired or lost immigration documents see 03 INF-19 Expired or Lost Immigration Documents j. Declaration of Citizenship/Immigration Status 1. One adult representative of a SNAP household must, as a condition of eligibility, attest to the citizenship/non-citizen status for all SNAP applicant/recipients. a. For applicants this declaration is found on page five, section ten of the LDSS-2921 - Application for Certain Benefits and Services . b. For recipients this declaration is found on page five, section nine of the LDSS-3174 - Recertification Form for Certain Benefits and Services. c. For NTA-SNAP applicants and recipients this declaration is found on page seven, section nine of the LDSS-4826 – Supplemental Nutrition Assistance Program (SNAP) Application/Recertification 2. Exemptions - The following are the only situations which do not require completion of a declaration. a. An applicant/recipient (A/R) of MA or SNAP whose eligibility is established as a result of a separate determination process, and a completed declaration is already on file at the district; b. An SSI A/R who has applied for SNAP at a Social Security Administration (SSA) Office using the national application for SNAP [form FNS-385 (7-87)] since this application already includes the necessary declaration. 3. Failure or Refusal to Sign - Since the declaration of citizenship/immigrant status is accomplished when the last page of the application is signed; failure to sign is synonymous with failure to sign an application for SNAP. The only exception to this is if the applicant had signed page one of the application establishing a filing date and then does not sign the last page of the application. In such cases the application is denied for failure to cooperate. For TA/SNAP and mixed cases, individuals sanctioned from TA for failure to sign the declaration must be included in the SNAP household if otherwise eligible, if the general declaration on the last page of the application has been signed by any adult household member, or by an authorized representative. For examples of documentation which a non-citizen may present see the following resources: • LDSS-4579 Non-Citizen Eligibility Desk Aid • http://www.uscis.gov/i-9-central/acceptable-documents/list- documents k. Lack of Documentation Application For Verification - If the USCIS form I-94 does not contain the proper documentation and the non-citizen has no other verification of non-citizen classification in his or her possession, the district shall advise the non-citizen to submit form G-641, Application for Verification of Information from Immigration and Naturalization Service Records, to USCIS. Districts shall accept this form when presented by the alien and properly annotated at the bottom by an USCIS representative as evidence of lawful admission for permanent residence or parole for humanitarian reasons. Contacting USCIS- The non-citizen shall also be advised that: 1. Classification under Section 207, 208, 212(d)(5), or 243(h) of the Immigration and Nationality Act shall result in eligible status; 2. He/she may be eligible if acceptable verification is obtained; and 3. He/she may contact USCIS, as previously stated, or otherwise obtain the necessary verifications, or if the non-citizen wishes and signs a written consent that the district will contact USCIS to obtain clarification of the non- citizen's status. 4. If he/she does not wish to contact USCIS, the household may withdraw its application or participate without that member. Obtaining Other Acceptable Verification - If an non-citizen is unable to provide any USCIS document (not even an INS form I-94), then the district has no responsibility to offer to contact INS on the non-citizen's behalf. The district's responsibility exists only when the non-citizen has an INS document that does not clearly indicate eligible or ineligible status. In any event, the districts shall not contact INS to obtain information about the non-citizen's correct status without the non-citizen's written consent. If the proper USCIS documentation is not available, the non-citizen may state the reason and submit other conclusive verification. The district shall accept other forms of documentation or corroboration from USCIS that the non-citizen is classified pursuant to Section 101(a)(15), 101(a)(20), 207, 208, 212(d)(5), 243, or 249 of the INA, or other conclusive evidence such as a court order stating that deportation has been withheld pursuant to Section 243(h) of the INA. Note: see the LDSS-4579 Non-Citizen Eligibility Desk Aid for a description of the types of documentation that may be presented for confirmation of status. l. Status While Awaiting Verification A non-citizen is ineligible until acceptable documentation is provided unless: 1. The State agency has submitted a copy of a document provided by the household to USCIS for verification. Pending such verification, the State agency cannot delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the individual's immigration status; or 2. The applicant or the State agency has submitted a request to SSA for information regarding the number of quarters of work that can be credited to the individual, SSA has responded that the individual has fewer than 40 quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited. If SSA indicates that the number of qualifying quarters that can be credited is under investigation, the State agency must certify the individual pending the results of the investigation for up to 6 months from the date of the original determination of insufficient quarters; or 3. The applicant or the local district has submitted a request to a Federal agency for verification of information which bears on the individual's eligible non-citizen status. The local district must certify the individual pending the results of the investigation for up to 6 months from the date of the original request for verification. The local district must provide alien applicants with a reasonable opportunity to submit acceptable documentation of their eligible non-citizen status as of the 30th day following the date of application. A reasonable opportunity must be at least 10 days from the date of the local districts request for an acceptable document. When the local district fails to provide a non-citizen applicant with a reasonable opportunity as of the 30th day following the date of application, the local district must provide the household with benefits no later than 30 days following the date of application, provided the household is otherwise eligible. m. Other Ineligible Non-Citizens Unless listed above, non-citizens are ineligible to participate in the program as a member of any household. Among those ineligible to participate are non-citizens who are: • Visitors; • Tourists; • Diplomats; and • Students on a temporary visa with no intention of abandoning their residence in a foreign country. n. Illegal Non-Citizens The Welfare Reform Act of 1997 established that each district must report to OTDA the name and address and other identifying information known to it with respect to any non-citizen known to be unlawfully in the United States. OTDA has identified two specific conditions which definitively establish that a non-citizen is unlawfully present. Accordingly, the report of "Aliens Unlawfully in the United States: Attachment IX to 97 ADM-23 - Public Assistance (Family Assistance/Safety Net Assistance) Changes Resulting From The Welfare Reform Act of 1997, should only include non-citizens who meet either of the following two conditions: 1. Non-Citizens with a final INS Order of Deportation outstanding. An outstanding order of deportation is final when it is not subject to appeal, either because: a. The relevant statutory appeal period (10 days) has expired, b. There are no lawful grounds upon which an appeal may be based, or, c. The available administrative and/or judicial appeals have been exhausted and the order is not subject to review under the limited standards for reopening or reconsideration. 2. Non-Citizens for which the SAVE response to an electronic or a manually submitted INS G-845, (Document Verification Request) indicates that the person has submitted false immigration documents to the district. When either of the above situations is applicable to an applicant or recipient of temporary assistance (FA or SNA), you should submit the name(s) and address(es) of the individual(s), along with identification of the documentation establishing their being unlawfully present in the U.S., including copies of the documentation, when possible, to: NYS Office of Temporary and Disability Assistance Division of Temporary Assistance - 9th Floor 40 North Pearl Street, Albany, N Y 12243 This information should be provided on a copy of the revised reporting form, "Aliens Unlawfully in the United States” Attachment IX to 97 ADM- 23. You should submit the form within 10 days from the end of any month in which you identify "reportable" non-citizens. NOTE: There are no reporting requirements for MA or SNAP. When an applicant is checked as being only for MA and/or SNAP, you should not include them on the report. 3. Districts should refer any non-citizen requesting TA benefits who fails to furnish evidence that he or she is lawfully residing in the United States to the INS office, or the nearest consulate of the country of the applicant or recipient. Referral means informing the non-citizen of the location of the nearest INS office or the nearest consulate and advising the non-citizen that proper documentation should be secured. The proper documentation is required if you are to proceed with the processing of their TA application to determine what, if any, benefits the non-citizen would be eligible to receive. References: 387.9(a) Investigation and Eligibility 273.4 Citizenship and Alien Status 38 USC 5303 A (d) Minimum Active Duty Service Requirement 03 ADM-1 Eligibility of Alien Victims of Severe Forms of Trafficking in Persons 02 ADM-7 Food Stamp Program Reauthorization Changes 97 ADM-25 - Food Stamp Eligibility of Non-Citizens 97 ADM-23, Attachment IX Public Assistance (Family Assistance/Safety Net Assistance) Changes Resulting from The Welfare Reform Act of 1997 92 ADM-10 - Requirement for Declaration of Citizenship/Immigration Status - Change in Food Stamp Requirement 03 INF-19 - Expired or Lost Immigration Documents 99 INF-17 - Reporting of Aliens Known to be Unlawfully in the United States 99 INF-11 - Potential Eligibility for Food Stamps: Hmong and Other Highland Laotian Tribe Members 91 INF-48 - Policy Clarification Regarding Aged, Blind or Disabled Aliens Under the Immigration and Nationality Act (INA) 90 INF-15 - Revisions to "Notice of Acceptance/Denial of Request for Assistance to Meet an Immediate Need or Special Allowance" (DSS-4002) GIS 03 TA/DC012 Alien/Citizenship Indicator “D” Alien Victims of Severe Forms of Trafficking in Persons 96 LCM-86 - Federal Welfare Reform: Food Stamp Eligibility of Aliens 03 INF-14 Food Stamp Program Eligibility for Aliens 04 ADM-4 Refugee Cash and Medical Assistance Programs (RCA & RMA) 05 ADM-1 Refugee Cash and Medical Assistance Programs (RCA & RMA) 07 INF-15 LDSS-4579: “Alien Eligibility Desk Aid” (Revised 10/07) 04 ADM-8 Expansion of Eligibility of Alien Victims of Severe Forms of Trafficking in Persons 99 ADM-2 Alien Sponsorship - Deeming of Sponsor's Income and Resources 06 INF-14 Battered Aliens Eligibility for Benefits 07 INF-6 Revisions to the LDSS-4148A - What You Should Know About Your Rights and Responsibilities (When Applying For or Receiving Social Services) 13 ADM-7 Systematic Alien Verification for Entitlements (SAVE) Program: Replacement of Manual Form G-845(Document Verification Request) with Verification Information System Web-3 Access L. Students 1. Definitions a. Student - A student is any individual who is enrolled at least half-time in an institution of higher education (including on-line courses and correspondence schools), excluding high school and on the job training programs. b. Institution Of Higher Education - Any institution which normally requires a high school diploma or equivalency certificate for enrollment including, but not limited to, colleges, universities, and vocational or technical schools at the post high school level. (The Institution of Higher Education determines whether or not a high school diploma or equivalency certificate is necessary for enrollment.) 2. Student Eligibility Exemption Criteria In order to participate in the SNAP a student must meet one of the following exemption criteria: a. Are under age 18 or age 50 or older b. Have a physical or mental disability c. Work an average of at least 20 hours a week in paid employment The district should determine the weekly average using the hours worked during the 4 weeks prior to the date of application or re-application (recertification). Example: • Prior week 1 – 16 hours worked • Prior Week 2 – 21 hours worked • Prior Week 3 – 25 hours worked • Prior Week 4 – 24 hours worked 86 total hours worked in past 4 week/4 = 21.5 average hours per week. If the number of hours worked during the prior 4 week period does not provide an accurate indication of the number of hours to be worked weekly, district may use a longer period than just the past 4 weeks, such as the past 8 weeks, to gain a more accurate indication of the weekly hours being worked. If the hours that will be worked during the new certification period will be different from the hours worked during the prior 4 weeks, then the anticipated number of hours to be worked should be used to determine the average hours worked. If the exact amount of the anticipated hours to be worked is not known, that portion that can be determined with reasonable certainty should be used. d. Be self-employed for at least an average of at least 20 hours per week, and receive weekly earnings at least equal to the hourly Federal minimum wage multiplied by 20 hours SCENARIO 1: James Smart is a full-time student applying for food stamp benefits. He is employed by a local supermarket for an average of 12 hours per week stocking shelves. Because these are paid employed hours, these hours count toward his total weekly average. He also works on average, 10 hours per week building websites for customers. He has been making, on average, $50 per week on his website work. This averages out to $5/hour. This is below the current federal minimum wage of $7.25/hour. Therefore, these hours do not count toward James’s weekly employment hours. James has an average of 12 hours of eligible paid employment per week, and therefore does not meet this criteria for student eligibility. SCENARIO 2: James Smart is a full-time student applying for food stamp benefits. He is employed by a local supermarket for an average of 12 hours per week stocking shelves. Because these are paid employed hours, these hours count toward his total weekly average. James also earns an average of $100/week for 10 hours of self-employed work building websites, which equals an average hourly wage of $10, which is above the federal minimum wage of $7.25. Therefore these hours would count toward James’s weekly employment hours. James has an average of 22 hours of eligible paid employment per week (12 hours at the supermarket and 10 hours building websites), and therefore, he meets the criteria for student eligibility. e. Participate in a State or federally financed work study program during the regular school year as follows; (1) The work study must be approved at the time of application for SNAP or at the time that the individual becomes a student as defined by SNAP rules, and (2) The work study must be approved for the school term; and (3) The student must actually anticipate working during that time. f. Participate in an on-the-job training program g. Care for a child under the age of 6 h. Care for a child age 6 to 11 and lack the necessary child care enabling you to attend school and work 20 hours or participate in a work study i. Are a single parent enrolled full-time in college and taking care of a child under 12 j. Receive Temporary Assistance for Needy Families k. Be enrolled as a result of participation in the Job Opportunities and Basic Skills program under Title IV of the Social Security Act or its successor program l. Are assigned to, placed in, or self-placed in a college or other institution of higher education through: (1) A SNAP Employment and Training (SNAPE&T) program (2) Certain other E&T programs for low-income households, which are operated by a state or local government and have an equivalent component to SNAP E&T (3) A program under Workforce Innovation and Opportunity Act (WIOA) (4) A Trade Adjustment Assistance Program under Section 236 of the Trade Act of 1974 m. Attend a SUNY or CUNY comprehensive college, technology college, or community college and are enrolled in a qualified career and technical education program. n. Attend any of the 10 Educational Opportunity Centers (EOC) in New York State and are enrolled in a career and technical education program, remedial course, basic adult education, literacy, or English as a second language The qualifying exemption begins in the month that the school term begins or the month that the work study is approved, whichever is later. The qualifying exemption continues until the end of the school term or until the district becomes aware that the student has refused an assignment. The exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in work study during the break. In order to be eligible for SNAP during a school break, an individual who is defined as a student by SNAP rules and is otherwise eligible must meet one of the other exemptions outlined in this section. NOTE: An applicant or recipient age 18 through 49, physically and mentally fit, enrolled at least half-time in an institution of higher education and in receipt of UIB is considered to be an eligible student for SNAP purposes, if the Department of Labor (DOL) has approved their program. If approved, the student will have a received a TCC 316.1 document and can request copies of this document by calling DOL, Special Programs Unit at 518-402-0189. NOTE: A student who participates in a meal plan providing less than the majority of the student's monthly meals is not considered a resident of an institution. If the student also meets the eligible student criteria and is otherwise eligible, the student is allowed to receive SNAP benefits. In situations where the number of meals to be consumed by the student is unclear due to the optional nature of the meal plan, the applicant must state the number of meals that are anticipated to be consumed on and off the meal plan. If the majority of meals stated are off the plan for the month, the student may be considered for participation on SNAP. In these cases, the student /SNAP recipient should be reminded of the obligation to report changes to the district, particularly with regard to changes in the number of meals to be consumed on the plan. 3. Ineligible Student a. For treatment of income of an ineligible student see SNAPSB Section 13. b. For treatment of resources of an ineligible student see SNAPSB Section 17. 4. School Enrollment The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Such enrollment shall be deemed to continue through normal periods of class attendance, vacation, and recess, unless the student graduates, is suspended or expelled, drops out or does not intend to register for the next school term (excluding summer school). References: 387.16 Special Provisions for Household Circumstances 273.5 Students 09 ADM-08 Participation in Food Stamp Program by Students in Institutions of Higher Education 95 INF-22 Students on Meal Programs and Eligibility of Students in Campus Housing 12 INF-14 Supplemental Nutrition Assistance Program Policy – Student Eligibility (Replaces 11-INF-06) 20-ADM-13 - Supplemental Nutrition Assistance Program Eligibility for Students Enrolled in a Program of Career and Technical Education or Qualified Educational Opportunity Center Program 22TA/DC073 - Reminder: Treatment of Meal Plans at Institutions of Higher Education M. Employment Registration For implications regarding initial eligibility see the SNAP Employment Policy manual. Reference: 387.9 Investigation and Eligibility SNAP Employment Policy Manual N. Social Security Numbers 1. Requirement For Participation a. All households applying for or participating in the SNAP shall provide the Social Security Number (SSN) of each household member or apply for one before certification. Disqualification of the individual from participation in the SNAP is a consequence of a refusal to apply for or to provide the SSN. Applying for or providing the SSN to the district immediately brings the disqualified individual into compliance with this requirement. NOTE: If individuals have more than one number, all numbers shall be required. b. SNAP household members who refuse to provide or apply for an SSN because of a valid religious belief are not to be disqualified from SNAP participation. They are to be included as SNAP household members if otherwise eligible. Documentation must clearly be recorded in the case file if household members indicate they refuse to provide or apply for a SSN because of a valid religious belief. This documentation may include obtaining written or verbal confirmation from the religious organization the individual is a member of that providing of an SSN by its members is in conflict with its religious doctrine. a. TA regulations do not allow a waiver from the requirement to provide or apply for an SSN based on religious beliefs. Such TA households, if otherwise SNAP eligible, would be processed for SNAP as a mixed household including the non-TA SSN religious objector as a SNAP household member. b. Social Security Number Code "4-SSN Not Applied For" is to be entered on the WMS case record for household members that refuse to provide or apply for an SSN because of religious belief. 2. Obtaining SSN's For SNAP Household Members a. For those individuals who provide SSNs prior to certification, recertification or at any office contact, the district shall record the number and verify it in accordance with this section. b. Those individuals who do not have an SSN, are unsure if they have one, or are unable to find it should be referred to a Social Security Administration (SSA) Field Office (FO). The district shall inform the household where to apply and what information will be needed. The district shall require proof of application. a. Effective August 1, 2014, SSA FOs no longer provide print outs of SSN. If an applicant or recipient needs to provide documentation that they have applied for a new replacement, or corrected SSN they can apply through the SSA account portal at www.socialsecurity.gov/myaccount, the national toll-free number 1(800)772-1213 or at a SSA FO. b. If the individual applies at a Field Office, the SSA representative will provide the applicant/recipient with a SSA-5028 “Receipt for Application for a Social Security Number”. This receipt is documentation that the individual has complied with applying for a new, replacement, or corrected SSN. c. If an individual wishes to apply at the SSA office, d. Any person who is foreign born and applying for either a new Social Security card or a replacement must be referred to SSA for enumeration. NOTE: Districts should not take an SS-5 from, or refer to SSA, an undocumented immigrant who will be denied benefits or whose benefits will be terminated. e. Any person who is 18 years of age or older and applying for an original SSN must be referred to SSA for enumeration. Parents/caretakers must apply at the local SSA field office for an original SSN for children under 18. f. Enumeration At Birth Program Many hospitals are participating in this program whereby the hospital files an SS-5 (Application for an SSN) for the newborn. A revised federal form SSA-2853, "Information About When You Will Receive Your Baby's Social Security Card", when signed and dated by a hospital official, is acceptable verification that the household has applied for an SSN for the newborn, if the district has other information that connects the child named to a member of the household, e.g., the name of the mother which may be obtained from the hospital, birth document, a birth certificate, or other reliable information. NOTE: WMS report - WINR-5129 - Newborns With No Social Security Number on WMS - has been developed to serve as a reminder to workers to pursue a Social Security Number for each newborn listed. The report will list any individual born in the previous month with no Social Security Number on WMS. The report will include a district page plus a Unit/Worker page. In order to properly utilize this report, as well as assure the most complete and accurate data, workers must be prompt in adding newborns to the SNAP household and entering them on WMS. This report along with the WINR-5126-Individuals With Incorrect or no Social Security Number on WMS - will ensure that SSN's have been obtained and verified for all SNAP household members. 3. Failure To Comply If the district determines that a household member(s) has refused to provide or apply for an SSN, then the individual without the SSN shall be ineligible to participate in the SNAP. The disqualification applies to the individual(s) for whom the SSN is not provided and not to the entire household. The disqualified household member(s) may become eligible upon providing the district with an SSN or proof of application for an SSN. The income and resources of an individual disqualified from the household for failure to comply with this requirement shall be handled as set forth in SNAPSB Section 13 and Section 17. 4. Use Of SSNs The district is authorized to use SSNs in the administration of the SNAP. Social Security numbers shall be used to: a. Verify information regarding SNAP applicants and participants who receive SSI benefits. The State Data Exchange (SDX) shall be used to the greatest extent possible. b. Prevent duplicate participation. c. Facilitate mass changes in Federal benefits. d. Determine the accuracy and/or reliability of information given by households. References: 387.9(a) Investigation and Eligibility 273.2 (f) (1) (v) Office operations and application processing 273.6 Social Security Numbers 90 ADM-23 Changes in Social Security Number Policy 99 INF-7 Amended State Version of Federal Form SS-5 "Application For A Social Security Card" GIS Message (14 TA/DC027) Changes to the Services Provided by Social Security Offices O. Validation of Social Security Number 1. WMS SSN Validation Process a. The WMS SSN Validation process is used to validate SSNs through SSA. All SSNs entered on WMS/MyWorkspace with a SSN Code 1 (SSN present) will be sent by OTDA to SSA to match Social Security number information on a regular basis. b. If an applicant or a household member does not have a Social Security number and has applied for one, the SSN Code 2 (SSN Applied For) is entered into WMS/MyWorkspace. When the individual provides their SSN, the worker must change the SSN Code 2 to SSN Code 1 to start the validation process. c. When the SSN match results are received from SSA, the SSN Code field on WMS will be automatically updated. Additionally, to assist districts in ensuring that SSNs are present and accurate in WMS, system-generated management reports are available through the Benefit Issuance Control System (BICS). d. If the individuals SSN passes the validation process, the SSN Code of 1 will be automatically updated to a SSN Code of 8 (SSA Validated SSN). If the individual’s SSN fails the validation process, the SSN Code of 1 will be automatically updated to a SSN Code indicating the SSN failed the validation process and the worker must investigate why the validation failed. If the worker finds that information was incorrectly entered into WMS/MyWorkspace, they should correct the information. Otherwise, the applicant must contact their local SSA office to apply for a correct SSN. 2. Actions To Be Taken As A Result Of Matches The results of matches between OTDA and SSA will be transmitted by OTDA to districts in two ways: a. SSN Is Validated - If the SSN is validated via the match, WMS/MyWorkspace will automatically be updated and a new "Code 8 - SSA SSN Validation" will appear in the SSN field. No further action is needed on these cases. b. SSN Fails Validation - If the SSN fails validation: (1) "Code 9 - SSN Failed SSA Validation" will appear on the SSN field on WMS on appropriate inquiry screens and MyWorkspace summary and individual tabs. (2) OTDA will transmit a new report, WINR 9311, "The Social Security Number Validation Report" to districts which will contain a list of cases that failed validation and the reasons for the discrepancies. (3) Separate reports will be sent to each program area, TA, MA, SNAP and Services. It should be noted that only cases highest in the WMS case type hierarchy will be reported on the exception report when there is a multi-case involvement. The hierarchy is: TA, MA, SNAP and Services. For example, a TA/MA/SNAP case will be reported on the TA report, while an MA /SNAP case will be reported on the MA report. This will require coordination at the local level between program areas. 3. Resolving Error Messages a. Upon receipt of the WINR 9311, districts must examine the report and take appropriate action on each of the cases. The following error messages will be generated for SSN's which fail validation. These messages are stated specifically on the report in the "message" column. • SSN is not on SSA file • Name matches, date of birth (DOB) matches, sex code does not match • Name matches, sex code matches, DOB does not match • Name matches, DOB and sex codes do not match • Name does not match, DOB and sex codes not checked b. The district shall be responsible for resolving any discrepancy by checking the information received from the applicant/recipient with the information on the WMS data base. This may require contacting the individual for additional information. After correcting the discrepancy, the worker must change the SSN Validation code field in the WMS data base to Code 1 (SSN present) which will allow the SSN to be validated at the next update. c. This review must be completed no later than the next client contact. (Next client contact includes mail-in recertifications.) Districts should annotate the case record when there is a change made to the name, sex or DOB and the case is recorded as code 1. This will remind the worker what the original match data was in the event that the second validation match is returned with another discrepancy. This procedure will avoid re-entering "bad" demographic data. 4. Resolving Discrepancies When resolving discrepancies, the following actions must also be taken in the situations outlined below: a. Incorrect SSN - If the information on file at SSA is incorrect, a new SS-5 (Application for Social Security Number) must be completed as this is SSA's procedure for correcting information on their files. Additionally, if the error message indicates that the SSN is not on file at the SSA, a new SS-5 must be completed. A number that has been assigned by the enumeration process (Code 7) does not have to be validated again. b. Name Does Not Match - If the message/error indicates that the name does not match and further investigation indicates that the name on file with SSA is not the same name known by social services, the worker must inform the applicant/recipient that he/she must use the same name for both programs. The individual has the right to decide which name he/she wants to be known by. If he/she chooses to change his/her name with SSA, a new SS-5 must be completed indicating the new name. c. Multiple SSN's - Occasionally, an individual will submit more than one SSN and indicate that they all belong to him/her. Such individuals should be referred to the local SSA office. SSA will cross-reference the multiple numbers and advise the applicant which SSN should be used. However, SSA cannot cancel a number that has been assigned. 5. Refusal To Cooperate In Completion Of An SS-5 To Resolve An SSN Validation Discrepancy a. Refusal of a SNAP household to cooperate in completion of an SS-5 to resolve an SSN validation discrepancy shall result in the SNAP case being terminated. If one member of the household refuses to cooperate in the validation process, the district must determine if there is another household member who is able and is willing to cooperate in resolving the discrepancy before terminating the household. Such households subject to termination are to be issued a timely notice of adverse action informing them that their SNAP benefits are being terminated for refusing to cooperate in furnishing correct information to enable the district to verify a household member's SSN. b. A household that has been terminated for failing to cooperate in resolving an SSN validation discrepancy may reapply for SNAP benefits but will not be eligible until they cooperate in resolving the SSN discrepancy. 6. WMS Implications All active individuals on the WMS system with SSN Code "1 - SSN Present" will be selected for validation with SSA's automated validation/verification system. Two WMS SSN codes have been developed for this process. Code "8 - SSN SSA Validation" and Code "9 - SSN Failed SSA Validation". Both of these codes will be system-generated on WMS by the SSN Validation process. a. Code 8 - SSN SSA Validation - When the SSN entered on WMS/MyWorkspace matches SSA's record, and when the name, sex and date of birth similarly correspond to SSA's record, Code "8 - SSN SSA Validation" will be system- generated on the WMS/MyWorkspace case record, overlaying the current SSN code. Code 8 - SSN SSA Validation can be entered by the worker when it appears on the WMS Clearance Report and is used in conjunction with a CIN number at subsequent case openings and re-openings. WMS Code 8 (SSN SSA Validation) satisfies the federal QC requirement for social security number validation. Code 8 in the SSN-CD field on screen 2 is sufficient documentation for QC purposes. Although no error will be cited when a number is coded 8, whenever available the districts should keep a copy of the social security card in the permanent documentation file. At case openings and recertification eligibility workers should check to make sure the names and SSN's of applicants/recipients match those on WMS. This will ensure the accuracy of any automated matches. b. Code 9 - SSN Failed SSA Validation - When either the SSN fails to match SSA's record, or the name, sex or date of birth associated with the SSN fails to correspond to SSA's record, Code "9 -SSN Failed SSA Validation" will be system-generated on the WMS/MyWorkspace case record, overlaying the current SSN code. NOTE: WMS/MyWorkspace prohibits a change to an SSN for an individual currently having an SSN Code of "8 - SSN Validation" and will require a change from an SSN Code of "9 - SSN Failed SSA Validation" to Code "1 - SSN Present" whenever a demographic change is made to name, sex, date of birth, or SSN. 7. WINR 9311 "The Social Security Number Validation Report" This report is produced after each match with SSA and contains three parts: a. Part I - SSA Rejections - This part lists all the individuals whose SSN or demographics mismatch the SSA files. b. Part II - WMS Rejections - This part lists any individuals who were unavailable for update on WMS, e.g. SSN was changed while the original SSN was being sent for SSA validation. c. Part III - WMS Updates for SSN Validation - This part contains the total number of SSNs validated. Reference: 90 ADM-23 Changes in Social Security Number Policy 99 INF-7 Amended State Version of Federal Form SS-5 "Application For A Social Security Card" 15TA/DC035 Validation of Social Security Numbers 14 INF 05 Resource File Integration (RFI) Policy and Procedures P. Transfer of Resources Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for SNAP benefits shall be disqualified from participation in the program. See SNAPSB Section 17 for specific provisions on the transfer of resources. Reference: 387.9(a) Investigation and Eligibility 273.8 (h) Resource Eligibility Standards Q. Household Cooperation 1. Household Cooperation A household applying for SNAP benefits must cooperate in the eligibility determination process. The eligibility determination process requires that the application form be completed and signed, the household or its authorized representative be interviewed, and certain information on the application be verified. To designate an authorized representative, the applicant must do so in writing. This can be done using the application or recertification application form or the LDSS – 4942 Supplemental Nutrition Assistance Program (SNAP)Authorized Representative Request Form, although any written designation is sufficient. a. If a household refuses to cooperate in completing the eligibility determination process, the application must be denied at the time of refusal. A household has refused to cooperate when the household is able to cooperate, but clearly demonstrates that it will not take actions that are required to complete the application process. The failure of a household to appear at a scheduled interview does not constitute a refusal to cooperate unless the household has clearly refused to be interviewed. If there is any question as to whether the household has merely failed to cooperate, as opposed to refused to cooperate, the household's application must not be denied. b. A household's eligibility must be terminated if it refuses to cooperate with any subsequent review of its eligibility, including reviews generated by reported changes in circumstances and applications for recertification. c. A household whose eligibility has been denied or terminated for refusal to cooperate may reapply for SNAP benefits. Such household must not be determined eligible until it cooperates in completing the eligibility determination process. (1) A household receiving SNAP benefits or reapplying for SNAP benefits must cooperate with any quality control review of its current or previous SNAP eligibility. A household refusing to cooperate in a quality control review must be determined ineligible to receive SNAP benefits. Quality control reviews are conducted by NYS OTDA Audit and Quality Improvement staff. d. A SNAP household cannot be denied for failure to cooperate with a FEDs interview. e. A household whose eligibility has been terminated for refusal to cooperate with a quality control review may reapply for SNAP. Such household must not be determined eligible until it cooperates in the quality control review. f. A household cannot be denied SNAP for its refusal to cooperate in a quality control review if: (1) The household was terminated for refusing to cooperate with a quality control review during the completed quality control review period; and (2) The household reapplied for SNAP more than 125 days after the end of the annual review period, if it was terminated for refusal to cooperate with a State quality control review, or (3) The household reapplies more than nine months after the end of the annual review period, if it was terminated for refusal to cooperate with a federal quality control review; and (4) The household provides verification of its eligibility for SNAP in accordance with this section. g. TA QC Reviews - Because a QC review of the TA case does not include a review of the same household's SNAP case, State regulation 387.9(a)(7)(ii) will not support the closing of the SNAP case when the federal sample TA case is closed for failure to comply with QC. h. Automated Finger Imaging System (AFIS) Supplemental Nutrition Assistance Program: As of November 1, 2012, districts are prohibited from finger imaging any member of a household applying for or receiving SNAP benefits for any purpose related to SNAP. Effective November 1, 2012, all SNAP Automated Finger Imaging System (AFIS) Plans of Operation submitted by any and all districts are hereby null and void. NOTE: Temporary Assistance: Districts must continue to follow current TA policy regarding finger imaging. Members of households who are jointly applying for or jointly receiving TA benefits and SNAP benefits must continue to be finger imaged for TA purposes. However, if a person or case is being denied benefits for TA due to a failure or refusal to be finger imaged, a separate determination for SNAP eligibility must be done. Further, if an active TA case is being closed due to the failure or refusal of a TA case member to be finger imaged, a separate determination of SNAP eligibility must be done, including an assessment of eligibility for Transitional Benefits Alternative (TBA) SNAP benefits. If an individual is being removed from a TA case due to a failure or refusal to be finger imaged, a separate determination of SNAP eligibility must be done for the SNAP household. References: 387.9 Investigation and Eligibility 273.2 (d) Office operations and application processing 12-ADM-08 Elimination of Finger Imaging Requirements for Purposes of the Supplemental Nutrition Assistance Program (SNAP) 92 ADM-41 Quality Control Reviews: Penalty for Non-Cooperation 04 LCM-11 AFIS Plan / Exemptions for FS Finger Imaging 05 ADM-08 Front End Detection System (FEDS) Policy R. Income Income for household SNAP calculations shall mean all income, earned and unearned, from whatever source, as provided for and explained in SNAP SB Section 13. Reference: 387.10(b) Income Standards S. Resources Non-categorically eligible household’s available resources at the time the household is interviewed shall be used to determine the household's eligibility. See SNAP SB Section 17 for complete resource provisions. Reference: 387.14(d) Initial Eligibility 09 ADM-06 Expansion of Categorical Eligibility for Food Stamps for Households with Out-of-pocket Dependent Care Expenses 07 ADM-09 Categorical Eligibility for Food Stamps 12 INF-12 Pub-4916 (Rev 12/11): Helping Hands for People in Need Brochure no longer required T. Institutions 1. Eligibility Of Residents Definition - Residents of institutions are those individuals who are provided the majority of their meals (over 50% of three meals daily) as part of the institution's normal service. Residents of institutions cannot participate in the SNAP. a. Exceptions 1. Residents Of Housing For The Elderly - This is housing built under: (a) Section 202, Housing Act of 1959 (provides housing for persons 62 years or older or handicapped persons), (b) Section 236, National Housing Act (provides housing for lower-income families including, but not limited to, the elderly and handicapped). NOTE: Any facility built after April 1, 1987 will not be authorized by Housing and Urban Development to provide mandatory meals. Therefore, these facilities will not be classified as institutions and residents will be eligible as regular SNAP applicants. Only elderly people in these facilities (where 50% of meals are provided) are eligible to participate in SNAP. However, residents may not be required to use their SNAP benefits to pay for their meals but may elect to do so or may be required to use cash. 2. Residents Of Drug Addiction Or Alcoholic Treatment And Rehabilitation Facility - Drug addiction or alcoholic treatment and rehabilitation facility is a facility operated by a private, non-profit organization or is a publicly operated community mental health center. Any drug addiction or alcoholic treatment facility must either be authorized as a retailer by the United States Department of Agriculture (USDA) or be eligible to receive funds under Part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) even if it does not actually receive such funding. Private, non- profit facilities must also be certified by the New York State Office of Alcohol and Substance Abuse Services (OASAS). Centers located on Indian reservations must be certified through the Federal Indian Health Services if they are not certified by NYS Division of Substance Abuse or NYS Division of Alcoholism and Alcohol Abuse. Only residents of facilities operating under Title XIX Part B of the Public Health Services Act are eligible to participate in the SNAP. Program participation for these residents is voluntary for each individual. NOTE: Residents of Halfway Houses certified by the Office of Alcohol and Substance Abuse Services who receive TA payments at the Level II rate are eligible to participate in SNAP. 3. Residents Of A Group Living Arrangement - A group living arrangement means a public or private non-profit residential facility that: (a) Serves no more than sixteen residents; and (b) Is certified by the appropriate district or agencies of the State. To be eligible for SNAP benefits, residents of group living arrangements (except Residential Treatment Centers (RTC’s) must be disabled as defined in this section. Prior to certifying any Group Living Arrangement residents for SNAP benefits, the district shall verify that the treatment center is authorized by FNS as a retailer or is certified by the appropriate State agencies. The district shall determine that the Center is a non-profit organization. 4. Residents Of Shelters For Victims Of Domestic Violence - These shelters are defined as public or private nonprofit residential facilities that serve victims of domestic violence. If such facilities serve other individuals, a portion of the facilities must be set aside on a long-term basis to serve only victims of domestic violence. NOTE: Such persons temporarily residing in shelters for victims of domestic violence shall be considered individual household units for the purposes of applying for and participating in the program. NOTE: Residents of residential programs for victims of domestic violence that receive TA have their SNAP case processed by the district that is determined to be fiscally responsible for TA. 5. Individuals who are residents of supervised/supportive apartments certified or operated by New York State Office of Mental Health or Office for People With Developmental Disabilities. 6. Residents Of Shelters For Homeless Persons - A homeless household is one in which all members are homeless as defined in this section. NOTE: A shelter for the homeless is a public or private facility which provides temporary living accommodations for homeless persons. 7. Residents Receiving Treatment And/or Care (a) Persons who reside in a SNAP eligible facility as defined in paragraph 1 above, for the purpose of receiving treatment and/or care may receive SNAP benefits if otherwise eligible (e.g., meet financial and resource requirements). Example: a parent and child are residing in a SNAP eligible Residential Treatment Center for Alcoholics which provides three meals a day. The parent is receiving treatment, the child is not. Both the parent and child can receive SNAP benefits. 2. Determining Household Composition a. Applying Through Authorized Representative (1) Residents that are enrolled in a treatment plan in a SNAP-eligible Residential Treatment Center for Drug Addicts or Alcoholics (RTC) as defined in paragraph 1. a(2) above, must apply through an authorized representative. Such residents must be certified as one-person SNAP households except when children who are not receiving treatment live with their parent(s) in a drug or alcoholic treatment center. See SNAPSB Section 4 and this section. (2) Residents enrolled in a treatment plan in other SNAP eligible facilities who choose to apply for SNAP benefits through the use of the facility's authorized representative must also be certified as one-person SNAP households. NOTE: The household composition rule in paragraphs (1) and (2) above apply even if the resident resides at the same facility with a parent, child, spouse or sibling who is also eligible for SNAP benefits and receiving treatment. For example, a parent and minor child both under treatment at the same RTC or other SNAP eligible facility receive SNAP benefits as separate SNAP households regardless of the age of the minor child. See SNAPSB Section 4 and this section. b. Not Applying Through Authorized Representative - Residents in a SNAP eligible facility (as defined in paragraph 1 above) other than a drug/alcohol facility (RTC) who do not apply for SNAP benefits through the facility's authorized representative must have their SNAP household's composition determined in consideration of the special household definition rules that appear in this section. For example a husband and wife enrolled in a treatment plan in a SNAP eligible facility (other than drug/alcohol facility) apply on their own for SNAP benefits. They are two one-person households for SNAP purposes. See SNAPSB Section 4 and this section. 3. Temporary Absence If an individual(s) temporarily moves out of a SNAP individual household to receive care in a certified SNAP eligible facility and is anticipated to be absent from the SNAP household for a majority of the month following the move, the individual must be deleted from the SNAP household in accordance with procedures required for acting upon reported changes appearing in SNAPSB Section 6. a. Any income a SNAP household directly receives for shelter and fuel costs, either directly or in the form of restricted payment, for an individual who is temporarily absent from the household must be counted as SNAP income to the household. b. However, any payments made directly to the facility where the temporarily absent individual resides are not counted as SNAP income to the SNAP household. NOTE: For further information on the budgeting procedure for residents of SNAP eligible facilities see SNAPSB Section 11. 4. Processing Standards a. Normal (1) When normal application processing standards apply, the district must complete the verification and documentation requirements in accordance with this section. (2) It must process changes in household circumstances and recertification according to the standards applicable to all other participants found in SNAPSB Section 6. (3) Treatment center residents must be afforded the same rights to adverse action notices, to fair hearing, and to restoration of lost benefits accorded to all other participants. b. Expedited - When expedited application processing is indicated, the initial application must be processed on an expedited basis (within 7 calendar days) in accordance with SNAPSB Section 4. 5. Certification Requirements The district shall certify these residents using the same provisions that apply to all other households. References: 387.1 Definitions 387.16 Special Provisions for Household Circumstances 273.11 Action on Households with Special Circumstances 94 ADM-15 Food Stamps: Expansion of Definition of Food Stamp Eligibles Who Reside in Certain Group Living Arrangements 94 ADM-11 Domestic Violence: Eligibility and Payment for Residential Services for Victims 90 ADM-18 ADC and Food Stamps for Individuals in Congregate Care Facilities GIS 08TA/DC022 Group Home and Congregate Care Budgeting (UPSTATE ONLY) U. District Responsibility 1. Treatment Centers And/or Residents a. Districts must verify that the treatment Center is certified by the appropriate State agency. In most cases this will be the New York State Office of Alcohol and Substance Abuse Services (OASAS). b. Resident addicts and alcoholics shall have their eligibility determined as a one-person household. See SNAPSB Section 4 and this section. c. The district shall promptly notify OTDA when it has reason to believe that an organization or institution is missing SNAP benefits in its possession. The district shall take no action prior to FNS action against the organization or institution, but shall establish a claim for over-issuance of SNAP benefits held on behalf of resident clients. d. Districts must conduct periodic random on-site visits to the center to verify the accuracy of the resident list of program participants. Also, it must ensure that district records are consistent and up-to-date. 2. Residents Of Group Living Arrangements a. If these residents apply through the use of the facility's authorized representative, their eligibility shall be determined as one-person households. See SNAPSB Section 4 and this section. b. If the residents apply on their own behalf, the household size shall be in accordance with the definition in SNAPSB Section 4 and this section. c. Prior to certifying any residents for SNAP, the district shall verify that the group living arrangement is authorized by FNS as a retailer or is certified by the appropriate district or agencies of the State (as defined in this section including that district's (or agencies') determination that the center is a non- profit organization. (1) Verification that a facility is certified may be accomplished as follows: (a) Obtain a copy of an operating certificate, (b) Verify that the facility is listed in the Congregate Care Directory (available through Centraport), or (c) For Level I placements, it is necessary to verify both that the facility is certified and that the client is placed in the certified part of the facility. This can be done by obtaining a copy of the OMH form BPR-572 or using the SDX (see SNAPSB Section 4). Note however that only SSI clients residing in Level I certified facilities receive SSI benefits at the Level I amount. Therefore, verifying that an individual at the facility address is receiving SSI benefits at the Level I amount provides verification that the facility is certified as well as that the individual is a resident of the facility. Another method must be used to verify resident status for an individual receiving RSDI only (not SSI). (d) Verification of resident status at state operated community residences (OMH/OPWDD) may be established by attestation of such status by the facility or by the resource agency. (e) Although there is a need to verify that each facility is certified, it is not necessary to obtain verification from each applicant residing at the facility. 3. Shelters For Victims Of Domestic Violence a. Districts shall determine that the shelters for victims of domestic violence meet the definition given in this section. It must also document the basis of this determination. Shelters having FNS authorization to redeem at wholesalers shall be considered as meeting the definition, and the district is not required to make any further determination. NOTE: It is strongly recommended that districts maintain a list of shelters meeting the definition in order to facilitate the processing of residents' applications. b. Shelter residents who apply as separate households shall be certified: (1) Solely on the basis of their income and resources and the expenses for which they are responsible; (2) Without regard to the income, resources, and expenses of their former household. (3) For benefits from the date of the new application. See SNAPSB Section 4 and this section. c. Jointly held resources shall be considered inaccessible in accordance with SNAPSB Section 17. d. Room payments made by the resident to the shelter shall be considered as shelter expenses. e. Any shelter residents eligible for expedited service shall be handled in accordance with SNAPSB Section 15. f. Residents of residential programs for victims of domestic violence that receive TA have their SNAP case processed by the district that is determined to be fiscally responsible for TA. g. If residents of the shelter were previously members of a household which was in receipt of SNAP benefits, the district must take prompt action to ensure that the former household's composition is adjusted. The district must take prompt action to ensure that the former household's eligibility or allotment reflects the change in the household's composition. Such action must include acting on the reported change in accordance with Source Book Section 6 as appropriate, by issuing a notice of adverse action in accordance with Source Book Section 8. h. If the district has sufficient information, it should redetermine the former household’s eligibility and benefit entitlement. If the former household is ineligible or eligible for a lesser amount, an LDSS-3620 Notice of Intent to Change Supplemental Nutrition Assistance Program (SNAP) Benefits (Timely And Adequate) should be sent in accordance with SNAPSB Section 8. Reference: 94 ADM-11 Domestic Violence: Eligibility and Payment for Residential Services for Victims GIS-04 TA/DC 028 Implementation of Standardized Food Stamp Benefits for Group Home Residents V. Institutional Responsibility 1. Responsibilities Of Drug Addict Or Alcoholic Treatment Centers All Residential Treatment/Rehabilitation Centers which participate in the Program must enter into a formal written agreement with districts assuring that the Center: a. Will cooperate so that districts can meet their mandated responsibilities. b. Shall provide the district with a monthly, certified list of currently participating residents. c. Shall provide a resident, upon leaving the Center, with his ID card and any unused benefits. (1) If the household leaves the Center prior to the 16th day of the month, the Center shall provide the household with one-half of its monthly benefit allotment. (2) After the household leaves the Treatment Center, the Center cannot act as the household's authorized representative. The household must be given a change report form and advised by the authorized representative to return the form within 10 days to the district. d. Must notify the district of changes in the household's income and other circumstances in accordance with required reporting rules, including the date a participant leaves the treatment center. (1) The Treatment Center must return any SNAP benefits received for households which no longer reside in the Centers. (2) It must also return to the district any benefits not provided to departing residents at the end of each month. (3) These returned benefits shall include those not provided to departing residents because they left either prior to the 16th and the Center was unable to provide the individual with the benefits, or they left on or after the 16th of the month. e. Is responsible for any misrepresentation or fraud which it knowingly commits during the certification of center residents. As an authorized representative, the Center must know household circumstances. It must carefully review those circumstances with residents before applying on their behalf. The center will be strictly liable for all lost or misused SNAP benefits held on behalf of resident's households, and for all over-issuances which occur while the households are treatment center residents. f. May be penalized or disqualified if there is an administrative or judicial determination that SNAP benefits were misappropriated or used for purchases that did not contribute to a certified household's meals. No penalties and/or disqualifications can be imposed on a treatment center without prior approval from USDA. If a treatment center is disqualified as a retailer by FNS or no longer certified by responsible agencies of the State, its residents are no longer eligible to participate. The residents are not entitled to a notice of adverse action but shall receive a written notice explaining the termination and when it will become effective. 2. Residents Of Group Living Arrangements a. Each group living arrangement shall provide the district with a list of currently participating residents. This list shall include a statement signed by a responsible center official attesting to the validity of the list. The district shall require the list on a periodic basis. b. If the group living arrangement is acting as an authorized representative, the group living arrangement shall notify the district of changes in the household’s income or other household circumstances and when the individual leaves the group living arrangement. NOTE: If the resident has made application on his/her own behalf, the household is responsible for reporting changes to the district. c. If a group of residents has been certified as one household and has returned the benefits to the facility to use, the departing residents shall be given pro- rata share of one-half of the household's monthly benefit allotment if leaving prior to the 16th day of the month. d. Once the resident leaves, the group living arrangement no longer acts as his/her authorized representative. The group living arrangement shall, if possible, provide the household with a change report form to report to the district the individual's new address and other circumstances after leaving the group living arrangement and shall advise the household to return the form to the appropriate office of the district within 30 days. e. If a resident or a group of residents applies on their own behalf and if they retain use of their own benefits, these individuals are entitled to keep the benefits when they leave. f. The same provisions applicable to Drug and Alcoholic Treatment Centers also apply to group living arrangements when acting as an authorized representative. These provisions, however, are not applicable if a resident has applied on his/her own behalf. The resident applying on his/her own behalf shall be responsible for overissuances as would any other household. g. The group living arrangement shall return any household's benefits to the district if they are received after the household has left the group living arrangement, or if the coupons were not provided to the departing residents at the end of each month. These returned benefits shall include those not provided to departing residents because they left on or after the 16th of the month or they left prior to the 16th and the facility was unable to provide them with the benefits. h. When the household leaves the facility, the group living arrangement, either acting as an authorized representative or retaining use of the benefits on behalf of the residents (regardless of the method of application), shall provide residents with their ID cards. Also, the departing household shall receive its full allotment if no benefits have been spent on behalf of that individual household. These procedures are applicable any time during the month. However, if the benefits have already been issued and any portion spent on behalf of the individual and the household leaves the group living arrangement prior to the 16th day of the month, the facility shall provide the household with its ID card and one-half of its monthly benefit allotment. If the household leaves after the 16th of the month and the benefits have already been issued and used, the household does not receive any benefits. i. The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at a central location as part of the group living arrangement services or if meals are prepared at a central location for delivery to the individual residents. If residents purchase and/or prepare food for home consumption, as opposed to communal dining, the group living arrangement shall ensure that each resident's SNAP benefits are used for meals intended for that resident. If the resident retains use of his/her own benefit allotment, he/she may either use the benefit to purchase meals prepared for them by the facility or to purchase food to prepare meals for their own consumption. 3. Shelters For Victims Of Domestic Violence a. Many shelter residents have recently left a household containing the person who had abused them. Their former household may be certified for participation in the SNAP and its certification may be based on a household size that includes the women and children who had just left. Shelter residents who are included in such certified households may nevertheless apply for and (if otherwise eligible) participate in the SNAP as separate households if such certified household which includes them is the household containing the person who subjected them to abuse. Shelter residents who are included in such certified households may receive an additional allotment as a separate household only once a month. b. Residents of shelters for victims of domestic violence may use their benefits to purchase meals prepared especially for them at a shelter which is authorized by FNS to redeem at wholesalers, or which redeems at retailers as the authorized representative of participating households. W. Verification 1. Verification Verification is the securing of information which establishes the accuracy of information stated by the applicant on the application. 2. Mandatory Verification Districts must verify the following information prior to certifying households initially applying: a. Gross Non-Exempt Income - Gross non-exempt income must be verified for all households prior to certification. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate and all other sources of verification are unavailable, the eligibility worker must determine an amount to be used for certification purposes based on the best available information. NOTE: LDSS-3707 "Employment Verification" may be mailed directly to an employer at the time of application, recertification, or when circumstances demand such verification. Simplified reporting rules do not require households to report any changes, unless a change in gross income exceeds 130% of the Federal Poverty Level (FPL) for the family size. Therefore, for simplified reporters, districts are not required to verify moderate changes in income, unless the income change brings the household over the gross income limit. b. Recurring Loans - If the household receives payments on a regular or recurrent basis from the same source and claims the payments are loans, the district must require if questionable? that the provider of the loan sign an affidavit which states that repayments are being made or that payments will be made in accordance with an established repayment schedule. c. Resources – For non-categorically eligible households only, liquid and non- liquid resources identified by the household on the application which fall within the allowable resource limit. d. Alien Status - Based on the application, the district must determine if members identified as aliens are eligible aliens (as specified in this section) by requiring that the household present verification for each alien member. e. Heating/Air Conditioning, Utility, And Telephone Expenses (1) Use Of Standard Allowance(s) - For those households entitled to claim a standard heating/air conditioning, utility, and/or telephone allowance as specified in SNAP SB Section 12, the district shall verify that the household actually incurs an expense although there is no need for the district to verify the amount of the expense, unless the household wishes to claim expenses in excess of the State agency's utility standard. The district need not verify all expenses. Only those expenses necessary to determine entitlement to the appropriate standard(s) need to be verified. This verification is permitted on a one-time basis unless the household has moved or changed its utilities or unless questionable. (2) Unoccupied Homes - If the household wishes to claim expenses for an unoccupied home because of employment or training away from home, illness or abandonment caused by a natural disaster, or casualty loss, actual expenses must be verified as a standard allowance cannot be applied. However, the district is not required to assist the household in obtaining verification of expenses for unoccupied homes if verification would have to be obtained from a source outside of the district. f. Medical Expenses - For those households with members who are eligible to claim a deduction for medical expenses (see SNAPSB Section 12) the amount of any allowable medical expenses (including the amount of reimbursements) shall be verified prior to allowing the deduction. As with other information, which is verified at initial certification, the case record shall be documented as to the amount and the source of the medical expense. Verification of other factors, such as the nature of the services provided or the eligibility of the person incurring the cost, shall be required only if questionable. g. Social Security Number (1) A SSN can be verified through: (a) BENDEX, SDX printouts, or SOLQ (b) Completion of an SS-5 or, (c) Observation of Social Security cards or other official documents containing the SSN. (2) Households that have had their SSNs verified for FA or other similar programs shall be considered as having complied for SNAP purposes. A verified SSN shall be re-verified if the identity of the individual or the SSN becomes questionable. (3) Certification of an otherwise eligible household cannot be delayed solely to verify any member's SSN even if the 30-day processing period has not expired. A household will be certified as soon as all other necessary information has been verified other than an SSN. (4) If verification of an already reported SSN is not completed at the time of or prior to the household's next recertification, individuals who refuse to complete an application for an SSN (SS-5) or otherwise verify an SSN at recertification shall be excluded in accordance with this section. (5) Documentation must clearly be recorded in the case file if household members indicate they refuse to provide or apply for an SSN because of a valid religious belief. This documentation may include obtaining written or verbal confirmation from the religious organization the individual is a member that providing of an SSN by its members is in conflict with its religious doctrine. h. Residency - The residency requirements specified in this section shall be verified except in unusual cases (such as some migrant farm worker households, some homeless households or, households newly arrived in a project area) where verification of residency cannot be reasonably accomplished. When verification is not accomplished, the district must document efforts to obtain verification in the case file. (1) Method Of Verifying Residency - Verification of residency should be accomplished to the extent possible in conjunction with the verification of other information such as, but not limited to, rent and mortgage payments, utility expenses and identity. If verification cannot be accomplished in conjunction with the verification of other information, then the district shall use a collateral contact or other readily available documentary evidence. (2) Specific Documents Not Required - Documents used to verify other factors of eligibility should normally suffice to verify residency as well. Any documents or collateral contacts, which reasonably establish the applicant's residency, must be accepted and no requirement for a specific type of verification may be imposed. No durational residency shall be established. i. Identity - The identity of the person making application shall be verified. (1) Application By Authorized Representative - Where an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household shall be verified. (2) Acceptable Documentation - Identity may be verified through readily available documentary evidence or if this is unavailable, through a collateral contact. Examples of acceptable documentary evidence which the applicant may provide include, but are not limited to: a. A driver's license; b. A work or school ID; c. An ID for health benefits or for another assistance or social services program; d. Wage stubs; or e. A birth certificate. Any documents which reasonably establish the applicant's identity must be accepted, and no requirement for a specific type of document, such as a birth certificate, may be imposed. j. Districts shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with a State quality control reviewer and reapply after 125 days from the end of the annual review period. Districts shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with a Federal quality control reviewer and reapply after nine months from the end of the annual review period. k. Legal obligation and actual child support payments- The district shall obtain verification of the household's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays. Documents verifying a household’s obligation to pay child support are not verification of the actual payment of child support. l. Additional verification for able-bodied adults without dependents subject to the time limit— (1) Hours worked. For individuals subject to the SNAP time limit of §273.24 who are satisfying the work requirement by working, by combining work and participation in a work program, or by participating in a work or workfare program that is not operated or supervised by the State agency, the individuals' work hours shall be verified. (2) The district must also verify the number of countable months an individual has used in another State if there is an indication that the individual participated in that State. m. Continuing Shelter Charges - The district shall verify those shelter charges specified in SNAPSB Section 12 other than utilities, if allowing the expense could potentially result in a deduction. This verification is permitted on a one-time basis unless the household has moved, reported shelter costs that would potentially affect the level of deduction (in which case only those changed individual costs would be verified) or unless questionable as defined in this section. NOTE: LDSS-3668 Shelter Verification Guide may be used to verify shelter charges. n. Dependent Care Costs - For those households claiming dependent care costs as specified in SNAP SB Section 12, the district shall verify that the household incurs the costs and the actual amount of the costs, if allowing the expense could potentially result in a deduction. This verification is permitted on a one-time basis unless the provider has changed, the amount has changed and the change would potentially affect the level of the deduction or unless questionable. o. Household Composition - Districts shall verify household composition. (1) Acceptable Documentation - Verification shall be accomplished through a collateral contact such as a landlord or readily available documentary evidence, such as school records, draft cards, marriage records, or any documents which can be used to establish identity as listed in this Section. NOTE: The LDSS-3668 Shelter Verification Guide may be used to verify household composition. (2) Specific Document Not Required - Any documents which reasonably establish household composition must be accepted and no requirement for a specific type of document, such as a birth certificate, may be imposed. NOTE: Factors involving household composition such as boarder status or whether or not a particular group of individuals customarily purchases and prepares meals together shall not be verified unless questionable in accordance with this section. p. Date Of Birth - Districts shall verify the date of birth in situations where age is a factor in eligibility or benefit level determination. For example, the under 18 and 60 and over years of age population. The age of these individuals can affect eligibility or benefit amount because of such considerations as shelter costs and medical deductions, separate household status, student eligibility and work registration requirements. Date of birth may be verified through readily available documentary evidence such as birth certificate, church or hospital record of birth, school record, insurance policy or any other record which shows the date of birth. (1) Applying For Verification - Verification of date of birth (if questionable) should be handled in the same manner as verification of SSN as set forth in this section. If the individual has provided the date of birth, verification of this date or application for a birth certificate or other documentation must be completed by the household's next recertification. This is also true when a currently certified household reports the addition of new members to the household. q. Deductible Expenses (1) Delayed Verification - If obtaining verification of a deductible expense may delay the household's certification, the district shall advise the household that its eligibility and benefit level may be determined without providing a deduction for the claimed but unverified expense. (a) This provision also applies to the allowance of medical expenses. (b) Shelter cost would be computed without including the unverified components. If the expense cannot be verified within 30 days of the date of application, the district shall determine the household's eligibility and benefit level without providing a deduction of the unverified expense. (2) Receipt Of Verification - If the household subsequently provides the missing verification, the district shall redetermine the household's benefits and provide increased benefits, if any, in accordance with the timeliness standards in SNAP SB Section 6 on reported changes. The household shall be entitled to the restoration of benefits retroactive to the month of application, as a result of the disallowance of the expense, only if the reason that the expense could not be verified within the 30-day processing standard was because the district failed to allow the household sufficient time, as defined in SNAP SB Section 6, to verify the expense. NOTE: If the household would be ineligible unless the expense is allowed, the household's application shall be handled as provided in SNAP SB Section 4. r. Helpful Hints: (1) All pertinent information providing the basis for establishing an eligibility factor must be recorded including the source, the relevant dates and the specific data as well as the basis for the conclusion reached so that an audit trail is established. (2) Adequate verification of several eligibility factors may be obtained from one document. For example, birth certificates listing parentage can be used to verify the eligibility factors of age, citizenship and relationship. (3) When documentary evidence is cited, a copy of the certifying document need not be retained in the case record if the source, date and relevant content are recorded. (4) Where discrepancies exist within the accumulated evidence, it is recommended that the worker record the basis for the determination in the case record. (5) The primary burden of responsibility for verification of eligibility factors is upon the applicant/recipient. However, if the individual is unable to provide or obtain such verification, the worker must assist him/her in securing required verification. (6) In unusual instances in which documentation is not obtainable, such as in situations of immediate need for TA and/or SNAP benefits, the determination must be made based upon the cumulative evidence available. (7) For SNAP eligibility determinations, there are no designated primary or secondary verification elements. In establishing eligibility the applicant/recipient must provide sufficient documentary evidence to enable the eligibility worker to determine program eligibility. (8) SNAP eligibility may not be denied for failure to meet the verification/documentation requirements of another program. (9) Expedited processing for SNAP benefits allows for postponement of certain verification requirements (see SNAP expedited processing directions in SNAPSB Section 4). References: 387.1 Definitions 387.8 Application Process 90 ADM-23 Changes in Social Security Number Policy 12 INF-06 Food Stamp Program Clarification of Required documentation/Verification X. Questionable Information 1. Definition Questionable information is information on the application which is inconsistent with statements made by the applicant, inconsistent with other information on the application or previous application. The district shall determine if information is questionable based on the household's individual circumstances. NOTE: Determination of questionable information shall not be based on race, religion, ethnic background or national origin. Districts shall not target groups such as migrant farm workers or American Indians for more intensive verification under this provision. The rationale for determining information questionable should be entered in the case file. 2. Items To Be Verified When Questionable Questionable items may include but are not limited to: a. Household Composition - Districts shall verify factors affecting the composition of a household, if questionable. b. The individuals purchasing and preparing meals together or separately - However, due to the difficulty in verifying whether or not a group of individuals customarily purchases and prepares meals together, the district shall generally accept the household's statement regarding food preparation and purchasing. (1) Elderly/Disabled Individuals - Elderly, disabled individuals described in this section who wish to be a separate household even though they purchase and prepare meals together shall be responsible for obtaining the cooperation of the individuals with whom they reside in providing necessary information requested by the district. i. Income - However, the income of the others with whom the elderly, disabled individual resides (excluding the income of the individual and spouses) does not have to be verified unless the information given is determined questionable by the district as defined in this Section. ii. Medical - If requested by the district, they shall provide a physician's statement that they cannot purchase and prepare their own meals. For any household member claiming a permanent disability (see SNAP SB Section 19) that is questionable (not apparent) to the district, according to the definition of disabled in SNAP SB Section 5, the household shall provide, at the district's request, a statement from a physician or licensed or certified psychologist to assist the district in making a disability determination. c. Citizenship - When a household's statement that one or more of its members are U.S. citizens is questionable, the household must provide acceptable verification. Acceptable forms of verification include but are not limited to: (1) Birth certificates (2) Religious records (3) Voter registration cards (4) Certificates of citizenship or naturalization provided by United States Citizenship and Immigration Services (USCIS) (INS form I-179 or I-199) (5) U.S. passports (6) Collateral Contact - If one of the above forms of verification is not available and the household can provide a reasonable explanation why, the district shall accept a signed statement from someone who is a U.S. citizen declaring, under penalty of perjury, that the member in question is a U.S. citizen. i. The statement form must contain a warning of the penalties for helping someone commit fraud, i.e., if you intentionally give false information to help this person get SNAP Benefits, you may be fined, imprisoned, or both. NOTE: Status Pending Verification - The member whose citizenship is in question shall be ineligible to participate until proof of U.S. citizenship is obtained. Until proof of U.S. citizenship is obtained, the member whose citizenship is in question will have his or her income, and resources treated as specified in the SNAP SB Sections 13 and 17. NOTE: Districts cannot rely on a surname, accent, foreign appearance or lack of English speaking, reading or writing ability as grounds to question a claim of citizenship. References: 387.8 Application Process 01 ADM-8 Changes in Food Stamp Application and Recertification Procedures Y. Types of Verification 1. Documentary Evidence a. Definition - Documentary evidence consists of a written confirmation of a household's circumstances. b. Examples - Examples of documentary evidence include but are not limited to: (1) Wage stubs (2) Rent receipts (3) Utility bills (4) Birth certificates c. Acceptable - Acceptable verification shall not be limited to any single type of document and may be obtained through the household or other source. NOTE: Districts must use LDSS-2642 Documentation Requirements or approved equivalent to inform applicants/recipients of the specific eligibility factors which need to be verified, to provide a list of documents which are acceptable verification of these factors, and to indicate on the form the date by which any outstanding documents must be received. Client informational books LDSS-4148A New York State What You Should Know About Your Rights and Responsibilities (When Applying For or Receiving Benefits) and LDSS-4148B What You Should Know About Social Services Programs or LDSS-4148C New York State What You Should Know If You Have an Emergency, or the LDSS-4826A How to Complete the Supplemental Nutrition Assistance Program (SNAP) Application/Recertification to fulfill the mandate that applicants/recipients be provided general information on verification requirements. d. Use Of - Written documentary evidence is to be used as the primary source of verification of all items except residency. Residency may be verified either through readily available documentary evidence or through a collateral contact. e. Insufficient - Whenever documentary evidence cannot be obtained or is insufficient to make a firm determination of eligibility or benefit level, the Eligibility Worker may require collateral contacts or home visits. f. Responsibility For Obtaining Verification. (1) Household - The household has primary responsibility for providing documentary evidence to support statements on the application and to resolve any questionable information. The district shall assist the household in obtaining necessary verification in situations where the household is having difficulty obtaining the verification provided the household has demonstrated a willingness to cooperate with the district in completing the application process. Households may supply documentary evidence in person, through the mail or through an authorized representative. (2) District - The district shall accept any reasonable documentary evidence provided by the household. The district's primary concern should be that the evidence adequately supports the application information. If it would be difficult or impossible for the household to obtain the documentary evidence in a timely manner or the household has presented insufficient documentation, the district shall either help the household in obtaining the documentary evidence or shall use a collateral contact or home visit. The district shall not require the household to present verification in person at the SNAP office. 2. Collateral Contacts a. Definition - A collateral contact is an oral confirmation of a household's circumstances by a person outside of the household and it may be made by telephone or in person. b. Acceptable Contacts - An acceptable contact can be anyone able to provide an accurate third party verification of the household's statements. Example: Employers, community action groups, migrant service agencies and neighbors of the household. NOTE: Systems of records to which the district has routine access are not considered collateral contacts and therefore need not be designated by the household. Examples are the State Online Query System (SOLQ), Unemployment Insurance Benefit (UIB), the Beneficiary Data Exchange (BENDEX) and the State Data Exchange (SDX) and records of another agency where a routine access agreement exists (such as records from the State's unemployment compensation system). c. Responsibility For Obtaining Verification (1) Household - The district, generally, shall rely on the household to provide the name of any collateral contact. The household may request assistance in designating a collateral contact. NOTE: The district is not required to use a collateral contact designated by the household if the contact cannot be expected to provide accurate third party verification. (2) District - When the household fails to designate a collateral contact or the contact designated by the household is unacceptable, the district shall either: (a) Designate another collateral contact; (b) Ask the household to designate another collateral contact; (c) Provide an alternative form of verification; or (d) Substitute a home visit. If the district designates a collateral contact, the district shall not make the contact without providing prior written or oral notice to the household. At the time of the notice, the district shall inform the household that it has the following options: (a) Consent to the contact; (b) Provide acceptable verification in another form; or (c) Withdraw its application. If the household refuses to choose one of these options, its application shall be denied for failure to verify information. The district is responsible for obtaining verification from acceptable collateral contacts. NOTE: SNAP benefits cannot be denied or terminated because a person outside of the household fails to cooperate with a verification request. Household members who are ineligible or disqualified are not considered as individuals outside of the household under this provision. (3) Home Visits - Home visits may be used as verification only when documentary evidence is insufficient to make a firm determination of eligibility or benefit level or when documentary evidence cannot be obtained. The home visit must be scheduled in advance with the household. (4) State Data Exchange (SDX), Beneficiary Data Exchange (BENDEX) And State Online Query System (SOLQ), Public Assistance Reporting Information System (PARIS), Unemployment Insurance Benefits (UIB), Verified Employment Data (VED) and Prison are all computer matched OTDA has determined to be verified upon receipt information for SNAP purposes a. The district may verify the receipt of benefits in another state/duplicate assistance through PARIS b. The district may verify recipients who are incarcerated in State, county, or city jails through Prison match. c. The district may verify recipients who are in receipt of Unemployment Insurance Benefits through (UIB). d. The district may verify employment status through VED. VED is verified through either TALX/The Work Number or NDNH Manual Employment Verification. e. The district may verify SSI benefits through the SDX or SOLQ; Social Security benefit information through the BENDEX or SOLQ; or through verification provided by the household. f. The district may use SDX, SOLQ , PARIS, Prison, UIB VED and BENDEX data to verify other SNAP eligibility criteria. The district may access this data without release statements from households. The household shall be given an opportunity to verify the information from another source if the SDX, SOLQ, PARIS, Prison, UIB VED or BENDEX information is contradictory to the information provided by the household or is unavailable. g. Matches obtained through Wage Reporting System (WRS) and the State Directory of New Hires (SDNH) require further verification and the district before any SNAP action can be taken. NOTE: Determination of the household's eligibility and benefit level shall not be delayed past the application processing time standards set forth in SNAP SB Section 4 if SDX, SOLQ, PARIS, Prison, UIB VED or BENDEX data is unavailable. 3. Computer Matching Of IRS Unearned Income Data IRS matching is done on TANF funded cases (case type 11 or 12) only. This matching may reveal household resources in excess of the SNAP limit. However, as long as a household remains categorically eligible for SNAP benefits, the "excess" resources do not render the household ineligible for SNAP benefits. 4. Case File Documentation The district case file must be documented to support eligibility, ineligibility and benefit level determinations. The documentation shall be in sufficient detail to enable a reviewer to judge the reasonableness and accuracy of the determination. a. Questionable Information - Where verification was required to resolve questionable information, the district shall document why the information was considered questionable or, at a minimum, indicate where in the case file the inconsistency exists and what documentation was used to resolve the questionable information. b. Alternate Sources - The district shall substantiate the reason why an alternate source of verification, such as a collateral contact or home visit, was needed. This is not necessary in cases where a collateral contact is used to verify residency or household size. c. Collateral Contacts - The district shall also document the reason a collateral contact was rejected and an alternate requested. EXAMPLE: Mr. Arnold works part-time at a service station. He is paid in cash and does not receive a statement of wages and hours. He gives the name of his co- worker, Mr. Murray, as a collateral contact to verify his wages and hours. The EW rejects the contact as someone not sufficiently knowledgeable and obtains the name of Mr. Arnold’s employer, Mr. Dennis, the manager of the station, as the collateral contact. References: 387.8 Application Process 06 ADM-02 Temporary Assistance: Income Eligibility Verification System (IEVS) 1099 Processing 93 ADM-20 DSS-2642-Documentation Requirements 01 ADM-08 Changes in Food Stamp Application and Recertification Procedures Z. Expedited Benefits The district must use the following verification procedures for households qualified for expedited service. 1. Identity In all cases, the applicant's identity (i.e., the identity of the person making the application) shall be verified through a collateral contact or readily available documentary evidence. NOTE: All possible sources of direct or collateral documentation must be explored, such as a telephone contact with shelters or community agencies, or a statement from a third party, or a notarized statement from the applicant. The LDSS-2642 Documentation Requirements form to send for evidence the household applied for a birth certificate and/or a birth certificate, signed by the applicant, can be used as verification of identity if no other verification is available. Note: Federal regulations state that any documents which reasonably establish the applicant’s identity must be accepted. However, if no verification of identity is possible, then SNAP benefits cannot be issued. 2. Residency, Income, Resources, Other Factors All reasonable efforts shall be made to verify within the expedited processing standards, the household's residency, income statement (including a statement that the household has no income), liquid resources and all other factors required as specified in this section through collateral contacts or readily available documentary evidence. However, benefits shall not be delayed beyond the delivery standards prescribed in SNAP SB Section 15 solely because these eligibility factors have not been verified. 3. Additional Verification Districts also may verify factors other than identity, residency and income provided that verification can be accomplished within expedited processing standards. Districts should attempt to obtain as much additional verification as possible during the interview, but should not delay the certification of households qualified for expedited service for the full timeframes specified in SNAP SB Section 15 when the district has determined it is unlikely that other verification can be obtained within these timeframes. 4. Social Security Number Households qualified for expedited service shall be asked to furnish a SSN for each person or apply for one for each person before the second full month of participation. Those households unable to provide the required SSN's or who do not have one prior to their next issuance shall be treated in accordance with this section. 5. Discrepant Information When Pended Verification Is Provided There is no IHE or IPV overpayment due to issuance of SNAP benefits under expedited processing with verification pended. This includes situations where the verification subsequently submitted substantiates a lower benefit level than was issued in the initial expedited payment period, even if it appears the household should have known verification would differ from the information they initially provided. There is a presumption of good faith on the part of the district and the client in determining the level of benefits to be issued during the expedited payment period. However, the district must act accurately on the information available. If the district makes an error and does not act accurately on the information available at the time of determining the benefit under expedited processing, it would still be considered an district error with associated claim for overpayment. Part of the rationale for not establishing claims on benefits issued under expedited processing rules is that OTDA wants to avoid compliance issues that might arise if districts were held accountable for errors related to the accuracy of the information provided by the household. Districts might well be hesitant to fully comply with the expedited requirements as quickly as possible, thinking it best to instead attempt verification of the information. NOTE: In the case of a provable IPV where the household did not give income at initial application or knowingly misrepresented their income expedited benefits can be recouped. Only in instances where there is concrete evidence that the expedited benefits were NOT issued in accordance with the expedited processing requirements can recoupment be considered. Reference: 387.8 Application Process 273.2 Office operations and application processing 05 ADM-13 Revised LDSS-3938: “Food Stamp Application Expedited Processing Summary Sheet” AA. Verification For Residents Of Group Living Arrangements For applications filed by resource agents as authorized representatives, all program verification requirements apply. However, presentation of the actual documents by the resource agent to the eligibility worker or district is not mandated if: 1. The resource agent attests in writing that all required documentation is in his/her possession and that the contents are as stated. This documentation is to be itemized. 2. The resource agent further identifies the file in which such documentation is contained and the location of this file. NOTE: Questionable information always requires verification. BB. Strikers 1. Definition A striker is anyone involved in a strike or concerted stoppage of work by employees, including stoppage by reason of the expiration of a collective bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees. Employees who are prevented from working by a strike but are not participating in a strike are considered non- strikers. 2. Non-Strikers Non-strikers who are eligible for SNAP benefits include, but are not limited to, the following: a. Employees whose work place is closed by an employer in order to resist demands of employees, such as a lockout; or b. Employees who are unable to work as a result of striking employees, such as truck drivers unable to deliver newspapers because striking newspaper pressmen prevent newspapers from being printed; or c. Employees who are not part of the bargaining unit on strike but who do not want to cross a picket line due to fear of personal injury or death; or d. Employees who went on strike but who are exempt from work registration, the day prior to the strike, other than those who are exempt solely on the grounds that they are employed; or e. Employees whose jobs are no longer available because permanent replacements have been hired by the company. However, the employees will be considered strikers until such time as their jobs are no longer available. 3. Participation Eligibility Households with striking members shall be ineligible to participate in the Program unless the household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. However, such a household shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the household. Pre-strike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. 4. Eligibility Determination And Income Calculation Eligibility at time of application shall be determined by comparing the striking member's income the day prior to the strike (as calculated according to paragraph 2 above) to the striker's current income and adding the higher of the two to the current income of non-striking members during the month of application. Eligibility and benefit level shall then be calculated for the month of application as for any other household. References: 387.1 Definitions 387.16 Special Provisions for Household Circumstances 273.11 Action on Households with Special Circumstances CC. Reporting Changes Between Application and Certification An applying household shall report all changes from the time of application related to its SNAP eligibility and benefits at the certification interview. At application or recertification, when changes occur between the Date of Interview and the date the Notice of Eligibility is issued, the household will have until 10 days following the end of the calendar month the Notice of Eligibility was issued, to report any changes. Reference: 07 ADM-05 Food Stamp Change Reporting for Ten-Day Reporters 14 INF-16 Notice of Pending SNAP Application DD. Identification Cards and Pins 1. Identification Cards The district must ensure that a member of the household has a Common Benefit Identification Card (CBIC). If no one in the household has a CBIC, the district must issue a CBIC to the designated SNAP cardholder at the time of certification. The member of the household must sign the CBIC prior to use. 2. Replacement CBICs must be replaced when the card is: a. Lost or stolen. b. Physically damaged, including magnetic stripe not working/able to be read by an ATM or POS device, card is cracked/broken, information is worn off or missing from the card, card is illegible, etc.). c. Designated cardholder requests a photo card. Replacement CBICs are automatically generated and mailed when a change in demographic data is initiated through WMS (Name, Sex or Date of Birth). This new mailed permanent card issued due to demographic changes will NOT deactivate/void/delete the previous permanent card immediately. The CBIC system will assign a 90-day expiration/void date to the previous card to permit sufficient time for the new mailed card to arrive. Once the new mailed replacement card is used for any transactions, for example PIN selection, balance inquiry, ATM/POS transactions both approved or denied, etc., the previous permanent card will be deactivated/voided/deleted and can no longer be used. 3. Personal Identification Numbers (PINS) The district must ensure that the designated SNAP cardholder has a PIN. If the designated SNAP cardholder does not have a PIN, they must select one. As a rule, for replacement cards, PINS are transferred from the previous card to any new card issued including to temporary vault cards. However, new recipients not previously known to WMS, or who have never had a CBIC card, and have a SSN on record in WMS, must select a PIN for their newly issued permanent card as PIN mailers are not automatically sent to these cardholders. a. Pin Selection - Recipients may select or change a PIN using any of the following methods: (1) Visit the district with card in hand and use the PIN selection device supplied by the district. (2) For cardholders with a SSN in WMS, they may call the EBT Customer Service Helpline at 1-888-328-6399 and choose the PIN change option. (3) Go online at ebtEDGE.com to access the EBT Cardholder Account website to change a PIN. Note: cardholder cannot establish/select their first PIN (new recipient never known to WMS and getting their first card) but can only change their PIN. The online PIN process requires the cardholder to enter the previous PIN assigned to the CBIC along with their Zip Code. (4) Call his/her caseworker to request a mailed PIN. In this process a new PIN will be assigned to the card. b. Compromised or Forgotten PINS (1) If the recipient cannot remember their PIN, they can choose a new PIN, or request the district to send them a mailed PIN. (2) If the recipient’s card or PIN has been compromised due to identity theft, the recipient should take the following steps: (a) Contact the EBT Customer Service immediately to report the card stolen and have the card deactivated. Only by first contacting the EBT Helpline to deactivate their card can the recipient be protected from further potential benefit theft/loss. This process will permit the recipient the option to request a mailed permanent replacement card. If the card being reported as lost, stolen or damaged is a temporary vault card, a replacement request cannot be generated by the EBT Vendor and the recipient must contact/go to the district to get a replacement temporary vault card. (b) Contact their district worker to request EBT ARU PIN restriction. This is a procedure the district can use to make it impossible to change the PIN over the phone via the EBT Customer Service helpline or through the EBT Cardholder Account internet website. (c) If the recipient did not request a permanent replacement card when reporting their permanent card as lost, stolen or damaged to the EBT helpline, the recipient should contact the district and request that the district issue a new EBT card. It is recommended that the recipient also select a new PIN for this new card. Reference: Electronic Benefit Transfer (EBT) Resources ebtEdge Cardholder Portal and Mobile Application Manual LDSS-5004 - How to Use Your Benefit Card to Get Supplemental Nutrition Assistance (SNAP) and/or Cash Benefits LDSS-5066 – EBT Cardholder Online Account User Guide EE. Front End Detection System Chapter 41 of the Laws of 1992 mandated that each district establish a Front End Detection System (FEDS) for TA. Districts are authorized to establish an investigative process under the Front End Detection System (FEDS) for their Temporary Assistance (TA) caseload as a means of ensuring that only eligible households receive cash assistance. However, the district has the option of using FEDS to verify information on SNAP applications and must consider information derived from FEDS investigations of other benefit programs. Some important items to remember when using FEDS on SNAP cases include: a. FEDS referral/investigation does not exempt the district from processing the SNAP case in a timely manner including Expedited Processing and the 30-day time limit for ordinary eligibility determination. Failure to do so constitutes a Program Access Error. b. Purely SNAP households are not required to meet eligibility requirements for other than the SNAP. For instance, a SNAP household may not be required to submit to a home visit. c. A FEDS referral is not a substitute for a comprehensive interview or ordinary documentation/verification efforts. Prior to an investigative referral, clients must be afforded the right to explain any information that would, absent that investigation, occasion a FEDS investigation. d. The Eligibility Worker (EW) and related supervisory staff are ultimately responsible for deciding to send a case for FEDS investigation and/or for determining whether any information resulting from a FEDS investigation impacts the household’s SNAP eligibility. Districts are limited to the populations and areas of investigation outlined in their state- approved FEDS Plan. Failure to attend a FEDS interview is not, in itself, a valid reason to deny SNAP benefits. Reference: 05 ADM-08 Front End Detection System (FEDS) Policy