Categorical eligibility.

(i) Categorically eligible households are exempted from the gross and net income limits as defined in section 387.10 of this Part. Categorically eligible households are presumed, without further investigation or verification, to meet the resource limits as set forth in section 387.9 of this Part as a result of all members of the household being eligible for family assistance, nonemergency safety net assistance and/or SSI. Social security numbers, sponsored alien information and residency information as provided to establish and maintain eligibility for family assistance, non-emergency safety net assistance and/or SSI are presumed to be correct, without further investigation or verification. All other requirements of SNAP eligibility and benefit levels apply to categorically eligible households as specified in this Part. The following households shall be considered categorically eligible for SNAP:

(a) households in which all members are recipients of family assistance, nonemergency safety net assistance and/or SSI benefits must be considered categorically eligible for SNAP. Categorically eligible recipients include:

(1) households in which all members are authorized to receive family assistance, nonemergency safety net assistance and/or SSI benefits but who have not yet received payment;

(2) individuals whose family assistance, nonemergency safety net assistance and/or SSI benefits are suspended or being recouped; and

(3) individuals determined eligible for family assistance or nonemergency safety net assistance benefits but who are not paid such benefits because the grant is less than $10.

(b) households that have either an elderly or disabled member (or members) as defined in section 387.1 of this Part and a gross income at or below 200 percent of the Federal poverty limit;

(c) households that have out-of-pocket dependent care expenses and a gross income at or below 200 percent of the Federal poverty limit;

(d) households that have earned income budgeted for the purpose of determining SNAP eligibility and benefit amount and a total gross income at or below 150 percent of the Federal poverty limit; and

(e) households not meeting one or more of the definitions set forth in clauses ( a ) through ( d ) above with gross household income at or below 130 percent of the Federal poverty limit.

(ii) Under no circumstances can any household be considered categorically eligible for SNAP if any member of that household is disqualified from participating in SNAP for:

(a) an intentional program violation, as defined by section 387.1 of this Part;

(b) failure to comply with the periodic reporting requirements in accordance with section 387.17(d) of this Part; or

(c) failure to comply with the work requirements in accordance with section 385.3 of this Title.

(iii) Individuals ineligible to participate in SNAP cannot be included in any household which is otherwise categorically eligible for SNAP. Ineligible individuals include, but are not limited to, the following:

(a) aliens who do not meet the citizenship or eligible alien status requirements contained in section 387.9 of this Part or the eligible sponsored alien requirements contained in section 387.10(b)(6) of this Part;

(b) individuals who do not meet the definition of a student as contained in section 387.1 of this Part;

(c) residents of commercial boarding homes;

(d) individuals living with others and paying compensation to others for meals and lodging but not meeting the requirements for such group living/shelter arrangements;

(e) boarders, as defined in section 387.1 of this Part, unless the boarder participates as a member of the household providing services, including lodging and meals, at such household's request; or

(f) individuals or groups of individuals who are residents of institutions except the following:

(1) residents of federally subsidized housing for the elderly, built under section 202 of the Housing Act of 1959 or section 236 of the National Housing Act;

(2) persons with alcohol and/or substance use disorders residing in public or approved nonprofit private drug or alcoholic treatment centers or facilities, and children who live with their parent or parents in such drug or alcoholic treatment centers or facilities, which meet the requirements of a drug addiction or alcoholic treatment and rehabilitation facility as set forth in section 387.1 of this Part;

(3) visually impaired or otherwise disabled individuals who reside in approved group living facilities and who because of their disabilities are in receipt of social security benefits under title II or title XVI of the Social Security Act;

(4) women or women with their children who are residing in temporary shelters for battered women and children; and

(5) homeless individuals or families who are categorically eligible as defined in this paragraph and who are residents of public or private nonprofit shelters for homeless persons.