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(a) Nonfinancial eligibility requirements are:
(1) Residency. An applicant must live within the geographic area served by the local department in which they file an application for food stamps. An otherwise eligible household cannot be required to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility.
(2) Citizens and eligible aliens. To be eligible to participate in the food stamp program, a person must be a citizen of the United States or be an eligible alien as set forth below.
(i) Time-limited eligibility for refugees and asylees. The following aliens are eligible for food stamps until five years after the date:
(a) the alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;
(b) the alien is granted asylum under section 208 of the Immigration and Nationality Act; or
(c) the alien's deportation is withheld under section 243(h) of the Immigration and Nationality Act.
(ii) Certain permanent resident aliens. A permanent resident alien is eligible for food stamps if the alien:
(a) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and
(b) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters. In determining the number of qualifying quarters of coverage, an alien is credited with the following:
(1) all qualifying quarters of coverage worked by the alien;
(2) all qualifying quarters of coverage worked by a parent of such alien while the alien was under age 18; and
(3) all qualifying quarters worked by the spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased; and For purposes of clause ( b ) of this subparagraph, no qualifying quarters of coverage provided for in subclause ( 1 ) of this clause for any period beginning after December 31, 1996 may be credited to an alien if such alien, for purposes of item ( i ) or the parents or spouse of such alien, for purposes of items ( ii ) and ( iii ) respectively, received any Federal means-tested public benefit during the period for which such qualifying quarter of coverage is credited.
(iii) Lawfully residing aliens who are veterans or are on active duty in the armed forces of the United States. An alien lawfully residing in this State is eligible for food stamps if the alien:
(a) is a veteran with a discharge characterized as an honorable discharge and not on account of alienage;
(b) is on active duty, other than duty for training, in the Armed Forces of the United States; or
(c) is the spouse or unmarried dependent child of an individual described in clauses ( a ) and ( b ) of this subparagraph.
(iv) Ineligibility under this paragraph does not apply until April 1, 1997 to an alien who was in receipt of food stamp benefits on August 22, 1996.
(i) Time-limited eligibility for refugees and asylees. The following aliens are eligible for food stamps until five years after the date:
(a) the alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;
(b) the alien is granted asylum under section 208 of the Immigration and Nationality Act; or
(c) the alien's deportation is withheld under section 243(h) of the Immigration and Nationality Act.
(a) the alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;
(b) the alien is granted asylum under section 208 of the Immigration and Nationality Act; or
(c) the alien's deportation is withheld under section 243(h) of the Immigration and Nationality Act.
(ii) Certain permanent resident aliens. A permanent resident alien is eligible for food stamps if the alien:
(a) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and
(b) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters. In determining the number of qualifying quarters of coverage, an alien is credited with the following:
(1) all qualifying quarters of coverage worked by the alien;
(2) all qualifying quarters of coverage worked by a parent of such alien while the alien was under age 18; and
(3) all qualifying quarters worked by the spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased; and For purposes of clause ( b ) of this subparagraph, no qualifying quarters of coverage provided for in subclause ( 1 ) of this clause for any period beginning after December 31, 1996 may be credited to an alien if such alien, for purposes of item ( i ) or the parents or spouse of such alien, for purposes of items ( ii ) and ( iii ) respectively, received any Federal means-tested public benefit during the period for which such qualifying quarter of coverage is credited.
(a) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and
(b) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters. In determining the number of qualifying quarters of coverage, an alien is credited with the following:
(1) all qualifying quarters of coverage worked by the alien;
(2) all qualifying quarters of coverage worked by a parent of such alien while the alien was under age 18; and
(3) all qualifying quarters worked by the spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased; and For purposes of clause ( b ) of this subparagraph, no qualifying quarters of coverage provided for in subclause ( 1 ) of this clause for any period beginning after December 31, 1996 may be credited to an alien if such alien, for purposes of item ( i ) or the parents or spouse of such alien, for purposes of items ( ii ) and ( iii ) respectively, received any Federal means-tested public benefit during the period for which such qualifying quarter of coverage is credited.
(1) all qualifying quarters of coverage worked by the alien;
(2) all qualifying quarters of coverage worked by a parent of such alien while the alien was under age 18; and
(3) all qualifying quarters worked by the spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased; and For purposes of clause ( b ) of this subparagraph, no qualifying quarters of coverage provided for in subclause ( 1 ) of this clause for any period beginning after December 31, 1996 may be credited to an alien if such alien, for purposes of item ( i ) or the parents or spouse of such alien, for purposes of items ( ii ) and ( iii ) respectively, received any Federal means-tested public benefit during the period for which such qualifying quarter of coverage is credited.
(iii) Lawfully residing aliens who are veterans or are on active duty in the armed forces of the United States. An alien lawfully residing in this State is eligible for food stamps if the alien:
(a) is a veteran with a discharge characterized as an honorable discharge and not on account of alienage;
(b) is on active duty, other than duty for training, in the Armed Forces of the United States; or
(c) is the spouse or unmarried dependent child of an individual described in clauses ( a ) and ( b ) of this subparagraph.
(a) is a veteran with a discharge characterized as an honorable discharge and not on account of alienage;
(b) is on active duty, other than duty for training, in the Armed Forces of the United States; or
(c) is the spouse or unmarried dependent child of an individual described in clauses ( a ) and ( b ) of this subparagraph.
(iv) Ineligibility under this paragraph does not apply until April 1, 1997 to an alien who was in receipt of food stamp benefits on August 22, 1996.
(3) Student. To be eligible, students must meet the requirements for student status as defined in section 387.1(ee) of this Part.
(4) Employment registration. Household members, including migrant/seasonal laborers, must register for employment unless they are deemed to be exempt pursuant to section 385.3 of this Title.
(5) Social security numbers (SSN). All households applying for or participating in the food stamp program must provide the social security number of each household member. When an individual does not have an SSN, an application for one must be made. Where necessary, the local department must assist the household in obtaining an SSN. Failure to apply for or provide an SSN shall result in the disqualification of that individual from participation in the food stamp program. Applying for or providing the SSN to the local department immediately brings the disqualified individual into compliance with this requirement.
(6) Transfer of resources. Households which have transferred resources as defined in subdivision (b) of this section knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits shall be disqualified from participation in the food stamp program for up to one year from the date of the discovery of the transfer. This disqualification period shall be applied if the resources are knowingly transferred in the three-month period prior to application or after the household is determined eligible for benefits.
(i) Eligibility will not be affected by the transfers of the following:
(a) resources which would not otherwise affect eligibility;
(b) resources sold or traded at or near fair market value;
(c) resources which are transferred between members of the same household (including ineligible aliens or disqualified persons whose resources are being considered available to the household); and
(d) resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.
(ii) If an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the household shall be sent a notice of denial explaining the reason for and length of the disqualification. The period of disqualification shall begin in the month of application. If the household is participating in the food stamp program at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be made effective with the first allotment to be issued after the notice of adverse action period has expired.
(iii) The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceeds the allowable resource limits. The following chart will be used to determine the period of disqualification:
(i) Eligibility will not be affected by the transfers of the following:
(a) resources which would not otherwise affect eligibility;
(b) resources sold or traded at or near fair market value;
(c) resources which are transferred between members of the same household (including ineligible aliens or disqualified persons whose resources are being considered available to the household); and
(d) resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.
(a) resources which would not otherwise affect eligibility;
(b) resources sold or traded at or near fair market value;
(c) resources which are transferred between members of the same household (including ineligible aliens or disqualified persons whose resources are being considered available to the household); and
(d) resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.
(ii) If an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the household shall be sent a notice of denial explaining the reason for and length of the disqualification. The period of disqualification shall begin in the month of application. If the household is participating in the food stamp program at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be made effective with the first allotment to be issued after the notice of adverse action period has expired.
(iii) The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceeds the allowable resource limits. The following chart will be used to determine the period of disqualification:
(7) Household cooperation.
(i) A household applying for food stamps 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.
(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 it can take and 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 food stamps. Such household must not be determined eligible until it cooperates in completing the eligibility determination process.
(ii) A household receiving SNAP benefits or reapplying for SNAP must cooperate with any quality control review of its current or previous SNAP eligibility. A household refusing to cooperate in any quality control review must be determined ineligible to receive SNAP benefits.
(a) A household whose eligibility has been terminated for refusal to cooperate with a quality control review may reapply for SNAP benefits. The household must not be determined eligible until it cooperates in the quality control review, except as set forth in clause ( b ) of this subparagraph.
(b) A household cannot be denied SNAP benefits 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 benefits 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 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
(3) the household provides verification of its eligibility for SNAP in accordance with section 387.8(b) of this Part.
(c) In the event that one or more household members no longer reside with a household terminated for refusal to cooperate, the penalty for refusal to cooperate will attach to the household of the person(s) refusing to cooperate.
(i) A household applying for food stamps 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.
(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 it can take and 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 food stamps. Such household must not be determined eligible until it cooperates in completing the eligibility determination process.
(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 it can take and 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 food stamps. Such household must not be determined eligible until it cooperates in completing the eligibility determination process.
(ii) A household receiving SNAP benefits or reapplying for SNAP must cooperate with any quality control review of its current or previous SNAP eligibility. A household refusing to cooperate in any quality control review must be determined ineligible to receive SNAP benefits.
(a) A household whose eligibility has been terminated for refusal to cooperate with a quality control review may reapply for SNAP benefits. The household must not be determined eligible until it cooperates in the quality control review, except as set forth in clause ( b ) of this subparagraph.
(b) A household cannot be denied SNAP benefits 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 benefits 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 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
(3) the household provides verification of its eligibility for SNAP in accordance with section 387.8(b) of this Part.
(c) In the event that one or more household members no longer reside with a household terminated for refusal to cooperate, the penalty for refusal to cooperate will attach to the household of the person(s) refusing to cooperate.
(a) A household whose eligibility has been terminated for refusal to cooperate with a quality control review may reapply for SNAP benefits. The household must not be determined eligible until it cooperates in the quality control review, except as set forth in clause ( b ) of this subparagraph.
(b) A household cannot be denied SNAP benefits 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 benefits 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 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
(3) the household provides verification of its eligibility for SNAP in accordance with section 387.8(b) of this Part.
(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 benefits 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 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
(3) the household provides verification of its eligibility for SNAP in accordance with section 387.8(b) of this Part.
(c) In the event that one or more household members no longer reside with a household terminated for refusal to cooperate, the penalty for refusal to cooperate will attach to the household of the person(s) refusing to cooperate.