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968 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) not live in the same household as the person responsible for the battery. Note: These exceptions can be reviewed and eligibility redetermined without deeming from a sponsor after the 12-month period if the non-citizen demonstrates that such battery or cruelty described above has been recognized in an order of a judge or administrative law judge or a prior determination of U.S. Citizenship and Immigration Services, and that such battery or cruelty has a substantial connection to the need for benefits. • The sponsored non-citizen establishes indigence. Indigence Determinations The agency may determine that the eligible, sponsored non-citizen meets indigence criteria, or the individual can self-declare they are not being supported by the sponsor. This means the household is not being provided sufficient support to meet basic needs. A SNAP household with a sponsored non-citizen may not be considered as indigent if the total income of the non-citizen’s household (including in- kind income) plus cash, food, housing or other assistance provided by other individuals, including the sponsor, is over 130 percent of the federal poverty level. If the household is over 130% FPL indigence is not an option; the sponsor’s income must be verified and deemed. Each indigence determination is effective for 12 months and may be renewed for additional 12-month periods. Steps to complete the indigence determination: • If the total SNAP household income is below 130% FPL, proceed • Explain indigence determination and purpose to the sponsored non-citizen or authorized representative. An individual may opt-out of the indigence process at any time:
If a sponsored non-citizen opts-out, they would no longer be requesting benefits for this individual.
Remove the SNAP benefit request for the individual and continue determining eligibility for any remaining household members. • Staff make the final indigence determination by completing the Declaration of Indigence form (DHS 1058) with the sponsored non-citizen. This form should be signed by the sponsored non-citizen. • The completed, signed form should be forwarded to SNAP policy. • SNAP policy will submit to the Attorney General. Note: The DHS 1058 serves as documentation that a sponsor is not complying with the legal obligation to provide adequate support to the sponsored non-citizen as a condition of entry. The form documents that the sponsored non-citizen meets indigence criteria and agrees with this determination. Explaining the process and reason will allow the sponsored non-citizen to make an informed choice in continuing with the indigence determination process. Deeming countable income from a sponsor Once verification of all earned and unearned income is received, follow these steps to determine countable deemed income: