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972 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) The following ODHS programs are not included in the 1999 public charge test: • Employment Related Day Care (ERDC) • Employment and Training (E&T) programs • Job Participation Incentive (JPI) • Medicaid and CHIP (HSD and APD medical programs)* • Refugee Cash Assistance (REF) • Supplemental Nutrition Assistance Program (SNAP) • Temporary Assistance for Domestic Violence Survivors (TA-DVS) *The portion of Medicaid used to pay for long-term care is considered. Which other public benefit programs may not be counted for public charge? The following programs may not be taken into consideration by USCIS officials when making a public charge determination. Under the 1999 agency guidance, non-cash benefits and special-purpose cash benefits not intended for income maintenance are not subject to public charge consideration. Such benefits include: • Cash payments that have been earned, such as Title II Social Security benefits, government pensions and veterans’ benefits, among other forms of earned benefits • Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education • Emergency disaster relief • Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP) • Foster care and adoption assistance • Housing benefits • In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) • Non-cash benefits under TANF such as subsidized child care or transit subsidies • Nutrition programs, including the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and the School Breakfast programs, and other supplementary and emergency food assistance programs such as Pandemic-EBT/Summer-EBT meal programs • Other child care services • Unemployment compensation. Note: Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Because the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, they are not subject to public charge consideration. Does the rule change how eligibility is determined for public service programs?