Page 112

Page | 111 2. In communities which have no licensing requirements, a commercial establishment offering meals and lodging with the intent to make a profit.

In either case, the number of residents has no effect on whether the establishment is or is not a boarding house.

7350 STRIKERS

Households with striking members will be ineligible to participate unless: • The household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. • The striker is exempt for the work registration requirement the day prior to the strike for any reason other than that they are employed.

Certified households with members who go on strike are not entitled to increased benefits if their income decreases because of the strike.

A. Definition of a Striker: A striker is anyone who participates in a strike or concerted work stoppage by employees, including slowdowns and other concerted interruptions of the employer's operations. A strike often affects others besides those directly participating in the strike. DSS does not consider these others to be strikers if:

1. They can't work because of the strike, or; 2. They fear to cross the picket line because of threatened harm or vandalism. 3. They are locked out of their jobs by their employers.

B. Eligibility and Benefits for Strikers: Pre-strike eligibility is determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. Eligibility at the time of application is determined by comparing the striking member’s income before the strike (as calculated for pre-strike eligibility) 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.

To determine benefits (and eligibility for household’s subject to the net income eligibility test), deductions are calculated for the month of application as for any other household. Whether pre-strike earnings are used, or his current income is used, the earnings deduction is used, if appropriate.

EXAMPLE: Airline pilots strike; in sympathy ticket handlers strike; baggage handlers cannot work because there is no work; and mechanics fear retaliation if they cross the picket line. The pilots and ticket handlers are strikers. The baggage handlers and mechanics are non-strikers. EXAMPLE (Striker income): An applicant household has one member who is on strike. This member earned $800 monthly on the job immediately before the strike. At the time of application, the striker receiving $350 per month strike benefits plus $350 from a part- time job. Pre-strike income is $800 while post-strike income is $700. Therefore, the higher of the two incomes will be used or $800 when determining eligibility benefits. This is added to the rest of the household's income.