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Page | 78 month, unless they are in a battered women’s shelter.  If the applicant did not receive SNAP or commodities in the application month but resides with a household that did, the applicant is allowed to have separate household status for one month, if otherwise eligible. The situation must be resolved by the second month.  If an individual is sanctioned for SNAP benefits (other than an IPV) the individual can apply and receive commodities while the rest of the household receives SNAP. In this situation, the individual that is sanctioned is not considered to be receiving SNAP benefits.

When it is established that an individual received SNAP and commodities in the same month, an overpayment claim is filed only if the household received (picked up) commodities first because the household was never entitled to SNAP. If the household was certified for SNAP first, then no claim is needed because the household was legally entitled to SNAP benefits. (Commodities were erroneously received in that instance). If a household reports they have joint custody of their children, determine if it is truly a joint custody situation in which both households have the children for the same amount of time.  If it is not a true joint custody situation, the household where the child receives the majority of his/her meals is the household allowed to receive benefits for the child.

 If it is a true joint custody situation and both parents are applying for the children, the household where the child resides on the 1st of the month is the household allowed to receive benefits for the children. This may mean changing the children from one household to another household throughout the certification period.

 If it is a true joint custody situation but only one household is applying for the children, that household is allowed benefits for the children.

If a household reports a new member in their household and that member is already receiving benefits in another household, the following steps should be followed:  If both households reported the change, remove the member from the current household following 10 day adverse action or adequate notice requirements.  If only the new household reports the change, remove the member from the current Example: Joe and Sally have joint custody of Henry. Henry stays with Sally on the weekdays and Dad on the weekends. The majority of his meals are eaten with Sally on the weekdays. Sally is eligible to receive benefits for Henry. Even though Joe and Sally state they have joint custody, Henry is with Sally the majority of the time and eats most of his meals with her. Example: Matt and Ali are divorced, and both are applying for SNAP assistance with their daughter Autumn. They both state they have joint custody of Autumn. Autumn lives with Matt on Monday – Wednesday and every other Sunday. Autumn lives with Ali Thursday – Saturday and every other Sunday. The Benefits Specialists would need to determine what day the 1st of the month is each month. Autumn would be allowed in Matt’s case if the first of the month fell on Mon –Wed or the Sunday he has custody. Conversely, Autumn would be allowed in Ali’s case if the first of the month fell on Thurs – Sat or the Sunday that Ali has custody. The benefits specialists would have to flag the case to add Autumn to the appropriate case depending on the when the first of the month falls. Example: Sheri and Alan have joint custody of Brittney. Sheri applied for SNAP for her and Brittney. Alan is not applying for SNAP. Sheri is eligible to apply for SNAP herself and Brittney.