TANF, SNAP and Children on TP 56

Resources of an alien's sponsor and spouse (if the spouse also signed an affidavit of support) must be evaluated. The sponsor's countable resources must be determined when determining the applicant's resources. The total value of these resources must be reduced by $1,500. See the Glossary for the definition of an alien sponsor.

The remainder must be added to the alien's countable resources. If someone sponsors more than one alien, the amount of countable resources is prorated evenly among all the aliens who apply for or get benefits.

This policy does not apply to sponsored aliens who:

are under age 18;

are ineligible for benefits (examples include those who are disqualified from getting benefits or those considered non-members, such as students who do not meet SNAP student eligibility criteria);

have become naturalized U.S. citizens;

have worked or can receive credit for 40 quarters of work;

have a deceased sponsor;

have a sponsor who is a member of the alien’s household or Modified Adjusted Gross Income (MAGI) household composition;

are refugees, parolees, asylum grantees, Amerasians, victims of severe trafficking or Cuban or Haitian entrants;

are battered alien spouses of U.S. citizens or of legal permanent residents, children of battered aliens, or parents of battered children, if HHSC determines the battery is substantially related to the need for benefits; and the battered person does not live with the batterer; or

are indigent. Notes: The criterion for indigent aliens applies only if the alien does not meet one of the other exceptions noted in this list. Only the amount the sponsor will give the alien for a 12-month period starting the date HHSC makes the indigence determination should be deemed. Each determination is renewable for additional 12-month periods. Each time a determination of indigence is made, a memo must be sent with the name, address, Social Security number and date of birth, of both the indigent alien and the indigent alien’s sponsor, to Texas Works Policy Section, 909 W. 45th St., Bldg. 2, Mail Code 2115, Austin , TX 78751. Before sending the memo, explain to the sponsored alien that regulations require the state to report the sponsor to the United States Citizenship and Immigration Services (USCIS) for failure to give support as required on the sponsor affidavit. The alien may choose to have the sponsor's resources deemed if the alien does not want the state office to send this report. The sponsor's resources must not be deemed for 12 months for battered aliens, starting the month the alien is certified for any benefit. A new 12-month period must not be assigned if the alien reapplies after denial of benefits. After the first 12 months, the sponsor's resources continue to be exempt from deeming if: a court or the U.S. Citizenship and Immigration Services recognize the battery; HHSC determines the battery has a substantial connection to the need for benefits; and the alien does not live with the batterer. The following list of circumstances may be used as a guide in making the substantial connection between the battery and the need for benefits. Staff may determine whether the battered alien needs the benefits: to become self-sufficient after leaving the abuser; to escape the abuser, the community where the abuser lives, or both; to ensure the battered alien’s safety; to replace financial support lost as a result of the separation from the abuser; because of the loss of a job or reduced earnings resulting from the battery or cruelty; because the battered alien needs medical attention or mental health counseling or now has a disability due to the battery; because the battered alien lost the home, and the separation from the abuser jeopardizes the battered alien's ability to care for the children; to reduce nutritional risks; to get medical care for a pregnancy resulting from sexual assault or abuse; or to replace medical coverage or health care services.