Current through Register Vol. 42, No. 5, February 29, 2024
The policies requiring implementation upon enactment of
Public
Law 104-193 are as follows:
(1) CERTIFICATION PROVISIONS
(a) The full amount of income and resources
of an alien's sponsor and the sponsor's spouse are counted until the alien
becomes a citizen or has worked 40 qualifying quarters of Social Security
coverage. Beginning January 1, 1997, a quarter in which the alien received
certain Federal means-tested assistance is not counted as a qualifying
quarter.
(b) Deletes a current
exemption so that children under 22 years old who live with their parents and
their own children or spouses must be included in the same household with their
parents.
(c) The income exclusion
for earnings of elementary and high school students is limited to students 17
years of age or younger.
(d) The
energy assistance exclusion is limited to (1) Federal energy assistance, except
that provided under Title IV-A of the Social Security Act (welfare block
grant), and (2) Federal or State one-time assistance for weatherization or
emergency repair or replacement of heating or cooling devices.
(e) Low-Income Home Energy Assistance Act
(LIHEAA) requires that all expenses met with LIHEAA payments shall be regarded
as out of pocket expenses qualifying for the SUA.
(f) State or local general assistance for
energy assistance which (under State law) cannot be provided in cash directly
to the household shall be excluded from income.
(g) An expense paid on behalf of a household
under State law to provide energy assistance is considered as out of pocket
expense incurred and paid by the household.
(h) Food assistance benefits shall be
prorated after any break in certification of at least one day, except for
migrant and seasonal farm worker households.
(i) Expedited service applications shall be
processed within 7 calendar days.
(j) an individual convicted (under Federal or
State Law) for any offense that is classified as a felony by the law of the
jurisdiction involved and which has as an element the possession, use or
distribution of a controlled substance on or after August 22, 1996, shall not
be eligible to receive food assistance benefits unless they have completed
their sentence or are satisfactorily serving a sentence of a period of
probation including completion of a mandatory participation in a drug treatment
program. The individuals who remain disqualified shall have their income and
resources attributed to the household.
(2) PROGRAM VIOLATION PENALTIES:
(a) An increase in food assistance benefits
is prohibited when a household's income is reduced because of a penalty imposed
under a Federal, State, or local means-tested public assistance program for
failure to perform a required action.
(b) The disqualification penalty for the
first intentional food assistance program violation is increased to one
year.
(c) The disqualification
penalty for a second intentional food assistance program violation and the
first involving a controlled substance is two years.
(d) An individual shall be ineligible to
participate in the food assistance program for 10 years if she/he is found to
have made a fraudulent statement or representation regarding identity and
residence to receive multiple benefits simultaneously.
(e) Fleeing felons and probation/parole
violators are ineligible to participate in the food assistance
program.
(f) An individual
convicted by a Federal, State, or local court shall be permanently disqualified
if she/he is convicted of trafficking food assistance benefits of $500 or
more.
(3) WORK
REQUIREMENTS:
(a) Individuals between the
ages of 18 and 60 who are physically and mentally fit shall be ineligible if
they (1) refuse without good cause to provide sufficient information to allow a
determination of their employment status or job availability; (2) voluntarily
and without good cause quit a job or (3) voluntarily and without good cause
reduce their work effort (and, after their reduction, are working less than 30
hours a week)
Option:
Mandatory minimum disqualification periods have been
established for individuals who fail to comply with work or workfare
requirements
* First violation-the later of the date they comply or one
month.
* Second violation- the later of the date they comply with work
rules or 3 months.
* Third violation-The later of the date they comply with work
rules or 6 months.
(b)
Unless exempt, able bodied individuals without dependents are ineligible to
continue to receive food assistance for more than three (3) months (consecutive
or otherwise) out of 36 months during which the household member did not either
(a) work at least 20 hours per week (averaged monthly); or (b) for 20 hours or
more per week participate in and comply with a Job Training and Partnership Act
program, Trade Adjustment Assistance Act program (other than a job search or
job search training program); or participate in and comply with a workfare
program under Section 20 of the Food Assistance Act or a comparable State or
local program.
Provisions of the Balanced Budget Act of 1997 allow state
agencies to exempt from the three-month/36-month time limit up to 15 percent of
the state's caseload subject to the Abie-Bodied Adults without Dependents
(ABAWDS) provisions.
The first month during which an individual receives benefits
while not exempt, working at least 20 hours or participating in an allowable
work or training program for 20 hours shall be considered the first month of
the 36-month period.
An individual is exempt from this requirement if the individual
is:
(1) under 18 or over 50 years of
age,
(2) medically certified as
physically or mentally unfit for employment,
(3) a parent or other member of a household
with the responsibility for a dependent child under age 18 or a caregiver for a
physically or mentally disabled adult,
(4) pregnant, or
(5) otherwise exempt from work requirements
under subsection (d)(2) of the Food Stamp Act. Individuals denied eligibility
under the new work rule can regain eligibility if during a consecutive 30-day
period the individual: works 80 hours or more; participates in and complies
with a Job Training and Partnership Act program, Trade Adjustment Assistance
Act program (other than a job search or job search training program) for 80
hours or more; or participates in and complies with a workfare program (under
Section 20 of the Food Stamp Act or a comparable State or local program) for 80
hours or more. If individuals subsequently lose this employment or cease
participation in work or workfare programs, participation can continue for up
to 3 consecutive months (beginning the month following the month the county is
notified that work or work participation has ended). Once this additional
period of eligibility is over, the only way to resume eligibility during the
36-month period is to comply with the 20 hours per week work requirement or
become exempt from the provisions as stated above.
Once the 36-month period has passed, the household member or
household may again be determined eligible under routine procedures. If the
member or household remains subject to this provision, a new 36-month period is
determined.
(4) ALIEN ELIGIBILITY. The following persons
are eligible to participate in the Food Assistance Program if they reside in
the United states and meet all other conditions of eligibility:
(a) A citizen of the United States by birth
or naturalization. The U.S. is defined in the geographical sense as the
continental United States, Alaska, Hawaii, Puerto Rico, Guam and the U.S.
Virgin Islands. Nationals from American Samoa or Swain's Island living in a
food assistance project are considered United States citizens for food
assistance purposes.
(b) A
qualified alien who meets one of the following food assistance eligibility
criteria related to aliens. Please note that some categories of eligible aliens
have a 7-year time frame for food stamp eligibility.
1. An alien legally admitted for permanent
residence is eligible if she/he:
* has worked 40 qualifying quarters of coverage under Title II
of the Social Security Act or can be credited with such qualifying quarters. A
qualifying quarter includes one worked by a parent of an alien while the alien
was under 18 (including qualifying quarters worked before the alien child was
born) and a quarter worked by a spouse during their marriage if the alien
remains married to the spouse or the spouse is deceased. Any quarter beginning
on or after January 1, 1997, will not be considered a qualifying quarter if the
alien received any federal means-tested public benefits during that quarter
such as Food Assistance, Medicaid, SSI and TANF.
within the last 7 years either entered the U.S. as a refugee,
was granted status as an asylee, had deportation withheld, entered as a Cuban
Haitian entrant; entered as an Amerasian immigrant (with appropriate
immigration codes. Or
is a veteran honorably discharged for reasons other alienage or
on active duty in the U.S. armed forces (other than active duty for training)
or is the spouse or unmarried dependent child of a veteran or person on active
duty.
2. Refugees admitted
under section 207 of the immigration and Nationality Act (INA) if she/he:
was granted status as a refugee within the last 7 years;
or
is a veteran honorable discharged for reasons other than
alienage or on active duty in the U.S. armed forces (other than active duty for
training) or is the spouse or unmarried dependent child of a veteran or person
on active duty.
3. An alien
granted asylum under Section 208 of the Immigration and Nationality Act is
eligible if she/he:
was granted status as a refugee within the last 7 years;
or
is a veteran honorable discharged for reasons other than
alienage or on active duty in the U.S. armed forces (other than active duty for
training) or is the spouse or unmarried dependent child of a veteran or person
on active duty.
4. An alien
for whom deportation is withheld under Section 243(h) or Section 241(b)(3) of
the Immigration and Nationality Act is eligible if she/he:
was granted status as a refugee within the last 7 years;
or
is a veteran honorable discharged for reasons other than
alienage or on active duty in the U.S. armed forces (other than active duty for
training) or is the spouse or unmarried dependent child of a veteran or person
on active duty.
5. An alien
who is granted conditional entry under Section 203(a)(7) of the Immigration and
Nationality Act is eligible if she/he is a veteran honorably discharged for
reasons other than alienage or on active duty in the U.S. armed forces (other
than active duty for training) or is the spouse or unmarried dependent child of
a veteran or person on active duty.
6. An alien who is paroled under Section
212(d)(5) of the Immigration and Nationality Act for at least 1 year is
eligible if she/he is a veteran honorably discharged for reasons other than
alienage or on active duty in the U.S. armed forces (other than active duty for
training) or is the spouse or unmarried child of a veteran or person on active
duty.
7. An alien who is a Cuban or
Haitian entrant, as defined in Section 501(e) of the Refugee Education
Assistance Act is eligible is she/he was granted this status within the last 7
years.
8. An alien who is an
Amerasian immigrant is eligible if she/he was granted this status within the
last 7 years and has documentation establishing eligibility (an 1-94 with the
codes AMI, AM2, or AM3; an 1-551 with the codes AM6, AM7, or AM8; or a
Vietnamese Exit Visa, Vietnamese passport or U.S. passport if stamped by INS
with the codes AMI, A,2, OR AM3.)
9. An alien who is a battered spouse or child
(or the alien child of the battered parent) is eligible if she/he is a veteran
honorably discharged for reasons other than alienage or on active duty in the
U.S. armed forces (other than active duty for training) or is the spouse or
unmarried dependent child of a veteran or person on active duty and it has been
determined that there is a substantial connection between the battery and the
need for benefits. A substantial connection between the battery and the need
for benefits may be established if it is necessary for the individual to set up
a new living arrangement, the individual has never worked or is now unemployed,
the battery is such that the individual is unable to work due to physical
injury, heightened visibility in the community poses a continued threat, or
other circumstances as evaluated/determined by the worker. Any reasonable
evidence of battery offered by the individual should be sufficient, including
police reports, information from medical or school personnel, social service
records or photographs. In addition, the battered individual must establish
that she/he no longer lives in the same household with the batterer.
(i) The following clarifications related to
the term veteran are applicable to the above:
A veteran eligible for food assistance must have met the
minimum active duty service requirements, 24 months or the period for which the
person was called to active duty.
The surviving spouse of a deceased veteran or individual on
active duty is eligible, provided the spouse has not remarried and the marriage
lasted for at least one year or for any period if a child was born of the
marriage or was born before the marriage.
The definition of veteran includes military personnel who die
during active duty service, and Filipinos who served in the Philippine
Commonwealth Army during WWII or as Philippines scouts following the
war.
Aliens receiving payments for blindness or disability as
defined in 7 C.F.R. 27 /.2.
Aliens who were lawfully residing in the United States on
August 22, 1996, and were 65 years of age or older at that time.
Children who were lawfully residing in the United States on
August 22, 1996, who are currently under the age of 18.
The following aliens are eligible for an indefinite period of
time, even if they are not qualified aliens. They are:
American Indians born in Canada or Mexico, provided they are
members of specific tribes for whom eligibility was extended.
An individual who is lawfully residing in the United States and
was a member of the Hmong or Highland Laotian tribe at the time the tribe
rendered assistance to the United States personnel in military or rescue
operations during the Vietnam era beginning August 5, 1964, and ending May 7,
1975. The spouse or unremarried surviving spouse and unmarried dependent
children of such individuals may also be eligible.
5. ALLOTMENT, AND
SHELTER LIMIT
(a) Annual adjustments
effective 10/1/96 to the maximum allotments are based on 100% of the Thrifty
food Plan. Allotments cannot fall below the FY 1996 level. See Appendix A for
current food assistance eligibility income tests.
(b) The current excess shelter cap for
non-elderly, non-disabled households in the 48 contiguous States is
$535.
Author: Amy Plunkett
Statutory Authority: Food Stamp Act of 1977,
U.S.C. 2011 et seq;
Public
Law 104-193 (Personal Responsibility and Work
Opportunity Reconciliation Act of 1996); Code of Ala.
1975, §
38-2-6(17);
Waivers #970043, #970225.
