Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.98-033 - FSC 98-23: Food Stamp Certification Manual - Changes to FSC 1621.1-1621.5.3 (Citizenship); FSC 1622.20 (Disqualification for Drug Related Penalties); FSC 6610-6627 (Homeless Shelter Standard); FSC 9501 (scheduling Recertification Interviews for Expedited Applicants)
Current through Register Vol. 49, No. 9, September, 2024
SUMMARY OF CHANGES
FSC 1621.1 - Three new categories of eligible aliens have been added as items 4, 5 and 6.
FSC 1621.2 - Three items have been added to explain the documentation needed by aliens in the new categories of eligible aliens.
Special Instructions - The new categories of eligible aliens are effective 11/1/98. These provisions will be applied to any application approved on or after 11/1/98. These provisions will be applied to participating households at the household's request, at the next quarterly report or at the next recertitlcation, whichever comes first. Restored benefits will be provided back to November 1, 1998, for any alien affected by these provisions. See FSC 13300 - 13360 for instructions on restoring benefits.
Both the Division of County Operations (DCO) and the Department of Agriculture, Food and Nutrition Service (FNS) will be sending notices to aliens that may be affected by this change in policy. DCO will be sending notices to all participating food stamp households with a member classified as an ineligible alien. Pages containing the text of these notices are attached to this transmittal.
A copy of each notice may be provided by the DCO County Office to any household that may be affected by the policy. Local agencies and/or any individual who works closely with the alien population may also be provided with a copy of each notice.
FSC 1621.5.3 - The address of the new INS office in Fort Smith has been added to the policy. Also, a listing of the counties served by each of the INS offices has been included in the policy.
FSC 1622.20 - This is a new section. It contains the policy governing disqualification for drug related felonies.
FSC 1623 - This section have been revised to clarify that disqualification by member applies to fleeing felons and individuals convicted of drug related felonies.
FSC 1623.2 - This section have been revised to clarify that disqualification by member applies to fleeing felons and individuals convicted of drug related felonies.
FSC 6610 - Item 7, the shelter estimate for homeless households has been deleted as an allowable shelter cost. Homeless households may continue to claim actual shelter costs. Any homeless household entitled to use the utility standard will be allowed to use this standard.
FSC 6627 - Since households are now allowed to switch between actual utility costs and the utility standard at recertification, the next to last paragraph, which contained information about the 12 month calendar period, has been removed from this section. The last paragraph, which was repetitious was also been removed.
FSC 9500 - The instructions for handling recertifications of expedited households with postponed verification have been removed from this section.
FSC 9501 - This is a new section. It contains instructions for handling applications for recertification submitted by households certified under the expedited provisions with verification postponed. Under the new instructions, all expedited households that submit an application for recertification must be interviewed.
FSC 9510 - The requirement that a household be given an ID card has been removed. The requirement that households subject to QR be given a QR pamphlet has been added.
INQUIRIES TO:Betty Helmbeck, Food Stamp Section, (501) 682-8284
NOTICE
FOOD STAMP CHANGES IMMIGRANT ELIGIBILITY
Effective November 1, 1998, there will be changes in the Food Stamp Program rules that say which immigrants may receive food stamp benefits. These new rules will have no effect on immigrants who are currently receiving food stamp benefits. Instead, the following classes of noncitizens are being added to the list of immigrants who are allowed to receive food stamp benefits:
[GREATER THAN] Any alien who was lawfully present in the United States on August 22, 1996 and:
Is currently under 18 years of age; or
Was age 65 or older on August 22, 1996; or
Is currently receiving certain benefits or assistance due to blindness or disability.
[GREATER THAN] Any American Indian born in Canada who is entitled under the law to cross the United States border into Canada. Any Native American who is entitled under the law to cross the United States border into Mexico. These Indian tribes include, among others, the St. Regis band of the Mohawk in New York State, the Micmac in Maine, the Abanaki in Vermont, and the Kickapoo in Texas.
[GREATER THAN] Any individual lawfully residing in the United States who was a member of a Hmong or Highland Loatian tribe at the time the tribe assisted United States personnel by taking part in a military or rescue operation during the Vietnam era. This era began August 5, 1964, and ended May 7, 1975. This also includes the spouse and/or dependent children of such an individual.
To see if you or someone in your household is one of the people affected by the change in the law, contact the DHS County Office.
September 15,1998
This notice is to inform you that immigrants who receive SSI payments may now be eligible for food stamps. Immigrants who do not receive SSI may also receive food stamps, but this notice does not review those rules.
Can non-citizens whose food stamps were cut off after August 1996 get them again?
Yes. You may be able to get food stamps. People who were cut off stamps after August 1996 because they were not U.S. citizens may now be able to get them. People who were legally in the U.S. in August 1996 but not getting food stamps may now be eligible.
What happened to change things?
A new law made many persons who are citizens, but who were legally in the United States on August 22,1996, and who are receiving Supplemental Security Income (SSI) payments, eligible for food stamps beginning November 1,1998, if their household meets the other food stamp eligibility requirements.
What if I didn't get food stamps before August 22,1996?
You can be eligible for food stamps even if you did not get them in the past.
What if I didn't arrive in the U.S. until after August 22,1996?
Many immigrants who arrived after August 22,1996, are not eligible for food stamps. However, some people (such as refugees, asylees, or Cuban/Haitian entrants) may be eligible.
What are some of the other special requirements for non-citizens to get food stamps? Does it make a difference whether I'm getting SSI because I'm elderly and poor, or because I'm blind or disabled?
If you are getting SSI and dare not a citizen, you can get food stamps if you were legally living in the United States on August 22, 1996, and at least 65 years old then, or either under age 18 now, or receiving disability payments.
How can 1 find out whether I'm eligible to get food stamps now?
To see if you are one of the people who were affected by this change in the law, contact your local food stamp office.
Where can I find the food stamp office?
in the telephone book, you should find the local food stamp office listed under "Food Stamps," "Human Resources," or "Social Services" in the state or local government pages.
When can I apply for food stamps?
If you think you will be eligible beginning November 1,1998, you can apply for food stamps as early as October.
Can I apply for food stamps at the SSI office?
If everyone in your household is receiving or applying for SSI, you may apply for food stamps at the social security office.
CAMBIOS EN EL PROGRAMA DE CUPONES PARA
ALIMENTOS PARA LOS EXTRANJEROS,
1DENOVIEMBREDE1998
La razon para esta noticia es que los immigrantes quiencs reciben Ingresos Sociales Suplementarios (Supplemental Security Income, SSI) ahora tambien podrian recibir los cupones para alimentos. Immigrantes quienes no estan recibiendo SSI posiblementc puedan recibir los cupones, pero esta noticia no tieneque ver cone sas reglas.
Es posible que un extranjero cuyos cupones para alimentos fueron eliminados despues do agosto de 1996 sen elegible nuevumente?
SI. Usted podria ser elegible para parrticipar en el programa de cupones para alimentos nuevamente. Las personas a quienes se le suspendieron los cupones para alimentos en agosto de 1996 porque no eran ciudadanos estadounidenses ahora podrian participar en el programs. Personas legalmente on los Estados Unidos a partir de agosto de 1996 pero que no participaban en el programa de cupones tambien podrifan ser elegibles.
Como sucesio este cambio?
Una nueva leypermitee que las personas que no eran ciudadanos, pero que estaban legalmente en los Estados Unidos el 22 de agosto de 1996, y que estan recibiendo el Ingreso Social Suplementario (SSI), sean elegibles para recibir los cupones para alimentos a partir del 1 de noviembre de 1998 si su hogar reune los otros requisites de elegibilidad del programa.
'Que' pasa si yo no estuve recibiendo los cupones antes del 22 de agosto do 1996?
Usted podria ser elegible para participar en el programa de cupones para alimentos aun que no los recibia entonces.
'Que' pasa si no liegue a los Estados Unidos hasta despues del 22 de agosto de 1996?
Muchos immigrantes quiencs llegaron despues de esa fecha no podran recibir loc cupones. Sin embargo, algunas personas (tales como refugidos, asilados, o Cubanos/Haitianos) poddrian ser elegibles.
Cuales son algunos de los otros requisitos para que los extranjeros puedan solicitar cupones para alimentos? ?Existe alguna diferencia entre las razones para recibir el SSI: anciano y pobre, ciego o incapacitado?
Si usted recibe el SSI no es ciudadano, puede recibir cupones para alimentos si usted estaba viviendo legalmente en los Estados Unidos el 22 de agosto de 1996, y al menos tenfa 65 afios de edad para entonces, o tiene memos de e18 afios ahora, o recibe compensacion por incapacidad.
Como puedo saber si ahora soy elegible para recibir los cupones para alimentos?
Para saber si usted es una de las personas que se benefician con este cambio de ley, llame a su oficina local de cupones para alimentos.
Donde puedo cncontrar la ofiicina de cupones para alimentos?
En el directorio teletonico, la oficina de cupones para alimentos se encuentra bajo "Food Stamps'1, "Human Resources", o Social Services" en las paginas que corresponden al gobierno estatal o local.
iCuando puedo solicitar los cupones para alimentos?
Si piensa que usted sera elegible a partit del 1 de noviembre de 1998, usted puede solicitar cupones para alimentos tan temprano como el mes do octubre.
d,Puedo solicitar cupones para alimentos en la oficina de SSI?
Si todos en su hogar estan rceibiendo o solicitando el SSI, usted puede solicitar los cupones para alimentos en la oficina de seguro social.
CITIZENSHIP REQUIREMENT
1621 Citizenship
An individual may become a citizen of the United States (U.S. citizen) by birth or by naturalization. Citizens by birth are individuals born in the U.S. or born outside the U.S. to a U.S. citizen parent or to parents who meet certain residency requirements. Citizens of American Samoa or Swain's Island are U.S. nationals and are treated as U.S. citizens. A non-citizen must have completed all of the requirements for citizenship (including the swearing in) and have verification of citizen status before participating in the Food Stamp Program as a citizen.
1621.1 The Food Stamp Program Citizenship Requirement
Participation in the Food Stamp Program is limited to U.S. citizens and certain noncitizens. This section describes the noncitizens who may participate in the Food Stamp Program if otherwise eligible:
For up to seven years from the date of admission under one of the specified criteria, anv alien who:
. Was granted asylum under section 208 of the INA; or
. Was granted status as a refugee under Section 207 of the INA; or
. Had deportation withheld under section 243(h) or, after April 1,
1997, section 241(b)(3) of the INA; or . Was admitted as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act of 1988; or . Is a Cuban or Haitian entrant under 501(e) of the Refugee
Assistance Act of 1988.
See FSC 1621.2.1 for additional information about determining the seven year period of participation.
For an unlimited period:
. Can be credited with 40 quarters of qualified work (their own,
a spouse's or a parent's); or . Is a veteran of or is on active duty in the U.S. armed forces;
or . Is the spouse or dependent child of an individual who is a veteran of or who is enrolled in the U.S. armed forces.
See FSC 1621.3 - 1621.3.1 for additional information about 40 quarters of qualified work.
See FSC 1621.4 - 1621.4.3. for additional information about aliens with a military connection.
. Was granted asylum under Section 208 of the INA; or
. Was granted status as a refugee under Section 207 of the INA;
or . Had deportation withheld under Section 243 (h) or, after
April 1, 1997, Section 241(b)(3) of the INA; or . Is a Cuban or Haitian entrant under Section 501(e) of the
Refugee Assistance Act of 1988; or . Is a conditional entrant under Section 203(a)(7) of the INA;
or . Has been a parolee for at least one year under Section
212(d)(5) of the INA.
See FSC 1621.4 - 1621.4.3 for additional information about aliens with a military connection.
See 1621.4.2 for additional information about battered aliens.
. Is currently under 18 years of age; or
. Was age 65 or older on August 22, 1996; or
. Is currently receiving one of the payments for blindness or disability listed in the Glossary. definition of
"Aged/Disabled Household."
Ineligible aliens include all other aliens such as, but not limited to: . Visitors and tourists; . Students; . Diplomats;
. Aliens admitted under color of law;
. Aliens who have applied for eligible status but have not yet been approved (except for battered spouses and/or children with a military connection); and . Aliens whose status is questionable or unverified.
1621.2 Documentation of Alien Status
Documentation of alien status must be provided by the noncitizen. Normally, one of the following forms may. be presented to establish that an alien is lawfully present in the United States.
ALIEN LAWFULLY ADMITTED FOR PERMANENT STATUS
* INS Form 1-551, Alien Registration Receipt Card (green card)
* Unexpired Temporary 1-551 stamp in foreign passport or on INS Form 1-94, Arrival/Departure Record
ASYLEE
* INS Form 1-94, Arrival/Departure Record, annotated with stamp showing grant of asylum under Section 208 of the Immigration and Nationality Act (INA)
* INS Form I-688B, Employment Authorization Card, annotated with stamp showing admission under Section 207 of the INA
REFUGEE
* INS Form 1-94, Arrival/Departure Record, annotated with stamp showing admission under Section 207 of the INA
ALIEN PAROLED INTO THE U.S. FOR AT LEAST ONE YEAR
* INS Form 1-94, Arrival/Departure Record, with stamp showing admission for at least one year under Section 212(d)(5) of the INA
ALIEN WHOSE DEPORTATION OR REMOVAL WAS WITHHELD
* Order from an immigration judge showing deportation withheld under Section 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Section 241(b)(3) of the INA after April 1, 1997
ALIEN GRANTED CONDITIONAL ENTRY
* INS Form 1-94, Arrival/Departure Record, with stamp showing admission under Section 203(a)(7) of the INA
CUBAN/HAITIAN ENTRANT
* INS Form 1-551, Alien Registration Receipt Card (green card) with the code CU6, CU7 or CH6
* Unexpired temporary 1-551 stamp in foreign passport or on INS Form 1-94, Arrival/Departure Record, with stamp showing code CU6 or CU7
* INS Form 1-94, Arrival /Departure Record, with stamp showing parole as Cuban/Haitian Entrant under Section 212(d)(5) of the INA
AMERASIAN IMMIGRANT
* INS Form 1-551, Alien Registration Receipt Card (green card), with the code AM5, AM7, or AM8
* Unexpired temporary 1-551 stamp in foreign passport or on INS Form 1-94, Arrival/Departure Record, with the code AMI, AM7, or AM3
BATTERED ALIEN
* Evidence of having petitioned INS for permanent resident status and reasonable proof of battery. Reasonable proof of battery includes, but is not limited to, police reports, information from medical or school personnel, and/or photographs. A collateral statement may be accepted to verify that battered individual no longer lives with the batterer.
Note: Aliens who are otherwise ineligible for food stamp benefits are not made eligible for food stamp benefits because they receive SSI. The citizenship requirements supersede the categorical eligibility requirements of FSC 1920.
* ALIEN LAWFULLY PRESENT ON AUGUST 22. 1996
Proof of lawful presence on August 22, 1996, and proof of age or proof of receipt of one of the disability payments listed in the Glossary definition of "Age/Disabled Household."
* AMERICAN INDIAN BORN IN CANADA
Proof of membership in an Indian tribe covered under theprovisions of section 289 of the INA or as defined under section 4(e) of the Indian Self-Determination and Education Assistance Act.
* HMQNG OR HIGHLAND TRIBE MEMBER
Proof of lawful presence and proof of membership (for self, spouse, or parent) in a tribe that rendered assistance to U.S. personnel in a military or rescue operation on or after August 5, 1964, but no later than May 7, 1975.
Documentation presented by the alien must be authenticated through the SAVE system. Also, the SAVE system may be used if the documentation presented by the alien is not listed above. See FSC 1621.5 - 1621.5.4 for additional information.
The DHS County Office must immediately inform Immigration and Naturalization Services (INS) whenever the Family Support Specialist determines that any member of a household is an illegal alien. An illegal alien is present in the United States in violation of the Immigration and Nationality Act (INA).
When a household indicates inability or unwillingness to provide documentation of alien status for any household member, that member should be classified as an ineligible alien. In such cases, the worker will not continue efforts to obtain documentation of alien status. Ineligible aliens are not reported to the INA: however, illegal aliens will be reported.
To report illegal aliens send a letter to:
Border Patrol
700 West Riverside Drive
North Little Rock, AR 72114
Include the alien's name, address, social security number, and telephone number.
The worker must allow alien applicants a reasonable opportunity to provide acceptable documentation of their qualified alien status prior to the 30th day following the date of application. A reasonable opportunity means the household has at least 10 days from the date of request to provide an acceptable document. An alien who has been given a reasonable opportunity to submit acceptable documentation and has not done so by the 30th day following the date of application, will not be certified for benefits until acceptable documentation has been submitted. See FSC 9444 if an alien submits an expedited application.
If documentation of alien status is received after certification, the alien will be added to the household within ten days of the date documentation is received. If all household members are awaiting documentation of qualified alien status, the application will be denied at the end of the normal processing period as specified in FSC 8500. The application may be reinstated if the conditions in FSC 8506 are met.
1621.2.1 Determining Five Year Period of Participation
Certain aliens may participate in the Food Stamp Program for no longer than five years after the alien gains status under one of the specified criteria. See FSC 1621.1.
Refugees admitted under Section 207 of the Immigration and Nationality Act are given refugee status before the person enters the country. Therefore, for refugees, the five year count begins the date the refugee enters the U.S. The five year limit for refugees does not change once it has been established. This applies even if the refugee's immigration status is later changed to another legal immigration status.
For other aliens such as, but not limited to, asylees, the five year count begins the date the alien was granted the particular status.
Example - A non-citizen entered the country in September 1991, as a student. In December 1992, his status was changed to asylee admitted under Section 208 of the INA. If otherwise eligible, he can participate in the Food Stamp Program through the month of November 1997, without meeting additional criteria.
Once a five year period has been established, subsequent changes in the alien's citizenship status will have no impact on his or her - eligibility to participate in the Food Stamp Program.
Additional alien registration numbers may be input to the ASVI by pressing the number 2 on the telephone keypad and then entering the alien registration number as instructed above. The telephone connection may be disconnected by pressing the number 3 on the telephone keypad.
NOTE: It is important to enter the ASVI authorization code and alien registration number immediately after connection occurs. ASVI will automatically disconnect if there is a long period of inactivity; then the authorization code will not be accepted for several minutes.
1621.5.2 Information Provided bv the ASVI
If the alien registration number is found on SAVE, the ASVI will provide the following information:
* The verification number which has been assigned by INS to track the call. THE VERIFICATION NUMBER MUST BE RECORDED IN THE CASE RECORD.
* The alien's first name and last name, spelled out.
* The alien's birthdate.
* The alien's status code.
* The employment eligibility message.
* The alien's country of birth.
* The alien's SSN, if known, or the alternate ID number.
* The alien's date of entry into the U.S.
The data provided by the ASVI must be compared to the documentation provided by the alien. If the data provided by ASVI is consistent with the documentation provided by the alien, this fact will be documented in the case record. The member will then be designated as an eligible or ineligible alien according to the procedures in FSC 1621.1.
If the alien registration number is not found on SAVE, the ASVI will provide the verification number and the message "Institute Secondary Verification."
1621.5.3 Secondary Verification Procedures
Secondary verification procedures will be used when the alien registration number is not found on SAVE. Secondary verification procedures will also be used when:
* Any of the items presented as documentation appear to be counterfeit or altered; or
* An alien presents unfamiliar INS documentation or a document that indicates immigration status but does not contain an alien registration number; or
* The document contains an alien registration number in the A80 000 000 series, a range of numbers normally used for illegal border crossings; or
* The document presented is a Fee Receipt (1-689) or Employment Authorization Card (I-688A) or any other form of INS receipt; or
* The document presented is a Memorandum of Creation of Record for Lawful Permanent Residence (1-181) or an Arrival-Departure Record Form (1-94) in a foreign passport that bears the endorsement "Processed for I-55a, Temporary Evidence of Lawful Permanent Residence" and the 1-818 or 1-94 is over one year old.
To institute secondary verification, the DCO county office worker must complete INS form G-845. The form will be submitted along with an INS Consent of Disclosure Statement (with the original signature of the alien, or for minors, the signature of the alien's parent) and copies of the documentation of INS status provided by the alien to the appropriate INS Office.
* The INS Office in Fort Smith, Arkansas, will serve the following counties:
|
Ashley |
Crawford |
Logan |
Polk |
|
Baxter |
Franklin |
Madison |
Scott |
|
Boone |
Hempstead |
Miller |
Sebastian |
|
Bradley |
Hot Spring |
Montgomery |
Sevier |
|
Calhoun |
Howard |
Nevada |
Union |
|
Carroll |
Johnson |
Newton |
Washington |
|
Clark |
Lafayette |
Ouachita |
|
|
Columbia |
Little River |
Pike |
The address and phone number for the Fort Smith Office is:
Immigration & Naturalization Service
4991 Old Greenwood Road
Fort Smith, AR 72903
Telephone: (501) 646-4701
FAX: (501) 646-4727
The INS Office in Memphis, Tennessee, will serve the following counties:
|
Arkansas |
Drew |
Lincoln |
Randolph |
|
Chicot |
Faulkner |
Lonoke |
Saline |
|
Clay |
Fulton |
Mississippi |
Sharp |
|
Cleburne |
Grant |
Monroe |
St. Francis |
|
Cleveland |
Greene |
Perry |
Stone |
|
Conway |
Independence |
Phillips |
Van Buren |
|
Craighead |
Izard |
Phillips |
White |
|
Crittenden |
Jackson |
Poinsett |
Woodruff |
|
Cross |
Jefferson |
Pope |
Yell |
|
Dallas |
Lawrence |
Prairie |
|
|
Desha |
Lee |
Pulaski |
The address and phone number for the Memphis Office is:
Immigration & Naturalization Service
ATTN: Status Verifier/SAVE 1341 Sycamore View Road, Suite 100 Memphis, TN 38134 Telephone: (901) 544-0264 FAX: (901) 544-0572
INS will generally respond to the request for secondary verification within 10 days.
1621.5.4 Action on Responses from SAVE
If the response from ASVI or INS form G-845 indicates the individual is eligible, the DCO county worker will document this information in the case record. No additional information is required.
If the response from ASVI or INS form G-845 indicates the individual is ineligible, the worker will take the appropriate action to remove the individual from the case unless all household members are ineligible aliens. If all household members are ineligible aliens, the case will be closed. FSC 1621.6 contains instructions for handling the income and resources of ineligible aliens.
An advance notice of adverse action will be provided before the required action is taken. The notice will advise the household of the action to be taken and why this action is being taken.
1621.6 Handling the Resources and Income of Ineligible Aliens
The resources of ineligible aliens will be counted in their entirety when the household's eligibility is determined. A pro rata share of the alien's income will be counted in the food stamp budget.
The following actions will be taken to calculate the pro rata share of income:
INELIGIBLE STUDENTS
An ineligible student's income will be handled as explained below.
Consider income deposited by an ineligible student into a checking or savings account as income in the month of the deposit when an eligible household member has access to this income.
Do not allow any medical, child support payments, shelter or child care expenses paid in full by the ineligible student from excluded income.
Allow any deductible medical, child support payments, shelter or child care expense paid fin full or in part) by the ineligible student from income which is not excluded - e.g., the expense is paid from income received by or on behalf of eligible members. Allow any deductible shelter, child support payments, or child care expense paid in full by eligible household members with cash payments from the ineligible student. When deductible expenses are shared by the ineligible student and eligible household members, allow only the amount contributed towards the expense or actually paid by the eligible members.
If such payments or contributions cannot be differentiated, prorate the deductible expense evenly among the individuals actually paying or contributing towards the expense. Allow any of the pro rata share of expense incurred by the eligible household members as shelter expense.
The ineligible student's resources (except for jointly owned resources) will not be considered available to the eligible household members. Resources owned jointly by ineligible students and eligible household members are considered available to the household in their entirety. See FSC 4910.
DISQUALIFICATIONS
1622.10 Fleeing Felons
Fleeing felons and probation/parole violators are ineligible to participate in the Food Stamp Program. Presence of a fleeing felon or probation/parole violator will not make the entire household ineligible. Anyone identified as a fleeing felon or a probation/parole violator will be treated as an ineligible household member, and his or her income and resources will continue to be shown in the food stamp budget. See FSC 1623.2 for instructions.
1622.20 Disqualification for Drug Related Felonies
Each food stamp applicant must state in writing on page 3 of the Food Stamp Application (DC0-220) whether any household member has been found guilty or has plead guilty or nolo contendere (no contest) to any State or Federal offense classified as a felony by the law or the jurisdiction involved, and which has as an element of the offense, the distribution or manufacture of a controlled substance. This provision will not apply to findings of guilt or pleas of guilty or no contest for offenses occurring on or before July 1. 1997.
No individual who has been found guilty or plead guilty or no contest to any felony offense which has as an element of the offense, the distribution or manufacture of a controlled substance, as defined in section 102(6) of the Controlled Substances Act, will be eligible to receive food stamp benefits. This is a permanent disqualification.
The disqualified individual's income and resources must be included in the household's food stamp budget. See FSC 1623.2 for instructions.
1623 . Determining if a Household Member is to be Disqualified
The worker must determine if any household member is to be disqualified from participation in the Food Stamp Program for:
DISQUALIFIED HH MEMBERS -SSN'S_______________________
1623.1 Disqualification for SSN Noncmpliance
FSC 2000 covers the Social Security number requirements and disqualification of household members who fail to comply with these requirements. Members who fail to comply with these requirements remain disqualified until they do comply.
To disqualify a member for failure to comply with the SSN requirements, the following actions must be completed.
See the Glossary for a definition of an aged/disabled individual.
DISQUALIFIED HH MEMBERS
1623.2 Disqualification for IPV/Work Registration/RTW/Felons
See FSC 12110-12110.2 for instructions on handling TEA or SSI case closures, suspensions, or reductions in TEA or SSI benefits when a household member intentionally failed to comply with a requirement of that program.
FSC 16800 covers the procedure for disqualifying a member who has committed an intentional program violation (IPV). An IPV disqualification may only be imposed after an Administrative Disqualification Hearing, as the result of a decision of fraud by a court of law, or upon the signing of a waiver by the household.
FSC 3100 summarizes the work registration requirements. Individuals who fail or refuse to cooperate with the work registration requirements will be disqualified.
FSC 3600 explains compliance with the Food Stamp Program Requirement to Work (RTW.) Individuals who fail to comply with this requirement are disqualified.
* To disqualify a member who 1) is a fleeing felon, 2) has been convicted of a drug related felony, 3) has failed or refused to comply with the work registration requirements or the RTW, or 4) has been found guilty of an IPV, the following actions must be completed:
NOTE: Food stamp benefits must not increase when one or more members are excluded due to disqualification for an IPV.
EXCESS SHELTER DEDUCTION -ALLOWABLE COSTS_______.
When a household member receives two telephone bills (e.g., one from Southwestern Bell and one from AT&T), the worker will examine both bills to determine the total allowable basic fees and taxes on such fees. Basic fees will include charges for line access (including mileage charges) and for leasing of equipment for one telephone. Long distance charges are not allowable. Fees to companies specializing in reduced rate long distance call service are not allowable. When a household has "Lifeline Service", charges for local calls in excess of the number permitted will not be allowable. The reduced basic service fees such households incur will be allowable.
In order to include the costs of a home temporarily unoccupied by the owners, all four of the following criteria must be met:
- The household must be incurring these shelter costs;
- The household must intend to return to the home;
- The home must not be leased or rented during the absence of the owners; and
- If there are occupants currently in the home, these occupants must not be claiming the shelter costs for food stamp purposes.
Verification. If a household claims expenses for a temporarily unoccupied home, the worker will verify the household's actual utility expenses for the unoccupied home in every case and will not use the standard utility allowance.
* companies, or from any other source.
6620 Explanation of the Utility Standard
The utility standard is a predetermined amount. Eligible households may elect to use the utility standard in the food stamp budget to calculate total shelter costs. When the utility standard is used in the budget, no actual utility costs are considered regardless of whether the costs are more or less than the standard amount.
' * Item 7 deleted
Only certain households may elect to use the utility standard. There are restrictions on how often eligible households may switch from using the utility standard to using actual costs even if the actual costs exceed the standard amount.
6621 Determining Which Households May Choose to Use the Utility Standard
Generally, a household that incurs a cost for the primary source of heating or an air conditioning cost separate from the rent or mortgage payment may elect to use the utility standard. (See FSC 6621.1 for further explanation). The regularity of the heating and/or air conditioning costs is not a factor in determining whether a household may elect to use the standard as long as the household has costs during the season(s) that correspond to the billed periods. In both examples below the household is entitled to elect the utility standard.
Example 1 - A household does not have an air conditioner but incurs a cost for butane gas used for space heaters throughout the house. The space heaters are the household's primary source of heat.
Example 2 - A household rents an apartment where all utilities are furnished except electricity and that household uses an electric powered air conditioner.
Households billed only for phone, water, sewer, garbage, or any combination of these, are not entitled to elect to use the utility standard. Households not entitled to elect to use the utility standard may claim any actual utility costs incurred separately from rent or mortgage payments.
See FSC 6625 - 6626.2 when determining entitlement to the standard for a household which receives a utility assistance check.
SHELTER DEDUCTION -VERIFICATION AND DOCUMENTATION
Any portion of an allowable shelter cost covered by an excluded reimbursement will not be deductible. The worker will determine the allowable shelter costs by subtracting the HUD utility reimbursement check amount from the households total actual utility costs.
Example 1 - A household lives in a privately owned house. HUD pays all the rent and sends the household a $50 utility reimbursement check. The household pays a light bill of about $45 and a gas bill of about $45 per month. The household has an air conditioner and gas furnace. The household is entitled to choose the utility standard.
Example 2 - A household lives in a housing project, pays no rent, and only pays excess utility costs. The household gets a $50 utility reimbursement check, but is not entitled to choose the utility standard. (Only excess utility charges are paid by the household.)
Example 3 - A household lives in a housing project, pays no rent and gets a $50 utility reimbursement check. The household's water and gas is furnished. The household must pay the electricity bill. The household uses an air conditioner. The electricity bill runs about $90 per month. The household may choose to use the utility standard.
6627 Verification and Documentation of Shelter Costs
At any case action, verification of changes for the shelter occupied by the household, property taxes, or insurance will be requested only when these costs are questionable. At any case action, entitlement to the utility standard needs to be verified only if the household's statements regarding the households primary source of heating or cooling are questionable or contradictory.
At initial application, actual utility expenses will be verified if the household's costs exceed the utility standard and result in a deduction. At recertification, reported change, quarterly report or midpoint review, actual utility costs which exceed the utility standard and will result in a deduction will be verified if the source has changed (e.g. - the household has moved) or the amount has changed by more than $25.00. (NOTE: At reported change, mid-point review or quarterly report, households are required to report changes in shelter costs only if the household moves.) Actual utility costs which are unchanged or changed by $25 or less will not be verified unless the information provided by the household regarding these expenses is incomplete, inaccurate, inconsistent or outdated. When verification of question-able information regarding shelter costs is requested, documentation of this request must appear. The reason the information was considered questionable must appear in this documentation.
If the household cannot provide verification of actual expenses before the date specified on the "Notice of Delayed Action" (DCO-206) or the "Notice of Action" (DC0-1), the worker will use the utility standard in the household's budget if the household is entitled to use the standard. See FSC 6621. If the household is riot entitled to use the standard, all unverified utility costs will be disallowed.
EXCESS SHELTER DEDUCTION -EXCESS UTILITIES/CSA, CIP/ VERIFICATION AND DOCUMENTATION
If the household wishes to claim expenses for an unoccupied home (see FSC 4410), the caseworker must verify the household's actual utility expenses for the unoccupied home in every case. In no instance will the utility standard be allowed for an unoccupied home.
If a worker chooses to require verification of a household's shelter costs other than actual utilities and obtaining the verification may delay the household's certification, the worker will advise the household that eligibility and benefit level may be determined without the deduction of the unverified shelter cost. If the shelter cost cannot be verified within 30 days of the date of application, the worker will determine the household's eligibility and benefit level without providing a deduction for the unverified expense. If the household subsequently provides the missing verification, the worker will treat the information as a reported change and will provide increased benefits, if any, in accordance with the standards provided * .* in FSC 11310.
6628 Applying the Excess Shelter Deduction
The excess shelter deduction is calculated after the household's adjusted food stamp income has been determined by applying all other allowable deductions.
To apply the deduction, enter the costs calculated in fields 57-60 on the Food Stamp Authorization Document (DC0-233). Total shelter costs will be entered in field 61. One-half of the adjusted food stamp income (from field 56) will be calculated and entered in field 62. The figure in field 62 will be subtracted from the figure in field 61. The result will be considered the. excess shelter deduction.
Unless the household contains an aged or disabled member, the total amount deducted for the excess shelter deduction must not exceed the maximum allowable. See Appendix D for the current maximum allowable amounts.
CERTIFICATION PERIODS
9500 Assigning Certification Periods
Normal certification periods will be assigned to households approved under expedited guidelines if the household has:
* Either a one or two month certification period will be assigned to households approved under expedited guidelines if verification was postponed as instructed in FSC 9441.1. A one month certification period will be assigned when the expedited application was filed on or before the 15th day of the month. A two month certification period will be assigned when the expedited application was filed on or after the 16th day of the month and approved the same month.
NOTE: When a household submits an expedited application after the 15th of the month and that application is approved before the end of the month, the household is issued aggregate benefits for the month of application and the following month. For this reason, a two month certification is usually assigned. See FSC 8651 for a full explanation of aggregate benefits.
9501 Recertification of Households Certified With Verification Postponed
At the next certification, any household certified under the expedited provisions with verification postponed must either complete the verification requirements that were postponed or be certified under normal processing standards. See FSC 9441.1 for a full explanation. Therefore, at the next recertification, any household that wishes to continue receiving food stamp benefits must submit a new application and must be interviewed.
At application approval, the county office worker must take the following actions to schedule a recertification interview for expedited households assigned a one or two month certification period because verification requirements were postponed.
NOTICES AND FORMS
9510 Notices/Forms
Certain forms and notices are provided to all eligible households (including expedited households) when an application is approved.
These forms and notices are listed below. The policy reference indicates where detailed information regarding the form or notices may be found.
Notice of Action (DCQ-1) FSC 8810 - The DCO-1 will be issued automatically unless additional information must be provided - e.g., the household is certified pending verification.
Change Report Form (DCO-2341 FSC 11350 - The DCO-234 will be issued to all occasional reporting households. Its use must be explained.
* Food Stamp Quarterly Reporting (PUB-360) FSC 11520 - A pamphlet explaining quarterly reporting will be provided to any household subject to quarterly reporting.
DESTITUTE HOUSEHOLDS
9600 Destitute Households
Destitute households are migrant or seasonal farmworker households that have little or no income at the time of application.
A migrant is an individual who travels away from home on a regular basis with a group of laborers to seek employment in an agriculturally related activity.
A seasonal farmworker is an individual who travels away from home on a regular basis to seek employment in an agriculturally related activity.
Even though a destitute household may receive income at some other time during the month of application, household members may be in immediate need of food assistance.
There are three income-related criteria under which migrant or seasonal farmworker households may be considered destitute.
Income normally received on a monthly or more frequent basis is considered to be from a new source if less than $25 was received from that source in the 30 days prior to the date of application.
Example - A migrant farmworker applies for food stamp benefits on July 15th. He reports that he last worked picking tomatoes on June 15th and received $15.00 in wages for that day's work. He expects to go back to work for the same grower picking okra on July 25th. This income is considered to be from a new source.
Income normally received less often than monthly is considered to be from a new source if less than $25.00 was received at the last normal pay interval.
Income received on a monthly or more frequent basis is considered to be from a terminated source when no more income will be received from that source during the month of application or the following month.
Apply this criterium only if the household is to receive no other income in the month of application.
