FSC Manual 10/01/86
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1600 Process 4 - Determining Household Composition A food stamp household is normally composed of an individual living alone or a group of individuals who live together and who customarily purchase food and prepare meals together. To "customarily purchase and prepare together" means that the household purchases food and prepares meals for home consumption as one unit more than 50% of the time. This includes individuals who intend to purchase and prepare meals for home consumption as a unit but lack the financial means to do so until food stamp benefits are received. Example: Ms. Jones and her two children moved in with Mrs. Smith who is not related. When Ms. Jones applies for food stamp benefits, she states that she and her children are presently eating all their meals with Ms. Smith because she doesn't have the money to purchase food. She also states that Ms. Smith is willing to let her family stay in her house, but is not willing to continue furnishing her family with food. For this reason, Ms. Jones plans to purchase and prepare food for herself and her children separately from Ms. Smith when she receives her food stamp benefits. Ms. Jones and her children may be considered a household, and if otherwise eligible, the Jones family may receive food stamp benefits. NOTE: No individual will be allowed to participate in the Food Stamp Program as a member of more than one household in any month unless: The county office worker must determine if the household composition shown on the application is correct. This is a three-step process. First, determine if all household members declared on the application are actually living in the home. Second, determine if all members shown on the application may participate in the Food Stamp Program. Third, determine if there are other people living in the home who should be included in the food stamp household. These steps are fully explained in [FSC 1610-1640]. |
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FSC Manual 12/01/00 |
1610 Declaration of Household Members The county office worker will carefully review the household members listed on the application. If the actual presence of any declared member is questionable, verification of household composition will be requested. Verification of household composition is normally accomplished through collateral contact. See the Glossary, definition of "Collateral Contact."
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FSC Manual 12/01/00 |
1620 Evaluating Eligibility of Members The county office worker will evaluate each household member listed on the application to determine if that member is eligible to participate in the Food Stamp Program. The categories of individuals who are not eligible to participate in the Food Stamp Program are listed below.
Disqualified Individuals
Boarders Residents |
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FSC Manual 06/01/05
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1621 Citizenship Status Participation in the Food Stamp Program is limited to US citizens and certain non-citizens who are lawfully residing in the United States. Proof of citizenship will only be requested if an individuals U.S. citizenship is questionable. A United States citizen is:
Individuals who claim to be naturalized citizens must have completed all the requirements for citizenship, including the swearing in, and must have verification of their status as a naturalized citizen before they can participate in the Food Stamp Program as a citizen. (They may participate as a non-citizen if they meet those requirements.) A United States non-citizen national is:
U.S. non-citizen nationals are treated as U.S. citizens. The DHS county office worker must accept participation in another program as acceptable verification if verification of citizenship or non-citizen national status was obtained for that program. For other household members whose citizenship is questionable, the worker may accept any of the following documents as proof of citizenship:
If none of these documents is available, the alien may provide secondary evidence such as religious records, school records, or census records that indicate birth in the United States. If the household cannot obtain any of the forms listed above to verify citizenship and the household can provide a reasonable explanation as to why verification is not available, the worker will accept a signed statement, under penalty of perjury, from a third party indicating a personal knowledge that the member in question is a U.S. citizen or non-citizen national. The signed statement must contain a warning of the penalties for helping someone commit fraud. In the absence of verification or third party attestation of U.S. citizenship or non-citizen national status, the household member whose citizenship status is in question will be treated as a ineligible alien (see [FSC 1621.6]) until the issue is resolved. A legal immigrants who has lived in the United States as a qualified alien for a period of five years or longer may participate in the Food Stamp Program if otherwise eligible. See [FSC 1621.1.] Not all aliens who are residing in the United States are allowed to participate in the Food Stamp Program. With some exceptions, aliens will be allowed to receive food stamp benefits only if:
See [FSC 1621.1] for an explanation of a qualified alien. An alien who will be allowed to participate in the Food Stamp Program is referred to as an "eligible alien." However, "eligible aliens" must also meet Food Stamp Program requirements such as income and resource limits. Ineligible aliens include aliens such as, but not limited to:
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FSC Manual 06/01/05
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1621.1
Qualified Aliens
A qualified alien is:
-A refugee admitted to the United States under section 207 of the INA. This includes victims of severe forms of trafficking, their minor children, spouses, and in some cases, their parents and siblings. See FSC 1621.3.4 for additional information about trafficking victims.
§ An alien who is paroled into the United States under section 212(d)(5) of the INA for a period of at least one year. § An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA. § An alien granted conditional entry under section 203(a)(7) of the INA as in effect before 4/1/80. § An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. § A battered alien. See FSC 1621.1.1 below for additional information
§ An alien who is paroled into the United States under section 212(d)(5) of the INA for a period of at least one year. § An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is withheld under section 241(b)(3) of the INA. § An alien granted conditional entry under section 203(a)(7) of the INA as in effect before 4/1/80. § An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. |
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FSC Manual 04/01/03
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1621.1.1 Battered
Aliens
An alien may be classified as a qualified alien if he or she has been subjected to battery or extreme cruelty in the United States by a family member with whom they reside. Qualified alien status also extends to an immigrant whose child has been abused or to an immigrant child whose parent has been abused. Battered aliens are exempt from the deeming requirements for a 12-month period. See [FSC 1621.7.1]. To gain qualified alien status as a battered alien, the alien must meet all of the following four requirements:
Being granted status as a battered alien does not automatically give eligible alien status. Instead the alien must meet the other conditions for eligibility specified in [FSC 1621.3]. In order to be classified as a battered alien, an alien must present evidence of having petitioned INS for permanent resident status (see item 1 above) 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.
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FSC Manual 03/01/03 |
1621.2 Participation for up to
Seven Years
Any of the following qualified aliens may participate in the Food Stamp Program for up to seven years from the date of admission to the United States if otherwise eligible:
Refugees that are admitted under Section 207 of the Immigration and Nationality Act are given refugee status before the person enters the country. Therefore, for refugees, the seven year count begins the date the refugee enters the U.S. The seven-year limit for refugees does not change once 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 seven-year count begins the date the alien was granted the particular status.
Once a seven-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.
When eligibility expires under one eligible alien status, the county office worker must determine if the alien is eligible under another status.
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FSC Manual 10/01/03 |
1621.3 Other
Eligible Aliens
Any of the following aliens may participate in the Food Stamp Program if otherwise eligible.
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FSC Manual 04/01/03
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1621.3.1 Participation
after Five Years as Qualified Alien
Any alien who has lived in the United States as a qualified alien for a period of five years or longer may participate in the Food Stamp Program if he or she is otherwise eligible. The Immigration and Naturalization Service (INS) has the sole responsibility for determining the status of an immigrant as a qualified alien. The five year waiting period begins on the date the immigrant obtains status as a qualified alien through the INS.
Even though some refugees may be granted qualified alien status prior to entering the United States, the five-year waiting period will begin with the date of entry into the United States.
A legal permanent resident may have been admitted to the United States under another status that confers qualified alien status. In that case, the five-year waiting period began on the date the alien became a qualified alien.
When qualified alien status is granted retroactively, the retroactive time will count towards the five-year requirement.
If the documentation presented by the alien provides the date on which the alien was granted qualified alien status, this documentation may be used to verify that the alien has met the five year waiting period. (See [FSC 1621.5] for instructions on using the SAVE system to authenticate the documentation.) For battered aliens, the five-year waiting period begins when the prima facie case determination is issued or when the abused immigrant's INS I-30 visa petition is approved. The relevant date for eligibility is the date the immigrant obtained qualified alien status as an abused immigrant rather than the date of that individual's immigration status, such as that of a an alien legally admitted for permanent residence (LPR).
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| FSC Manual 01/01/02 |
1621.3.2
Aliens Who Have 40 Qualifying Quarters
Aliens legally admitted for permanent residence who can be credited with at least 40 qualifying quarters of work under Title II of the Social Security Act are not prohibited from receiving food stamp benefits if the household is otherwise eligible. A qualifying quarter of work includes quarters worked by the alien, by a parent (natural, adoptive, or step) of an alien while the alien was under age 18, or by a spouse during a marriage if the alien remains married to the spouse or the spouse is deceased. (This does not include common-law marriages since such marriages are not recognized in Arkansas.) Quarters earned by a current spouse and one or more deceased spouses can be added together and credited. In the case of a divorce, the former spouse's quarters can no longer be credited. At the next household’s next recertification the alien’s eligibility will be determined without crediting the alien with the former spouse’s quarters of coverage. If the alien lived with both parents, each parent's quarters will be counted individually. This means if both parents worked in the same quarter, this will count as two qualifying quarters of work. This also includes any quarters worked by a parent before a child was born or before the child entered the U.S. In the case of a natural or adoptive child, the child may be credited with the quarters even if the child is not living with the parent due to death, separation or divorce. The stepparent/stepchild relationship will be severed by divorce but not by death. Therefore, at the first recertification following the divorce, the quarters credited to a stepchild by a stepparent will no longer be credited to the child. Quarters of coverage earned by minor children cannot be credited to a parent. All quarters earned by a stepparent can be credited beginning with the quarter in which the marriage occurred if the marriage occurred before the alien turned 18 and did not end by divorce or annulment before the 40 quarters were credited. All quarters earned by an adoptive parent can be credited through the quarter the alien turns 18 if the adoption occurred before the alien turned 18. Quarters earned by a biological parent whose parental rights are lost as the result of an adoption of the child by another person are not creditable. The Social Security Administration is the primary source of verification of qualifying quarters of work. An automated system has been developed to provide an array, by year beginning with 1937, of all qualifying quarters of work. The SSA automated system may be accessed via the SSA Query Screen (WQRY). The SSA Quarters Of Coverage History System Appendix provides complete information about verifying qualifying quarters of work via the SSA automated system. In some instances, there will be discrepancies between the information provided by SSA and the information provided by the alien. In other instances, the automated system will not provide verification of qualifying quarters of work. The SSA Quarters Of Coverage History System Appendix also provides instructions for resolving discrepancies and for manual verification of qualifying quarters of work. An alien may participate in the Food Stamp Program as an eligible household member for up to six months while SSA works to resolve a discrepancy between the information on their system and the information provided by the alien. However, when the county office is working with the alien to obtain verification of quarters of work not appearing on the system, the normal processing standards will apply. If the household does not provide the requested information by the specified deadline, the alien will be treated as an ineligible alien as per the policy in [FSC 1621.6]. Any quarter during which the alien actually received Federal means-tested public benefits is not a qualifying quarter. Quarters worked by a parent or spouse are not qualifying quarters if the parent or spouse actually received Federal means-tested public benefits in that quarter. Food stamp benefits are classified as Federal means-tested public benefits. The following benefits have also been have been officially determined to be Federal means - tested public benefits for the purposes of this provision: Supplemental Security Income (SSI), Medicaid and Temporary Assistance for Needy Families (TANF). In Arkansas, the TANF Program is the Transitional Employment Assistance (TEA) Program. The county office worker must evaluate quarters of coverage and receipt of Federal means-tested benefits on a calendar year basis using the following steps:
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FSC Manual 04/01/03
FSC Manual 06/01/05 |
1621.3.3 Individuals
With a Military Connection
An alien with a military connection is one of the following:
The requirements of Section 1304 of Title 38 U.S.C. are:
A dependent child must be the legally adopted or biological child of individual with military connection and must meet at least one of the following criteria:
Aliens with a military connection that meet one of the citizenship requirements in [FSC 1621.1] may participate in the Food Stamp Program for an unlimited period if otherwise eligible. Aliens who are applying to participate in the Food Stamp Program based on military service must first provide documentation that he or she meets the citizenship requirements of [FSC 1621.1]. Any qualified alien who is currently serving in a branch of the U.S. armed forces must provide verification that he or she meets minimum active duty service requirements. Veterans must provide documentation (e.g., DD Form 214) showing the discharge was classified as an honorable discharge. A surviving spouse of a deceased veteran or an individual who died while on active duty must provide verification that the marriage lasted at least one year. FSC 1621.3.4 Eligibility of Victims of Severe Trafficking Under the Trafficking Victims Protection Act of 2003, the categories of non-citizens eligible to participate in the Food Stamp Program under the Trafficking Victims Protection Act of 2000 have been expanded to include the minor children, spouses, and in some cases the parents and siblings of the victims of severe trafficking. Under the Trafficking Victims Protection Act of 2000, non-citizens classified as victims of severe trafficking are eligible to participate in the Food Stamp Program under the same provisions as refugees. (This means that trafficking victims may participate in the Program for up to seven years from the date of admission to the United States, if they are otherwise eligible. After a trafficking victim has lived in the United States as a qualified alien for five years, he or she may participate in the Program indefinitely if he or she is otherwise eligible.)
Victims of severe forms of trafficking are issued T visas. Eligible relatives of trafficking victims are issued non-immigrant visas designated as T-2, T-3, T-4, or T-5. These visas are collectively referred to as “derivative T visas.” If a trafficking victim is under 21 years of age on the date he or she filed for a T visa, derivative T-visas are available for the victim’s spouse, children, unmarried siblings under 18 years of age and parents. If the victim is age 21 or older on the date he or she filed for a T visa, derivative T visas are available only for the victim’s spouse and/or children.
When a derivative T visa holder applies for food stamp benefits, the county office worker must call the toll-free trafficking verification line at 1-866-401-5510 to notify the Office of Refugee Resettlement (ORR) of the application for benefits and to verify alien status. At this time, the Systematic Alien Verification for Entitlements (SAVE) system does not contain information about victims of a severe form of trafficking.
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FSC Manual 06/01/05 |
1621.4 Documentation
of Alien Status
All non-citizens must provide documentation of alien status. 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
ASYLEE
REFUGEE
TRAFFICKING VICTIM
ALIEN PAROLED INTO THE U.S. FOR AT LEAST ONE YEAR
ALIEN WHOSE DEPORTATION OR REMOVAL WAS WITHHELD
ALIEN GRANTED CONDITIONAL ENTRY
CUBAN/HAITIAN ENTRANT
AMERASIAN IMMIGRANT
BATTERED ALIEN
ALIEN LAWFULLY PRESENT ON AUGUST 22, 1996
AMERICAN INDIANS § Proof of membership in an Indian tribe covered under the provisions of section 289 of the INA or as defined under section 4(e) of the Indian Self-determination and Education Assistance Act. Some American Indians born in Canada may have INS documentation establishing LPR status which can be confirmed through the SAVE system. See FSC 1621.5. Other applicants may present a letter or other tribal documents certifying at least 50% Indian blood as required under section 289. This may be combined with a birth certificate or other proof of birth in Canada. Membership in a Federally-recognized tribe allowed to cross the Canadian or Mexican border can be established by a membership card or other tribal documentation or by contacting the applicable tribe.
HMONG OR HIGHLAND TRIBE MEMBER
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 for additional information. 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. The INS Office in Memphis, Tennessee serves the following counties:
The address and phone number for the INS Office in Memphis is: Immigration & Naturalization Service 1341 Sycamore View Road, Suite 100 Memphis, TN 38134 Telephone: (901) 544-0264 FAX: (901) 544-0572
The INS Office in Fort Smith, Arkansas serves the following counties:
The address and phone number for the INS Office in Fort Smith Office is: 4991 Old Greenwood Road Fort Smith, AR 72903 Telephone: (501) 646-4701 FAX: (501) 646-4727 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 unless:
See [FSC 9444] for instructions 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. When a household indicates inability or unwillingness to provide documentation of alien status for any household member, that member will be classified as an ineligible alien, and the worker will not continue efforts to obtain documentation of alien status. The alien will be classified as an ineligible household member. If the alien does not wish for the county office worker to contact Immigration and Naturalization Services (INS) to verify his or her immigration status, the worker must give the household the option of withdrawing its food stamp application or classifying the alien as an ineligible alien. Ineligible aliens are not reported to the (INS); however, illegal aliens will be reported. An illegal alien is present in the United States in violation of the Immigration and Nationality Act (INA). The DHS County Office will only report illegal aliens whenever the county office worker verifies the presence of an illegal alien in the household. Verification is documentation such as, but not limited to, a Final Order of Deportation, that establishes illegal alien status. When the household has withdrawn its application, chosen to classify an alien household member as an ineligible member or failed or refused to verify the alien status of any household member, the alien will not be reported. The Food and Nutrition Service (FNS) reports illegal aliens discovered through the Food Stamp Program application process to INS by on a quarterly basis. DHS county offices will report illegal aliens by memorandum to the Manager, Food Stamp Program, Slot S335. The memorandum must contain the name, address, social security number and telephone number of the illegal alien. A copy of the documentation of illegal alien status must accompany the memorandum.
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FSC Manual 06/15/98 |
Under the Systematic Alien Verification for Entitlements (SAVE) Program, the INS examines documentation provided by non-citizens to insure the documentation is authentic and accurate. SAVE uses a web-based application developed by the Department of Homeland Security for use by Federal and State agencies administering entitlement programs. The telephone verification system is no longer available. To access the new system, the worker must click on the following link: <https://www.vis-dhs.com/webone/>. (A link to this web-site is available through ANSWER.) No unauthorized individual may access the SAVE system. The ES Supervisor in each DHS county office supervises access to the SAVE system through the county’s “user group.” He or she adds or deletes SAVE users to the county’s user group, resets user passwords, and reviews user activity. A worker must be added as a General User - View user initiated ISV responses. A lead worker or supervisor must be added as a General User - View ISV responses for all users in Group in order to be able to monitor the activities of other group members Each worker and supervisor added to SAVE as a user must also sign a safeguard certification before accessing the SAVE system. These documents will be maintained in a folder in the county for possible audit review. The document is available on DHS Gold. Once a worker is added to the system, he or she will be directed to the Tutorial selection at the top of the screen. The tutorial will step the user through the process of requesting verification of alien status. The following rules apply to use of the SAVE system: · Supervisors must not attempt to add or delete user groups. · Supervisors will call 501-682-2265 if they become locked out of the system or if they need assistance. · User Ids will be the worker’s first initial plus the first three letters of their last name plus the ANSWER worker number. For example, LNOR1234. · The supervisor will assign an initial password for the worker to use to login. The password must contain an upper case letter, a lower case letter, and a number. For example, Welcome1. The worker will be forced to enter a new password upon login. This password must meet the same rules. A user’s manual may be found at: https://vis-dhs.com/webone/> The manual is located under the Web-1 guide, documentation.
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FSC Manual 06/15/98 |
1621.5.1 Accessing the SAVE System Section Deleted |
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FSC Manual 06/15/98 |
1621.5.2 Information Provided by the SAVE If the alien registration number is found on SAVE, the following information will be provided: · The alien's first name and last name spelled out. · The alien's birth date. · 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 SAVE must be compared to the documentation provided by the alien. If the data provided by SAVE is consistent with the documentation provided by the alien, this fact will be documented in the case record. (Documentation The alien's first name and last name spelled out. If the alien registration number is not found on SAVE, the worker will get an “Institute Secondary Information” message. To institute secondary verification the worker must click on the button and enter all known information. If the document provided by the household is not on the drop-down list, the worker must select “Other” and type a description of the document in the “Document Description” block. NOTE: It may take several days to get a response on requests for secondary verification. |
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FSC Manual 04/01/03 |
1621.5.3 Secondary Verification Procedures This section has been deleted as of 10/01/04
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FSC Manual 10/01/97 |
1621.5.4 Action on Responses from SAVE If the response from SAVE 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 SAVE 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.
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| FSC Manual
12/01/00
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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. All but 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:
Medical expenses incurred by an ineligible alien who is aged/disabled are not allowable. Expenses such as shelter costs, dependent care costs and child support payments will be allowed in their entirety unless the ineligible alien incurs part or all of the expense. If the ineligible alien incurs part or all of any expense, the expense will be prorated or divided evenly among all household members including the ineligible alien. Then, the number of eligible household members will be multiplied by the amount of the prorata share. Each expense will be prorated individually. If the household has elected to use the utility standard and the ineligible alien incurs part or all of the expense entitling the household to the standard, the standard will be prorated in the same manner as the other allowable expenses. Uncapped shelter costs will not be allowed if the disqualified member is the only aged/disabled household member. Even if the household does remain entitled to uncapped shelter costs, prorated shelter costs must be used to determine the full shelter deduction. Ineligible aliens are not included when eligibility or food stamp benefit amount is determined. |
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| FSC Manual 04/01/03 |
Most immigrants who enter the U.S. must have a sponsor - someone who signs an affidavit promising to provide enough financial support to maintain the immigrant at or above 125 percent of the Federal poverty line. (This will be 100 percent for active duty military.) Legal immigrants who enter the country under the provisions of immigration law other than the family-sponsored categories do not have sponsors whose income must be deemed into the food stamp budget. These categories include refugees and asylees. There are special procedures for some sponsored aliens under which a portion of the sponsor's income and resources are considered available to the alien. These are called deeming procedures. The deeming requirements apply only to immigrants whose sponsor has signed a legally binding affidavit of support (Form I-864 or Form I-864A) on or after December 19, 1997. Before December 19, 1997, affidavits of support were not legally binding meaning the sponsor could not be legally compelled to support the immigrant. Even some of those aliens whose sponsor has signed a legally binding affidavit of support are exempt from the deeming procedures. These sponsored aliens are listed below:
At each initial application and at each application for recertification afterward, the sponsored alien must provide information about his/her sponsor. Deeming, which is the attribution of the sponsor's income and resources to the alien, lasts until the alien becomes a naturalized citizen, can be credited with 40 qualifying quarters of work (FSC 1621.3.1), meets one of the exceptions listed above in items 1-6, or the sponsor dies. The county office worker may verify whether an immigrant has a sponsor who has signed a binding affidavit of support by submitting to INS the Document Verification Request and Supplement (INS Form G-845 and G-845 Supplement) and requesting completion of block #7 - Affidavit of Support. (See FSC 162.5.3 for the web-site where this form may be down-loaded and the mailing address for INS.) Pending receipt of this form from INS, the worker will not delay, deny, reduce, or terminate the individual's food stamp benefits if he or she is otherwise eligible.
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| FSC Manual 06/01/01 | 1621.7.1 Citizenship Requirements for Sponsored Aliens Sponsored aliens must meet the citizenship requirements in [FSC 1621.1]. If not, the sponsored alien is ineligible to participate in the Food Stamp Program and the deeming procedures will not apply. For sponsored aliens who meet the requirements in [FSC 1621.1] because they can be credited with 40 quarters of work, no deeming will apply. Sponsored aliens who meet the requirements in [FSC 1621.1] for other reasons, must meet the deeming procedures. Deeming will be delayed for 12 calendar months for aliens who have been battered by a spouse, a parent, or another member of the household, if the battering is substantially connected to the need for benefits. This also applies to the alien child of a battered parent. (In other words, the alien had to leave the household where the battering occurred and, as a result, is in need of food stamp benefits.) After 12 calendar months, deeming of the sponsor's income and resources is permanently eliminated if the battery has been substantiated in a court or by the Immigration and Naturalization Agency (INA) and the battery has substantial connection to the need for benefits. These provisions do not apply if the battered alien lives with the batterer. If the battered alien does live with the batterer and is a sponsored alien, the sponsor’s income and resources will be deemed.
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| FSC Manual 06/01/01 |
1621.7.2
Indigent
Aliens
A sponsored alien is classified as an indigent alien if the sum of the sponsored alien’s own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance from the sponsor and others does not exceed the gross income limit for the alien’s household size. See the current the Food Stamp Basis of Issuance Tables for the gross income limit for the appropriate household size. The county office worker must determine the amount of income and other assistance provided in the month of application. If the alien is indigent, the only amount that is to be deemed to the alien will be the amount actually provided by the sponsor to the alien. This limited deeming procedure will begin on the date of this determination and will end 12 months after the date of determination. Each indigence determination will be renewable for additional 12-month periods. The county office must notify by memorandum the Office of Program Planning and Development, Food Stamp Section, Slot 1240, of each such determination, including the names of the sponsor and the sponsored non-citizen involved.
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| FSC Manual 06/01/01
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1621.7.3 Battered
Aliens
A battered alien is:
The sponsor’s income and resources will not be deemed to battered aliens for 12 months after the county office worker determines that the battering is substantially connected to the household’s need for food stamp benefits and that the alien does not live with the batterer. After 12 months, the sponsor’s income and resources will not be deemed to the battered alien if:
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| FSC Manual 04/01/03
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1621.7.4
Deeming
the Sponsor’s Income
Deeming procedures are used to determine the amount of the sponsor's resources and income to be used in the food stamp budget of the sponsored alien's household. Deemed income and resources will continue to be used in the household's budget for the entire deeming period. The deeming period is three years from the alien's date of entry into the United States. Deemed resources will be determined through the following actions:
If the sponsored alien's household is eligible based upon resources, determine the amount of the sponsor's income by completing the following actions: 1. Determine the sponsor's total gross monthly-earned income. Include net self-employment income. Include SSI and other public assistance payments. Include the earned income of the sponsor's spouse if the sponsor and his/her spouse are living together. (This income must be included even if the sponsor and spouse were not married at the time the agreement to sponsor was signed.) To determine gross monthly income, follow the instructions in [FSC 7500]. Any money paid by the sponsor or the sponsor’s spouse to an eligible sponsored alien will be counted as income in the household food stamp budget only to the extent this money exceeds the amount deemed to the sponsored alien.
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FSC Manual 06/15/98 |
1621.7.5 Changes in Sponsors
If the alien changes sponsors during the certification period, he or she must report the change to the county office within ten days and verify the following information regarding the new sponsor:
Within ten days of the report, the alien's eligibility will be re-determined based upon the new sponsor's income and resources. If the action adversely affects the alien, a notice of adverse action must be issued at least ten days before the effective date of action.
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FSC Manual 10/01/03 |
1621.7.6 Reporting Changes in Sponsor's Income The sponsored alien must report to the county office the following changes in the sponsor's income within ten days of the day the change becomes known:
(Exception - semi-annual reporting households may report these changes on the first semi-annual report submitted after the change.) The deemed income must be recalculated to reflect these changes. If the reported change results in a decrease in benefits or case closure, a notice of adverse action must be issued. Verification of reported changes in the sponsor's income or spouse's income is required.
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FSC Manual 06/15/98 |
1621.7.7 Verification From the
Sponsor
During the period that the alien is subject to deeming, the eligible sponsored alien is responsible for:
If the sponsored alien refuses to cooperate in providing information or verification, other adult members of the alien’s household are responsible for providing such information or verification. If the other adult members of the household also refuse to cooperate, the application will be denied. When the sponsored alien is cooperating but cannot obtain the needed information from the sponsor, the county office worker must assist by attempting to obtain the needed verification from the sponsor. This may include contacting the sponsor directly to request such information. If the worker cannot determine the sponsor's income or resources due to lack of information or verification, the sponsored alien is ineligible and the deemed income and resources of the sponsor will not be counted in the budget. However, a prorata share of the alien’s income and resources will be counted in the household’s food stamp budget. See [FSC 1621.6]. If later in the certification period the household presents the necessary verification, the household's food stamp budget will be recalculated adding the sponsor's deemed income and substituting the full amount of the alien's income for the prorated amount. A notice of action (DCO-1) will be issued if the case will be closed or the food stamp benefits will be reduced. These actions will be taken within ten days of the day the required verification was provided by the alien. If the ineligible alien is the only household member, the application will be denied. If the same sponsor is responsible for all the household members, the application will be denied.
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FSC Manual 06/15/98 |
Approval and denial notices to households containing sponsored aliens must be issued manually. Such notices will contain, in addition to all mandatory information, the amount of the sponsor's income and resources that has been deemed to the alien. When an application for a household containing a sponsored alien is approved, a letter will be sent to the sponsor. Any letter drafted by the county must contain all information contained in this sample:
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FSC Manual 06/15/98 |
1621.7.9 Incorrect Sponsor Information DCO will hold both the sponsor and the alien liable for incorrect information resulting in an overpayment claim, unless the sponsor can prove to be without fault or the sponsor had good cause. If the sponsor can show good cause for the incorrect information, the claim will be filed against the alien or the alien's household. If the sponsor is found to be at fault, the claim will be filed against the party most likely to repay. If that cannot be determined, the worker will file a claim against both the sponsor and the alien. If fraud is suspected, the case will be referred to the Fraud Unit for investigation. Sponsors against whom a claim has been filed are entitled to an administrative hearing. See [FSC 16310] for instructions on requesting a hearing.
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FSC Manual 06/15/98 |
1621.7.10 Sponsored Alien Reports/Reimbursement Upon notification that a sponsored alien has received any benefit under any means-tested public benefit program, the appropriate agency shall request reimbursement by the sponsor in the amount of such assistance. For the purpose of this provision, the Food Stamp Program is considered to be a means-tested public benefit program. In order to comply with this requirement, the county office must report, by memorandum, the name of any participating sponsored alien and the name of the alien's sponsor to the Office of Program Planning and Development, Food Stamp Section, Slot 1240. Additionally, the State must report to the Attorney General any sponsored non-citizens found to be indigent under the provisions in [FSC 1621.7]. Therefore, if the alien has been found indigent, this information should be included on the memorandum to the Food Stamp Section.
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| FSC Manual 06/01/05 |
1621.8
Alien Eligibility Status Chart
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