1623.1 Disqualification for SSN Noncompliance

See FSC 2100 for an explanation of 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.

1. List the member on the DCO-233 in the member segment. In the field entitled "status" enter code "9" for a SSN disqualification. Do not include the member when determining household size (field 68).

2. Include the resources of the ineligible member in their entirety.

3. Calculate a pro rata share of any income received by the disqualified member. The pro rata share is calculated by subtracting allowable exclusions (see FSC 5400) then dividing the remaining income evenly among the total household members including the disqualified member. Multiply the pro rata share by the number of eligible members. Count the resulting figure as income. In the case of earned income, enter the pro rata amount of earned income beside each member's name in the member segment.

4. Apply the earned income deduction after the prorated earned income of the disqualified member has been determined and added to the household budget.

5. When the disqualified member does not incur any portion of an allowable expense, do not prorate the expense. Prorate any allowable shelter, child support payments, or dependent care expense paid totally or in part by the disqualified individual. To prorate, divide the expense evenly among all household members including the disqualified member. Multiply the pro rata share by the number of eligible members. Count the resulting figure as an allowable expense. If the household has elected to use the utility standard (see FSC 6620), the utility standard will be prorated in the same manner. (After the utility standard is prorated, a code "A" must be used in field 64.)

6. Do not allow uncapped shelter costs if the disqualified member is the only aged/disabled individual in the household. Do not allow medical expenses incurred by a disqualified aged or disabled member. See the Glossary for a definition of an aged/disabled individual.

7. For households still entitled to uncapped shelter costs after an individual has been disqualified, prorate the expenses as explained above. Allow the uncapped amount of the prorated expenses as instructed in FSC 7610.

8. Do not include the disqualified member when determining income eligibility or food stamp allotment.

FSC Manual 11-1-98

1623.2 Disqualification for IPV/Work Registration/RTW/Felons

See FSC 12110 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 3500 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:

1. Enter the member on the WFSM screen in the member segment. If the member is disqualified as a felon or for an IPV, enter code "5" in the field entitled "Status". If the member is disqualified for a work registration violation enter code "8" in the field entitled "Status". If the member is disqualified for failure to comply with the RTW, enter code "10" in the field entitled "Status". If the disqualified member is the head of the household, do not change fields 1, 2 or 3. Do not include the member when determining total eligible members (field 45).

2. Include the total income, resources and expenses (including deductible child support payments) of the disqualified member in the food stamp budget for purposes of determining eligibility and food stamp benefit amount. (Calculate the budget as if the member were to be included.)

3. The income and resource limits (including entitlement to uncapped shelter expenses as per FSC 6600) will be based upon the number of eligible members. If there are no other eligible household members, the case will be closed. The household will be notified of the closure via Notice of Action (DCO-1). The DCO-1 will state when the household may reapply.

NOTE: Food stamp benefits must not increase when one or more members are excluded due to disqualification for an IPV.

1624.1 Reasonable Monthly Payment

A reasonable monthly payment for a boarder is either of the following:

1. An amount which equals or exceeds the maximum food stamp allotment for the boarder's household size if the boarder's household normally consumes more than two meals per day in the food stamp household; or

2. An amount which equals or exceeds two-thirds of the maximum food stamp allotment for the boarder's household size if the boarder normally consumes two or less meals per day in the food stamp household.

All examples below are based upon the maximum food stamp allotments effective October 1996. The current "Basis of Issuance Tables" may be consulted for the current maximum allotments.

Examples:

1. Mr. Smith is a boarder in Mrs. Jones' home. There are no other members in his household. He consumes three meals per day and pays Mrs. Smith $120 a month for board. Since the maximum coupon allotment for one person is $120, his payment is considered a reasonable monthly payment.

2. Ms. Williams and her son are also boarders in Mrs. Jones' home. They consume only the evening meal with Mrs. Jones and pay her $150 a month. Since the maximum coupon allotment for a household of two is $220, this is considered a reasonable payment.

NOTE: When the boarder's payment for room is distinguishable from the payments for meals, only the amount paid for meals will be evaluated for purposes of determining a "reasonable monthly payment" for food stamp purposes.

All arrangements for the monthly boarder payment to the food stamp household will be made between the boarder household and the food stamp household.

1630 Determining if the Declared Household Composition is Correct

Normally, a food stamp household is composed of an individual or a group of individuals. A description of several common household types appear below:

1. An individual who lives alone.

2. An individual who lives with others and customarily (more than 50% of the time) purchases food and prepares meals for home consumption separate and apart from the others. (See restrictions in FSC 1631.)

3. A group of individuals who live together and customarily purchase food and prepare meals together. This includes individuals whose work schedules allow them to be in the home only for short periods of time but who consider the home their primary residence and who are responsible household members. A responsible household member is a member such as a spouse who helps the household meet part or all of its expenses. Traveling salespeople, truck drivers, railroad employees, and offshore oil workers meet this criteria even if these workers do not return to the home each night or on a regular weekly or biweekly basis. While these individuals may be out of the home a majority of the time, they are considered household members. The work schedule and not the profession will establish these individuals as household members. (There may be two or more groups of individuals who live in the same dwelling but participate in the program as separate households. There are restrictions to participation as a separate household. See FSC 1631 below for those restrictions.)

4. An individual age 60 or older who is living with others but is unable to purchase and prepare meals due to a permanent disability such as (but not limited to) senility. This type of household may include the disabled individual and his or her spouse regardless of the physical condition or age of the spouse. All income of the individual and spouse will be counted in the food stamp budget. The income of all other members will be disregarded; however, the total gross non-excludable income of all other household members may not exceed 165% of the maximum income standard. If the income of all other household members exceeds 165% of the maximum net income standard, the disabled aged member's application for food stamps will be denied. A chart showing 165% of the maximum net income standard for all household sizes is included on the Exhibit A, Food Stamp Issuance Chart.

Example: Mr. and Mrs. Cross are age 83 and 84. They are living with their son and his wife. Mrs. Cross is confined to a wheelchair and Mr. Cross uses a walker. They are unable to purchase and prepare their meals. Mr. and Mrs. Cross' son reports the following household members and non-excluded income:

Himself - earnings of $1,500 per month

His wife - earnings of $750 per month

A son - no income

A daughter - no income

Their total gross non-excludable income is $2,250.

Their household size is 4.

As of January 1995, the 165% gross income limit for a household of 4 people was $2,035.

Mr. and Mrs. Cross will not be eligible to participate in the Food Stamp Program regardless of their income and/or resources.

NOTE: Verify the gross income of all other members if the disabled individual is eligible based upon declared gross income.

1640 Foster Care

A child or an adult placed in a foster care facility by a Federal, State or local governmental foster care program cannot be required to be considered a member of a food stamp household. The household that provides the foster care may elect to consider the person in foster care as a boarder or to include the person as a household member. See FSC 5708 for additional information.

If the person in foster care is to be considered a boarder, the foster care payment will be excluded entirely. If the person is to be considered a household member, the entire payment will be counted as income.

This policy does not extend to adults placed in foster care either through for-profit or non-profit private agencies. The existing policies in FSC 1624 or FSC 1630 will apply to these individuals. Children "taken in" by neighbors, friends or relatives without formal placement by a governmental agency will be considered household members if they meet other eligibility requirements.

A person in foster care who is considered to be a boarder will be listed on the (DCO-233) Food Stamp Authorization Document with a code 4 in the member status field.