FSC Manual 04/01/92

1700 The Effect of Striking Members on Households

A strike is a concerted stoppage of work by employees. This includes stoppages caused by the expiration of a collective bargaining agreement. Strikes also include concerted slowdowns and the interruption of operations by employees. Households with striking members are not sanctioned.  Nor are the striking members disqualified. However, there are special provisions that apply to these households. These provisions are listed below:

1. Households with striking members are not eligible for food stamps unless they were eligible based upon the household's income as of the day before the strike began or they were participating in the Food Stamp Program the day before the strike began.

2. Households with striking members who are currently participating in the Food Stamp Program will not receive an increase in food stamps as a result of the decrease in the income of striking members.

3. Strikers in eligible households who were exempt from work registration requirements the day prior to the strike solely due to employment must comply fully with all work registration requirements (including the E&T Program and Workfare) while on strike.

FSC Manual 04/01/92

1710 Striker Status

Certain individuals are not considered strikers even though the plant or company where they are employed is the subject of a strike or walkout. These individuals are:

1. Employees whose workplace is closed by an employer in order to resist demands of the employees (e.g. - a lockout);

2. Employees who are unable to work as a result of striking employees - e.g. striking newspaper printers prevent the printing of the newspaper and consequently truck drivers cannot work because there are no newspapers to deliver;

3. Employees who are not part of the bargaining unit (union) but who do not want to cross the picket line because of fear of personal injury or death; and

4. Employees who were exempt from the work registration requirements the day prior to the strike for any reason other than employment.

FSC Manual 12/01/98

1720 Determining Resources for Households with Striking Members

To determine the household's resource level, the county office worker must consider all countable resources available to the household at the time of the interview.

Since many strikers have recent long term, regular employment, emphasis must be placed on determining countable resources. In particular, the possibility that the household owns several late model cars or recreational equipment such as boats or campers will be explored.

Vehicles normally exempt from a determination of equity value because they are used for transportation to the job site where the strike has occurred do not lose this exemption during the strike. However, the vehicle's fair market value in excess of $4,650 will continue to be considered a resource.

Resources, including allowable resource levels, are explained in [FSC 4300].

FSC Manual

01/01/07

1730 Determining Eligibility Based Upon Income

When a household with a striking member applies for food stamp benefits, the household's pre-strike income eligibility will be determined first. If the household's income was within the applicable gross and net limits as of the day before the strike, the household's current eligibility will be determined. A description of this process follows:

Step 1 Determine the household's pre-strike income eligibility by considering the day before the strike as the date of application and assuming the strike did not occur. All allowable deductions will be applied when determining net income. If the household was ineligible as of the day before the strike, the food stamp application will be denied. If the household was eligible as of the day before the strike, go to step 2 below.

Step 2 Determine the household's current eligibility by comparing the striking member's current income to his or her income as of the day before the strike. Add the higher of these two amounts to the current income of all non-striking household members. Allow all applicable deductions such as the earned income deduction. The household must meet the gross and (if applicable) net income limits for the appropriate household size.

Example

Mr. Green applies for food stamp benefits on May 1. Mr. Green, age 45, is employed by ABC Inc. He is a member of the union and is participating in a strike against ABC Inc. He has four members in his household. His income as of the day before the strike was $10 per hour for a 40 hour week. There was no other income in the home. Mr. Green reported a house payment of $375 per month including taxes and insurance. He reported utility expenses as listed:

  First, pre-strike income is determined. 

Gross income pretest

                                    $    10.00  per hour

                                       x      40  hours

                                    $  400.00

                                       x 4.334  conversion factor

                                    $1,733.60  ($1,734 rounded) gross income 

Based upon the October 2002 gross income limits of $1,961, Mr. Green's household passed the gross income pretest. 

Net income eligibility     $  1,734  gross earned income

                                         x   20%

                   $346.80  ($347 rounded) earned income deduction 

                                    $ 1,734  gross earned income

                - 347 earned income deduction

                                    $ 1,387  net earned income

                                        - 134  standard deduction for a household size of 4(as of October 2002)

                                    $ 1,253  adjusted gross income 

Shelter costs                 $375  house payment

                                    +212  utility standard (as of October 2000)

                                    $627  total shelter 

                                   $1,253  adjusted gross income

                                   x     50%

                                   $   627   

                                   $  587  total shelter

                                   ‑ 627  (50% adjusted gross income)

                                   $      0  excess shelter 

                                   $ 1,253 adjusted gross income

                                     -       0

                                   $ 1,253  net income   

$1,961 is the maximum net income allowable for a household of four as of October 2002.  Mr. Green was eligible as of the day before the strike. 

Second, current income is determined.   

Mr. Green's current income is $50 per week in strike benefits.  In addition, his wife is now working 40 hours per week earning $6.00 per hour.  The worker compares Mr. Green's current income of $217 per month ($50 x 4.334 = $216.70 rounded to $217) to his pre-strike income of $1,734 per month.  His pre-strike income is greater and will be added to Mrs. Green's current income to determine eligibility. 

Mrs. Green's monthly income is calculated. 

                        $        6.00 per hour

                        X          40 hours per week

                        $   240.00 per week

                        X     4.334 conversion factor

                        $1,040.16 ($1,040 rounded) gross earned income 

Mr. and Mrs. Green's income is added together. 

                        $1,734 Mr. Green's income

                        +1,040 Mrs. Green's income

                        $2,774 total gross income 

The household's current total gross income is $2,774.  This figure is compared to the gross limit for a household of four.  This figure (as of October 2002) is $1,961.  The household is not eligible to participate in the Food Stamp Program.

FSC Manual 12/01/98

1740 Verification/Documentation

The county office worker must verify and document the income of all household members from all sources. Both the pre-strike and current income of striking members must be verified.

All income (pre-strike and current) must be documented in sufficient detail to determine if the correct income was used in the budget. All calculations pertaining to pre-strike and (if applicable) current eligibility must appear and must be adequately labeled.

FSC Manual

01/01/07

1800 Institutions

In the Food Stamp Program, an institution is an established organization that offers meals and lodging as a part of normal operation.  Examples of institutions are schools and colleges with dormitories, prisons, and rehabilitation and treatment centers (including certain mental health centers), group living arrangements, shelters for the homeless, shelters for battered women, extended care hospitals and nursing homes. 

An individual is a resident of an institution when an institution provides an individual with the majority (over 50% of three meals daily) of his or her meals as part of the institution's normal services. 

Residents of institutions are not eligible to participate in the Food Stamp Program except as listed below: 

1.      Residents of federally subsidized housing for the elderly. 

2.      Narcotic addicts or alcoholics who reside at a facility, treatment center or certain mental health centers for the purpose of regular participation in a drug or alcoholism treatment and rehabilitation program.   

3.      Disabled (as defined in the Glossary, definition of Aged/Disabled Household) residents of group living arrangements. 

4.      Women or women with their children who are temporarily residing in a shelter for battered women and children. 

5.      Residents of shelters for the homeless. 

Shelters for the homeless include the following: 

a)      Supervised shelters such as welfare hotels or congregate shelters

b)      Halfway houses or similar institutions that provide temporary accommodations for individuals as an alternative to institutionalization 

Generally, residents of institutions are certified under the provisions that apply to all other households.  Such residents are also entitled to the same rights (notices of adverse action, administrative hearings, restoration of lost benefits, etc.) as other food stamp households.

FSC Manual 01/01/07

1810 Residents of Federally Subsidized Housing for the Elderly  

There are no special provisions for the certification of residents of federally subsidized housing for the elderly.  Housing residents may use food stamp benefits to purchase delivered meals or communally prepared meals.  A resident may also purchase food and prepare their own meals if meal preparation facilities are available.

FSC Manual

01/01/07

1820 Residents of Drug Addiction and/or Alcoholism Treatment Centers

A treatment center is any such residential program conducted by a private non-profit organization or institution or a publicly operated community mental health center (under Part B of title XIX of the Public Service Act) to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics.   

In order for the residents of a drug addiction and/or alcoholism treatment center to be certified to receive food stamp benefits, the center must provide evidence that it is tax exempt and certified by the State agency responsible for the treatment and rehabilitation of drug addicts or alcoholics as: 

           Receiving funding under part B of title XIX, or

           Eligible to receive funding under part B or title XIX if no funds are being received: or

           Operating to further the purposes of part B or title XIX to provide treatment and rehabilitation of drug addicts and/or alcoholics. 

Even if the treatment center does not meet one of these criteria, but has been authorized by FNS as a retailer (can use the food stamp benefits to purchase food for residents), the residents may receive food stamp benefits. 

See FSC 981 for additional information. 

Residents of treatment centers must apply and be certified for food stamp benefits through an authorized representative (AR) who is an employee of the treatment center.  Each treatment center will designate in writing an employee to serve as an AR for food stamp purposes.  The county will keep these designations on file and will update the files when a new AR is named by the center.  If the center has multiple locations, each location must be reported to the DHHS county office.  Both the physical address and the mailing address of each location must be provided to the county office. (If the centers are located in different counties, this information should be provided to both DHHS county offices.)

See FSC 980 for the responsibilities of a treatment center serving as an AR.

FSC Manual 12/01/98

1821 Processing Standards

All income and resources of treatment center residents must be reported, verified as mandated by policy, and counted when a food stamp budget is calculated. If a resident incurs a cost for a room at the center, the room cost may be allowed as a shelter cost. Medical costs are allowable as specified in [FSC 6500] if the household is aged or disabled.  (See the [Glossary] definition of an aged/disabled household.)

Each initial application submitted by the treatment center will be evaluated for eligibility as described in [FSC 8100].

Expedited applications will be processed under the standards in [FSC 9400].

Changes in household circumstances will be processed by the standards that apply to all other households. See [FSC 11100] for information on the reporting requirements. See [FSC 12100] for instructions on processing reported changes.

Applications for re-certifications submitted by resident households must be processed using the standards that apply to all other households. See [FSC 10600] when processing timely re-certifications and [FSC 10700] when processing untimely re-certifications.

When an authorized representative becomes aware that a treatment center resident was receiving food stamp benefits when he or she entered the center, the authorized representative (AR) must contact the DHHS county office report that this individual is receiving food stamp benefits.  (Even if the resident is currently receiving food stamp benefits through a DHHS county office in another county, the AR should contact the local DHHS county office.)  This report may take place via telephone, in person, or through the use of a Change Report (DCO-234).  The report should occur within 10 days of the date that the AR becomes aware the resident is currently receiving food stamp benefits. 

The AR must ask the resident if he or she is currently included in a household with other members prior to accessing the account.  Under no circumstances should a treatment center AR access more than a resident’s monthly benefit amount as explained in FSC 981.5.  (The AR may contact the county to confirm the resident’s monthly benefit amount.)  However, if a resident is currently certified with other household members, the treatment center AR must not access the resident’s food stamp benefits.  To do so may cause a hardship on remaining household members. 

Example:    A treatment center resident left behind a wife and several children when he entered treatment.  If the treatment center “swipes out” all of the household’s remaining benefits, the resident’s wife and children will have no means of obtaining food. 

If a resident states he or she is not included in a household with other members but there is a large balance on the account, the treatment center must contact the DHHS county office to confirm the information provided by the resident.

If the treatment center is located in the county where the resident receives food stamp benefits, the DHS county office will determine whether the treatment center resident is the only household member. If the treatment center resident is the only household member, the food stamp case will be adjusted to reflect the household’s current circumstances. 

If the treatment center resident is certified to receive food stamp benefits in a county other than the county where the treatment center is located, the DHS county office where the center is located must notify the county where the resident is certified. If the resident is the only household member, the county office where the resident is certified must close the case and transfer it to the county where the center is located. Once the original case has been closed and transferred, any application submitted by the center may be processed.

If there are other household members, the worker will proceed as instructed in [FSC 12226], "Household Division." Once the original case has been closed and transferred or adjusted, any application submitted by the center for this resident may be processed.

FSC Manual 12/01/98

1822 Household Composition

Normally, treatment center residents are one person households. However, children who live with a parent in a treatment center may be included in the parent's food stamp case. Meals served to the children by the treatment center may be purchased with food stamp benefits.

FSC Manual 12/01/98

1823 Work Registration

Treatment center residents undergoing treatment and/or rehabilitation for drug and/or alcohol abuse are not subject to the work registration requirements.

FSC Manual 12/01/98

12/01/98

1824 Monthly Reports and On-Site Visits

Each treatment and rehabilitation center must maintain a Daily Census Report using form DCO-254. A copy will be provided to the appropriate county office at the end of each month. Daily and monthly totals must be shown. If a treatment center has multiple locations, each location must maintain and submit Daily Census Reports.

County offices will make random on-site visits to each participating treatment and rehabilitation center located in that county. At least one such visit will be made each year. If a center has multiple locations, each site must be visited. The purpose of the visit will be to ensure the accuracy of the Daily Census Report by comparing it to the center's records. A Record of On-Site Visit (DCO-263) will be used to document the on-site visit. The [DCO-263] may be accessed via DHS GOLD.

FSC Manual 12/01/98

1825 When Residents of Treatment Centers Leave

A center may no longer act as an AR for a resident after the resident leaves the treatment center. See [FSC 981.4] for specific procedures.

FSC Manual 12/01/98

1830 Residents of Group Living Arrangements

A group living arrangement is a public or private nonprofit residential setting serving no more than sixteen residents that is authorized by Food and Nutrition Services as an authorized retail store and/or certified by Developmental Disabilities Service (DDS) as a residence for disabled individuals. To be eligible for food stamp benefits, a resident of a group living arrangement must be disabled as defined in the [Glossary], items 2-15 under "Aged/Disabled Households."

A resident of a group living arrangements may apply and be certified as a one-person household through an authorized representative (AR) designated in writing by the group living arrangement.  The resident may also apply and be certified on his or her own behalf if the group living arrangement has determined the resident is capable of handling the application process.  Last, the resident may apply and be certified through an AR of his or her own choice as determined permissible by the group living arrangement.

An organization, institution, or group living arrangement that applies on behalf of each resident will receive and spend these food stamp benefits for food to be prepared by and/or served to the resident. An eligible resident may also be allowed to use all (or any portion) of the food stamp benefits on his or her own behalf.

A resident may use his or her food stamp benefits to purchase meals prepared by the facility and served either individually or communally; to purchase and prepare food for his or her own use; or to purchase meals prepared and served by members of the group living arrangement.  If personalized meals are prepared and paid for with food stamp benefits, the group living arrangement must ensure that the resident's food stamp benefits are used for meals intended for that resident.

FSC Manual 12/01/98

1831 Processing Standards

Processing standards for group living arrangements are the same as for Drug Addiction and Alcoholism Treatment Centers. See [FSC 1821] for an explanation of these standards.

FSC Manual 12/01/98

1832 Household Composition

Food stamp applications will be accepted for an individual applying as a one-person household or for any grouping of residents applying as a household.  The household will make either through an AR or through direct application applications for groups of residents.  (Any group living residents who apply through the group living arrangement's AR must be certified as a one-person household.)

FSC Manual 12/01/98

1833 Work Registration

Residents of group living arrangements are not subject to work registration.

FSC Manual 12/01/98

1834 When Residents of Group Living Arrangements Leave

A group living arrangement will no longer act as AR for a resident when the resident leaves the arrangement.

If the group living arrangement is acting as an AR for a resident when that resident leaves the facility, the group living arrangement will return the resident’s EBT card to the resident. The resident, not the group living arrangement, will be entitled to any EBT benefits remaining in the account when the resident leaves.

If the resident leaves before the 16^th day of the month, the resident is entitled to at least one-half the full monthly benefit amount. If the resident leaves after on or after the 16^th day of the month and all the food stamp benefits have already been used on behalf of the resident, he or she will not be entitled to any additional benefits for the month.

Any resident of a group living arrangements who has made application in his or her own behalf is responsible for reporting changes in his or her circumstances to the DHS county office. If the group living arrangement is acting in the capacity of an authorized representative, the responsible group living arrangement employee must notify the county office of changes in the household’s income or other circumstances. This includes reporting if the resident leaves the group living arrangement.

Each group living arrangement must maintain a Daily Census Report using form DCO-254. A copy will be provided to the appropriate county office at the end of each month. Daily and monthly totals must be shown. If a treatment center has multiple locations, each location must maintain and submit Daily Census Reports.

County offices will make random, periodic on-site visits to each participating group living arrangement located in that county. If a center has multiple locations, each site must be visited. The purpose of the visit will be to ensure the accuracy of the Daily Census Report by comparing it to the center's records. A Record of On-Site Visit (DCO-263) will be used to document the on-site visit. The DCO-263 may be accessed via DHS GOLD.

FSC Manual 12/01/98

1840 Residents of Shelters for Battered Women and Children

Only residents of shelters for battered women and children that meet the following definition may participate in the Food Stamp Program:

Definition: A public or private non-profit residential facility that serves battered women and their children. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women.

The name of the shelter must be documented in the case record.

NOTE: Shelters having FNS authorization to redeem food stamp benefits at wholesale operations will be considered as having met this definition and no further determination will be necessary.

FSC Manual 12/01/98

1841 Certifying Residents of Shelters for Battered Women and Children

The resident may elect to make application for food stamp benefits or to have an AR of their choice apply on their behalf. If a resident's children live with the resident in a shelter, the children must be included in her food stamp household.

A shelter resident will be certified based solely upon his or her current income and allowable expenses without regard to the income and expenses of the former household. Room payment incurred at the shelter will be considered a shelter expense.

Resources will be considered inaccessible to residents if the resources are jointly owned by the resident and members of the former household and the resident's access to the resources is dependent upon the agreement of the joint owner who still resides in the former household.

Shelter residents entitled to expedited service will be processed in accordance with the postponed verification procedures explained in [FSC 9441.1].

Shelter residents are subject to the work registration requirements unless otherwise exempt.

FSC Manual 12/01/98

1841.1 Residents Who Have Already Participated in the Current Month

A resident of a shelter for battered women and children currently included in a food stamp household with the person who abused them may be allowed to apply for and (if determined eligible) receive additional food stamp benefits for the current month as a separate household.

Example 1: Mr. and Mrs. Smith and their two children were certified to participate in the Food Stamp Program for the period of October through December. Benefits were issued on October 1st. On October 10th, Mrs. Smith and the two children left the home and entered a shelter for battered women and children. On October 11th, Mrs. Smith applied as a separate household and was determined eligible on October 14th as a three-person household. None of Mr. Smith's income was considered.

Proration of food stamp benefits will apply. See [FSC 8610] for proration procedures.

Example 2: Benefits for Mrs. Smith would be prorated to the date of application - October 11th.

Shelter residents may receive an additional issuance of benefits as a separate household only once a month.

Example 3: If Mrs. Smith left the center on October 18th, moved back in with Mr. Smith, and then entered the center again on October 25th, she would not be eligible to receive additional food stamp benefits as a separate household in October.

In some instances, the shelter resident that applies for additional benefits was the head of the original household. In these instances, no additional benefits will be issued. Instead, the original EBT card will be voided, and a new EBT card and PIN will be issued as instructed in [FSC 14134].

FSC Manual 12/01/98

1841.2 Action on Former Households

The worker must take prompt action to change the former household's food stamp benefit amount or to close the case if necessary. (The period of certification may not be shortened.)  A notice of adverse action will be issued.  The former household will be responsible for any over-issuance that occurs due to failure to timely report that the battered members have left the home.

See [FSC 12450] for information on case adjustments based on information made known to the Agency.

See [FSC 15400] for an explanation of handling over-issuances that occur due to changes that were reported untimely.

FSC Manual 12/01/98

1850 Homeless Households

A homeless individual is an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is one of the following:

1. A supervised shelter designed to provide temporary accommodation - e.g., a welfare hotel or a shelter for the homeless

2. A halfway house or a similar institution that provides temporary accommodations for individuals as an alternative to institutionalization

3. A temporary accommodation (lasting no longer than 90 days) in the residence of another individual

4. A place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Examples are a hallway, a bus station, a lobby or similar places

Households composed entirely of homeless individuals are considered to be homeless households.

Homeless households, including residents of temporary shelters for the homeless, may be certified to receive food stamp benefits if otherwise eligible. This is true even if the shelter does not participate in the program as a homeless meal provider. Homeless households are subject to all eligibility factors. See the summary of non-financial eligibility requirements in [FSC 7200]. See the summary of financial eligibility requirements in [FSC 7210]. Homeless households have the same rights as any other household. See [FSC 1330] for the procedures for verifying residency for homeless households.

Eligible homeless households may use food stamp benefits in the same manner as any other eligible household. [See FSC 120]. However, eligible homeless households may also use food stamp benefits, on a voluntary basis, to purchase prepared meals from authorized homeless meal providers.

FSC Manual 12/01/98

1851 Authorized Homeless Meal Providers

A homeless meal provider is an establishment that has been authorized by the Food and Nutrition Service (FNS) to accept food stamp benefits in payment for meals. A public or private, non-profit establishment which feeds homeless individuals may submit an Application for Homeless Meal Provider Status (DCO-223) to the DHS County Office in the county where the establishment is located. Approved applications will be forwarded by DHS to FNS for the necessary authorization to accept food stamp benefits in payment for meals. See [FSC 1852]. 

Homeless meal providers must abide by the following policies:

1. The meal provider must serve meals that include food purchased by the provider. Meal providers serving meals prepared wholly from donated foods will not be eligible for authorization.

2. Only homeless food stamp households will be permitted to use food stamp benefits to purchase meals prepared by the meal provider. The meal provider must establish the household's right to use food stamp benefits to purchase meals.

3. The use of food stamp benefits to purchase meals from the meal provider must be voluntary on the part of food stamp households.

4. Food stamp households must continue to be given the option of using cash if the meal provider requires payment for a meal.

5. If others have the option of eating free or making a monetary donation, food stamp households must be given this same option - eat free, or donate money or food stamp benefits.

6. The amount requested from food stamp households to purchase meals may not exceed the average cost of the food contained in a meal served by the meal provider. This refers to the direct cost of food used in preparation of meals. It does not include the value of food donated by USDA or private individuals or companies. Neither does it include the costs of transportation, storage or preparation of the food. Average costs will be determined by averaging allowable food costs over a period of up to one calendar month.

7. Meal providers will not be allowed to serve as authorized representatives. See [FSC 920].

FSC Manual 12/01/00

08/01/04

1852 Disposition of Homeless Meal Provider Applications

Organizations interested in accepting food stamp benefits from the homeless in payment for prepared meals will be referred to the local county DHS office. The ES Supervisor or designee will issue an Application for Homeless Meal Provider Status (DCO-223) to the organization. The organization must complete this form and return it to the county office. After the form has been returned, the ES Supervisor or a designee will visit the feeding site to determine that meals are being served to homeless households. A Meal Provider Visit Record and Disposal (DCO-224) will be completed during the visit and routed according to the instructions on the form.  Both the DCO-223 and the DCO-224 are available on DHS-Gold.

No organization will be authorized as a meal provider if:

1. The organization does not prepare and serve meals as part of normal service;

2. The organization serves meals prepared wholly from food donated by U.S.D.A., private companies or individuals; or

3. None of the clientele served by the organization can be classified as homeless as defined in the [Glossary] under the definition of a "Homeless Household."

Denials of authorized meal provider status will be reviewed by the Manager of the Food Stamp Section prior to notification of the Center. When the DCO County Administrator determines that an organization should not be authorized as a meal provider, one copy of the DCO-223 and all copies of the DCO-224 will be sent to the manager of the Food Stamp Section, Slot S335. If the manager agrees with the decision to deny authorization, he or she will sign the DCO-224 and return the original and two copies to the county. One copy will be retained in the Food Stamp Section.

If the manager does not agree with the denial, the Area Director will be contacted.  The a Area Director will make the final decision about the disposition of the application.

For approvals, both the original DCO-223 and the original DCO-224 will be sent to the Food Stamp Section, Slot S335, and then forwarded by the Food Stamp Section to the U.S. Department of Agriculture, Food and Nutrition Service, Room 3313, Federal Building, Little Rock, AR 72201.

FSC Manual 06/15/98

1900 Classifying Households

Households will be classified in accordance with the provisions of this section.

FSC Manual

08/01/04

1910 Aged/Disabled Household

FSC Manual

08/01/04

FSC Manual 6/01/05

1920 Categorically Eligible Household

A categorically eligible household is any household in which all members receive (or are authorized  to receive) Supplemental Security Income (SSI) or at least one member receives (or is authorized to receive) a Transitional Employment Assistance (TEA) benefit as defined in FSC 1920.2. "Authorized to receive" means that an individual has been determined eligible for benefits and has been notified of this determination even though the benefits have not yet been received. The fact that TEA or SSI benefits have been suspended, recouped, or are less than the minimum amount paid will have no impact on a determination of categorical eligibility. 

No household may be classified as a categorically eligible household if:

1.  the entire household is institutionalized and the institution is not listed at FSC 1800 as a an institution where residents may participate in the Food Stamps Program.

OR

2.  Any member of the household is disqualified for an an intentional program violation as defined in FSC 16600 and FSC 16800.

OR

3. Or any member of the household has been disqualified for a drug-related felony under the provisions in FSC 1622.20.

No household member will be included s an eligible member of a categorically eligible household if that member is:

•   An eligible alien as defined in FSC 1621.
•   An eligible student as defined in FSC 1622.2.
•   Disqualified for failure to comply with a work registration requirement as defined in FSC 3400.

1920.1           Categorically Eligible Households-SSI  Recipients       

See FSC 1920 for restrictions to classifying households as categorically eligible.

Unless otherwise restricted, a household will be classified as a categorically eligible household if all household members (eligible and ineligible) receive or are certified to receive SSI benefits.

Example:  A household is composed of a mother and her son.  the mother recieves SSI benefits, but the son does not. The son is an ineligible student.  The household will not be classified as s categorically eligible household.

1920.2       Categorically Eligible Households-TEA Recipients

See FSC 1920 for restrictions to classifying households as categorically eligible. Unless otherwise restricted, a household will be classified as a categorically eligible household if at least one household member receives( or is authorized to receive) one of the following Transitional Employment Assistance(TEA) benefits:

• Child-care assistance – This is limited to child-care assistance paid to current TEA cash assistance recipients and child-care assistance paid to former TEA cash assistance recipients through extended support services. If a TEA case closes due to employment, the former TEA recipient can recieve child care assistance through extended support services for up to 36 months after the date of closure.

• TEA cash assistance – These monthly payments are available to help meet the family’s basic needs while the parent or other adult relative works toward increasing his or her earning potential. An eligible family may receive cash assistance for no longer than 24 months. TEA cash assistance is also available to help meet the needs of children who are being cared for by adult relatives other than a parent. Assistance to such relatives is available without regard to a specified time limit.
• Mentoring services – This service is designed to provide clients with the support needed to move from welfare to work. Mentoring services will be provided as long as it is deemed appropriate by the worker, coordinator and mentee. If the TEA case closes due to employment, these services may be provided for up to six months after the date of closure.  
• Diversion Assistance- This is a one-time payment intended to help a family through a financial problem which jeopardizes employment which, if not solved, could result in the family coming on to regular on-going assistance.

• Case management services and extended case management services – Case management is the process of coordinating and brokering the multiple services needed to achieve progress towards self-sufficiency. Case Managers serve as a point of contact for the client and a point of accountability for the agency. Case management services will be provided to those individuals who need assistance before and after accepting employment. This service will be provided as long as the client is eligible. Extended case management may be provided for up to 12 months after cash assistance has been terminated due to employment.

• Employment Bonus – An Employment Bonus cash payment will be made to any family that becomes income ineligible due to employment or who requests the cash assistance case be closed due to employment. Only one Employment Bonus may be authorized to a family within a 12-month period.

• Transportation assistance – When a TEA case closes due to employment (by agency determination or at the family’s request), the family is automatically eligible to receive two months of Extended Support Services (ESS) Transportation assistance. There is no limit to the number of times a family may receive ESS Transportation assistance.

• Job retention payments – When a TEA case closes due to employment, the family may receive, during the 12-month period following case closure, a cash payment for the purpose of enabling the adult to retain his or her job. The amount of payment will be the actual amount needed to resolve the job-related need.

This list is all-inclusive. Other benefits funded in whole or in part by TANF(TEA) funds will not confer categorical eligibility. This definition applies to a finding of eligibility by the county office.  This means a household cannot be considered categorically eligible under these rules unless at least one household member made application to receive some type of TEA benefit provided  through the DHS county office and was found eligible to receive such benefits.

FSC Manual 06/15/98

1921 Financial Eligibility Factors

A categorically eligible household is not subject to the resource and income limitations of the Food Stamp Program. These households will be considered resource eligible without verification. With regard to income, these households have neither gross nor net income limits. The county office worker must verify the household's income.

FSC Manual 06/01/01

1922 Non-financial Eligibility Factors

If an individual's status as a U.S. citizen or non-citizen national is questionable and was verified for another program, the county office worker will accept participation in that program as proof of citizenship.

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].

A categorically eligible household is considered as having met the social security number information, sponsored alien information and residency requirements for food stamp purposes.

08/01/04

If all members receive or have been authorized to receive SSI benefits  and the household is otherwise entitled to be categorically eligible per FSC 1920, the household is assumed to have met the Food Stamp Program residency requirements, SSN requirements, resource limits and net income limits. All household members must meet the citizenship requirements of [FSC 1621].

If a household is classified as a categorically eligible household because at least one household member receives one of the TEA benefits listed in [FSC 1920.2], the household is assumed to have met the Food Stamp Program residency requirements, resource limits and net income limits. However, those household members that receive neither SSI nor TEA benefits must comply with the Food Stamp Program SSN requirements specified in [FSC 2200]. All household members must meet the citizenship requirements of [FSC 1621].

08/01/04

If all household members receive SSI, if all members receive TEA cash assistance, or if all members receive a combination of TEA cash assistance and SSI benefits, the case will be classified as a categorically eligible household immediately. Otherwise, the county office worker must determine if a household is categorical eligibility if:

• An application for food stamp benefits is about to be denied because the household has resources or income over the Food Stamp Program limits; or
• A food stamp case is about to be closed because the household has resources or income over the Food Stamp Program limit.

Any food stamp application denied or any food stamp case closed due to excess resources or income must contain documentation that the household is not categorically eligible. To assist in the process of applying these rules to households with excess resources of income and documenting the result, a Categorical Eligibility Test (DCO-128) will be used. (The [DCO-128] may be accessed through DHS GOLD.) A DCO-128 must appear in all food stamp denials and closures if the basis of the denial is excess income or resources. Households with a pending TEA application that have been denied benefits due to excess income or resources will be issued a manual denial notice.  The notice must state that if any household member begins receiving TEA benefits, the household may become categorically eligible and that the household may reapply for food stamps benefits.

For all households, the household’s categorical eligibility status will be determined when the food stamp case is adjusted to remove the cash assistance payment amount unless these benefits are being recouped or suspended. If the household continues to be categorically eligible due to receipt of or authorization to receive non-cash TEA benefits through the DHS County Office, the food stamp case will not be closed due to excess resources or income. If the household is no longer categorically eligible, the case will be closed if the household’s income or resources exceed Food Stamp Program limits.

For households receiving or authorized to receive non-cash TEA benefits through the DHS County Office (even if these benefits are being recouped or have been suspended), the household’s categorical eligibility status will be reviewed when the semi-annual report is submitted. If the household is not subject to semi-annual reporting, categorical eligibility will end when the household stops receiving TEA benefits unless these benefits are being recouped or suspended.  Each county should devise some method of monitoring categorically eligible cases so that ineligible households do not continue receiving food stamp benefits when categorical eligibility ends.

If questionable, the worker will verify that the household contains at least one member who receives a TEA benefit authorized through the DHS County Office or contains only members who are SSI recipients. If questionable, the worker will also verify that the household meets the definition of a household as provided in [FSC 1630].

FSC Manual 06/15/98

1930 Regular Households

Regular households are all households that meet neither the aged/disabled criteria nor the categorical eligibility criteria.