Department of Human Services

Food Stamp OnlinePolicy Manual

Household Concept

 

Revised:

 

2.11

TREATMENT OF EXCLUDED HOUSEHOLD MEMBERS IN DETERMINING FINANCIAL ELIGIBILITY

Food Stamp Table of Contents

1240-1-2-.02(4)(b)

1.      Ineligible Alien, Questionable Citizenship and Enumeration Disqualification

 

                       i.      Resources

 

Count the entire amount of the excluded individualís resources as available to the remaining household members.

 

                     ii.      Income

 

Count a pro rata share of the excluded household memberís income as available to the remaining household members.

 

Use the following procedures to determine the pro rata share:

 

(I)     subtract the allowable exclusions from the excluded memberís income;

(II)   divide the remaining countable income evenly among all householdmembers, including the excluded member; and count all but the excluded memberís share as income available to the remaining household members.

 

                   iii.      Deductible Expenses

 

(I)     When the excluded HH member has earned income, prorate the earned income among all HH members. Apply the 20% earned income deduction to the portion of the earned income to be considered available to the eligible HH member.

 

(II)   When the excluded HH member is billed or pays all or a portion of the HHís allowable shelter and/or dependent care expenses, divide the portion paid by the excluded HH member evenly among all HH members, including the excluded HH member.

 

(III) If the excluded HH member is the only elderly or disabled HH member, do not allow the HH a medical deduction or an unlimited excess shelter deduction.

 

                   iv.      Reduction/Termination of Benefits Within the Certification Period

 

Take the following steps when an individual is excluded within a householdís certification period.

 

(I)     Using the information available in the case, determine the eligibility or ineligibility of the remaining HH members;

 

(II)   Provide the HH with a Notice of Adverse Action informing the HH of the following:

 

                                                                 I.   the reason for the exclusion;

                                                               II.   the eligibility and benefit level of the remaining HH members; and

                                                             III.   the actions the HH must take to end the exclusion.

 

2.      Intentional Program Violation (IPV) and Work Program Disqualifications

 

                    i.      Resources

 

Count the entire amount of the disqualified memberís resources as available to the remaining HH members.

 

If the HH is composed of two or more persons, and the disqualified individual is the only elderly person who would have been entitled HH to the $3000 resource limit, the resource limit applied to the remaining HH member will be $2000.

 

 

                  ii.      Income

 

Count the entire amount of the disqualified memberís countable earned and/or unearned income as available to the remaining HH members.

 

                iii.      Deductible Expenses

 

All expenses, including those of the excluded HH member, continue to apply to the remaining HH members. These include:

 

                                            I.        allowable earned income deduction;

                                          II.        the standard deduction;

                                        III.        medical deduction, if applicable;

                                       IV.        dependent care deduction, if applicable; and

                                         V.        excess shelter deduction

 

                iv.      Computation of the Food Stamp Budget

 

The IPV individual is kept in the budget for determining the shelter standard deduction amount. The person disqualified due to work requirements is not kept in the budget for determining the SUA.

 

                  v.      Reduction/Termination of Benefits Within the Certification Period

 

Take the following steps when an individual is disqualified within a HHís certification period:

 

(I)     use the information in the case and determine the eligibility or ineligibility of the remaining HH members;

(II)   notify the remaining HH members of their eligibility and benefit level at the same time the disqualified member is notified of his/her disqualification using the Disqualification Notice; and

(III) inform the HH that it may request a fair hearing to contest the reduction or termination of benefits unless it has already had a fair hearing on the claim. The HH will receive a Notice of Adverse Action from ACCENT.

 

3.      Convicted oftrafficking in food stamps of $500 or more

 

Second violation of a finding by a federal, state or local court of trading of benefits for a controlled substance; first violation based upon a finding by a federal, state or local court of the trading of firearms, ammunition or explosives for benefits; convicted of a felony offense which occurred after August 22, 1996 and involving the possession, use, or distribution of a controlled substance, except as provided at 1240-1-2-.02(4)(a)11; or determined to be a fleeing felon or a probation/parole violator.

 

(i)            Length of Penalty

 

These individuals are permanently disqualified from receiving Food Stamp benefits.

 

(ii)          Resources and Income

 

The individualís resources and income are counted in full to the remaining Food Stamp household members. No amount is prorated to the ineligible individual.

 

(iii)        Deductions

 

The individual is not counted in computing the householdís utility standard amount nor in the allotment amount.

 

4.      An individual is found to have made a fraudulent statement or representation with respect to identity or residence in order to receive multiple benefits simultaneously.

 

(i)            Length of Penalty

 

The individual is disqualified from receiving from receiving Food Stamp benefits for ten years.

 

(ii)          Resources and Income

 

The income and resources of the disqualified individual are counted in full to the remaining Food Stamp household members. No pro rata share is given to the disqualified individual.

 

(iii)        Deductions

 

The disqualified individual is not counted in the household size to determine the utility standard nor allotment amount.

 

5.      Ineligible Able-Bodied Adults Without Dependents (11/22/96)

 

(i)            Length of Time

 

Within a thirty-six month period, the ABAWD individual is eligible for six months of eligibility. This individual may be eligible for an additional three months of continued eligibility based upon an exemption or being able to maintain eligibility. (Refer to Section 1240-1-3-.43 for more information).

 

(ii)          Resources and Income

 

When the ABAWD individual is removed from the household, his/her resources are counted in full to the remaining Food Stamp HH members. The ABAWD individualís income is prorated and only the remaining householdís portion is considered.

 

(iii)        Deductions

 

Deductions paid by or billed to the ineligible ABAWD are prorated.

 

Glossary of Terms

 

Food Stamp Table of Contents