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Department of Human Services Food Stamp Online Policy
Manual Household Concept |
Revised: |
2.11 |
TREATMENT OF EXCLUDED HOUSEHOLD MEMBERS IN DETERMINING FINANCIAL
ELIGIBILITY
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1240-1-2-.02(4)(b) |
1. Ineligible Alien, Questionable Citizenship and Enumeration Disqualification i. Resources Count the entire amount of the excluded individual’s resources as available to the remaining household members. ii. Income Count a pro rata share of the excluded household member’s 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 member’s income; (II) divide the remaining countable income evenly among all household members, including the excluded member; and count all but the excluded member’s 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 HH’s 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 household’s 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 member’s 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 member’s 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 HH’s 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 of trafficking 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 individual’s 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 household’s 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 individual’s income is prorated and only the remaining household’s portion is considered. (iii) Deductions Deductions paid by or billed to the ineligible ABAWD are prorated. |
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