Effective Date - Jan 1, 2009

507                 Including/Excluding Individuals for SNAP and POWER

SNAP – 7 CFR 273.1 and .11P.L. 105-183

A.    Treat income, assets and deductions as indicated in the following table for excluded, sanctioned or disqualified individuals.

Treatment of Income, Assets and Deductions of Excluded Individuals

Code

Situation

Income

Assets

Deduction

(Individual’s needs are excluded from assistance unit size when determining benefit level)

OU

Ineligible boarder residing with SNAP assistance unit

Exempt

Exempt

None

OU

Ineligible student

Exempt

Exempt

None

DI

ABAWD

Prorated

All

Prorated

 

 

 

 

(SUA not

prorated)

DI

Individual who failed to meet the SSN requirement

Prorated

All

Prorated

 

 

 

 

(SUA not

prorated)

DI

Individual who refused to attest to citizenship

Prorated

All

Prorated

 

 

 

 

(SUA not

prorated)

DI

Ineligible immigrant

*See Section 907 for proration of shelter deductions.

Prorated

All

Prorated

(SUA not

prorated)

DF

Work requirements**

     1.  Work registration/UIB       3.  Voluntary quit

     2.  Reduction of work effort    4.  E&T

All

All

All

DF

Individual disqualified for IPV

All

All

All

DF

Individuals found to have used or received benefits in a transaction involving the sale of a controlled substance.

All

All

All

DF

Individuals found to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives.

All

All

All

DF

Fleeing felon/Probation or parole violator

All

All

All

DF

Ten year penalty period when found guilty through an admin hearing or court of receiving/trying to receive multiple SNAP benefits in one month

All

All

All

DF

Individual found guilty of trafficking SNAP over $500

All

All

All

DF

*Noncooperation with POWER/POWER-SASFA or Tribal TANF (see Section 1102)

All

All

All

 

The sanction/disqualification is by individual NOT the assistance unit.

** Mandatory minimum penalty applies.

 

 

POWER - ARW, Chapter 1, Section 6

B.    Require the following individuals to be included in one POWER assistance unit:

1.    The natural, legal or adoptive parent(s) of a dependent child;

2.    The blood related or adoptive brothers and sisters of the dependent child who are themselves dependent children and who meet all eligibility factors.  (An emancipated minor is not considered a dependent child.)  (see E. and F.)

                    C.  Exclude the following individuals from the assistance unit and treat

   the income and assets as indicated in the table.

Treatment of Income, Assets and Deductions of Excluded Individuals

SEPA

Code

Situation

Income

Assets

Penalty

UNIN

Code

OU/S

An individual who receives SSI benefits (OU = adult, SS = child)

N/A

N/A

N/A

 

OU

An individual for whom IV-E, other federal, state, or local foster care maintenance payments are being made

N/A

N/A

N/A

 

OU

An immigrant who is ineligible due to deeming the income of their sponsor or due to sponsorship by an agency or organization

(see Section 901)

N/A

N/A

N/A

 

  DI

A fugitive felon/probation or parole violator

All

All

N/A

XF/XV 

  DI

An illegal immigrant

All

All

N/A

XA

 DI

An individual convicted of fraud  or IPV

All

All

N/A

XG

  DI

An individual receiving/trying to receive assistance in  more than one state (10 year penalty)

All

All

N/A

XG

D.   Emancipated minors and parents age 18 and over must be in a separate assistance unit and are no longer in their parents' unit.

E.    Determine who is to be included in the assistance unit in the following order with 1. being the highest level:

1.    Married couple/two-parent assistance unit with at least one dependent child in common;

2.    Stepparent;

3.    Single parent assistance unit;

4.    Caretaker relative.

F.    DO NOT allow eligibility for a stepparent situation, a single parent assistance unit or the needs of a caretaker relative if ineligibility for the married couple/two parent assistance unit does not exist solely due to noncompliance with a performance requirement.

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NOTES: