Effective Date - Jul 1, 2011
406 SNAP Migrants/Seasonal Farmworkers
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SNAP – 7 CFR 273.2, .7, .9 - .10 |
Use the following criteria to determine whether an assistance unit is classified as destitute and entitled to expedited service (see Sections 405 and 406) and special income calculation procedures.
A. Consider an assistance unit destitute to determine eligibility for expedited services:
1. The liquid assets (non-liquid assets are not considered) of the assistance unit are $100 or less;
2. The only income in the month of application was:
a. Received prior to the date of application and from a terminated source; or
b. Received from a new source and not more than $25 will be received by the tenth calendar day after the date of application; or
c. A combination of a. and b.
3. The only income was from a terminated source:
a. The income will not be received again from the same source during the balance of the month of application; and/or during the following month;
b. The income will not be received again in the month in which the next payment would normally be received, i.e. quarterly income; and
4. Income from a new source:
a. The income is normally received monthly or more often; and
b. The income is of no more than $25; and
c. The income was received within 30 days prior to the date of application; or
d. The income is received less often than monthly if no more than $25 was received from the source within the last normal interval between payments.
5. Consider travel advances to cover the travel costs of new employment as:
a. Exempt unearned income if excluded as reimbursements; or
b. Nonexempt earned income when received if the travel advance is an advance of wages, per written contract, and will be subtracted from wages later earned by the employee.
6. Consider a migrant/seasonal farmworker who changes from one grower to another, regardless of the crew chief, to have moved from a terminated source of employment to a new source of employment.
B. Determine if the assistance unit meets the expedite criteria when not eligible under the destitute assistance unit criteria.
C. Calculate benefits for the month of application as follows:
1. Consider only income from a terminated source which is received between the first of the month and the date of application; and
2. Disregard income from a new source in the month of the new certification if income of more than $25 will be received from the new source by the tenth calendar day after the date of the assistance unit’s normal issuance cycle;
3. Disregard any travel advances considered reimbursement; or
4. Count any travel advances which, as part of the contract, are part of the wages and considered an advance of wages.
D. Exempt a migrant farmworker and seasonal farmworker from the work registration requirements when the individual is under contract or similar agreement for at least 30 hours per week with an employer or crew chief and will begin employment within 30 days.
E. Certify migrant/seasonal farmworkers as follows:
1. Certify the assistance unit only for the month of application when verification has been postponed.
2. Assign the assistance unit the longest certification period possible, not to exceed 12 months, based on the predictability of the assistance unit’s circumstances;
3. Certify the assistance unit for the full month if reapplication is made within 30 days of the last termination date.
F. Treat assets of migrant/seasonal farmworker assistance units as follows:
1. Exempt the entire value of any licensed vehicle necessary for long distance travel needed for employment other than daily commuting, including when temporarily not in use;
2. Exempt the home when temporarily unoccupied for reasons of employment:
a. Allow the shelter costs when the assistance unit intends to return; and
b. The current occupants of the home, if any, are not claiming the shelter costs for SNAP purposes; and
c. The home is not leased or rented during the absence of the assistance unit.
3. Count all nonexempt assets of an ineligible immigrant.
G. Treat income of migrant/seasonal farmworker assistance units as follows:
1. Exempt the earned income of a child(ren) who is a member of the assistance unit and:
a. Is a student at least half-time; and
b. Has not reached her/his 18th birthday; and
c. Is under the parental control of another assistance unit member.
2. Continue the exemption during temporary interruption in school attendance due to semester or vacation breaks provided the attendance will resume following the break.
3. Exempt the prorated share of the child’s income if the child(ren) meets 2. and is part of the working assistance unit:
a. Divide the total income projected by the total persons working.
4. Prorate all of the nonexempt income of an ineligible immigrant (see Section 507).
H. Use the DFS 303 to verify the anticipated income of the migrant/ seasonal farmworker assistance unit.
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