507 Including/Excluding Individuals for Food Stamps and POWER
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Food Stamps – 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.
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Treatment of Income, Assets and Deductions of Excluded Individuals |
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Code |
Situation |
Income |
Assets |
Deduction |
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(Individual’s needs are excluded from assistance unit size when determining benefit level) |
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|
OU |
Ineligible boarder residing with FS 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 906 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 FS benefits in one month |
All |
All |
All |
|
DF |
Individual found guilty of trafficking FS over $500 |
All |
All |
All |
|
DF |
*Noncooperation with POWER/POWER-SASFA or Tribal TANF (see Section 1102) |
All |
All |
All |
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The sanction/disqualification is by individual NOT the assistance unit. |
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** Mandatory minimum penalty applies. |
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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 , apply the $100 penalty, as appropriate, and treat the income and assets as indicated in the table.
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Treatment of Income, Assets and Deductions of Excluded Individuals |
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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 |
Any individual who is ineligible because s/he entered the assistance unit ten months after initial qualification (see Section 1504) |
All |
All |
N/A |
|
|
DI |
A fugitive felon/probation or parole violator |
All |
All |
Up to $100 |
XF/XV |
|
DI |
An illegal immigrant |
All |
All |
Up to $100 |
XA |
|
DI |
An individual convicted of fraud or IPV |
All |
All |
Up to $100 |
XG |
|
DI |
An individual receiving/trying to receive assistance in more than one state (10 year penalty) |
All |
All |
Up to $100 |
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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