602-1 A.     HOUSEHOLDS

1. Household Concept

A household is defined as any of the following:

1. An individual living alone.
2. An individual or group of individuals living with others, but that customarily purchase food and prepare meals for home consumption separate and apart from the others.
3. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

Exception:

An individual at least 60 years old (and that individual's spouse if in the home) may be considered a separate household even though living with others and customarily purchasing food and preparing meals together if:

• The individual is unable to purchase food and prepare meals due to a permanent disability; and

• The household with whom the individual lives has a gross income that does not exceed 165% of the poverty level.  Refer to Addendum 4 for these amounts.

To apply this gross income test, the household is treated as a regular household applying for SNAPSupplemental Nutrition Assistance Program except that the incomes of the elderly disabled person and spouse are not considered in the calculations, nor are they considered part of the household size.  Elderly disabled individuals must furnish a physician's statement saying they are unable to purchase food and prepare meals if the situation is questionable.

If the elderly and disabled household member is the caretaker relative for children living in the home, the elderly and disabled household member cannot be separated from the children.

When people live in more than one household during the calendar month, consider them in the household where they eat at least 51% of their meals.

An individual can only be in one SNAP household during a given month. A child may get SNAP in the SNAP household where they are "living". We do not use a set number of hours or days someone must sleep in the home to decide if a child is living in the home. If a child stays with their parents who do not live together, we decide where the child lives based on the actual living arrangements.

1. If the child lives in one home 51% of the time, and the other home for the rest of the time, they can only get SNAP in the home where they live 51% of the time. This is true even if the parent the child lives with the majority of the time doesn't apply for benefits.
2. If a child lives with two people for an equal amount of time, the child can get benefits in the SNAP household that applies for benefits first.

2. Exceptions to Household Definitions

The following individuals are not separate SNAP households and will be considered members of one SNAP household even if they do not customarily purchase food and prepare meals together:

1. Spouses who live together.

Note:

Same-sex marriages are recognized.

2. Parents and their children (natural, adopted, or step), including children ages 18-21 years of age or younger, who live together.

Note:

Parents and children under 22 years old must be in one SNAP household even if the child has their own children or spouse living with them. If the parents and children all reside in a structure that has common facilities (kitchen, living room, etc.), they should be certified as one household.

If they reside in the same structure but have separate facilities, the caseworker would need to discuss with the household what their actual arrangements are. If the child uses the parents' facilities, it is likely that the group would be certified as one household. If the child does not use the facilities of the parents, it is likely that the group can be separate households. The caseworker should discuss the situation with the household and document in the case note the basis for their household composition determination.

Example 1 – Household Member Under 22 Included:  

Jack Sprat applies for  SNAP  for himself and his 15 year old daughter, Jessica. He reports that his 19 year old son, James, also lives with them. James has a wife and a child that live in the house, as well. Jack does not want James included in his SNAPSupplemental Nutrition Assistance Program case because James is working and is rarely home. He has no control over what James does with his money. The case worker explains that as long as James is living with Jack and his daughter, James, his wife and child must be included in the SNAP case.

Example 2 – Household Member Under 22 Not Included:

Joyce Morris has an ongoing SNAP  case. She reports in May that her son, Hunter, and his pregnant girlfriend, also 21 years old, have recently moved in with her. Because Joyce's son is 21 years old, he cannot open his own SNAP  case. Hunter must be included in Joyce's SNAP case. Joyce reports Hunter's girlfriend buys her own food and because she is not related to Joyce, can apply for her own SNAP case.

3. Children under 18 years of age who live with and are under the parental control of a non-parent adult household member.  When two SNAP households claim the same child as a SNAP household member, the child is included in the SNAP household containing the parent, if the parent is living with the child.  If two SNAP households contain non-parent adults and they both claim the child as a household member, the child is included in the SNAP household containing the non-parent adult who is exercising primary responsibility for the care and parental control of the child. When a child under the age of 18 claims they are not under parental control of an adult, they may be able to file as a separate SNAP household. See definitions of homeless and parental control at MS 600-2.  

Note:

When the natural (i.e. biological) parents' rights are terminated as a result of adoption or other court action, the natural parent is no longer considered the child's parent for SNAP purposes.

Example 1 - Foster Child Can Be Added To SNAPSupplemental Nutrition Assistance Program

Dora Doolittle has an ongoing SNAP case. When she turns in her review, she reports that her daughter, Alex, is now staying with her two nights a week and she would like to include her in the SNAP case. Alex spends the rest of the week with her foster family who does not have a SNAP case that includes Alex. Alex can be added to Dora’s SNAP case, but her foster care payments will count as unearned income to the SNAP case.

Example 2 - Child Is A Separate SNAP Household

Bailey Elizabeth is a 16 year old high school student that is currently staying with a friend. Her friend's parents are allowing her to sleep on their couch while Bailey looks for a job and finds a place to live. Bailey is claiming she is homeless as her living arrangements are temporary and she does not know how long she will be there. Because Bailey is not under anyone's parental control, and the family she is living with is not taking responsibility for her, Bailey is considered a household of 1.

If Bailey Elizabeth reports her living arrangement has not changed at the next recertification, she will no longer be considered homeless because she has had the same living situation for over 90 days. The other members of the household must be added to the  SNAP case.

Example 3 - Child Is Not A Separate SNAPSupplemental Nutrition Assistance Program Household

Elliana Joy is a 15 year old high school student that is currently staying with a friend. Her friend's parents are taking her in until she graduates high school. Because her living arrangements are permanent, she is considered to be under the parental control of the family she is living with. When Elliana Joy applies for  SNAP, the entire household will be considered in the eligibility determination.

4. Employed or self-employed household members whose job takes them out of the home for more than a calendar month, such as a fisher or trapper.  This exception applies only to individuals who are either a spouse or parent of a SNAPSupplemental Nutrition Assistance Program household member.

Exception:  

Foster children are not included in the SNAP household unless the household providing the foster care requests that the child be included as a household member. See MS 605-1C.

3. Verification of Household Composition

Household composition, the identity of the household members and their relationship to one another must be verified when questionable.

Sources of identification include, but are not limited to, birth certificate, driver's license, social security card, and INS documents.  If there are no official documents available, a statement from a third party can be accepted.

Individuals claiming separate household status from others living in the same residence are responsible for verifying their separate status when questionable. Acceptable verification includes a signed Separate SNAP Household Status form (FSPFood Stamp Program 81), or written statements from each household.  For highly questionable cases, a home visit may be necessary.

When children live in shared physical custody situations, unless there is a dispute about the physical custody/parenting time/meals arrangement, there is no need to question the person applying for the child.  You may accept their statement regarding household composition. If the child is on another SNAP case, remove the child and send the required notice of adverse action removing the child from the case. However, if there is then a dispute about the child, it must be determined whose household they receive the majority of their meals from.

4. Non-household Members

Non-household members are individuals living in the SNAP household's living quarters but not included in the SNAP household.  Income and resources belonging to non-household members are not considered when determining the eligibility or benefit amount for the SNAP household.  Refer to MS 605-2C for more on non-household members.

Non-household members include:

1. Boarders and foster care individuals, unless the household providing the board or foster care requests that the individual be included as a household member.  Refer to MS 605-1C for more on boarders and foster care individuals.
2. Roomers to whom the household furnishes lodging for compensation, but not meals.  Roomers are not considered household members but may be eligible as a separate household.
3. Live-in attendants needed for housekeeping, medical, or child care reasons that do not purchase food and prepare their meals with the SNAP household.  A live-in attendant who customarily purchases food and prepares meals with the household is considered a  SNAP household member.  Live-in attendants who are a spouse, parent, or child under age 22 of a household member must be included in the household even if they do not purchase food and prepare meals together.  See MS 602-1A(2).
4. Ineligible students enrolled in an institution of higher education.  See MS 605-1B.  Due to the student’s ineligible status, the non-household status takes precedence over the relationship status exceptions addressed at MS 602-1A(2).
5. Visitors, including parents, children and spouses, staying temporarily with the SNAP household even though they may purchase food and prepare meals with the household during the visit.  However, when the visit is anticipated to last more than half the days in the calendar month, the visitor is treated as a household member for that month when determining eligibility and benefit amount, unless otherwise excluded.  Visitors from out-of-state who are in Alaska on vacation do not meet the residency requirements and cannot be added as a household member regardless of the length of stay.  See MS 604-3G for policy on adding a new household member.
6. Other individuals sharing the living quarters that do not purchase food and prepare meals with the SNAP household are not considered part of the SNAP household.
7. Persons living with the SNAP household who will be added in a subsequent month, according to rules for adding new members at MS 604-3G.

5. Excluded Household Members

Excluded members may not participate as a separate household.  When excluded members are living with a SNAP household, they are excluded from the household's size when determining benefits and comparing the household's monthly income with the income eligibility standards.  However, their resources and all or a portion of their income are counted in the  SNAP budget.  To budget households with excluded members see MS 605-2B.

The following are excluded household members:

1. Ineligible aliens.  See MS 602-1D.  (Use DI EISEligibility Information System participation code.)
2. Persons disqualified for failure to provide a social security number. See MS 602-1E.  (Use DI EISEligibility Information System participation code.)
3. Persons disqualified for an IPVIntentional Program Violation Intentional Program Violation, for a conviction of trafficking food stamps of $500 or more, or as a result of a fraudulent statement about their identity or residence in    order to get multiple benefits.  See MS 608-2B.  (Use DF EISEligibility Information System participation code.)
4. Persons disqualified for failure to comply with a work requirement, voluntary quit, and reduction of work effort requirements.  See MS 602-1F.  (Use DJ EISEligibility Information System participation code.)
5. Fleeing felons.  Persons fleeing to avoid prosecution or custody for a felony or attempt to commit a felony.  Persons violating a condition of probation or parole.  (Use DF EISEligibility Information System participation code.)

To establish that an individual is a fleeing felon, we must verify that:

• There is an outstanding felony warrant for the individual by a Federal, State, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey; and
• The Federal, State, or local law enforcement agency is actively seeking the individual. Actively seeking means that they intend to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from a State agency about a specific outstanding felony warrant or probation violation.
• The individual has taken some action to avoid being arrested or jailed; and
• The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued; and

6. Probation or Parole Violator.  Persons violating a condition of probation or parole, who the State or Federal authorities are actively seeking for a felony or misdemeanor probation or parole  violation (Use DF EIS participation code.)

7. Drug felons.  Persons that committed a crime on or after August 22, 1996, which results in a Federal or State felony conviction for possession, use, or distribution of a controlled substance (not including alcohol or tobacco) are permanently ineligible for food stamps unless they are meeting one or more of the conditions listed below:

1. Is satisfactorily serving or has successfully completed, a period of probation or parole;
2. Is in the process of serving, or has successfully completed, mandatory participation in a drug or alcohol treatment program;
3. Has taken action toward rehabilitation, including participation in a drug or alcohol treatment program; or
4. Is successfully complying with the requirements of the person's re-entry plan.

Individuals must meet one of the qualifying conditions for each drug felony conviction of a crime that occurred on or after August 22, 1996.  If they did not meet one or more of these conditions for any of the convictions, the client would be ineligible for SNAPSupplemental Nutrition Assistance Program benefits.

If the individual's compliance cannot be verified during the interview, a pend notice should be sent to the client requesting proof that they meet one of the requirements listed above. Some examples of acceptable proof are:

• Confirmation from the Department of Correction's Probation Office that the individual has successfully completed probation or parole; or

Note: 

Confirmation that the individual has successfully completed probation or parole must be obtained from the Department of Corrections Probation Office using the Felony Verification Form (GEN 157).  This form can be found in eForms.  

The GEN 157 must be used instead of calling the Anchorage Parole Office.

• Confirmation from a drug and alcohol treatment program that the individual is successfully participating in a mandatory drug or alcohol treatment program; or
• Confirmation from a drug and alcohol treatment program that the individual has taken action towards rehabilitation (example: is on a wait list for inpatient or outpatient treatment); or
• Confirmation from a re-entry agency that the individual is complying with their re-entry agreement.

Note:

Children of drug felons, or other SNAPSupplemental Nutrition Assistance Program household members may not have their SNAP benefits denied or closed if their parent (or household member) fails to comply with the conditions established above (i.-iv.). SNAP benefits may only be denied for the non-compliant individual.

Please refer to Administrative Manual Section 105-1 for guidance regarding verification of information.

8. Felons convicted of aggravated sexual abuse, murder, sexual exploitation and abuse of children, or sexual assault.  Persons that committed a crime of these sorts on or after February 7, 2014, which results in a Federal or State felony conviction are permanently ineligible for SNAP unless they are meeting one of more of the conditions below:

1. is satisfactorily serving or has successfully completed, a period of probation or parole; or
2. is successfully complying with the requirements of the person's re-entry plan.

Note:

Confirmation that the individual has successfully completed probation or parole must be obtained from the Department of Corrections Probation Office using the Felony Qualifying Condition Verification Form (GEN 158Felony Qualifying Verification Form).  This form can be found in eForms. 

The GEN 158Felony Qualifying Verification Form must be used in lieu of calling the Anchorage Parole Office.

Individuals must meet one of the qualifying conditions for each felony conviction of a crime that occurred on or after February 7, 2014.  If they did not meet one or more of these conditions for any of the convictions, the client would be ineligible for SNAPSupplemental Nutrition Assistance Program benefits.

Note:

If an applicant indicates having been convicted of sexual exploitation or abuse of children, verification will be needed showing whether the felony conviction falls under U.S. Code Title 18, Chapter 110.

9. Felons convicted of trading SNAPSupplemental Nutrition Assistance Program for drugs, buying or selling SNAP benefits over $500.00, fraudulently receiving duplicate SNAP benefits, and/or trading SNAP benefits for guns, ammunitions, or explosives.  Persons committing a crime of these sorts on or after September 22, 1996 which results in Federal or State felony conviction are considered to have committed an IPVIntentional Program Violation.  See SNAP MS 608-2 B for penalties related to IPV. 

If the individual's compliance cannot be verified during the interview, a pend notice should be sent to the client requesting proof that they meet one of the requirements listed above. Some examples of acceptable proof are:

• Confirmation from the Department of Correction's Probation Office that the individual has successfully completed probation or parole; or
• Confirmation from a re-entry agency that the individual is complying with their re-entry agreement.

6. Ineligible Households

a. Residents of Institutions

Individuals shall be considered residents of an institution when provided with a majority of their meals as part of the institution's normal services.  Residents of institutions are not eligible for participation in the program except:

• Residents of federally subsidized housing for the elderly, built under either Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act.

• Drug addicts or alcoholics who, for the purpose of participation in a drug or alcohol treatment or rehabilitation program, reside at a facility or treatment center.  For participants to be eligible, the program or institution must be operated by either a private nonprofit organization or a publicly operated community mental health center approved by the Food & Nutrition Service (FNSFood and Nutrition Service), or approved by the Division of Behavioral Health, Department of Health.  See MS 605-1D.

• Residents of group homes for the blind or disabled as defined in paragraphs (2) through (11) of the definition of Special Category Individual at MS 600-2.  See MS 605-1D.
• Residents of shelters for battered men, women, and children.  See MS 605-1D.
• Homeless persons residing in a public or private nonprofit shelter.  See MS 605-1D.

Note:

Individuals in a homeless shelter can participate in SNAP and must be treated as separate households from the others with whom they reside, subject to mandatory household combinations as required by MS 602-1(A)2. Example: a homeless husband and wife in the same shelter cannot be a separate household.

b. Strikers

Households with members on strike are ineligible for SNAP benefits unless eligible the day prior to the strike, and otherwise eligible on the date of application.  See MS 605-1A.