602 ELIGIBILITY FACTORS 602-1 NONFINANCIAL ELIGIBILITY 602-1A HOUSEHOLDS (1) Household Concept A household is defined as any of the following: (a) (b) (c) (d) An individual living alone. 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. These individual households are responsible for providing information to prove their separateness if the caseworker finds the situation questionable. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption. An individual at least 60 years old (and that individual's spouse if in the home) may be considered a separate household although living with others 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 food stamps 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 and prepare meals if the situation is questionable. (e) (f) (g) A narcotics addict or alcoholic, together with his or her children, that is a resident of an institution and participant in an approved drug addiction or alcoholic treatment and rehabilitation program and who receives meals through such a program. See MS 605-1D. Residents in a group living arrangement. See MS 605-1D. Residents of shelters for battered women and children. See MS 605-1D. C-1 MC #12 (7/03)
602-1A (2) Exceptions to Household Definitions The following are not separate households and will be considered as customarily purchasing and preparing meals together even if they do not do so: (a) (b) (c) (d) (e) Spouses who live together. Parents and their children (natural, adopted, or step) 21 years of age or younger who live together. See Note below. Children under 18 years of age who live with and are under the parental control of an adult household member. Exception: Foster children are not required to be included in the food stamp household. Refer to MS 605-1C. See Note below. Boarders and the household providing the board. Boarders are ineligible unless the household providing the board wants to include the boarder as part of its food stamp household. See MS 605-1C. 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 spouses and parents of household members. Note: When separate households that are living together or apart claim the same child as a household member, the child is included in the household containing the adult who is exercising primary responsibility for the care and parental control of the child. See definition of parental control at MS 600-2. C-2 MC #15 (9/04)
602-1A (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 Food Stamp Household Status form (FSP 81), or written statements from each household. For highly questionable cases, a home visit may be necessary. C-3 MC #8 (9/02)
602-1A (4) Non-household Members Non-household members are individuals living in the food stamp household's living quarters but not included in the food stamp household. Refer to MS 605-2C to budget households with nonhousehold members. The following are nonhousehold members: (a) (b) (c) (d) (e) (f) Live-in attendants needed for housekeeping, medical, or child care reasons that do not purchase food and prepare their meals with the household. These live-in attendants are not household members but may be eligible as a separate household. Exception: A live-in attendant who customarily purchases food and prepares meals with the household is considered a household member. Students enrolled in an institution of higher education who are ineligible because they do not meet the student eligibility criteria. See MS 605-1B. Nonhousehold status has precedence over the relatedness issue in (2) above. 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. Visitors staying with the household even though they may purchase food and prepare meals with the household. Exception: When a visit is anticipated to last more than half of the days in the month, the visitor is treated as a household member for that month when determining eligibility and allotment, unless otherwise excluded. Refer to MS 604-3G for adding a new member. Other individuals sharing the living quarters who do not purchase food and prepare meals with the food stamp household are not considered part of the food stamp household. Persons living with the food stamp household who will be added in a subsequent month, according to rules for adding new members at MS 604-3G. C-4 MC #15 (9/04)
602-1A (5) Excluded Household Members Excluded members may not participate as a separate household. When excluded members are living with a food stamp 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 food stamp budget. To budget households with excluded members see MS 605-2B. The following are excluded household members: (a) (b) (c) (d) (e) (f) Ineligible aliens. See MS 602-1D. (Use DI EIS participation code.) Persons disqualified for failure to provide a social security number. See MS 602-1E. (Use DI EIS participation code.) Persons disqualified for an intentional program violation (IPV), 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 EIS participation code.) Persons disqualified for failure to comply with a work requirement, including E&T Program, voluntary quit, and reduction of work effort requirements. See MS 602-1F. (Use DJ EIS participation code.) Fleeing felons. Persons are ineligible for food stamps when fleeing to avoid prosecution, custody or confinement for a felony. This penalty also applies to anyone violating a condition of his or her probation or parole. (Use DF EIS participation code.) Persons convicted of drug felonies who committed an offense 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. (Use DF EIS participation code.) Note: If the felony conviction is set aside by the court, the person is not considered a felon, and so is eligible for food stamps. C-5 MC #14 (5/04)
602-1A (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 (FNS), or approved by the Division of Behavioral Health, Department of Health & Social Services. 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 and definition of group homes at MS 605-1D(1)(c). Residents of shelters for battered women and children. See MS 605-1D. Homeless persons residing in a public or private nonprofit shelter. See MS 605-1D. (b) Strikers Households with members on strike are ineligible for food stamps unless eligible the day prior to the strike, and otherwise eligible on the date of application. See MS 605-1A. C-6 MC #19 (12/05)
602-1B RESIDENCY 602-1C IDENTITY To be eligible for food stamps, the applicant must be physically present within the State of Alaska. Households must remain in Alaska to continue to be entitled to food stamps from Alaska. There is no minimum length of time requirement, however, persons in Alaska solely for vacation are not considered residents. There is no fixed residence or mailing address requirements. Persons are not required to live in a house or apartment, nor are they required to provide a residence address. Living at a campsite, in a car, or at a homeless shelter satisfies the residency requirement. Residency in the state must be verified. Documentation used to verify other factors of eligibility, such as a rent receipt, utility bill, current driver's license, telephone book, city directory, or collateral contact, will generally be sufficient to verify residency. Exception: When verification cannot reasonably be accomplished, such as for newly arrived or homeless households, accept client statement and document in the case file why verification was not obtained. Households that leave the state will have their cases closed for not meeting the residency requirement. See MS 604-4C(5) for notice requirements. When only part of the household leaves the state, those household members must be removed from the food stamp household following the policy at MS 604-3H. The identity of the person making application must be verified. When an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household must be verified. Identity may be verified through readily available documentary evidence, such as a driver's license, work or school identification, bank statement or other document that contains the individual s name and address. Verification of identity may also be obtained through a collateral contact. C-7 MC #20 (7/06)
602-1D CITIZENSHIP AND ELIGIBLE ALIEN STATUS To receive food stamps a person must be: A United States citizen or U.S. National; A qualified alien meeting one of the Food Stamp Program alien eligibility requirements; A person lawfully living in the U.S. who was a member of a Hmong or Highland Laotian tribe that rendered assistance to the U.S. during the Vietnam era (August 5, 1964 May 7, 1975), the person s spouse, widow or widower, and unmarried dependent children; or, A Native American born in Canada or Mexico who has treaty rights to cross the U.S./Canada and U.S./Mexico borders. All other household members are treated as excluded household members. See MS 605-2B. Every food stamp household must declare that all household members have U.S. citizenship or satisfactory immigration status. The adult household member or authorized representative fulfills this condition of eligibility by signing the application (Gen 50B) or recertification application (Gen 72). Refer to MS 605-2A for special budgeting policy related to sponsored aliens. (1) United States Citizens and United States Nationals United States citizens and U.S. Nationals include: Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands; Naturalized citizens; U.S. Nationals born in American Samoa or Swain's Island. An individual who was not born in American Samoa or Swain s Island, but one of his or her parents were born in American Samoa or Swain s Island, may be a U.S. National. U.S. citizenship is verified only when questionable. Sources of verification include birth certificates, certificates of citizenship or naturalization provided by the U.S. Citizenship & Immigration Services (USCIS), U.S. passports, and official identification cards showing U.S. citizenship. U.S National status may be verified with a U.S. passport stamped U.S. National. C-8 MC #16 (12/04)
602-1D (2) Qualified Aliens A qualified alien is a person who is a: (a) Lawful Permanent Resident admitted under Immigration and Nationality Act (INA) section 101. (b) Refugee admitted under INA section 207. (c) Asylee admitted under INA section 208. (d) (e) (f) (g) (h) (i) Alien living in the U.S. for whom the Attorney General has withheld deportation or removal due to fear of persecution for race, religion, or political opinion, under INA sections 243(h) or 241(b)(3). Parolee admitted for at least one year under INA section 212(d)(5). Person granted conditional entry under INA section 203(a)(7) as in effect before April 1, 1980. Cuban/Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. Battered spouse or child, or parent or child of battered person with a petition pending under INA section 204(a)(1)(A) or (B) or 244(a)(3). Victim of trafficking under the Trafficking Victims Protection Act of 2000, including certain family members of victims of a severe form of trafficking. C-9 MC #16 (12/04)
602-1D (3) Food Stamp Program Alien Eligibility Requirements Qualified aliens listed at MS 602-1D(2) must also meet one of the Food Stamp Program alien eligibility requirements listed below to be entitled to receive food stamps, if otherwise eligible. (a) (b) A person who has lived in the United States as a qualified alien for five years. A child under 18 years of age. (c) A qualified alien who is disabled as defined at MS 600-2. (d) (e) (f) (g) (h) (i) (j) A refugee. An immigrant who was granted status as an asylee, a deportee, or a Cuban/Haitian entrant. An Amerasian who was granted immigrant status under 584 of Foreign Operations, Export Financing and Related Program Appropriations Act. A lawful permanent resident who has accumulated 40 qualifying quarters under Social Security. A qualifying quarter earned after January 1, 1997 does not count toward this 40-quarter requirement if the alien earning the quarter received food stamps, Medicaid, or TANF assistance during the quarter. Qualifying quarters include those quarters earned by a parent (natural, adoptive or step) of an alien while the alien was a child under 18 and living with his parent. Qualifying quarters include those quarters earned by a spouse during their marriage, if the alien remains married to the spouse or the spouse is deceased. Veteran of the U.S. military, (and spouse and unmarried dependent children), who was honorably discharged for reasons other than alien status; the alien spouse and unmarried dependent children of a U.S. citizen who is a veteran. Active duty military personnel, other than active duty for training, (and spouse and unmarried dependent children); the alien spouse and unmarried dependent children of a U.S. citizen who is on active duty. Victim of trafficking with a valid certification letter from the Office of Refugee Resettlement or form I-797a indicating a Class T-1 Visa, or family member of victim with form I-797a indicating a Class T-2, T-3, T-4, or T-5 Visa. C-10 MC #16 (12/04)
602-1D (4) Documentation of U.S. Citizenship and Eligible Alien Status Verify U.S. citizenship only when questionable. See MS 602-1D(1) for sources of verification of U.S. citizenship. Qualified alien status must be verified. Acceptable documentation includes: Form I-151 or I-551 Resident Alien Card ("green card") Re-entry Permit A stamp in a foreign passport indicating lawful alien status An I-94 Arrival/Departure Record stamped "temporary I-551" Form I-94 Arrival/Departure Record annotated with sections 207, 208, 212(d)(5), 243(h) or 241(b)(3) of the INA or with the terms "refugee", "asylum", "parolee", or "paroled" Letter of certification from the Office of Refugee Resettlement (ORR). The caseworker must verify the validity of this letter and notify the ORR of the benefits for which the individual has applied by calling the tollfree trafficking verification line at 1-866-401-5510. Form I-797a indicating Class T-1 Visa Form I-797a indicating T-2 (spouse), T-3 (child), T-4 (parent), or T-5 (unmarried sibling under age 18 years on the date such alien s T Visa application was filed), known as a Derivative Visa. Note: T status is valid for three years from the date of approval and is not renewable. However, the individual may adjust to lawful permanent resident status within the 90-day period immediately preceding the expiration of T status. If the household does not have the necessary documentation, advise the alien to submit Form G-641, Application for Verification of Information from USCIS Records to the USCIS. This form is acceptable documentation of alien status once annotated by USCIS. Other documentation from USCIS stating the alien is a qualified alien is acceptable. Expired documents are not acceptable. For further guidance on alien verification, see Addendum 6. C-11 MC #16 (12/04)
602-1D (5) Case Processing for Households with Eligible Aliens (a) Household Provides Documentation of Alien Status An alien that provides documentation verifying eligible alien status, if otherwise eligible, can be issued benefits. Validate the USCIS documents through the Automated Status Verification System (ASVS). Refer to Administrative Procedures Manual section 105-14. Process the application if the ASVS inquiry is not completed by the 30th day from the application date. The person's eligibility on this factor is assumed until the ASVS process proves otherwise. If documents are being validated through ASVS, record the Verification Number in the case file. (b) Documentation Not Provided With Application or at Interview A household member whose U.S. citizenship is questionable or who has not provided documentation of alien status is not eligible until citizenship/alien status is verified. Pend the application and send a notice to the household giving it at least ten days to provide the documentation. If documentation verifying U.S. citizenship or qualified alien status is received during the pend period, process the application including the person as an eligible household member. (c) Documentation of Alien Status Not Provided Following the Request for Information The person whose U.S. citizenship remains questionable or alien status is unverified at the end of the pend period shall be treated as an excluded member. See MS 605-2B. If the verification is later received, add the person into the household following the policy at MS 604-3G. When a household indicates inability or unwillingness to provide documentation for any household member, that member is considered an excluded household member. When the only member of an applicant household indicates inability or unwillingness to provide documentation of his or her own alien status or questionable U.S. citizenship, he or she is ineligible and the application is denied. C-12 MC #16 (12/04)
602-1D (6) Ineligible Aliens Any alien, legal or not, who does not meet the alien eligibility requirements is ineligible for food stamps. Ineligible aliens in households with eligible household members are treated as excluded members. See MS 605-2B. Ineligible aliens include: (a) (b) (c) (d) (e) Persons who have applied for admission under an INA section listed at MS 602-1D(2) but are not yet approved. Aliens admitted under Permanent Residence Under Color of Law (PRUCOL), non-immigrants, and undocumented aliens. Persons lawfully admitted to the U.S. temporarily with no intention of abandoning their residency in a foreign country. Such aliens may include visitors, tourists, students, some workers and diplomats. An alien who presents the Form I-94 Arrival/Departure Record or a passport with a visa annotated with the letters "A" through "L" is ineligible unless other verification from INS verifying qualified alien status is provided. An alien who entered and remains in the U.S. unlawfully. C-13 MC #10 (2/03)
602-1D (7) Contacting the INS Office Written consent from the household is required to contact INS to obtain documentation or information to verify the alien's status. If the alien does not want the caseworker to contact INS, the household can withdraw its application or participate without that member. Written consent is not required to: Contact INS to verify the validity of documentation provided by the alien. Use the SAVE inquiry process. C-14 MC #10 (2/03)
602-1E SOCIAL SECURITY NUMBERS Households must provide a Social Security Number (SSN) for each household member. If a household member does not have a Social Security Number, the individual must apply for one. (1) New Social Security Numbers If an individual is applying for an SSN for the first time, they must apply directly through the Social Security Administration (SSA), either in person or by phone. SSA will send the individual a Receipt of Application for an SSN form verifying that an application has been submitted. Parents may also apply for a newborn s SSN through the Bureau of Vital Statistics Enumeration at Birth Program. Hospitals give the parent an SSA-2853 form, Information About When You Will Receive Your Baby s Social Security Card which certifies that a Social Security Number was requested for the baby. (2) Verification Social Security Numbers: Social Security Numbers do not need to be verified, unless they are questionable. Application for a Social Security Number: Accept the individual s statement that he or she has applied for an SSN with the Social Security Administration, unless questionable, and request the individual to provide the receipt once it is received from SSA. In addition, instruct the individual of the requirement to report the SSN once their SSN card is received from SSA. Obtain the SSN or proof of application for an SSN at the next recertification. Enumeration at Birth: Children born in Alaska are presumed to be enumerated at birth. No verification of this is required. Obtain the SSN or proof of application for an SSN at the next recertification. (3) Case Processing Pending Receipt of SSN Household members are allowed to participate if otherwise eligible while waiting for receipt of the SSN. Households with SSN applications being processed are certified for not more than six months. Instruct households to provide the social security number to the caseworker when the SSN card arrives. C-15 MC #15 (9/04)
602-1E (4) Failure to Provide SSN If the household is unable to provide an SSN or proof of application at recertification, determine if good cause exists. Good cause includes, but is not limited to SSA-caused delays. If good cause exists, the household must submit another application for a SSN to the SSA office and the household member for whom the SSN is not obtained continues to be eligible. If good cause does not exist, the household member for whom the SSN is not obtained is no longer eligible. The disqualified person is treated as an excluded household member (use DI EIS participation code). See MS 605-2B. C-16 MC #15 (9/04)
602-1F WORK REQUIREMENTS Most adults in a food stamp household must comply with Food Stamp Program work requirements, unless the adult qualifies for an exemption. Excluded household members, defined at MS 605-2B, are not required to comply with work requirements. There are three categories of Food Stamp Program work requirements: (1) Basic Work Requirements The basic work requirements require the adult to: Provide DPA with employment status and job availability information Accept an offer of employment Stay employed Not reduce work hours Adults who are required to comply with the basic work requirements may also be required to participate in the Employment & Training Program. (2) Employment & Training Program Participation Adult food stamp recipients who are age 18 to 59 and live in one of the six Employment & Training (E&T) Program areas must participate in the E&T Program, unless exempt. The E&T Program helps them find work, offers job referrals, and assists with job search transportation costs. Individuals who are required to participate in the E&T Program are also subject to the basic work requirements. (3) ABAWD ABAWDs are able-bodied adults age 18 through 49 without dependent children under age 18. Currently, all adults are exempt from this federal policy limiting the number of months of benefits they may receive. 602-1G DETERMINING REQUIREMENTS AND EXEMPTIONS To determine the individual s work requirements, first establish if the individual is exempt from the basic work requirements. If exempt, the individual is not required to comply with any work requirements. If not exempt, establish if the individual is exempt from the E&T Program. C-17 MC#20 (7/06)
602-1G (1) Determine Exemption Status Determine if the adult meets an exemption from basic work requirements. Individuals who meet one of these exemptions are excused from all Food Stamp Program work requirements including basic work requirements and participation in the E&T Program. If exempt, enter the exemption reason code on the EIS WORK screen and document the reason in the case file. Individuals who do not meet one of these exemptions are required to comply with basic work requirements. These individuals may also be required to comply with E&T Program requirements. (2) Individuals Exempt from Work Requirements The following household members are not subject to food stamp work requirements: (a) (b) (c) (d) (e) (f) Age Limits: An individual under 16 years of age or 60 years of age or older. (EIS Code A) Individuals 16 and 17 years of age who are not the head of household, or who are attending school, or who are enrolled in a work training program at least half-time. (EIS Code L) Caretakers: A parent (natural, adoptive, or step) or other household member who is responsible for the physical care of a dependent child under six years old or an incapacitated individual. Both parents can be exempt under this provision. (EIS Code C) Incapacitated: Disabled individuals meeting the definition of Special Category Individual at MS 600-2 and individuals who are physically or mentally incapable of engaging in gainful employment. (EIS Code B) If a claim of permanent or temporary disability is questionable, verification must be provided. Drug Addicts and Alcoholics: Drug addicts or alcoholics who regularly participate as residents or nonresidents in a drug or alcohol treatment and rehabilitation program. (EIS Code G) Unemployment Insurance Benefits (UIB): An individual receiving UIB, including those where UIB payments are being offset or garnisheed, or who has an UIB application pending. (EIS Code K) Individuals exempt from food stamp work requirements due to receiving UIB will be disqualified from receiving food stamps if they fail to comply with a UIB work requirement, unless otherwise exempt from food stamp work requirements. Employment: An individual who is employed or self-employed and working at least 30 hours per week. An individual employed less C-18 MC#20 (7/06)
602-1G than 30 hours a week but earning weekly income equivalent to the federal minimum hourly wage ($5.15) multiplied by 30 hours. The applicant is responsible for providing verification of this employment. (EIS Code H) (g) (h) (i) Subsistence Hunting/Fishing: Individuals eligible to participate in the subsistence hunting and fishing purchase provisions, who are engaged in subsistence hunting and/or fishing an average of at least 30 hours weekly during the certification period. (EIS Code J) Determine by averaging the activity over the certification period. See MS 605-4B. Students: Students enrolled at least halftime (as defined by the school, program, or institution) in any recognized post-secondary school, post-secondary level training program, or institution of higher education. See MS 605-1B for special student eligibility criteria. (EIS Code I) TANF Recipients: Adult TANF recipients subject to TANF work requirements. (EIS Code E) Individuals currently serving a TANF penalty continue to be subject to TANF work requirements. Individuals exempt from food stamp work requirements due to receiving TANF will be disqualified from receiving food stamps if they fail to comply with a TANF work requirement, unless otherwise exempt from food stamp work requirements. (3) Special Provisions for Adults Subject to TANF Work Requirements Adults subject to TANF work requirements under the Alaska Temporary Assistance Program or a Native Family Assistance Program are excused from complying with Food Stamp Program work requirements. However, if the adult does not comply with the TANF work requirements, the food stamp benefit will be reduced and the adult may be disqualified from receiving food stamps. (a) Food Stamp Benefit Reduction Regardless of whether the adult is exempt from food stamp work requirements, the food stamp benefit will be reduced when the TANF benefit is reduced as a result of the adult failing to comply with a TANF work requirement. This benefit reduction will begin the month following timely notice of adverse action and will continue until the TANF penalty ends or the TANF case is closed, whichever occurs first. When the Alaska Temporary Assistance or CITC Native Family C-19 MC#20 (7/06)
602-1G Assistance benefit is reduced, EIS is programmed to reduce the food stamp allotment by 25%. When the AVCP, T&H, or TCC Native Family Assistance benefit is reduced, the caseworker will count the TANF benefit amount the household would have received if the penalty were not imposed to calculate the food stamp benefit amount. (b) Food Stamp Disqualification When an adult does not comply with a work requirement imposed by the TANF program, the adult may be disqualified from the Food Stamp Program. A food stamp disqualification is imposed when: The adult does not meet one of the food stamp work requirement exemptions listed at MS 602-1F (not including being subject to TANF work requirements); and, The TANF work requirement is comparable to a food stamp work requirement. The caseworker must first determine if the adult household member subject to TANF work requirements meets one of the food stamp exemptions listed at MS 602-1F, other than being subject to TANF work requirements. If so, that adult is exempt from all work requirements and will not be disqualified from food stamps for not complying with the TANF work requirement. If the adult is not exempt from food stamp work requirements other than being subject to TANF work requirements, the caseworker must determine if the TANF work requirement the adult did not comply with is comparable to a Food Stamp Program requirement. If so, the adult will be disqualified from the Food Stamp Program. See MS 602-1K for information on imposing the disqualification. (4) Determine Employment & Training Program Status Adults not exempt from basic work requirements who reside in Anchorage, Fairbanks, Juneau, Mat-Su, Ketchikan, or the Kenai Peninsula must comply with the E&T Program requirements unless they qualify for an exemption. C-20 MC#20 (7/06)
602-1G Determine if a client meets an exemption for participating in the E&T Program. An eligibility caseworker or an E&T case manager can make this determination. An individual determined not exempt and referred to the E&T Program may, after further investigation, be determined exempt by the E&T case manager. Individuals exempt from the E&T Program will not be referred until a reported change indicates the individual is no longer exempt. If a household member is exempt from E&T, enter the exemption reason code on the EIS WORK screen and document the reason in the case file. Individuals exempt from E&T are required to comply with the basic work requirements unless specifically exempt from those requirements. Individuals who do not meet one of the following exemptions will be referred to the E&T Program. (5) Individuals Exempt from E&T Program Requirements (a) (b) Exempt from Work Requirements: Individuals exempt from work requirements as listed at MS 602-1G(2). Remote: Individuals residing in an area other than the E&T Program areas of Anchorage, Fairbanks, Juneau, Ketchikan, the Mat-Su area, and the Kenai Peninsula. (EIS Code RM) EIS automatically enters the exemption code for these individuals. Individuals residing in remote areas within an E&T Program area, where there is no passable road system or when a road trip of more than two hours, excluding time to transport children to and from child care, would be required for a normal work day. If no transportation is available, individuals residing more than 2 ½ miles from the local DPA office. The eligibility caseworker needs to enter the RM code for these individuals. (c) (d) (e) Ill or Incapacitated: Individuals who are ill or incapacitated, when the illness or injury is serious enough to prevent the individual from engaging in employment for at least 60 days. (EIS Code IC) If a claim of permanent or temporary illness or incapacity is questionable, verification must be provided. Vocational Rehabilitation: Individuals who are clients of the State Division of Vocational Rehabilitation or a vocational rehabilitation program operated by a Native organization. (EIS Code DV) Pregnancy: Women in their second or third trimester of pregnancy. (EIS Code PG) C-21 MC#20 (7/06)
602-1G (f) Sheltered Workshop Employees: Individuals working less than 30 hours per week in a sheltered workshop, or working to their maximum capacity as verified by a physician, licensed psychologist, vocational rehabilitation specialist, or mental health clinician. (EIS Code SW) (g) Substantial Barriers: Individuals who have substantial barriers to employment. (EIS Code SB) Individuals who lack job readiness to successfully complete a job search, or who lack the ability to successfully complete an E&T Program component. Job readiness is defined as the ability to engage in a job search and, if successful, reliably carry out work tasks assigned by the employer. Job readiness requires an individual to generally be punctual, reliable, sober, and clean. Individuals whose condition does not fit these characteristics have "substantial barriers" to employment. (6) E&T Program Requirements For each individual not exempt from the E&T Program, the eligibility caseworker will refer the individual to the E&T Program. This referral is done automatically when the worker passes through the WORK screen. If an individual referred to the E&T Program does not cooperate with the eligibility caseworker or the E&T case manager to fulfill an E&T Program requirement, that individual will be disqualified from the Food Stamp Program. See MS 602-1K for disqualification procedures. Household members not exempt from E&T are required to: (a) (b) (c) (d) (e) (f) (g) Provide information to the eligibility caseworker or E&T case manager about employment status and availability for work. Report to an employer when referred by the E&T Program. Accept an offer of suitable employment from an employer when referred by the E&T Program. Continue suitable employment obtained through referral from the E&T Program. Attend initial E&T Program assessment and follow-up interviews. Contact at least 20 prospective employers during an assigned job search period. Comply with all requirements of the E&T Program. C-22 MC#20 (7/06)
602-1H CASEWORKER RESPONSIBILITIES - WORK REQUIREMENTS (1) Inform individuals in writing of their work requirements, their rights and responsibilities, the penalties for failing to comply, and the consequences of adding a new member already serving a work requirement disqualification. The Work Registration and E&T Requirements form (E&T #4) fulfills this requirement. (2) Register each adult who is not exempt from basic work requirements. The caseworker registers the individual through the entry of a date in the WR DATE field on the EIS Work Activities (WORK) screen. (3) Refer each adult who is not exempt to the E&T Program. The E&T Program referral is made automatically when the caseworker passes through the EIS Work Activities (WORK) screen unless the adult is coded exempt from work requirements or E&T. (4) Obtain verification to support an exemption, if the individual's exemption is questionable. The adult will be required to comply with the work requirements unless this documentation is provided. (5) Require eligible strikers to register for work unless otherwise exempt. Strikers ordered back to work under the Taft-Hartley Act who refuse to return to work are out of compliance with work requirements. (6) Ensure work registration procedures are followed at initial certification and every 12 months thereafter for each household member not exempt. Registration is made at initial certification and every 12 months thereafter unless exempt, or at any time changes are reported which affect the household member's exempt status for work registration. Registration is required with every new application following any break in service. (7) Process changes in work requirement exempt status: Those individuals who lose their exemption due to a change in circumstances the household is not required to report must register for work and/or be referred to the E&T Program at the next recertification. Those individuals losing exemption status due to a change in circumstances the household is required to report must register for work and/or be referred to the E&T Program within 10 days of the reported change. (8) Inform the E&T case manager of changes in the case that affect the E&T Program status of food stamp household members, as changes become known. C-23 MC#20 (7/06)
602-1H E&T Program Requirement Reason for Disqualification Action Needed to Comply Failed to Participate in Employment Assessment - Code "EA" Use this code when a member fails to comply with the E&T Program employment assessment requirements, including the initial assessment and follow-up appointment interviews with the E&T case manager. Attend employment assessment interviews and follow-up appointments. Provide requested information regarding employment status and availability for work. Failed to Participate in Job Search - Code "JS" Use this code when a member fails to comply with the E&T Program job search requirements. Complete an accurate employer contact report documenting completion of job search activity requirements previously assigned. Quit or Refused a Job - Code "JQ" Use this code when a member quits a job or refuses to accept suitable employment. If quit, return to the job if still available, or secure another job with comparable hours or wages. If refused job, accept the employment, if still available, or secure another job with comparable hours or wages. Failed to Comply with Other E&T Activity - Code "ET" Use this code when a member does not comply with an assigned E&T Program activity not covered under the other categories above. Complete the E&T activity previously assigned, or obtain and complete another comparable E&T activity assignment. C-24 MC #5 (5/01)
602-1I VOLUNTARY JOB QUIT AND REDUCTION OF WORK HOURS Adult household members subject to the work requirements will be disqualified if they voluntarily and without good cause: Quit a job of 30 hours a week or more; Quit a job of less than 30 hours a week that provided weekly earnings at least equivalent to the federal minimum hourly wage times 30 hours ($5.15/hour x 30 hours = $154.50). Reduce their work hours from 30 hours a week or more to less than 30 hours per week and, after the reduction in hours, the job provides weekly earnings less than the federal minimum hourly wage times 30 hours ($5.15/hour x 30 hours = $154.50). Note: Termination of self-employment or subsistence hunting/fishing is not considered a job quit. (1) Persons Exempt from Voluntary Quit and Reduction of Work Hours Provision (a) Persons who quit their job or reduced their work hours at least 60 days prior to the date of application. (b) Persons who voluntarily quit employment that was less than 30 hours per week and provided weekly earnings less than the federal minimum hourly wage times 30 hours ($5.15/hour x 30 hours = $154.50). (c) (d) (e) (f) (h) Persons who voluntarily quit their job or reduced their work hours, but good cause had been determined as stated at MS 602-1M. Persons exempt from the work requirements on the day they quit their job or reduced their work hours as stated at MS 602-1F(1), except those persons exempt due to employment or subsistence hunting/fishing. Persons who resigned at the demand of the employer. Persons whose employer reduced the work hours. Persons who quit a job but cured the violation by securing a job of at least 30 hours or a job providing weekly earnings at least equivalent to the federal minimum hourly wage ($5.15) times 30 hours then lost the new job through no fault of their own. C-25 MC #16 (12/04)
602-1I (2) Voluntary Quit and Reduction of Work Hours Procedures (a) Applicant Households: Determine if a household member required to register for work voluntarily quits a job without good cause or reduces work hours to less than 30 hours a week within 60 days prior to application. Determine if the quit or reduction of hours was for good cause. Participating Households: When a voluntary quit or a reduction of work hours is reported or discovered after the household is certified, determine if the quit or reduction of hours was for good cause. Good cause is defined at MS 602-1M. (b) (c) (d) The household must provide verification of the reason for the quit or reduction of work hours when information appears questionable. If the cause cannot be verified, such as when the resignation is due to discriminatory practices or unreasonable demands by the employer, the household member will not be disqualified. If the voluntary quit or reduction of work hours was not for good cause, the household member is disqualified. Voluntary quits and reductions in work hours are considered not complying with a work requirement. Work requirement noncompliance disqualifies the household member for one month (or 30 days) for the first violation, three months (or 90 days) for the second violation, and six months (or 180 days) for the third and subsequent violation. Applicant Households: The disqualification period begins the date of quit, and lasts through the 30/90/180 days of the penalty. The disqualified household member is added back into the case the first month following the end of the disqualification period. Examples: Three-person household applies on 7/2. A household member quit his job on 6/14. The household is certified 7/2. The member is disqualified from 6/14 to 7/14, and added into the case effective 8/1. Two-person household applies on 7/16. A household member quit his job on 6/14. The member is disqualified from 6/14 to 7/14. The household member is included in the food stamp household, and the case is certified effective 7/16. C-26 MC #16 (12/04)
602-1I One-person household applies 6/16. The person quit his job 6/15, and is disqualified from 6/15 to 7/15. He is not eligible in June, and will not be eligible on 7/1. Deny the application. A new application is needed if he wants benefits after 7/15. One-person household applies 6/4. The person quit his job 5/21 and is disqualified from 5/21 6/20. He is not eligible for June during the disqualification period. Deny the application. A new application is needed if he wants benefits after 6/20. (e) Participating Households: The disqualification period begins the first month following the expiration of the adverse action notice. If the caseworker does not act timely to disqualify, take action to disqualify and send a notice of adverse action. The disqualification period begins the month following the expiration of the adverse action notice, even if the penalty is applied while the case is closed. (3) Cure for Voluntary Quit or Reduction of Work Hours Disqualification 602-1J RESERVED If the household member cures the noncompliance before the effective date of the disqualification, the household member will be included in the food stamp household. The household member may cure the noncompliance if the member obtains a job of at least 30 hours a week or that provides weekly earnings at least equivalent to the federal minimum hourly wage times 30 hours ($5.15/hour x 30 hours = $154.50). Note: Once the disqualification period begins, it continues to its end, even if the household member cures the noncompliance during the penalty period. However, if the household member becomes exempt from work requirements, not including exemptions for ATAP or UIB, the disqualification period ends. C-27 MC #16 (12/04)
602-1K WORK REQUIREMENT DISQUALIFICATION PROCEDURES (1) Take action to disqualify the household member when: (a) (b) (c) (d) (e) (f) A household member who is not exempt from E&T Program requirements fails, without good cause, to comply with an E&T Program requirement. See MS 602-1H. A household member exempt from work requirements due to TANF reasons fails to comply with a TANF requirement. A household member exempt from work requirements due to UIB reasons fails to comply with a UIB requirement. A household member who is not exempt from work requirements voluntarily and without good cause quits a job. See MS 602-1I. A household member who is not exempt from work requirements voluntarily and without good cause reduces work hours to less than 30 hours per week. See MS 602-1I. A household member who is not exempt from work requirements fails to provide information to allow a determination of their employment status or job availability. See MS 602-1F. C-28 MC #17 (3/05)
602-1K (2) Work Requirement Non-compliance Disqualification Period (a) When a household member fails to comply with a food stamp work requirement, the member is disqualified for: One month, for the first non-compliance; Three months, for the second non-compliance; and, Six months, for the third and subsequent non-compliance. Example: A household member fails to attend an E&T Program assessment interview and so is disqualified for one month. A few months later, he quits a job without good cause. This is his second work requirement non-compliance so he is disqualified for three months. (b) (c) Disqualified household members are treated as excluded household members. See MS 605-2B. The caseworker sends a notice of adverse action prior to disqualifying the household member. The disqualification takes effect the first month following the expiration of the notice of adverse action, even if: The benefits increase as a result of the disqualification. The case worker does not act timely to disqualify the household member and the penalty is applied while the case is closed. The notice of adverse action is sent when it is discovered the penalty was not applied. Exception: If the non-compliance, voluntary quit, or reduction in work hours occurs or is determined in the last month of the certification period, the disqualification takes effect the first of the next month, regardless if the household recertifies. In these situations, notice of adverse action is not required. (d) When a one-person food stamp household is disqualified for one month as a result of failing to comply with a work requirement, the case is closed, not suspended. Use EIS notice F437, FS Case Closed Work Requirements. C-29 MC #19 (12/05)
602-1K (3) Avoiding or Ending Disqualification Eligibility may be re-established before or during the disqualification period when the disqualified person becomes exempt from work requirements, (not including exemptions for TANF and UIB). Eligibility may be re-established before the disqualification period if the disqualified person complies with the work requirement before the penalty begins. Eligibility will not be re-established after the disqualification period begins, even if the person complies with the work requirement. Example: On May 15 th, the caseworker enters on EIS a disqualification penalty effective June 1. On May 20 th, the client complies with the work requirement. Since the client complied before the effective date of the penalty, he is now eligible. The caseworker removes the disqualification penalty from EIS. It is not considered in the accumulation of penalties. (4) Member Complies with Work Program Requirement The adverse action notices, FS Case Closed Work Requirement (F437), and Member Disqualified Work Requirement (F708), contain the date the penalty begins, length of the disqualification; name of the disqualified person; the work requirement and the action needed to comply. If the person decides to comply, the person must contact the case worker. Once compliance is confirmed, the case worker will take action to reopen the case or reinstate the household member. These actions must be taken before the effective date of the penalty to avoid the proposed disqualification. This policy applies to all disqualifications, including those resulting from noncompliance with TANF work requirements. (5) Disqualification: Household Composition Changes If the disqualified person joins another household, this person is treated as an excluded household member in the new household until the disqualification period ends. See MS 605-2B. (6) Reinstatement After Disqualification Period Ends A person penalized for noncompliance is added to the case effective the first month following the end of the disqualification period, if eligible. (7) Fair Hearing Households may request a fair hearing to appeal the denial, reduction, or termination of benefits as a result of a work requirement disqualification. C-30 MC #9 (12/02)