Part 2 General Eligibility Rules

Part 2 General Eligibility Rules 30 What is a SNAP household or assistance unit? A SNAP household or assistance unit is either a person living alone or a group of people living together. The SNAP rules look at whether persons who live together customarily purchase and prepare food together. 106 C.M.R. 361.200. Programs like TAFDC, EAEDC, SSI, MassHealth look at the legal responsibility of persons who live together: spouses to each other, parents to minor children. The SNAP program does too, but it also looks at a household based on the group of people who live under the same roof and how they buy and share food. This is a fundamental concept of the SNAP program, but it can confuse both low-income households and advocates because eligibility differs from other needs-based programs. This SNAP household rule applies even if the people you live with are not related to you, or do not have any legal obligations to support you. If you live with a group of people, they are part of your SNAP household when you buy and share food together most of the time (for example, you share commonly bought food for more than 11 out of 21 weekly meals). The SNAP household rules also say that if you live with your spouse or you are a child under age 22 and live with your parents, you must be in the same SNAP household. This is true even if you do not buy food and prepare meals together, or even if your parents or your spouse do not want any SNAP benefits. See Question 32. In joint custody situations, children are usually part of the SNAP household of the parent who provides the most day-to-day care and control. Both parents cannot receive SNAP benefits for the same children. Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 68

Note: Federal regulations use the term household. 7 C.F.R. 273.1(a). DTA uses both the terms household and assistance unit. This Guide uses the term household. DTA Policy Guidance: DTA Online Guide: SNAP > Eligibility Requirements > Household Composition Additional Guidance: In joint custody, parent who exercises most supervision gets SNAP benefits for child, even if the court order awards custody to other parent; if equal supervision, parents decide which parent receives SNAP for child. Hotline Q&A (Feb. 2012). 31 Can I get benefits separately from other people I live with? If you live with other people and you buy and prepare your own food separately from them most of the time - you may be able to get your own SNAP benefits. You are not required to keep your food separate from their food, use a different stove or refrigerator. You are not required to have cooking facilities to qualify for SNAP. 106 C.M.R. 361.200. On the application form, if you live with other individuals, you will be asked to answer the following question about the people you list on the application Do you purchase and prepare food together? You must answer this question truthfully, but the fact that you do not have money to buy food is not questionable. You may be getting food from food pantries, getting free meals from a church or soup kitchen, or borrowing money for food. DTA should ask for proof of the living situation only if the information you provide appears questionable to the DTA worker, but lack of money to buy food is not questionable. See Question 17. Example 1: Jane and Steve are roommates who share an apartment. Both have jobs, but Jane only has part-time work. They occasionally share a meal together, but they buy, prepare and consume the majority of their food separately. Jane and Steve can be separate SNAP households. Unless they are a legally married couple, they can be separate SNAP households. Example 2: Sally is a single mother with one child. She is 25 years old and shares an apartment with her sister. Sally pays half of the

rent. She purchases and prepares most of her own food for herself and her child, even though she uses her sister s kitchen. Sally and her child can be a separate SNAP household. Advocacy Reminders: ü If you buy and prepare most of your food yourself, you can get your own SNAP benefits and EBT card. Getting your own SNAP also means that you cannot be cut off or denied if the other person does not comply with SNAP program rules. 106 C.M.R. 361.200(A). ü If you are disabled and someone purchases and prepares your food for you other than your spouse or your parent if you are under age 22 you may also qualify for separate SNAP benefits. See Question 33. DTA Policy Guidance: DTA Online Guide: SNAP > Eligibility Requirements > Household Composition Additional Guidance: Battered woman who moves to a domestic violence shelter can be own SNAP household even if still part of the SNAP household she fled from. Transitions Hotline Q &A (May 2012) Applicant need not verify household composition (e.g., that the applicant purchases and prepares separately) unless situation is questionable. Transitions Hotline Q&A, (May 2008) Roommate subletting not required to get a shared housing verification form filled out; roommates can be separate households without verification unless questionable. Transitions Hotline Q&A, (July 2007) DTA clarifies the majority of meals concept in a Bay State CAP mailing to SSI recipients living with others but preparing most meals separately, as follows: most means 11 or more meals per week. F.O. Memo 2005-50, Attachment B (Oct. 3, 2005).

32 Who cannot be a separate SNAP household? Some people cannot be a separate household even if they buy and prepare their food separately. Here are three important exceptions: A child under age 22 who lives with a parent or stepparent must be in the same SNAP household as the parent. 106 C.M.R. 361.200(A)(3). A child (other than a foster child) under age 18 who lives with a responsible adult (regardless of relationship) must be in the same household as the adult. 106 C.M.R. 361.200(A)(2). A legally married couple who live together must be in the same household, even if they never share food or meals together. 106 C.M.R. 361.200(A)(1). Example 1: Kelly is a single parent, age 20, who lives with her parents and her 1 year old baby. Kelly receives TAFDC for herself and her baby. However, due to her age, Kelly cannot get her own SNAP benefits and must apply with her parents. She and her baby are eligible as a separate SNAP household when she turns 22. Example 2: Katherine is 65 years of age and receives Social Security for herself. She cares for two grandchildren, ages 8 and 12, and receives child support for them. Katherine cannot get separate SNAP benefits for her grandchildren because they are minors and she provides financial and parental supervision for them. A SNAP shot on separate household status for persons who live together Unrelated persons who purchase and prepare most food separately from each other. Related persons other than spouses or children under age 22 who purchase and prepare most food separately. Spouses who live together, regardless of food purchase/preparing. Unmarried parents of children in common who live together. Persons under 22 years who live at home with their parents. Children under 18 living with adults who supervise them. Separate SNAP HH? YES YES NO NO Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 71

Households with a foster adult or child There are special rules for households with foster children and foster adults. A household can choose to include or exclude the foster child or disabled foster adult from the SNAP unit. 106 C.M.R. 361.240(F). The household may get more SNAP benefits if the foster child/adult is excluded because foster care payments do not count toward the SNAP household income for an excluded child. For more details on the right to opt out a foster child or foster adult, see Question 40. Advocacy Reminders: ü The TAFDC and SNAP rules differ in the treatment of teen parents. Although a teen parent age 18 or older can get her own TAFDC grant for herself and her baby when living with her parents, the SNAP rules do not allow the teen to get her own SNAP benefits separate from her parents until she turns age 22. If her parents do not wish to apply for SNAP, the teen parent is not SNAP eligible. Her TAFDC benefits should continue. ü The TAFDC and SNAP rules also differ in the treatment of children living with relatives. A grandparent, stepparent, aunt, or other relative can receive separate TAFDC for a dependent child, without being on the TAFDC grant or having his/her income count, 106 C.M.R. 204.320. In the SNAP program, a relative who cares for a child in the home cannot get separate SNAP for that child, even no legal guardianship or adoption. 33 What if I live with others but I have a disability that makes it difficult to prepare my food? There are two options, even if you are unable to prepare your own meals: Option 1: If your disability makes you unable to purchase and prepare your own food, you can get SNAP separately from the people you live with even if they shop and cook food for you. This option as long as the majority of the food you consume is purchased with your income and prepared for you separate from the people you live with. This option does not apply if the person buying and cooking food for you is your legal spouse, or your parent if you are under age 22.

There are many reasons why persons with disabilities may have meals prepared separately. You may have a special diet, need to eat meals at different times from others, or keep your income and living expenses separate from others. This should not prevent you from getting your own SNAP benefits. Example 1: Thomas is a 35-year-old disabled adult. He shares an apartment with a roommate, Joe. Because Thomas is unable to buy and cook his own food due to his disability, Joe does that for him. Thomas gives Joe money to buy food and Joe cooks it for him. Joe also cooks and prepares his own food separately. Sometimes they share a meal but the majority of food Thomas consumes is purchased and prepared separately from Joe s. Thomas could chose to have Joe as his authorized representative and have Joe use Thomas s EBT card to purchase food for Thomas or he can accompany Joe to the store. Either way, Thomas qualifies for his own SNAP household. Option 2: If you are 60 or older and have a permanent disability, you may be able to get SNAP separately for yourself even though you share food bought and cooked with the people you live with. 106 C.M.R. 361.200(B)(4). To qualify for your own SNAP benefits, you must meet three criteria: Be severely disabled, Be age 60 or older, and The gross income of the household you live with must be less than 165 % of the federal poverty level (FPL). Example 2: Bertha is a 75-year-old disabled woman. She receives $1,000 per month in Social Security benefits. She lives with her 40- year-old daughter Mary and Mary s two teenage children. Mary s gross income is $1,200 per month. Mary purchases food and prepares the meals for the entire household, including Bertha. Since Bertha is both disabled and over age 59 years of age, she can qualify for a separate SNAP benefit. That s because her daughter s gross income is below 165% of the federal poverty level for a family of three (Mary and her two children). Mary may also wish to apply for SNAP as a separate SNAP household for herself and her children. The two separate households will receive more in SNAP benefits than if they were in one SNAP household of four persons. Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 73

Note: Households that are caring for frail elders or persons with disabilities and receive adult foster care payments can exclude ( opt out ) the foster adult. This excludes the foster care payments as income and can increase the SNAP benefits. 106 C.M.R. 361.240 (F). See Question 40. Adult foster care is a special program through MassHealth which pays someone for in-home care of a low-income disabled adult or frail elder who might otherwise be institutionalized. See MLRI FAQ in Appendix C. DTA Policy Guidance: DTA Online Guide: SNAP > Eligibility Requirements > Household Composition Additional Guidance: A person too disabled to purchase and prepare for him/herself and gets assistance with food preparation can still qualify for separate household status. Transitions FYI (Dec. 2007). USDA clarification that a disabled adult unable to purchase and prepare his or her own food can still be a separate SNAP household where the food is bought and prepared by a third party for that person. The disabled person need not be over age 60 or live with persons under 165% gross income test. USDA FNS memo, June 12, 2006. See https://www.fns.usda.gov/snap/separate-household-statusdisabled-persons 34 Are there special rules for seniors and persons with disabilities? If you are disabled or elderly (meaning age 60 or older) you may benefit from special rules including: More of your shelter costs can be deducted in the SNAP math. See Question 74. You can claim out-of-pocket medical expenses as a deduction to boost your SNAP benefits. See Question 70. You might still qualify for some SNAP benefits even if your gross income exceeds the 200% gross income test. However, you must also meet the $3,250 asset test. See Question 58.

You may be able to waive the five-year waiting period for immigrant adults who are LPRs, parolees or battered. See Question 46. You may be eligible to apply as a separate SNAP household even if you live with others who buy and prepare food for you. See Question 31. 35 How do I show DTA I am disabled? Under the SNAP rules, you are considered disabled only if you receive one of the following benefits: Supplemental Security Income (SSI) benefits or social security disability benefits (sometimes called RSDI ), EAEDC cash assistance benefits, based on a severe disability, certain disability retirement pensions, if you have a severe disability, railroad retirement disability benefits, veteran s disability benefits, depending on severity of disability, or veteran s benefits for a spouse or children, MassHealth (Medicaid) for persons with disabilities, or TAFDC benefits where you are exempt from the TAFDC time limits and work rules based on a severe disability. Cash Assistance Disability Determinations If you receive EAEDC or TAFDC cash assistance, in order to meet the SNAP disability criteria you must meet the SSI standards of disability. DTA uses the Disability Evaluation Service (DES) at UMass Medical School. When DES reviews disabilities, they code recipients based on the severity of disability. Individuals that meet SSI standards are given the following codes on the DES Decision Tracking Form sent to DTA: codes 100, 110, 120, or 130 on their Determination Tracking Form. Be sure to ask DTA what the DES decision code is on your case if it would make a difference in your qualifying for SNAP or in the SNAP math. MassHealth Disability Determinations: Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 75

MassHealth does not regularly conduct disability evaluations unless required for a higher level of health care coverage. When MassHealth needs a disability evaluation, depending on the coverage, they use DES disability standards to upgrade persons from MassCare Plus to MassHealth Standard and for CommonHealth. 130 C.M.R. 505.002(F), 519.007(B) and (C). MassHealth recipients often do not need a disability determination because the scope of health benefits is adequate to meet their needs. Individuals tend to apply for a disability determination if their income exceeds 133% FPL and they need more coverage under CommonHealth, or if they need long term nursing care services or other services not included in CarePlus. Even if you do not need more health coverage, you can still seek a disability determination. You may wish to do this if you are severely disabled, do not receive SSI or DTA cash assistance, and the DES disability determination allow you to claim your out-of-pocket medical expenses and actual shelter costs that can boost your SNAP benefit. To get a disability determination, fill out the 10 page MassHealth Adult Disability Supplement, and each of the Medical Records Release Forms. Send this full document to: Disability Evaluation Services UMASS Medical DES P.O. Box 2796 Worcester, MA 01613-2796 Visit http://www.mass.gov/eohhs/docs/masshealth/appforms/madsadult.pdf to download copies of the MassHealth Adult Disability Supplement. For more information on the difference between MassHealth Standard and MassCare Plus, see MLRI s chart describing the programs here: http://www.masslegalservices.org/content/careplus-table-comparingbenefits-standard Immigrants and Disability Determinations: Legally present (LPR, parolees, battered) immigrants under age 65 who receive EAEDC will have a disability determination done by UMass DES. Elder immigrants who get EAEDC cannot get a DES disability evaluation. If you are an elder immigrant receiving EAEDC, DTA has a medical form where your doctor can certify that you meet the SSI standards. This is especially important for legal permanent residents subject to the 5-year waiting period. See Question 46.

DTA Policy Guidance: Part 2 General Eligibility Rules DTA Online Guide: SNAP > Eligibility Requirements > Elderly/Disabled > SNAP Disability Requirements and Verifications; and > Processing a Claim of Disability to Qualify for the Special Regulations for SNAP Eligibility. 36 What if I am homeless or live in a shelter? You do not need a permanent address, cooking facilities or a regular place to live to get SNAP. 106 C.M.R. 362.100. You can get benefits if you live on the street, are staying at a homeless shelter or a shelter for victims of domestic violence. 106 C.M.R. 361.240(B). You can also get SNAP even if you get free meals at the shelter or soup kitchen/meals program. When you apply, DTA will ask for proof of your identity. 106 C.M.R. 361.610(G). DTA will also ask for and verify your SSN. See Question 12. If you do not have any ID, there are many ways you can prove who you are. This includes a written statement from a staff person at a soup kitchen, detox program or shelter. 106 C.M.R. 361.640(B). If you do not have an address where you can regularly pick up mail, you can have mail from DTA sent to a local organization such as a shelter that accepts mail for clients, or to a U.S. Post Office Box. If needed, you can also pick up your DTA mail at your local DTA local office, You may also qualify for emergency or expedited SNAP, Question 20. And the $143 homeless deduction should be used to calculate your countable income. See Question 75. Three-month ABAWD time limit and exemption for homeless individuals If you are between age 18 and 49 without children and lack a stable nighttime residence, you may be exempt from the ABAWD (able-bodied without dependents) three-month SNAP time limit. You can call the DTA Assistance Line to claim an exemption or complete a special ABAWD Homeless Exemption Form, Appendix C. See Question 56 for all the ABAWD exemptions. DTA Policy Guidance: Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 77

Online Guide Sections: Homeless Households Policy and Procedures and SNAP > Work Requirements > ABAWD Work Program Requirement > ABAWD Work Program Exemptions Additional Guidance: DTA worker must ask homeless client if they can provide the, address of friend, relative, authorized representative or shelter as mailing address. The local DTA office (TAO) can be used as last resort. A DTA form, Using TAO for Mailing Address must be signed by client. OLG Transmittal #2015-35 (Aug. 7, 2015). When family is placed in EA shelter, DHCD is required to send updated information (including address) to DTA. Online Guide Transmittal 2015-1 (Jan 23, 2015). DTA staff must assist homeless clients to identify a mailing address, including the address of local TAO. OLG Transmittal #2015-35 (Aug 7, 2015) 37 Can I get my own EBT benefits while living in a group home? If you live in a licensed group home for persons who are disabled or blind, you are eligible for SNAP benefits at the one-person benefit amount, even if you share common meals at the group home. 106 C.M.R. 361.240(B), 365.620. You may be able to apply and manage your own SNAP benefits or the group home may decide to be your Authorized Representative. See Questions 7 and 8. The group home must make this decision based on an individualized determination of your physical and mental ability to handle your own affairs. 106 C.M.R. 365.620(A). You also have the right to challenge their determination if you want to keep your own EBT benefits. You cannot be forced to automatically turn over your EBT benefits or forced to appoint the group home as your Authorized Representative. However, if you get prepared meals at the group home, they may ask you to contribute some of your SNAP benefits toward the cost of these meals. Advocacy Reminders: ü If you leave the group home to live on your own in private or public housing, your SNAP benefits should still continue without interruption. The group home should turn over any remaining benefits for the month you leave. Be sure to report the change in address, living situation and

expenses. DTA should not require you to file a new application unless your certification period is ending. ü If the group home insists you appoint them as your authorized representative to receive your EBT card, and you do not agree, contact a legal advocate. ü Sober houses typically provide room and meals for adults who have substance abuse issues and may be homeless, transitioning from a treatment program and/or referred by a court or probation officer. Sober houses may be regulated at the local level but usually are not licensed or regulated by the Massachusetts Department of Public Health. If you live in a sober house or other roomer/boarder situation that is not licensed by the state, you cannot be forced to turn over your EBT benefits without your written agreement. If this has happened to you, contact an advocate. DTA Policy Guidance: Online Guide Sections: SNAP > Expenses and Deductions > Household Expenses > Group Homes > Group Homes Additional Guidance: When group home indicates a portion of the resident s fee is used toward heating or cooling expenses, the SNAP benefits are calculated with the heating/cooling SUA. Transitions Quality Corner (January 2011) Interagency agreement with DMH, DDS to designate 10% of residents shelter costs as a heating expense. This leverages heating/cooling SUA in SNAP calculations. Transitions FYI, (Sept. 2007) Representative payee administrative fees charged for SSI or RSDI recipients should be treated as dependent care expenses. Transitions FYI, (Sept. 2006) 38 Am I eligible for if I live in a hospital, school, or other institution? Residents of institutions that provide residents with a majority of meals (e.g. more than half) do not qualify for SNAP benefits. Institutions include hospitals, boarding schools, nursing homes, mental health facilities, and prisons. 106 C.M.R 361.240(A) and (B). Children placed in foster care or youth services are also not SNAP eligible if their absence from the home will last more than 30 days. See Question 40. Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 79

However, there are a number of exceptions that permit residents of certain institutions to receive SNAP. 106 C.M.R. 361.240(B). You may still be eligible for SNAP if you live in the following settings: federally subsidized housing for the elderly, group homes that serve persons with disabilities and have less than 16 residents, shelters for homeless individuals or families and shelters for victims of domestic violence, teen parent living programs. The teen program may act as your authorized representative and use your benefits for group meals or may let you use some or all of the benefits separately, see 106 C.M.R. 365.620(B), or drug or alcohol treatment centers (public or nonprofit). The center will require you to make them an authorized representative during your stay. 106 C.M.R. 365.610. Advocacy Reminders: ü If you are sentenced by a court to home detention (for example, you wear an electronic or prison bracelet at home), you are not jailed or incarcerated. ü If you move from live in a drug/alcohol treatment centers or teen living program, you should receive your SNAP benefits directly once you move into a permanent residence. The residential program should immediately report the change of address to DTA to ensure your SNAP benefits continue if you are still SNAP eligible. Additional DTA Guidance: Program fee for clients living in certain temporary housing types, including sober houses, transitional living programs and Teen Parent Programs do not generally count as shelter expenses. If shelter costs are claimed, verification must be submitted that includes amount paid for shelter. PPER Email 2015-9 (Feb 6, 2015) DTA match with DYS to identify and terminate SNAP of youth removed from home in custody of the state. Ops Memo 2013-36 (July 26, 2013) Battered woman who moves to DV shelter can receive own SNAP benefits, even if still on SNAP grant of abuser. Transitions Hotline Q &A (May 2012) Children home on summer break are eligible for benefits, but not while at school. Transitions Hotline Q&A (July 2006)

Receipt of school meal plan at college does not disqualify student if meal plan does not provide majority of meals consumed. Transitions Hotline Q&A (Nov. 2006) Home detention (electronic bracelet) does not render an applicant ineligible. Transitions Hotline Q&A (Aug. 2001) Social Security or other income received for a child in an institution is not countable to rest of household. Transitions Hotline Q&A (June 2000). 39 What if I am a boarder or I live in someone else s home? If you live in someone else s home and you pay that person for a room and at least half your weekly meals, you are considered to be a boarder. You are not eligible for SNAP benefits as a separate household. 106 C.M.R. 361.240 (D). Special rules apply for boarders. If you rent a room in someone else s home and do not get or pay for meals, you are considered to be a roomer. As a roomer, you can apply for SNAP as a separate household, so long as you purchase and prepare the majority of your meals separately from the other people in the house. 106 C.M.R. 361.230(A). See Question 31. How SNAP Treats Boarders If the household where you are boarding is getting SNAP, DTA may include or exclude you (and your income) in their SNAP benefits based on what you pay for food. If excluded, DTA will then count what you pay for room and board (after certain deductions) as income to the host household. If you do not pay a reasonable amount for meals, you must be included in the SNAP household of household providing meals. That means your income and assets will be counted in figuring the eligibility of the whole household. 106 C.M.R. 361.240(D). A reasonable amount is an amount that equals or exceeds the SNAP benefit level for your household size (for example, $194/month for someone getting three meals per day). 106 C.M.R. 361.240(D). Example: Janet and Joe are 23 years old. They move into Janet s mother s house. Janet s mother receives SNAP benefits. Janet s mother does all of the shopping and makes all of the meals for Janet and Joe. Janet and Joe pay $150 a month towards food and $200 towards rent. They are considered boarders. Because $150 is less Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 81

for food than the SNAP benefit amount for a household of 2, Janet and Joe must be part of Janet s mother s SNAP household and their income and assets count. However, if Janet and Joe bought their food separately, instead of giving Janet s mother money for food, they would not be required to be in her household. If you are elderly or disabled and live with others who provide meals for you, see Question 33. 40 What if I am caring for a foster child or disabled foster adult? Foster Children: In general, children under age 18 and under the supervision of an adult must be part of the adult s SNAP household. However, a SNAP household hosting a foster child can choose to include or exclude the child from the SNAP household. 106 C.M.R. 361.240(F). If the foster child is excluded, the foster care payments and any other income received for the child, such as child support, will not count as income to the SNAP household. It is usually better to exclude the foster child to maximize the SNAP benefits for the rest of the household. But, the foster child cannot get benefits as a separate SNAP household. Example: Sam and Susan have two children of their own. They also care for a foster child, Jimmy, and get foster care payments of $600 per month for him. They can apply for SNAP for themselves and their two children (family of four), excluding the monthly foster care payment from income. Alternatively, Sam and Susan can apply for SNAP for a family of five including their two children, and their foster child, Jimmy. In that case, their income, plus the foster care payments they receive for Jimmy will be used in the calculation of benefits for five people. Households usually get more SNAP benefits excluding the foster child since the foster care payments are then excluded from countable income. Fostered Adults: A SNAP household also has the choice to include or exclude adult foster care members, even if they share family meals with that person. 106 C.M.R. 361.240(F). Adult Foster Care (AFC) is a special MassHealth

program for frail elders and adults with disabilities who cannot live alone. 130 C.M.R 408.410-438. MassHealth pays qualified AFC caregivers up to $18,000 a year to provide in-home care to elder and disabled MassHealth recipients who would otherwise be in a long-term care facility. However, the caregiver and other family members may still be low income and qualify for SNAP benefits. If the fostered adult is not included as a household member in the SNAP application, none of the AFC payments paid to the caregiver or the income of the disabled adult counts for SNAP. By excluding the AFC payment and other income of the fostered adult, such as SSI or Social Security, the caregivers often qualify for higher SNAP benefits. Example: Frank and Emma Wilson AFC caregivers for an 88 year old Margaret. Emma takes care of Margaret daily including all meals. Frank works part time earning $1,800/month gross income. He helps Emma on weekends. The AFC Program pays the Wilsons $1,500 a month. Margaret also receives $800 in Social Security. Under the SNAP rules, Frank and Emma can apply for SNAP benefits for a 2 person household, excluding Margaret from their SNAP household. Only the $1,800 income earned by Frank is countable income for their SNAP application. The $1,500 AFC payment and Margaret s $800 Social Security are not counted as income. This is true even though the couple purchases and prepares the household food all together. Advocacy Reminders: ü A SNAP household can request that DTA remove a foster child or foster adult from the SNAP household at any time. If you discover a family getting lower SNAP because a foster child or fostered adult is in the household, they can ask to change the household composition anytime. DTA Policy Guidance: Online Guide Sections SNAP > Eligibility Requirements > Household Composition > Household Composition Foster grandparent income is not countable. Transitions FYI (Jan. 2005). Adopted children are required to be included in household with parents. Transitions Hotline Q&A, (Oct. 2001) Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 83

41 What if I am a college student? Many low-income college students may be eligible for SNAP benefits but not realize it. The college student rules can be very confusing. Eligible college students If you are a low-income college student enrolled at least half-time or more, you may qualify for SNAP on your own or part of your parent s household if you meet any one or more of the following: you are younger than 18 or older than 49; you receive either federal or state work-study during the school year (for any amount of work-study hours); you work for pay for 20 hours or more per week ; you are enrolled full-time in a school or training program not considered an institution of higher education such as GED, Adult Basic Ed, HiSET, or you are enrolled in a ESL program; you are going to school under a DTA-approved SNAP education or training activity or another government-sponsored education and training program; you are attending a community college and pursuing a degree or certificate program that is in a career or technical education field or similar program that the college determines will increase your employability; you have a child under age 6; you have a child under age 12 and you are a single parent in school full time or you are a parent and do not have enough child care coverage to both attend school full time and work 20 hours; you receive TAFDC cash benefits as a pregnant woman or for dependent children; you are disabled and receive disability-based benefits such as SSI, MassHealth as disabled or EAEDC;

you are physically or mentally unfit for employment and have a reduced capacity to support yourself as verified by your health care provider; OR you are in a vocational, mental health or substance abuse rehabilitation program. The SNAP regulations at 106 C.M.R. 362.400-362.420 lists the conditions or exemptions that qualify college students. Example 1: Jane is a single parent and a full-time college student with one child age 10. Jane qualifies for SNAP, even though a student, because she is a single parent with a child under age 12. Example 2: George is a full-time college student with no dependents. He has a work-study job on campus for 5 hours a week. George meets the SNAP rules for college students because he is doing work-study. He does not need to work 20 hours per week. Example 3: Suzy is majoring in communications at Bunker Hill Community College. Because she is in a public college and in a program that is expected to lead to employment, according to the college, she meets the student eligibility requirements. College students enrolled less than half-time do not need to meet the conditions above to get benefits. 106 C.M.R. 362.400(A). Massachusetts Community College Students: You may be SNAP eligible if you are a community college student enrolled in degree or certificate programs that is considered a career or technical education program, or other course of study that the community college determines is likely to make you more employable. This state SNAP policy is especially important if you cannot get work study, find a part-time job while in school or meet the other student exemptions to qualify. Appendix C includes the DTA form (CCE-1) used to verify eligibility for students in community colleges. Purchase and prepare rules for college students If you live on campus and get most of your meals through your meal plan, you do not qualify for SNAP. If you live with your parents and you are under age 22, you must be part of their SNAP household if you meet the student eligibility rules, and even if you purchase and prepare food separately. See Question 17. Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 85

Treatment of college student loans and grants There are specific rules on what income is countable for eligible college students. It is important to remember the following: Federal loans, grants and work-study are excluded or non-countable income for SNAP purposes.106 C.M.R. 363.230(D). This includes Pell Grants, FSEOG, federal college work study, Perkins Loans and other student financial aid from programs administered under Title IV of the federal Higher Education Act. Private and state grants, private loans and state work-study monies do count but only the amount that is designated for your living expenses counts in calculating SNAP benefits (e.g., the amount that the loan exceeds your tuition, fees, books, supplies, child care and other earmarked educational expenses). 106 C.M.R. 363.230(D)(4). If you do have countable income from loans or grants, DTA will average the amount of available income monthly over the course of the academic year or semester, even if you receive it in a lump sum. 106 C.M.R. 364.340(A)(2). For more information on the income counting rules and what is countable or non-countable, see Question 60 and 61. Non-countable income does not need to be verified. To help verify your countable school income, DTA uses an Educational Income and Expense Form (EDUC-1). See Appendix C. By signing this form, you are giving permission for your college financial aid office to release information to DTA. Use of the form also makes it easier for the financial aid office to report non-federal financial aid you receive and indicate if any of it is designated for your living expenses. You are not required to use this form but it may help in getting the exact information DTA needs. DTA Policy Guidance: Online Guide Sections: SNAP > Eligibility Requirements > Students > Students Additional Guidance: College students are considered continuously enrolled during holiday and summer vacations, unemployed college student not receiving work-study may not be SNAP eligible; earnings of ineligible student not count to SNAP household but do count where student becomes SNAP eligible if work hours increase to 20 hours/week. Transitions Hotline Q&A (June 2014)

VA educational benefits excluded as income if VA grant or scholarship precludes use for current living costs. Transitions Hotline Q#5 (May 2013) Job Aid for DTA workers Everything you need to know about student eligibility for SNAP, Transitions Training Corner (Sept 2012) DTA guidance on SNAP eligibility for community college students enrolled in career and technical education or other programs likely to lead to employment. F.O, Memo 2010-28 (June 1, 2010), DTA Transitions Hotline Q&A (July 2010), updated CCE-1 form issued January 2012. Guidance on college students living with others - ineligible college student are non-household members and their income does not count toward SNAP household. Transitions Hotline Q&A (July 2009) Work hours of employed students should be averaged over the month to get a weekly average (for students eligible claiming 20 hours/week average work) F.O. Memo 2007-44 (Aug. 30, 2007) Once student turns 22, he/she can be own SNAP household even if living with parents as long as adult child purchases and prepares separately; participation in school meal plan does not disqualify student if meal plan not provide majority of meals. Only one parent in a 2-parent household can claim responsibility to care for a young child to meet student rules. Transitions Hotline Q&A (Nov. 2006) Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 87

42 What if I have a criminal record or DTA says I m a fleeing felon? A criminal record, including a drug felony conviction, does not bar you from receiving SNAP benefits in Massachusetts. However, you can be barred from SNAP benefits if you: are actively fleeing prosecution or punishment for a felony, or violate a condition of probation or parole. See 106 C.M.R. 367.800(D). DTA recently updated its regulations (December 2016), to confirm that fleeing felon status is verified with an outstanding felony arrest warrant for any of the four categories or codes under the National Crime Information Center Uniform Offense Classification Codes: escape (4901), flight to avoid (4902), or flight-escape (4999). This is consistent with the federal SNAP rules that directs states to confirm if an individual is actually fleeing prosecution by confirming a) there is an outstanding felony warrant, b) the individual is aware of or should be reasonably expect the felony warrant, c) the individual is taking action to avoid being arrested, and d) law enforcement is actively seeking the individual. 7 C.F.R. 273.11(n). Bottom line, unless law enforcement has arrested an individual and placed them in custody, the individual is not barred from SNAP. FR 55410 Vol. 80, No. 175, 9/10/15. Advocacy Reminder: ü You cannot get benefits if you get more than half your meals from a prison or half way house, but you may be eligible for SNAP benefits if you are sentenced to home detention (for example, with an electronic bracelet). See Question 31.

43 Who is considered a United States citizen? A United States citizen is an individual who was born anywhere in the United States or its territories, including Puerto Rico, Guam and the U.S. Virgin Islands. Individuals from the American Samoa or Swain s Island are also considered U.S. citizens for benefits purposes. An individual who was born in another country and was granted U.S. citizenship through the naturalization process is also a U.S. citizen. 106 C.M.R. 362.200. In addition, derived citizenship is based on the U.S. citizenship of one s parents. If an individual was born abroad and at least one of the biological parents was a U.S. born citizen at the time of the child s birth -- and lived in the U.S. at any time prior to the birth -- the individual may have derived citizenship. An individual born abroad also has derived citizenship where both parents naturalized to U.S. citizenship before the child turned age 18. 106 C.M.R. 362.210. These individuals do not need to petition for U.S. citizenship or naturalize in order to be considered a U.S. citizen eligible for SNAP benefits. Under the SNAP program, you are not required to verify U.S. citizenship unless the DTA finds the information provided is questionable. 106 C.M.R. 362.210. The program rules allow you to self-declare, under penalty of perjury, that you are a U.S. citizen. Advocacy Reminders: ü Persons born in Puerto Rico do not need to re-verify identity, age, date of birth or U.S. citizenship unless information provided is questionable. ü It may be helpful to ask an individual born abroad if either of his or her parents were a U.S. citizen or if the parent(s) naturalized before the individual turned age 18. Some clients may not know they have a right to claim derived citizenship and should be referred to an immigration or naturalization specialist. DTA Policy Guidance: DTA Online Guide: SNAP > Eligibility Requirements > Citizenship > Citizenship Overview Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 89

Additional Guidance: SAVE should serve as primary source of verification when a non-citizen reports a new status. Ops Bulletin 2015-13 DTA guidance on handling cases for individuals with voided Puerto Rican birth certificates. F.O. Memo 2010-49 (Nov. 1, 2010) U.S. citizenship of children is not questionable solely because parents are immigrants. Transitions Hotline Q&A (March 2006) Foreign-born children of U.S.-born and/or naturalized U.S. citizens are also U.S. citizens and meet the SNAP citizenship requirements. Transitions Hotline Q&A (May 2006) 44 Am I eligible if I am a legal immigrant? The eligibility rules for immigrants and refugees (immigrants) are very complicated and sometimes require the advice of an experienced advocate. It is also important to note that the SNAP eligibility rules affecting immigrants are different from cash assistance and MassHealth rules. The chart in Appendix D highlights the differences. There are basically three groups of immigrants who qualify for benefits under the SNAP rules. 106 C.M.R. 362.220-362.240. Group 1: Refugees and other individuals who have fled persecution You qualify under the SNAP eligibility requirements if you are: A person who entered the U.S. as a refugee, A person granted asylum after entering the U.S., A person granted withholding of deportation or removal, A Cuban/Haitian entrant defined as a national of Cuba or Haiti who has legal status, a pending application for asylum or an application for certain other statuses, A Vietnamese Amerasian immigrant (e.g., the offspring of a U.S. citizen conceived during the Vietnam war), or A victim of trafficking in persons such as slavery or sex trafficking who has applied for status under a special process with the Department of Health and Human Services.

Nationals of Iraq or Afghanistan granted a Special Immigrant Visa (SIV) designation. SIV holders are legal permanent residents, many of whom worked on behalf of the U.S. government in Iraq or Afghanistan. They and their immediate family members may be granted immediate legal permanent residence in the U.S. If your immigration status falls under one of the above, you qualify for SNAP benefits without the five-year waiting period. You are also eligible without the 5-year waiting period if you recently became an LPR even if you previously had one of these statuses. Group 2: Legal permanent residents, parolees and battered immigrants You may qualify under the SNAP requirements if you are: A legal permanent resident (LPR or sometimes referred to as a green card holder ), A person granted parolee status (generally based on humanitarian or public interest reasons) for more than one year, or A battered immigrant (this includes the parent of an abused child or the child of an abused parent) who meet the requirements for battered immigrants in Question 47. If you are one of the above immigrants, you also do not need to wait five years if you meet any of the following: You are a child under age 18, or You are blind or have a disability that your health care provider states meets SSI criteria and you are receiving a state or federal disability benefit, such as MassHealth Disability, EAEDC, or other benefits listed in Question 34, or You are an LPR credited with 40 qualifying quarters of work history. See Question 45. Group 3: Immigrants with other special statuses You meet the SNAP eligibility requirements, without the 5-year waiting period, if you: are a Native American born in Canada or Mexico (Native Americans born in the U.S. are already U.S. citizens), Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 91

were a Hmong or Highland Laotian tribe member during the Vietnam war or are the spouse, surviving spouse or unmarried dependent child of a tribe member, or are a veteran of the U.S. military, an active duty service member, or the spouse, widow or dependent of a veteran or active duty service member lawfully residing in the U.S. (even if not an LPR). See 106 C.M.R. 362.240(A) for a list of immigrants considered to be lawfully residing in the U.S. Ineligible immigrants Unless you fall within one of the above three groups, you are not eligible for SNAP. See 106 C.M.R. 362.220(D)-(G). You may still file an application for U.S. citizen or qualified immigrant dependents who meet the SNAP eligibility rules, but you will not receive benefits for yourself. Examples of ineligible immigrants include: Non-disabled adult LPR or parolee who has less than 5 years in qualified status and insufficient work history. See Question 45. An immigrant who is lawfully present under other provisions of federal immigration law, such as an applicant for asylum or adjustment under a relative petition, an immigrant granted Temporary Protected Status, or other status where you have work authorization or are known to the Department of Homeland security, An out-of-status or undocumented immigrant, or A non-immigrant (student, visitor, diplomat). See Question 48 for how ineligible immigrant parents can apply for eligible children, and Question 50 for a description of how income of ineligible immigrants is counted to the rest of the household. Advocacy Reminders: ü For copies of U.S. Immigration and Citizenship Service-issued documents and a key to the USCIS immigration codes, see materials produced by National Immigration Law Center available at http://www.dshs.wa.gov/pdf/esa/manual/nilcguide.pdf ü You must give proof of immigration status for any immigrant household member who is applying for SNAP. Federal law requires DTA to confirm with immigration officials the status of all applicants

through the alien status verification system, called SAVE or Systematic Alien Verification for Entitlements. ü If DTA has made a SAVE request for verification of status and is waiting for more information, DTA should provide SNAP pending the results for up to 6 months from the date of the original request for verification. 7 C.F.R. 273.2(f)(1)(ii)(B)(3) ü USCIS has a special process for immigrants to correct wrong or incomplete information in SAVE. www.uscis.gov/save. Contact an advocate if DTA says SAVE has not confirmed your status or if you wish to correct the information USCIS has in SAVE. ü Be sure to double check if DTA says you must wait 5 years for benefits. Persons unfamiliar with the immigrant requirements sometimes incorrectly assume all LPRs must wait 5 years when rule does not apply to LPRs who entered as refugees, asylees, children and certain disabled immigrants. A battered immigrant s 5 year waiting period starts from when the VAWA or a relative petition was filed and not when granted LPR status. DTA Policy Guidance: DTA Online Guide: SNAP > Eligibility Requirements > Noncitizen > Noncitizen Introduction; > Legal Permanent Residents > Legal Permanent Resident Overview and SNAP > Eligibility Requirements > Noncitizen > Systematic Alien Verification for Entitlements (SAVE) Additional Guidance: Disabled LPRs receiving EAEDC not subject to 5 year bar if disability meets disability severity of SSI as determined by UMass Disability Evaluation Service (DES). Elderly LPRs (age 65+) not subject to 5 year bar if receiving EAEDC and can provide statement from MD re disability, no need for UMass DES review. Hotline Q & A (October 2014) SAVE: Reminder to DTA staff about how to verify noncitizen status and information from USCIS on SAVE document selections. Operations Bulletin 2017-2 (Jan 17, 2017). Ops Memo 2013-14A (May 2, 2013); Right of immigrants to notify USCIS and correct inaccurate immigration status information in SAVE, Ops Memo 2013-14A (May. 2, 2013) Start date of 5- year waiting period begins with date immigrant granted humanitarian parole and not LPR status. Transitions Hotline Q&A, (Oct. 2011, and Q&A of May 2006) Guidance on Iraqi and Afghan Special Immigrant Visa (SIV) treated same as refugees, no 5 year wait. F.O. Memo 2010-19 (March 6, 2010) Detailed guidance on Cuban and Haitian nationals who qualify as Cuban/Haitian entrants and how to verify eligibility. F.O. Memo 2007-52 (Sept. 28, 2007) See also Transitions Hotline Q&A (Nov. 2011) re parolee from Cuba or Haiti may qualify without 5 year wait. Food Stamp/SNAP Advocacy Guide 2017 February 2017 Page 93