The following are guidelines for dealing with SNAP households and resources. Typically resources are excluded for the SNAP program unless the following:
- The household qualifies for expedited services. The resources must be looked at to see if the liquid resources + income are greater than the household expenses (shelter cost plus appropriate utility deduction). Two other instances qualify the household for expedited services. One is if the household income is less than $150 and liquid resources do not exceed $100. Another is if the household is considered to be a migrant or seasonal farm worker and is considered destitute when liquid resources do not exceed $100.
- The household contains one or more sponsored aliens whose sponsor’s resources must be considered.
- The household has substantial lottery or gambling winnings.
There are other households as well; non-categorically eligible households, where you have to consider resources for SNAP.
Substantial Lottery or Gambling Winnings
All households with substantial lottery or gambling winnings are subject to the substantial lottery and gambling disqualification standard. Substantial lottery or gambling winnings are defined as a cash prize won in a single game, before taxes or other amounts are withheld equal to, or greater than, the disqualification standard. If multiple persons share in the purchase of the ticket, hand, or similar bet, the winnings are prorated. The household must verify the winnings from the appropriate lottery commission or gaming facility.
Refer to Appendix C-3, Maximum Food Benefits Allotments and Standards for Income and Deductions to determine the standard.
If the household receive substantial winnings while not receiving SNAP; they are not subject to resource requirements. When the household’s winnings exceed the SNAP resource standard for the elderly or disabled, the worker closes the SNAP food benefit for the next advance notice effective date per Appendix B-2.
To regain eligibility, the household’s countable resources must be at or below $2,250 if it does not contain an elderly or disabled household member or $3,500 when the household contains an elderly or disabled member. The household has to verify the countable resources are below the applicable resource standard. Once the household regains eligibility; it is no longer subject to resource requirements.
A sponsored alien is a person who is lawfully admitted to the US; however, due to a condition of their entry, they must be sponsored with an affidavit of support by another person in the United States. A sponsor is a person (not an organization) who executed an affidavit of support on behalf of the alien as a condition of their admission into the United States as a permanent resident.
If a client is sponsored, you must address something that USDA policy calls “deeming requirements.” Clients can be exempt from these requirements, and as their worker, you are responsible for exploring every possibility to exempt them from this procedure. Only aliens who entered the US on or after December 19, 1997 are subject to deeming requirements.
The following conditions exempt sponsored clients from deeming requirements:
- Aliens who are a battered spouse, battered child or parent, or child of a battered person when they live in a separate residence from the person responsible for the battery
- When the food benefit household includes the alien and the sponsor, the sponsor’s income already counts. When the sponsor receives food benefits in another household, the sponsor’s income must be deemed;
- When the sponsored alien is ineligible for food benefits because of immigration status, such as he or she is not a qualified alien
- Children under the age of 18.
The above conditions should be fully explored for the client before proceeding to the next exemption. If none of the above exemptions are applicable, then we can look at the following.
Another exemption exists when the alien’s own income and any assistance provided by the sponsor or any other person is not enough for the alien to obtain food and shelter without help from other assistance programs. The worker cannot attribute more income and resources to the alien than actually received for a 12-month period. An alien is considered indigent if the sum of alien’s household’s own income and any cash or in-kind assistance provided by the sponsor or others is less than 130% of the poverty limit as shown on Appendix C-3. Each indigence determination is effective for 12 calendar months and may be renewed for additional 12-month periods.
In order to obtain this exemption, OKDHS must send a written notice of the determination to the statistics branch of the United States Citizenship and Immigration Services (USCIS). After learning of the reporting requirement, the alien may refuse food benefits for him or herself without withdrawing the entire household’s application. If they decide to not have this exemption due to being indigent, then eligibility and benefits are determined based on the deeming formula.
Non-Categorically Eligible Households
The worker must verify and determine resource eligibility for households that cannot be considered categorically eligible. Non-categorically eligible households include households:
- That reapply following closure or denial due to substantial lottery / gambling winnings
- That include a member disqualified for an intentional program violation, who is a fleeing felon, a probation or parole violator, or was convicted of certain crimes and is not in compliance with the terms of the sentence; and
- Whose head of household is disqualified for failing to comply with work requirements.