Department of Human Services

Food Stamp OnlinePolicy Manual

Treatment of Income

Revised:

22.7

CONSIDERATION OF INCOME BELONGING TO PARTICULAR INDIVIDUALS

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1240-1-4-.17(7)

The income of all persons who share a living arrangement must be explored, but all individuals income may or may not be considered in the determination of eligibility and level of benefit as described below:

 

(a)   Individuals Whose Income IS to be Considered

 

1.      Household Members

 

The non-excluded income for all household members must be considered totally available to the household when determining eligibility and level of benefits. None of it may be diverted to ineligible individuals in, or outside of, the household.

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2.      Excluded Household Members

 

(Refer to Household Composition Section 1240-1-2-.02-(4).

 

(i)     Ineligible Aliens; Individuals Whose Citizenship is Questionable; Individuals Disqualified for Failure to Provide or Apply for SSN

 

The earned and/or unearned income of these household members will continue to be counted as income to the remaining household members, less a pro rata share for the excluded member(s). The pro rata share is calculated by dividing the excluded memberís countable income evenly among the household members, including the excluded members. All but the excluded memberís share is counted as income for the remaining household members.

(ii)   Individuals Disqualified for Intentional Program Violations; Non-Compliance with the Work Requirements including Voluntary Quit; Convicted of Trafficking in Food Stamps of $500 or More (eff. 11/1/96); Second Violation of a Finding by a Federal, State or local Court of Trading of Coupons for a Controlled Substance (eff. 11/1/96); First Violation Based Upon a Finding by a Federal, State or local Court of the Trading of Firearms, Ammunition, or Explosives for Coupons (eff. 11/1/96); Individual Found to Have Made a Fraudulent Statement or Representation with Respect to Identity or Residence in Order to Receive Multiple Benefits Simultaneously (eff. 11/1/96); or Convicted (under Federal or State law) of a Felony Offense Which Occurred after August 22, 1996 Which has an Element the Possession, Use, or Distribution of a Controlled Substance (eff. 7/1/97);

The earned and/or unearned income of these members will continue to count in their entirety to the remaining Food Stamp household members.

 

(b)   Individuals Whose Income IS NOT to be Considered for Food Stamps

 

1.      Ineligible Students

 

The income of individuals who are not eligible because of student eligibility criteria.

 

2.      Individuals Living Outside the Household

 

The income of any individual who does not actually live with the household, regardless of legal relationship to members of the household.

 

Exception:An individual sponsorís and spouseís income must be counted toward the alien whom he/she is sponsoring if the new affidavit is signed. (Refer to Section 1240-1-3-.12-(2).

3.      Children Under Age 18 Who are at Least Half-Time Students

 

The earned income of children under age 18 when the person:

 

-     is a student at least half-time in elementary school, high school, or classes to obtain a General Equivalency Diploma (GED); and

-     lives with a natural or adoptive parent or stepparent, or

-     is under the control of a household member other than a parent.

 

4.      Boarders

 

Only the amount paid for room/board is considered as income to the household, unless the household has requested the boarder to be considered as a household member.

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5.      Foster Child or Foster Adult

 

The Food Stamp household has the option of whether to consider the foster child or foster adult as a household member. If the household requests that the foster individual not be counted as a household member the individualís income would not be counted toward the household. If the individual is considered as a household member, then the individualís income would be counted toward the Food Stamp household.

 

Glossary of Terms

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