Food StampsSNAP 101

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Food Stamps/SNAP 101
Patricia Baker, Mass Law Reform
Institute December, 2009
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What are Food Stamp/SNAP benefits?

• Name changed to Supplemental Nutrition
  Assistance Program in 2008
• 100 federally-funded entitlement program
• Electronic benefits
• to buy food
• Amount based
• on income level

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Is everyone getting Food Stamps/ SNAP?

• July 2000 220,500 participants
• MA worst participation rate in U.S.
• September 2009 670,000 participants
  (individuals)

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GOALS for Part I Applications

• The eligibility process
• Application rights
• Verifications options
• Interview process
• Time frame for getting benefits
• Challenging denied applications

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Basic Application Rights

• Apply in person at local DTA and file it the
  same day
• Send an application by mail, by fax or Virtual
  Gateway logged in same day received
• Apply at SSA District Offices if an SSI
  application or recipient (at RD)

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Application rights continued

• Designate an authorized representative
• Someone else can apply for you and/or
• Receive the FS EBT card for you
• Have your TAFDC or EAEDC applications treated as
  FS application (even if cash denied)
• Get expedited (fast) benefits if eligible

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Application Interview

• Phone interview should occur unless -
• You request an in-person interview
• Information on FS application or proofs are
  questionable
• DTA cannot require in-person interview if -
• Client is LEP and needs interpreter. Must Qwest
  Language Line
• Communication difficulties. DTA must offer TTY,
  VRS, authorized rep

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Verification Requirements

• Mandatory verifications
• Identity and Residence
• Earned or Unearned Income
• Legal immigrant status (if not US citizen)
• Optional verifications to claim deductions
• Rent or mortgage expenses
• Child support paid out
• Medical expenses (elder/disabled) at least
  36/mo
• Child/Dependent care can be self declared

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Verification Rights

• Get a list of specific verifications
• Get worker assistance to get proofs
• Provide alternate verifications
• Let DTA do collateral contact
• Fax or mail in copies of verifications
• If missing proofs provided -
• Get case re-opened within 30 days of denial
• Appeal within 90 days and get case reopened

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Receiving Expedited Benefits

• Eligible expedited households
• if shelter costs gt gross income and assets
• if migrant household, assets lt 100
• if gross income lt 150, assets lt 100
• EBT benefits provided within 7 days of
  screening for expedited
• Identity only verification required
• FS/SNAP benefits issued for one month
• EBT card mailed by vendor, or can pick up at
  office

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TIME LINE for Getting Benefits

• Day 1 Signed or on-line app received by DTA
• Day 2 DTA phone call and expedited screening,
  letter sent scheduling interview within 5 days if
  no phone contact
• Day 7 Expedited benefits issued
• Day 14 Interview done if non-expedited
• Day 30 Notice of approval or denial
• Day 60 Right to reopen if missing verifications
• 90 days from denial notice Right to appeal

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Reporting Changes

• Semi-Annual Reporting (USR)
• Receive and return report to DTA at 6 mos
• Interview only once a year
• Only report income if gt gross income limit
• Option to report other changes to ? FS/SNAP
• Change Reporting (10 days of change)
• Monthly Reporting (TAFDC h/hs)

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Case Review Interview

• Interview (by phone) required at case review
  called recertification
• NO interview for elder/disabled household if
• No earnings
• Recertification form complete
• No mandatory verifications missing
• No questionable information

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Questions?

• Questions about Application Rights,
  Verifications, Reporting Changes?

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GOALS for Part II Households

• Understand the household (HH) concept
• Maximize options for separate HH status
• Identify ineligible persons within HHs
• Identify ineligible and disqualified HHs and HH
  members

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Household Concept Composition Rules

• Household means
• An individual who lives alone or lives
• with others and purchases prepares
• meals separate from others.
• -OR-
• A group of
  individuals who live together and
  purchase prepare meals
  together.

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The Household Concept

• Purchase and Prepare (PP) rule
• Buy and cook a majority of meals separate (more
  than 11/week out of 21 meals/week)
• Separate household status more benefits
• Individuals living alone
• Individuals living with others, but PP apart
• Families or couples living with others but PP
  apart

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The Household Concept Continued

• Even if PP separately, NO separate Household
  Status for -
• Spouses
• Children lt age 22, even if child is a parent
• Unrelated children lt age 18 where adult provides
  supervision or financial support

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The Household concept continued

• Special exceptions to household rule even if food
  shared
• Residents of drug, alcohol centers
• Homeless shelters and DV shelters
• Elder or disabled persons in group living
• Foster child/adult option to include/exclude

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Questions?

• Questions about the Household Rule and its
  exceptions?

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Part III Income Rules and Benefits Calculations
Goals

• Understand some of the logic behind the FS
  calculation
• Understand countable vs non-countable income
• Do calculation to tell households an approximate
  FS benefit amount

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Calculators

• Project Bread www.gettingfoodstamps.org
• Legal services
• www.masslegalservices.org/FScalculator
• Work sheet -- (pencil or hand calculator!)

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Three steps to calculate FS/SNAP

• Figure households gross income does household
  pass the gross income test?
• Figure households net income - the income left
  after all allowable deductions.
• Estimate food stamp/SNAP benefit amount

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Some income not counted

• Federal educational aid most state educational
  help
• AmeriCorps, VISTA, other sources
• Tax refunds, Earned Income Credit
• Income from students under 18 living with parent
• Non-cash contributions from someone without legal
  responsibility (e.g., free housing, food)
• Many third party payments
• Check regulations for full list

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Figuring Monthly Income

• Multiply weekly income by 4.333 (not 4 !)
• Look at anticipated income over cert period,
  not income from terminated sources
• DTA should offer collateral contact, The Work
  Number, other sources if wage stubs not available

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Gross Income Test

• 200 Fed Poverty Level
• HH with child under 19
• Pregnant woman
• Elder (60) or disabled
• 130 Fed Poverty Level
• Individual age 18 60, no kids or disability
• Sanctioned household (work sanction, fraud) and
  must have lt 2,000 assets
• NO Gross income test
• Elder or disabled, but must have lt 3,000 assets

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Calculate Net Income - Overview

• Gross monthly income less
• 20 earnings disregard
• Standard deduction
• Child support paid out
• Dependent care
• Medical deduction (if elder/disabled)

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Subtract earnings deduction

• A 20 deduction off of gross earned income
• For self-employed households, get gross after
  deducting business expenses, then subtract 20
  earnings deduction

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Subtract standard deduction

• Flat amount from income (earned or un-earned),
  taken after 20 gross earnings deduction
• 141 (HH of 1-3)
• 153 (HH of 4)
• 179 (HH of 5)
• 205 (HH of 6 or more)

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Subtract other deductions

• Child support paid out
• Dependent care expenses no cap
• Can self-declare actual expenses
• Summer camps, after school programs
• Includes private transport mileage
• Homeless shelter deduction (143/mo)
• only if NOT claiming regular shelter deduction
• no documentation of expenses needed
• includes those who are temporarily staying with
  others

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Subtract other deductions (cont.)

• Excess medical deduction gt 35/mo
• Standard med deduction of 90 OR
• Actual expenses if higher than 125/mo
• Includes any un-reimbursed medical expenses
• transport to medical appointment (taxis, the
  Ride, private transport at 58.5
  a mile)
• prescriptions and over the counter medications
• insurance co-pays
• glasses, dental care
• custodial or attendant care services

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Shelter expense deduction

• Deduction capped at 459/month if no
  elder/disabled HH member
• No cap on shelter expenses if elder (60)or
  disabled member

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Shelter deduction

• What is it?
• The amount by which shelter expenses exceed half
  (1/2) of the preliminary net income
• How much can you claim?
• Deduction capped at 459 /month for families,
  individuals 18 -60 years
• NO cap for elder/disabled households

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Tips on shelter deduction

• Wide range of verification acceptable
• Statement from landlord NOT required
• Standard utility allowance added to rent
• 611/mo SUA if HH pays for heat or AC or gets
  fuel assistance (LIHEAP or H-EAT)
• Year round SUA deduction
• e.g., 5/mo for AC in summer gets year-round
  heating/cooling SUA

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Calculate final NET INCOME

• NET INCOME is gross income less
• 20 earnings disregard
• Standard deduction
• Child support paid out
• Dependent care
• Medical deduction (if elder/disabled) AND the
• Shelter deduction (446 or uncapped)

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Estimate monthly food stamps

• Calculate 30 of NET INCOME
• multiply net by .3
• Identify MAXIMUM food stamp/SNAP allotment based
  on household size
• Subtract 30 of net income from maximum food
  stamp/SNAP allotment
• Household gets difference as monthly benefit

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Sample Explanation on DTA Notice

• Food Stamp Explanation
• Gross Income Limit For Your Household
  Size 2,862.00
• Net Income Limit For Your Household Size 0.00
• Gross Unearned/Sanction Income 200.00
• Gross Earned Income 1,200.00 1,400.00
• Total Gross Income
• Deductions Allowed
• Standard 141.00
• Shelter 459.00
• Earned Income 280.00
• Dependent Care 250.00
• Medical Care 0.00
• Child Support 0.00
• Total Deductions 1090 .00 - 1090..00
• Other Adjustments 0.00
• Countable Income 310.00
• Household Size 3
• Monthly Food Stamp Allotment 433

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Get the word out

• Estimate the monthly benefit
• Worksheet
• Calculators www.gettingfoodstamps.org,
  www.masslegalservices.org/FScalculator
• Encourage people to applyreduce stigma
• For details
• Food Stamp/SNAP Advocacy Guide
• DTA regulations (www.mass.gov/dta)
• Mass. Law Reform Institute 617/357-0700 x 316

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Questions?

• Questions about the income rules and calculations?

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Part IV Special Situation Households

• A. Households with immigrant members
• B. Low-income college students

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Key Eligibility Questions to Ask

• 1. What is your current immigration status ?
• 2. How long have you had this status?
• 3. Did you have any prior status before this one?
  (such as prior refugee or asylee before LPR
  status)
• 4. Do you have any work history in US?
• Not need to ask if refugee type ACARD group, a
  child under 18 years of age or an LPR getting a
  disability-based benefit

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Qualified aliens for FS benefits

• Refugee group (ACARD-Ts)
• Asylees
• Cuban/Haitian Entrants
• Amerasians
• Refugees
• Deportation Withheld, and
• Victims of Trafficking
• Iraqi/Afhan SIV holders (8 months)

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Qualified aliens - continued

• Border Native Americans, veterans and dependents,
  Hmong Tribe Members
• LPRs, Parolees Battered Immigrants
• Eligible if under age 18 no 5 year wait
• Eligible if 40Q of work history (work done by
  self, parents bfr 18 yrs, spouse if married),
• Eligible if receiving disability-based benefit,
  or
• Eligible if five years qualified status has
  elapsed

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Qualified battered immigrants

• Adult/child who is no longer living with batterer
  and
• Approved or pending family visa petition of a US
  citizen or LPR spouse, or parent,
• Approved or pending VAWA self-petition, or
• Cancellation of removal/suspension of deport.
• NOTE 5-year wait for adults, no wait for
  children under 19

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Non-citizens- Sponsor Deeming

• Deeming is the counting of fictitious
  income/assets from sponsor of LPR
• Deeming no longer affects most households ended
  Dec 15, 2008
• Deeming does apply to sanctioned households and
  to households with elder/disabled members with
  income above 200 FPL

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Benefits for mixed households

• TWO SCENARIOS
• Legal immigrants not eligible for (5 year bar,
  under color of law) or who chose to not apply
• Exclude immigrant, do a favorable calculation of
  income to maximize FS to rest of household.
• Undocumented or undetermined status
• Exclude immigrant in household, do a less
  favorable sanction calc of immigrants income.

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Example of Mixed HH Calc

• Jane is an applicant for asylum, she has two
  citizen children (who have no income). After
  calculating her income and deductions, she has
  475 countable income used to calculate the
  household food stamp benefits.
• STEP ONE
• Max FS for HH of 3 persons 526
• Subtract 30 of countable (475) income (475 x
  .30) 143
• FS benefit for this HH 383 (526 max FS less
  143)

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Example continued

• STEP 2 Compare with FS for two children
• Maximum benefit for two 367
• Income of children 0
• Step 3 Family gets no more than they would get
  if all three are FS eligible (the lesser of the
  two amounts, or 367)
• NOTE If Jane refused to give any information on
  her immigration status, the food stamps would be
  224. DTA would subtract 1/3 of her countable
  income (143) against a TWO person max FS
  allotment (367).

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Four Key Points

• Non-citizen can opt out of application
• No need to verify non-citizen status if not
  applying but must verify income and assets
• NO reporting of undocumented to DHS
• Only if applicant shows DTA a final order of
  deportation
• NO public charge if receipt of FS/SNAP
• Special mixed household calculations
• Better calc for lawfully present immigrants who
  are ineligible

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Questions?

• Questions about immigrant eligibility for
  benefits?

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B. College Student Stats

• Only 1,700 FS eligible students (Dec 08)
• Less than 0.01 participation rate
• 40,000 state and community college students
  receive some form of financial aid

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The Student Rule

• If student is enrolled at least half-time in
  post-secondary education student is ineligible
  to participate in the Food Stamp/SNAP Program.
• Rest of household members may be eligible.
  Student income does not count.
• Student may be eligible also if he or she meets
  one of eight (8) exemptions

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Exceptions to the Student Rule

• Student eligible if meets one or more
• Doing work study (any number of hours)
• Working at least 20 hours/week
• Dependant child exceptions (3 options)
• Getting TAFDC (cash assistance)
• Physically or mentally unfit for employment
• Participating in FSET program under DTA
• In an employment or training program operated by
  state or local government
• Under age 18 or over age 49.

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Additional considerations

• If college student living at home
• If under 22 and living with parents , no
  separate household
• If on full meal plan at school, no food stamps
• If college student has federal work study, loans
  or grants these do NOT count as income

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Questions?

• Questions about college students?

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For more information and assistance

• For clients denied or terminated benefits, refer
  cases to r local Legal Services programs
• For client screening or emergency food referrals,
  refer to Project Bread, www.gettingfoodstamps.org
• Food stamp/SNAP policy questions Pat Baker,
  MLRI staff 617/357-0700 x 328 pbaker_at_mlri.org

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Any Questions?

• Contact Pat Baker at
• [phone] x328 or pbaker_at_mlri.org
• Contact Zainab Manasawala at
• [phone] x316 or zmanasawala_at_mlri.org

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Fighting Hunger.

• Every gun that is made, every warship launched,
  every rocket fired signifies in the final sense a
  theft from those who hunger and are not fed,
  those who are cold and are not clothed.
• Dwight D. Eisenhower, April 16, 1953