Food Stamp Regulations Eligibility Standards

FOOD STAMP REGULATIONS

ELIGIBILITY STANDARDS

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-00-03 Effective 3/2/00

Page 149

TABLE OF CONTENTS

Section

Eligibility Standards ........................................................................................................................ 63-400

Residency ........................................................................................................................................ 63-401

Household Concepts ........................................................................................................................ 63-402

Household Definition ........................................................................................................... .1

Nonhousehold and Excluded Household Members .............................................................. .2

Boarders ............................................................................................................................... .3

Residents of Institutions ....................................................................................................... .4

Head of Household ............................................................................................................... .5

Authorized Representatives .................................................................................................. .6

Food Distribution Program ................................................................................................... .7

Participation of Strikers ........................................................................................................ .8

California Food Assistance Program (CFAP) ................................................................................. 63-403

Noncitizen Eligibility .......................................................................................................... .1

Application of Existing Regulations .................................................................................... .2

Combined Households.......................................................................................................... .3

Social Security Numbers ................................................................................................................. 63-404

Providing of Social Security Numbers ................................................................................ .1

Exemption for Expedited Processing Applicants ................................................................ .2

Obtaining the Social Security Number ................................................................................ .3

Failure to Comply ................................................................................................................ .4

Good Cause Determination ................................................................................................. .5

Verification .......................................................................................................................... .6

Ending Disqualification ....................................................................................................... .7

Citizenship or Eligible Noncitizen Status ........................................................................................ 63-405

Eligibility Requirements and Verification of Noncitizen Status .......................................... .1

Responsibilities of Sponsored Noncitizens .......................................................................... .3

Reporting of Illegal Noncitizens .......................................................................................... .4

Repealed by Manual Letter No. FS-97-03, effective 8/21/87 .............................................. .6

FOOD STAMP REGULATIONS

ELIGIBILITY STANDARDS

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 8/8/03

Page 150

TABLE OF CONTENTS

Section

Students ........................................................................................................................................... 63-406

Applicability ......................................................................................................................... .1

Eligibility Requirements ....................................................................................................... .2

Ineligible Students ................................................................................................................ .3

Work Registration Requirements .................................................................................................... 63-407

Persons Required to Register ................................................................................................ .1

Work Registration Exemptions and Registration

in Substitute Programs ........................................................................................................ .2

CWD Requirements ............................................................................................................. .3

Work Registrants Requirements ........................................................................................... .4

Failure to Comply; Good Cause; Notification; and Disqualifications .................................. .5

Ending a Disqualification Period .......................................................................................... .6

Suitable Employment ........................................................................................................... .7

Food Stamp Employment and Training (FSET) Program .................................................... .8

Optional Food Stamp Employment Programs ...................................................................... .9

Voluntary Quit and Reduction of Work Effort ................................................................................ 63-408

General Rule ........................................................................................................................ .1

Good Cause Determination, Notification, and Disqualifications ......................................... .2

Exemptions from Voluntary Quit and Reduction

of Work Effort Disqualifications ........................................................................................ .3

Good Cause ......................................................................................................................... .4

Verification .......................................................................................................................... .5

Ending a Disqualification for Voluntary Quit or Reduction

of Work Effort .................................................................................................................... .6

Income and Resource Maximums ................................................................................................... 63-409

Requirement for Participation .............................................................................................. .1

FOOD STAMP REGULATIONS

ELIGIBILITY STANDARDS

TABLE OF CONTENTS (Continued)

Section

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 8/8/03

Food Stamp Work Requirement for Able-Bodied Adults Without

Dependants (ABAWD) ................................................................................................................. 63-410

36-Month Period Defined; Tracking ABAWD Compliance ................................................ .1

Satisfying the ABAWD Work Requirement ......................................................................... .2

Exemptions ........................................................................................................................... .3

Loss of Eligibility ................................................................................................................. .4

Regaining Elibility ................................................................................................................ .5

CFAP Work Requirements .............................................................................................................. 63-411

Page 150.1

This page is intentionally left blank.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.12

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-91-04 Effective 3/23/91

Page 151

63-400 ELIGIBILITY STANDARDS 63-400

63-401 RESIDENCY 63-401

.1 A household must be living in which it files an application for participation.

.2 No individual may participate as a member of more than one household, or in more than one county in

any month except for eligible residents of shelters for battered women and children (see Section 63-

503.46) who were program participants in dwelling of the abuser.

.3 The CWD shall not interpret residency to mean domicile which is sometimes defined as a legal place of

residence or principal home.

.4 The CWD shall not impose any durational residency requirements.

.5 The CWD shall not require an otherwise eligible household to reside in a permanent dwelling or have a

fixed mailing address as a condition of eligibility. Nor shall residency require to intent to reside

permanently in the county. Persons in a county solely for vacation purposes shall not be considered

residents.

.6 The CWD shall not require the otherwise eligible household to reside in the county which is providing

the food stamp benefit if the household is participating in the GAIN Work Supplemental Program; the

CWD providing the AFDC benefits to these households shall also provide food stamp benefits to them.

63-402 HOUSEHOLD CONCEPT 63-402

.1 Household Definition

A household may be composed of any of the following individuals or groups of individuals, provided

that such individuals or groups are not residents of an institution, except as otherwise specified in

Section 63-402.4, residents of a commercial boarding house, or boarders, except otherwise specified in

Section 63-402.31:

.11 An individual living alone;

.12 An individual living with others, but customarily purchasing food and preparing meals for home

consumption separate and apart from others except as otherwise specified in Section 63-402.14.

FOOD STAMP REGULATIONS

63-402 (Cont.) ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-96-05 Effective 12/4/96

Page 152

.13 A group of individuals who live together and customarily purchase food and/or prepare meals

together for home consumption.

.131 Customarily purchasing and preparing meals together as a Food Stamp household is to do

so usually or as a matter of course.

.14 Separate household status shall not be granted to:

.141 A child under 18 years of age, living with and under the parental control, as defined in

Section 63- 102(p), of a household member who is not his or her parent;

(a) A foster child placed by a federal, state, or local government program in the

private home of a relative, or other individual or family, shall be considered a

boarder. Such a boarder may participate in the Food Stamp Program only by

request of the household providing boarder services, and only as a member of

that household.

.142 Parents living with their natural, adopted or step children, or children living with their

natural, adopted, or stepparents unless:

(a) a child is:

(1) 22 years of age or older and purchases food and prepares meals for

home consumption separately from his/her parents; or

(2) participating in the other parent's Food Stamp household.

.143 An individual living with the household who is a spouse of a member of the household

(as defined in Section 63-102(s));

.144 A boarder, as defined in Section 63-402.3;

.145 Repealed by Manual Letter FS-94-06, effective 9/1/94.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.151

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-94-06 Effective 9/1/94

Page 153

.146 Children of narcotic addicts of alcoholics who reside at a treatment center as specified in

Section 63-402.4

.15 A parent who shares joint physical custody of children on a 50/50 basis and in whose household

the CWD has determined that the children are able to participate. The CWD shall insure that

duplicate participation does not occur.

.151 When the living arrangements are such that the child lives with each parent an equal

number of days per month, the CWD shall determine Food Stamp household composition

based upon, but not limited to:

(a) When it can be established that the child eats more meals with one parent. The

child may participate with the custodial parent providing the majority of the

meals in a given month.

(b) When a child eats a number of meals with each parent, the first custodial parent

to apply may participate with the child, unless the two custodial parents mutually

agree otherwise.

child may participate with that parent regardless of where the majority of meals

are taken in any given month.

This page is intentionally left blank.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.151

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-92-05 Effective 6/1/92

Page 154

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

.16 A woman or women with children who are temporary residents of a shelter for battered women

and/or children.

.17 An individual who is 60 years of age or older living with others (and the spouse of such

individual) who is unable to purchase and prepare meals because he/she suffers from a disability

considered permanent under the Social Security Act or suffers from a nondisease-related, severe,

permanent disability. However, the income (all income included under Section 63-502.1 of the

others with whom the individual resides (excluding the income of such individual's spouse)

cannot exceed 165 percent of the federal poverty guidelines, see Section 63-1001.10, Income

Standard for Elderly and Disabled Separate Household Status.

.2 Nonhousehold and Excluded Household Members

.21 Nonhousehold Members

For purposes of defining a household, the following individuals shall not be included as a member

of the household, unless included as a household member as specified in Sections 63-402.13, .14,

or .15. Such individuals shall not be included as a member of the household for the purpose of

determining household size, eligibility or benefits level. The income and resources of such

individuals shall be handled in accordance with Section 63-503.45. Nonhousehold members who

are otherwise eligible may participate in the Food Stamp Program as separate households.

.211 Roomers

Individuals to whom a household furnishes lodging, but not meals, for compensation.

FOOD STAMP REGULATIONS

63-402.212 ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-97-04 Effective 9/1/97

Page 155

.212 Live-In Attendants

Individuals who reside with a household to provide medical, housekeeping, child care or

other similar personal services

.213 Others

Other individuals who share living quarters with the household but who do not

customarily purchase food and prepare meals with the household.

HANDBOOK BEGINS HERE

(a) For example, if the applicants household shares living quarters with another

family but does not purchase and prepare food together with the family, the

members of the other family are not members of the applicants household.

HANDBOOK ENDS HERE

.22 Excluded Household Members

The following individuals residing with a household shall be included as a member of the

household for the purpose of defining a household under Section 63-402.1. However, such

individuals shall be excluded from the household for the purpose of determining household size,

eligibility or benefit level, or when determining categorical eligibility in accordance with Sections

63-301.7 and .82. The income and resources of excluded household member(s) shall be handled

in accordance with Sections 63-503.44 and 63-503.45 as appropriate. Excluded household

members shall not participate in the Food Stamp Program as separate households.

.221 Ineligible Aliens

Individuals who do not meet the citizenship or eligible alien status in Section 63-403 or

the eligible sponsored alien requirements in Section 63-403.33

.222 SSN Disqualified

Individuals disqualified for refusal or failure, without good cause, to provide or obtain an

SSN as required in Section 63-404.4

.223 Intentional Program Violation Disqualified

Individuals disqualified for committing act(s) of intentional Program violation, as set

forth in Section 63-805.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.229

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-00-04 Effective 7/1/00

Page 155.1

.224 Fleeing Felons and Probation/Parole Violators

(a) Individuals who are fleeing felons as specified in Section 63-102f.(4) and/or

(b) Persons in violation of their probation or parole as specified in Section 63-

102p.(2).

HANDBOOK BEGINS HERE

(1) Regarding Violations of the Conditions of Parole

CDSS recommends that eligibility workers limit their verification of

parole violations to those violations which have already been

investigated and officially established by parole authorities in

accordance with the formal processes of those parole authorities for

making such determinations. Limiting verification to parole authority

established violations is recommended because it is both cost effective

and best insures that the civil rights of food stamp applicants and

recipients are protected.

(2) Regarding Violations of Conditions of Probation

CDSS recommends that eligibility workers limit their verification of

probation violations to those violations which have already been

investigated and officially established by the courts responsible for

supervision of probation in accordance with the formal processes of

those courts for making such determinations. Limiting verification to

court established violations is recommended because it is both cost

effective and best insures that the civil rights of food stamp applicants

and recipients are protected.

HANDBOOK ENDS HERE

This page is intentionally left blank.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-11-01 Effective 7/28/11

Page 156

.225 Workfare Sanctioned

Individuals sanctioned by a CWD while a participating member of household disqualified

for failure to comply with the requirements of the CWD's Workfare Program operated in

accordance with Section 63-407.91

.226 SSI/SSP Recipients

No person receiving Supplemental Security Income/ State Supplementary Program

(SSI/SSP) payments is eligible to receive food stamp benefits. Under the provisions of

PL 95-458:5; 1) most California SSI/SSP recipients receive as part of their SSI/SSP

benefit a cash amount in lieu of food stamp benefits; 2) all SSI/SSP recipients in

California are ineligible to receive food stamps. A person must actually receive, not

merely have applied for, SSI/SSP benefits to be determined ineligible for the Food Stamp

Program. If the CWD provides payments at least equal to the level of SSI/SSP benefits to

persons who have been determined eligible for SSI/SSP awaiting receipt of SSI/SSP

benefits, receipt of these substitute payments will terminate Food Stamp Program

eligibility. Once receiving SSI/SSP benefits, the person will remain ineligible for food

stamp benefits until actually terminated from the SSI/SSP Program; periods of nonreceipt

or suspension of SSI/SSP payments do not restore food stamp eligibility.

.227 Ineligible Students

Persons enrolled in an institution of higher education who are ineligible because they fail

to meet the eligibility criteria set forth in Section 63-406.2.

.228 Work Requirements Disqualified

Individuals disqualified for noncompliance with the work requirements of Section 63-

407.4.

.229 Convicted Drug Felon

An individual who has been convicted in a state or federal court of a felony that has as an

element, the distribution of a controlled substance or other disqualifying conviction

consisting of any of the elements listed in Section 63-402.229(a) or (b). The conviction

must be for conduct occurring after August 22, 1996. Controlled substance is defined in

Section 102(6) of the Controlled Substances Act [21 U.S.C. Section 802(6)].

(a) Unlawfully transporting, importing into this state, selling, furnishing,

administering, giving away, possession for sale, purchasing for purposes of sale,

manufacturing a controlled substance, possessing precursors with the intent to

manufacture a controlled substance, or cultivating, harvesting, or processing

marijuana or any part thereof pursuant to Section 11358 of the Health and Safety

Code.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.229

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-05-02 Effective 7/1/05

Page 157

(b) Unlawfully soliciting, inducing, encouraging, or intimidating a minor to

participate in any activity in Section 63-402.229(a).

HANDBOOK BEGINS HERE

HANDBOOK ENDS HERE

.3 Boarders

.31 For Food Stamp Program purposes, boarders are defined as either, foster children as specified in

Section 63-402.322, or individuals or groups of individuals residing with the household and

paying reasonable compensation to the household for lodging and meals, excluding residents of a

commercial boarding house. A reasonable monthly payment shall be either of the following:

.311 Where board arrangement is for more than two meals a day a boarder shall pay an amount

which equals or exceeds the monthly coupon allotment at zero net income for the

appropriate number of boarders, as specified in the Table of Coupon Issuance, Handbook

Section 63-1101, or;

.312 Where board arrangements is for two meals or less per day a boarder shall pay an amount

which equals or exceeds the two-thirds of the monthly coupon allotment at zero income

for the appropriate number of boarders, as specified in the Tables of Coupon Issuance,

Handbook Section 63-1101.

.32 Boarders are ineligible to participate in the Food Stamp Program independent of the household

providing the board. The household with which the boarder resides (including the household of

the proprietor of a boarding house) may participate in the Program, if the household meets all the

eligibility requirements for Program participation. A boarder may participate as a member of the

household at the household's request. If an applicant household identifies any individual in the

household as a boarder, the following provision applies:

.321 Such individuals shall not be considered a member of participant or applicant household,

nor shall the income and resources of boarders be considered available to such

households. However, the amount of payment that a boarder gives to a household for

lodging and meals shall be treated as self-employment income to the household. The

procedures for handling self-employment income from boarders (other than such income

received by a household that owns and operates a commercial boarding house) are

specified in 63-503.42. The procedures for handling income from boarders by a

household that owns and operates a commercial boarding house are as specified in 63-

503.41.

.322 Foster children placed by a federal, state, or local foster care program, in the home of

relatives or other individuals or families shall be considered boarders.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402.344

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-05-02 Effective 7/1/05

Page 158

(a) The federal, state, or local government, or court-ordered, foster care payments

received by the household for a foster care boarder shall not be considered

income to the household

(b) Foster care boarders may participate in the Food Stamp Program as members of

the household providing boarder services, at the household's request. If the

household chooses this option, foster care payments received by the household

shall be considered unearned income to the household and counted in their

entirety in determining the household's income eligibility and benefit level.

.33 Except for residents of a commercial boarding house and foster children as specified in Section

63-402.322, an individual furnished both meals and lodging by the household, but paying

compensation of less than a reasonable amount, is considered a member of the household which

provides the meals and lodging.

.331 When payments for the room are distinguishable from payments for the meals, only the

amount paid for meals will be evaluated to determine if reasonable compensation is being

paid for meals. The reasonable monthly payment for meals shall be paid in cash.

.322 When payments for the room are indistinguishable from payments for meals, the amount

to be considered a payment for the meals will be

(a) The total payment, if the total payment is equal to , or less than the monthly

coupon allotment at zero net income for the appropriate number of boarders, or

(b) That portion of the total payment that is equal to the monthly coupon allotment at

zero net income for the appropriate number of boarders.

.34 The following persons shall not be considered boarders:

.341 Children under 18 years of age, except for foster children, as specified in Section 63-

402.322 under parental control, as defined in Section 63-102p., of a member of the

household,

.342 parents living with their natural, adopted, or step children or children living with their

natural, adopted, or step parents, even if one of the parents is elderly or disabled,

.343 a spouse of a member of the household,

.344 Siblings living with their natural, adopted, half or step brothers and sisters, even if one of

the siblings is elderly or disabled, except foster child(ren) as specified in Section 63-

402.322.

FOOD STAMP REGULATIONS

63-402.4 ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-96-05 Effective 12/1/96

Page 159

.4 Residents of Institutions

Individuals shall be considered residents of an institution when the institution provides them with the

majority of the meals as part of the institution's normal services. Residents of institutions are not eligible

for participation in the Food Stamp Program. As commercial boarding houses fall under this category,

residents of commercial boarding houses are not eligible for participation in the Food Stamp Program.

The following individuals shall not be considered as residents of institutions:

.41 Residents of any federally subsidized housing for the elderly.

.42 Narcotic addicts or alcoholics who, for the purpose of regular participation in a drug or alcohol

treatment and rehabilitation program, reside at a treatment center. An individual must be a

resident of the center and participating in the treatment or rehabilitation program to qualify for the

Food Stamp Program as outlined in Section 63-503.47. In addition, children of narcotic addicts

or alcoholics, residing in centers providing meals, shall qualify for the Food Stamp Program as

specified in Section 63-503.47.

.421 If the spouse and/or family members (other than the children of the narcotic addict or

alcoholic reside at the treatment or rehabilitation center, but do not receive treatment and

the center customarily provides meals for residents, the spouse and/or family members are

residents of an institution and are not eligible for food stamp benefits. If the treatment of

rehabilitation center does not provide meals to the spouse and/or family members residing

at the center, the spouse and/or family members are roomers and may participate in the

Food Stamp Program as separate households if otherwise eligible as specified in Section

63-402.2.

.43 Disabled or blind individuals who are residents of group living arrangement as defined in Section

63-102g, and who receive benefits under Title II of the Social Security Act.

.44 A woman or woman with children temporarily residing in those shelters for battered women and

children that provide meals shall be considered individual households for purposes of applying for

and participating in the Food Stamp Program.

.45 Residents of foster family settings shall be considered as members of the household providing

foster care. For the purpose of this section, foster family settings shall include any facility

licensed to provide foster care. However, residents of CDSS licensed group homes are only

eligible if they qualify under Section 63-402.43.

.46 Residents of public or private nonprofit shelters for homeless persons.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

MANUA

CALIFORNIA-DSS-MANUAL-FS

L LETTER NO. FS-96-05 Effective 12/1/96

Page 160

.5 Head of Household

The CWD shall permit the household to designate a responsible household member to serve as head of

household. The head of household classification shall not be used to impose special requirements on the

household, such as requiring the head of household, rather than another responsible member of the

household, appear at the certification office to make application for benefits.

.6 Authorized Representatives

.61 The head of the household, spouse, or any other responsible member of the household may

designate an authorized representative to act on behalf of the household in one or all of the

following capacities:

.611 Making application for the program. When the head of household or the spouse cannot

make application, another household member may apply or an adult nonhousehold

member may be designated as the authorized representative for that purpose. The head of

household or the spouse should prepare or review the application whenever possible,

even though another household member or the authorized representative will actually be

interviewed. The CWD shall inform the household that the household will be held liable

for any overissuance which results from erroneous information given by the authorized

representative, except as provided in Section 63-503.476. Adults who are nonhousehold

members may be designated as authorized representatives for certification purposes only

under the following conditions:

a. The authorized representative has been designated in writing by the head of

household, or the spouse, or another responsible member of the household; and

b. The authorized representative is an adult who is sufficiently aware of relevant

household circumstances.

.612 Obtaining benefits

An authorized representative may be designated to obtain benefits. These designations

shall be made at the time the application is completed and any authorized representative

shall be named on the ID card.

(a) The authorized representative for coupon issuance may be the same individual

designated to make application for the household or may be another individual.

(b) Even if a household member is able to make application and obtain benefits, the

household should be encouraged to name an authorized representative for

obtaining benefits in case of illness or other circumstances which might result in

an inability to obtain benefits.

FOOD STAMP REGULATIONS

63-402 (Cont.) ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-91-03 Effective 3/1/91

Page 161

.613 Using the coupons

A household may authorize any household member or a nonmember to use its ID card

and coupons to purchase food or meals for the household. Individuals disqualified from

the Food Stamp Program because of their commission of an intentional Program violation

may act as an authorized representative only if no other representative can be found.

.614 Emergency authorized representative for obtaining benefits.

A household shall be permitted to designate an emergency authorized representative to

obtain the household's allotment for a particular month when none of the persons

specified on the ID card is available.

(a) A household member named on the ID card shall designate the emergency

authorized representative. The designation authorizing the issuance of the

household's benefits to the emergency authorized representative shall include the

signature of the emergency authorized representative and the signature of that

household member. The signature of the household member shall attest to the

validity of the signature of the emergency authorized representative.

(1) The designation may be made on the ID card, authorization document or

a separate form developed by the CWD for this purpose.

(2) A separately written and signed statement from the head of household or

his/her spouse, also signed by the emergency authorized representative,

may be used by the household.

(b) The household shall not be required to travel to food stamp office to execute an

emergency designation.

and the household ID card in order to obtain the allotment.

(d) A separate written designation is required each time an emergency representative

is authorized.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

MANUAL LET

CALIFORNIA-DSS-MANUAL-FS

TER NO. FS-01-02 Effective 6/1/01

Page 162

.62 Drug addict/alcohol treatment centers and group living arrangements as authorized

representatives. Narcotic addicts or alcoholics who regularly participate in a drug or alcoholic

treatment program on a resident basis and disabled or blind residents of group living arrangements

as defined in Section 63-102g(2) who receive benefits under Title II or Title XVI of the Social

Security Act may elect to participate in the food stamp program. However, if per Section 63-

402.2, Title XVI recipients are ineligible for food stamps, this ineligibility shall apply to Title

XVI (SSI) recipients residing in group living arrangements.

.621 The residents of drug or alcoholic treatment centers shall apply and be certified for Food

Stamp Program participation through the use of an authorized representative who shall be

an employee of and designated by the institution that is administering the treatment and

rehabilitation program.

(a) The institution shall receive and spend the coupon allotment for food prepared by

and/or served to the residents of the center who are participating in the Food

Stamp Program.

(b) Each resident participating in the treatment program, together with his/her

children, shall be certified as an individual household without regard to a spouse

and/or family members (other than the children of the narcotic addict or

alcoholic) who may or may not reside at the treatment center.

.622 Residents of group living arrangements (GLA) shall apply and be certified through use of

an authorized representative employed and designated by the GLA or apply or be

certified on their own behalf or through an authorized representative of their own choice.

The GLA shall determine if any resident may apply for food stamps on his/her own

behalf; the determination should be based on the resident's physical and mental ability to

handle his/her own affairs. The GLA is encouraged to consult with any other agencies of

the state and/or county providing other services to individual residents prior to a

determination. All of the residents of the GLA do not have to be certified either through

an authorized representative or individually in order for one or the other method to be

used.

(a) If the residents apply on their own behalf, the household size must be in

accordance with Section 63-402.1. The CWD must certify those residents using

the same provisions that apply to other households.

(b) If the residents apply through the use of the GLA's AR, their eligibility must be

determined as a one-person household.

This page is intentionally left blank.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

MANUA

CALIFORNIA-DSS-MANUAL-FS

L LETTER NO. FS-01-02 Effective 6/1/01

Page 163

of the GLA may either receive and spend the coupon allotment for food prepared

by and/or served to the eligible resident or allow the eligible resident to use all or

any portion of the allotment on his/her own behalf.

(d) If the residents are certified on their own behalf, the coupon allotment may either

be returned to the facility to be used to purchase food for meals served either

communally or individually to eligible residents; used by eligible residents to

purchase and prepare food for their own consumption; and/or to purchase meals

prepared and served by the GLA.

(e) In any case, the GLA is responsible for complying with the requirements set

forth in Section 63-503.48. If the GLA has its status as an authorized

representative suspended by FNS (as discussed in Section 63-503.478), residents

applying on their own behalf shall still be able to participate if otherwise eligible.

.63 Restrictions

The following restrictions apply to authorized representatives:

.631 In the event the only adult living with a household is classified as a nonhousehold

member, that individual may be the authorized representative for the minor household

members.

.632 CWD employees who are involved in the eligibility determination and/or issuance

processes and employees of authorized food firms and meal services that are authorized to

accept food coupons may not act as authorized representatives unless the CWD

determines that no one else is available to serve as an authorized representative.

FOOD STAMP REGULATIONS

63-402 (Cont.) ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

MAN

CALIFORNIA-DSS-MANUAL-FS

UAL LETTER NO. FS-91-03 Effective 3/1/91

Page 164

.633 An individual disqualified for an intentional Program violation shall not act as an

authorized representative during the period of disqualification, unless the individual is the

only adult member of the household and the CWD has determined that no other

representative is available.

(a) The CWD shall separately determine whether these individuals are needed to

apply on behalf of the household, to obtain coupons, and to use the coupons to

purchase food for the household.

HANDBOOK BEGINS HERE

(b) For example, the household may have an authorized representative designated to

obtain its coupons each month, but not be able to find anyone to purchase food

regularly with the coupons. If the CWD is also unable to find anyone to serve as

the household's representative, the disqualified member shall be allowed to serve

as a representative and purchase food for the household using its coupons.

HANDBOOK ENDS HERE

.634 Meals providers for the homeless shall not be allowed to act as authorized representatives

for homeless food stamp recipients.

.64 CWD Responsibilities

.641 The CWD shall insure that authorized representatives are properly designated.

.642 The name of the authorized representative shall be contained in the household's case file.

.643 Limits shall not be placed on the number of households an authorized representative may

represent.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402 (Cont.)

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-91-03 Effective 3/1/91

Page 165

.644 In the event employers, such as those that employ migrant or seasonal farmworkers, are

designated as authorized representatives or that a single authorized representative has

access to large number of authorization documents, access devices or coupons, the CWD

should exercise caution to assure that.

(a) Each household has freely requested the assistance of the authorized

representative;

(b) Each household's circumstances are correctly represented and the household is

receiving the correct amount of benefits; and

(a) The authorized representative is properly using the coupons.

.65 Disqualification

.651 CWDs which have obtained evidence that an authorized or emergency representative has

misrepresented a household's circumstances and knowingly has provided false

information pertaining to the household, or has used coupons improperly, may disqualify

that representative from participating as a representative in the Food Stamp Program for

up to one year, except as specified in Section 63-402.652 for treatment centers and group

living arrangements. The CWD shall send written notification to the affected households

and representative 30 days prior to the date of disqualification. The notification shall

include:

(a) The proposed action;

(b) The reason for the proposed action;

(d) The telephone number of the office; and

(e) If possible, the name of the person to contact for additional information.

FOOD STAMP REGULATIONS

63-402 (Cont.) ELIGIBILITY STANDARDS Regulations

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-91-04 Effective 3/23/91

Page 166

.652 Drug and alcoholic treatment centers and the heads of those group living arrangements

which act as authorized representatives for their residents, and who intentionally

misrepresent households' circumstances, are not disqualified but may be prosecuted under

applicable State fraud statutes for their acts. (See Section 63-503.477 for provisions

regarding the misuse of coupons by drug and alcohol treatment centers.)

.7 Food Distribution Program

No household shall be allowed to participate simultaneously in the Food Stamp Program and the Food

Distribution Program.

.8 Participation of Strikers

.81 A striker is defined as anyone involved in a strike or concerted stoppage of work by employees

(including a stoppage by reason of the expiration of a collective-bargaining agreement) or any

concerted slowdown or interruption of operations by employees.

.811 The following persons shall not be considered strikers:

(a) Employees whose workplace is closed by an employer in order to resist demand

of employees (e.g., a lockout);

(b) Employees unable to work as a result of striking employees;

death;

(d) Individuals exempted from work registration by Section 63-407.2 on the day

prior to the strike, other than those exempt solely on the grounds that they are

employed.

(e) Employees whose employers have hired permanent replacements for the striking

employees' jobs. The fact that the striking employees are offered other jobs does

not affect their status as the must be able to return to the same job.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-402

63-402 HOUSEHOLD CONCEPT (Continued) 63-402

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-05-02 Effective 7/1/05

Page 167

.82 Households with striking members shall be ineligible to participate in the Food Stamp Program

unless the household was eligible one day prior to involvement in the strike action and on the date

of application. The CWD shall perform two separate eligibility determinations.

.821 To determine pre-strike eligibility, consider the day prior to the member’s involvement in

the strike as the day of interview and assume the strike did not occur.

.822 To determine eligibility, compare the striking member’s income before the strike to the

striker’s income which can be anticipated with reasonable certainty during the strike,

(e.g., income from the receipt of strike benefits or temporary employment during the

strike). The higher of the two amounts shall be added to the income of nonstriking

members during the month of application.

.823 To determine benefits, deductions shall be calculated for the month of application as for

any household. Whether the striker’s prestrike income or income during the strike is

used, the earned income deduction shall be allowed if applicable. Benefit level of an

eligible striker household is based on current circumstance except for income as specified

above.

.83 CWDs shall use the method as specified in Section 63-402.82 in determining benefits and

eligibility for continuing households when a member becomes involved in a strike. Such a

household shall not receive an increased allotment as the result of a decrease in the income of the

striking member(s) of the household.

.84 The household’s income immediately prior to the involvement in the strike action at the date of

application shall be verified at the time of application. Any anticipated income during the strike

shall also be accounted for at this time. It is the responsibility of the household to provide the

CWD with verification of such income for the purpose of determining eligibility and benefit levels

in accordance with Section 63-300.5.

.85 Strikers shall be subject to the work registration requirements unless exempt under Section 63-

407.2.

NOTE: Authority cited: Sections 10554, 18901.3, and 18904, Welfare and Institutions Code. Reference:

Sections 10554, 11251.3, 11486.5, 18901.3, and 18904, Welfare and Institutions Code; 7 Code of Federal

Regulations (CFR) 273.1(a)(1) through (a)(2)(ii) through (b)(2)(iii), (c), (c)(1) and (6), (d)(1) and (2), (e)(1),

and (g); 7 CFR 273.2(j)(4); 7 CFR 273.9(b)(2)(ii); 7 CFR 273.10(c)(1)(i); 7 CFR 273.11, .11(b)(1) and (f); 7

CFR 274.5; and 7 CFR 274.10; Public Law (P.L.) 100-77, Section 802; P.L. 103-66; USDA Food and

Nutrition Service (FNS), Administrative Notice (AN) 89-65; AN 94-39; AN 98-43; USDA FNS Policy Memo

89-11 and 89-12; 7 U.S.C. 2015(d)(1), P.L. 104-193, Sections 115, 803, 815, and 821 (Personal Responsibility

and Work Opportunity Reconciliation Act of 1996); and the Balanced Budget Act of 1977 (Sections 5516 and

5518).

FOOD STAMP REGULATIONS

63-403 ELIGIBILITY STANDARDS Regulations

MANU

CALIFORNIA-DSS-MANUAL-FS

AL LETTER NO. FS-09-01 Effective 2/5/09

Page 168

63-403 CALIFORNIA FOOD ASSISTANCE PROGRAM (CFAP) 63-403

.1 Noncitizen Eligibility

Certain legal noncitizens of the United States (U.S.) shall be eligible for CFAP if they are not eligible for

federal Food Stamp (FS) benefits, based solely on their immigration status under the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 as amended by the Food Stamp

Reauthorization Act of 2002. Legal presence can be verified through USCIS at application [i.e.

Systematic Alien Verification for Entitlements (SAVE) System]. Legal noncitizens whose time limit has

expired for the federal program but would otherwise remain eligible for federal benefits are eligible for

CFAP.

.11 Victims of trafficking, domestic violence, or other serious crimes.

Welfare and Institutions Code Section 18945 established eligibility for this group of noncitizens.

Eligibility rules are outlined in Sections 42-431.23, .3, .4, .5, and .6. Examples of documentation

to be considered in determining an applicant’s experience with human trafficking, domestic

violence, or other serious crimes can be found in Sections 42-431.4, .5 and .6.

.2 Application of Existing Regulations

Current federal FSP regulations contained in the State FSP Manual (Division 63 of the CDSS Manual of

Policies and Procedures) will apply to the CFAP and its participants unless otherwise stated. For CFAP

recipients who do not meet exemptions from deeming, the period for deeming of a sponsor’s income and

resources shall be three years from the date of the sponsor’s execution of the 213A Affidavit of Support.

Victims of abuse by their sponsor or sponsor’s spouse shall be exempt from deeming.

.21 Existing federal FSP regulations apply to victims of human trafficking, domestic violence, or

other serious crimes, expect where otherwise indicated.

.211 As a condition of eligibility, when the noncitizen victim of human trafficking, domestic

violence, or other serious crimes does not have permission to work in the United States

and the Social Security Administration will not issue a social security number, this

requirement is suspended until such time as the individual's ability to obtain a social

security number changes.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-403

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-09-01 Effective 2/5/09

Page 168.1

63-403 CALIFORNIA FOOD ASSISTANCE PROGRAM (CFAP) (Continued) 63-403

.3 CFAP work requirements are provided in Section 63-411.

.31 Trafficking, domestic violence, or other serious crime applicants shall not be subject to food stamp

work requirements. This includes the Able-Bodied Adult Without Dependents (ABAWD) work

requirement, and requirements for food stamp work registration and participation in the Food

Stamp Employment and Training (FSET) program. In addition, recipients shall not be subject to

penalties for voluntary quit and reduction of hours worked. However, this group may participate

in other education or training to the extent such participation is permissible.

.4 Combined Households

For CFAP purposes, combined households are those which contain participants of the federal FSP and

CFAP. No household shall receive more food stamp benefits under CFAP than it would have received if

all members had remained eligible for the federal FSP.

NOTE: Authority cited: Sections 10553, 10554, and 18904, Welfare and Institutions Code; and SB 1569

(Chapter 672, Statutes of 2006). Reference: Sections 11320.3, 11495.12, 18930 through 18934, and 18945,

Welfare and Institutions Code (as amended by AB 1111, Chapter 147, Statutes of 1999 and AB 429, Chapter

111, Statutes of 2001); 7 CFR 273.4; Federal Register, Vol. 61, No. 202, dated 10/17/96; Federal Register,

Vol. 52, No. 103, dated May 29, 1987; USDA, Food and Consumer Service, Administrative Notice 97-105,

dated August 21, 1997; and Section 4401(a) of the Food Stamp Reauthorization Act of 2002, P.L. 170-171 [8

U.S.C. Section 1612(a) and [8 U.S.C. Section 1613(c)].

FOOD STAMP REGULATIONS

63-404 ELIGIBILITY STANDARDS Regulations

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-08-01 Effective 7/1/08

Page 169

63-404 SOCIAL SECURITY NUMBERS 63-404

.1 Applicant or recipient households shall provide the CWD with the social security number (SSN) of each

household member or shall provide verification of application for an SSN prior to certification. If

individuals have more than one number, all numbers shall be required.

.11 The CWD shall explain to applicants and recipients that refusal or failure without good cause to

provide or apply for an SSN shall result in disqualification of the individual for whom the SSN is

not obtained. The CWD shall send the household a notice of action explaining the effect of the

disqualification on the eligibility and allotment of the remaining household members.

.12 For those individuals who provide SSNs prior to certification, recertification, or at any office

contact, the CWD shall record the SSN and verify in accordance with Section 63-404.6.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-404 (Cont.)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-99-01 Effective 2/1/99

Page 170

63-404 SOCIAL SECURITY NUMBERS (Continued) 63-404

.13 Household members who do not have an SSN and who apply for an SSN or provide good cause

for failure to apply shall be allowed to participate in accordance with Section 63-404.3.

.2 Exemption for Expedited Processing Applicants

.21 Households entitled to expedited service shall not be required to furnish or apply for an SSN until

after they have received their first allotment. However, these households shall be required to

furnish or apply for an SSN before their next issuance in accordance with 63-301.543 and .544.

.3 Obtaining the Social Security Number

.31 Whenever an individual indicates he/she does not have an SSN, or is otherwise unable to provide

one, the household member shall complete the application for SSNs provided by the CWD, and

apply directly to the Social Security Administration (SSA).

.32 The CWD shall inform the household member where to apply and what information will be

needed.

.33 The CWD shall inform the household member that proof of application from the SSA will be

required prior to certification.

.34 Once the household member has filed an application for an SSN and continue to meet all other

eligibility requirements, that member shall be permitted to continue to participate pending

notification of the CWD through IEVS of the household member’s verified SSN.

.4 Failure to Comply

.41 If the CWD determines that a household member has failed without good cause to provide or

apply for an SSN that individual shall be ineligible to participate until he/she complies. This

disqualification will apply only to the individual for which the SSN is not provided and not to the

entire household.

.42 Income of the disqualified individual shall be treated as outlined in Section 63-502.14. Resources

of the disqualified individual shall be treated as outlined in Section 63-501.9.

.5 Good Cause Determination

.51 In determining if good cause existed for failure to comply with the SSN requirement to apply for

or provide the CWD with an SSN, the CWD shall consider information provided by the household

member and SSA. Documentary evidence or collateral information that the household member

has applied for an SSN or made every effort to supply SSA with the necessary information to

complete and application for an SSN shall be considered good cause for not complying timely

with this requirement.

FOOD STAMP REGULATIONS

63-404 (Cont.) ELIGIBILITY STANDARDS Regulations

63-404 SOCIAL SECURITY NUMBERS (Continued) 63-404

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-99-01 Effective 2/1/99

Page 171

.511 Good cause does not include delays due to illness, lack of transportation, or temporary

absences.

.6 Verification

.7 Ending Disqualification

.52 If the household member(s) can show good cause why an application for an SSN has not been

completed in a timely manner, that household member shall be allowed to participate for one

month in addition to the month of application. Thereafter, for a household member to continue to

participate, good cause shall be shown monthly.

.53 If the household member applying for an SSN has been unable to obtain the documents required

by SSA, the CWD should make every effort to assist the individual in obtaining these documents.

.61 The CWDs shall submit SSNs through IEVS to SSA for verification.

.62 The application for a SSN shall be verified by obtaining the CDSS approved documentation of

application from SSA. Approved documentation includes, but is not limited to, the MC-194, the

SSA 5028 or the hospital issued SSA-2853-OP4.

.63 Certification for or issuance of benefits shall not be delayed to an otherwise eligible household

solely because an SSN has not been verified.

.64 Once an SSN has been verified through IEVS, the EW shall annotate the casefile accordingly to

prevent the need for future reverification.

The disqualified household member may become eligible upon providing the CWD with his/her SSN,

providing verification of application for an SSN, or showing good cause why an application for an SSN

cannot be completed

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: 7 CFR

273.2(j)(3) and (4), 7 CFR 273.10(b), 7 CFR 273.6, and Sections 10554 and 18904, Welfare and Institutions

Code.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 172

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

CWDs shall limit participation in the Food Stamp Program to individuals who are either United States (U.S.)

citizens or eligible noncitizens.

For the purpose of qualifying as a U.S. citizen, the U.S. shall be defined as the 50 states and the District of

Columbia, Puerto Rico, Guam, and the Virgin Islands. Additionally, citizens of American Samoa, Swain’s

Island and the Northern Mariana Islands who reside in the U.S. shall be considered to have met the citizenship

eligibility requirements.

.1 A noncitizen who is a lawful resident of the U.S. and meets any of the following requirements is eligible

for participation in the federal Food Stamp Program (FSP):

Section 63-405.11 qualified noncitizen and Section 63-405.12 Indefinite Eligibility

Section 63-405.2 Indefinite Eligibility

.11 A QUALIFIED NONCITIZEN IS:

.111 A person who is lawfully admitted to the U.S. for permanent residence under the

Immigration and Nationality Act (INA).

.112 A refugee under Section 207 of the INA.

.113 An asylee under Section 208 of the INA.

.114 A noncitizen who had deportation withheld under Section 243(h) of the INA (before

April 1, 1997, or under Section 241(b)(3) of the INA on or after April 1, 1997).

.115 A Cuban or Haitian entrant as defined in 501(e) of the Refugee Education Assistance Act

of 1980.

.116 A conditional entrant under Section 203(a)(7) of the INA as in effect prior to April

1, 1980.

.117 A parolee under Section 212(d)(5) of the INA for at least one year.

.118 An abused/battered spouse and/or unmarried dependent child and/or child of an

abused/battered parent and/or parent of an abused/battered child as specified in Section

63-405.5.

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS (Continued) 63-405

MANU

CALIFORNIA-DSS-MANUAL-FS

AL LETTER NO. FS-03-03A Effective 10/1/03

Page 173

.12 INDEFINITE FOOD STAMP ELIGIBILITY CRITERIA. The following noncitizens are eligible

indefinitely, provided they are one of the qualified noncitizens specified in Section 63-405.11:

.121 Who is lawfully admitted to the U.S. for permanent residence and can be credited with 40

qualifying quarters of coverage as specified in Section 63-405.4

.122 An active member of the U.S. armed forces or an honorably discharged veteran of the

U.S. armed forces, including their spouse or unmarried dependent child, or un-remarried

surviving spouse of a deceased veteran, as specified in Section 63-405.3.

.123 Is under 18 years of age regardless of the date of entry into the U.S.

.124 Who is disabled or blind as specified in Section 63-102(e)(1)(B) through (K), regardless

of date of entry. Must show verification of disability benefits.

.125 Was lawfully in the U.S. and 65 years or older on August 22, 1996.

.126 He lawfully resided in the U.S. for five years beginning on the date of entry.

HANDBOOK BEGINS HERE

(a) The five-year period begins on the date the immigrant obtains status as a

qualified non-citizen through the INS. In cases where the INS grants qualified

status retroactively, the CWD shall use the date that INS grants qualified status.

For example, a non-citizen enters the country on January 1, 1996, but INS does

not complete paperwork until January 1, 1997, and subsequently grants qualified

status effective January 1, 1996. The CWD shall begin counting the five–year

qualifying period on January 1, 1996.

HANDBOOK ENDS HERE

.2 The following noncitizens are eligible for food stamp benefits for an indefinite period of time, even if

they are not qualified noncitizens as specified in Section 63-405.11.

.21 An individual who:

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS (Continued) 63-405

Effective 9/8/03

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03

Page 174

.211 Was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered

assistance to U.S. personnel by taking part in a military or rescue operation during the

Vietnam era (as defined in 38 U.S.C. 101) and is lawfully residing in the U.S.

HANDBOOK BEGINS HERE

Documentary evidence of Hmong or Highland Loatian tribe member includes:

(a) Was born in Laos [or another country with Hmong or other Highland Loatian

populations and can give a reasonable explanation as to why he/she was not born

in Laos (the countries include Thailand, Cambodia, China, Vietnam, Philippines,

Indonesia, Hong Kong, Malaysia, and Singapore)];

(b) Has a refugee code RE1, RE2, RE3, RE6, RE7, R86, IC6, or IC7, or can give a

reasonable explanation of his/her immigration to the U.S. (for example, sought

asylum in another country and later immigrated to the U.S.);

having entered before that, such as came here as a student, for military training,

to escape the war, and so on);

(d) Signs an affidavit swearing under penalty of law that he/she was a member of a

Hmong or Highland Loatian tribe between August 5, 1964 and May 7, 1975. [If

a food stamp worker has access to the Refugee Data Center (RDC) list of eligible

Hmong and Highland Loatian refugees who entered the U.S. after 1979, and the

name or alien number of the person claiming membership in a tribal group

appears on the list, there is no need for the affidavit. However, the worker must

not deny eligibility for food stamps simply because the RDC list is unavailable or

the applicant’s name or alien number does not appear on it.]; and

(e) Presents other information/documentation establishing that the tribal member

was part of a Hmong/Highland Loatian Tribe between August 5, 1964 and May

7, 1975.

HANDBOOK ENDS HERE

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS (Continued) 63-405

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.1

.212 Is the spouse, unmarried dependent child or unremarried surviving widow or widower of

a deceased Hmong or Highland Loatian tribal member and verifies his/her status as a

member of the tribal member’s family.

HANDBOOK BEGINS HERE

(a) Divorced spouses do not qualify as family members.

(b) A member of the family of a deceased tribal member need not show that the

deceased tribal member legally resided in the U.S..

Laotian described in Section 64-405.211.

(d) An unmarried dependent child of a Hmong or Highland Laotian described in

Section 63-405.21, is under the age of 18, or a full-time student under the age of

22, an unmarried child under the age of 18 or if a full-time student under the age

of 22 of a deceased Hmong or Highland Laotian provided the child was

dependent upon him or her at the time of his/her death, or an unmarried disabled

child age 18 or older if the child was disabled and dependent on the person prior

to the child’s 18th birthday.

HANDBOOK ENDS HERE

.22 An individual who is:

.221 A member of an Indian tribe (as defined in Section 4(e) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b(e)) who is recognized as eligible for the

special programs and services provided by the United States to Indians because of their

status as Indians.

HANDBOOK BEGINS HERE

(a) This includes, but is not limited to, Native Americans who are entitled to cross

the border into the U.S. from Canada or Mexico, the St. Regis Band of the

Mohawk in New York State, the Micmac in Maine, the Abanaki in Vermont, and

the Kickapoo in Texas.

HANDBOOK ENDS HERE

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS (Continued) 63-405

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.2

(b) Applicants shall provide a membership card or other tribal document

demonstrating membership in an Indian tribe. If the applicant has no

membership documentation, the CWD shall contact the Indian tribe for

verification.

.222 An American Indian born in Canada to whom the provisions of Section 289 of the INA (8

U.S.C. 1359) apply.

HANDBOOK BEGINS HERE

Documentary evidence of Section 289 status is:

(a) An unexpired Alien Registration Receipt Card or Permanent Resident Card with

the code S13; or

(b) An unexpired temporary I-551 stamp in a Canadian passport or on the Arrival-

Departure Record with the code S13; or

Section 289 of the Act and a birth certificate or satisfactory evidence of birth in

Canada.

HANDBOOK ENDS HERE

.3 A veteran or a person on active duty in the U.S. armed forces is eligible. The spouse, or unmarried

dependent child, or unremarried surviving spouse of a deceased veteran or active duty person is also

eligible.

.31 For purposes of this section, “veteran” means:

.311 Has been honorably discharged for a reason other than on account of alienage as

documented by a DD Form 214 or other acceptable verification; and

.312 Has met the minimum active-duty service requirements (24 months or the period for

which the person was called to active duty).

.313 An individual who served before July 1, 1946, in the organized military forces of the

Government of Commonwealth of the Philippines.

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

MAN

CALIFORNIA-DSS-MANUAL-FS

UAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.3

.32 For purposes of this section, “surviving spouse of a deceased veteran or individual on active duty”

means:

.321 The spouse has not remarried and the marriage fulfilled these requirements (married for at

least one year, or married before the end of a 15-year time span following the end of the

period of military service in which the injury or disease was incurred or aggravated, or

married for any period if a child was born of the marriage or was born before the

marriage);

HANDBOOK BEGINS HERE

.33 For purposes of this section, “Unmarried dependent child” means:

.331 Legally adopted or biological child of a person described in Section 63-405.31.

.332 Under the age of 18.

.333 Under the age of 22 and a student who is otherwise eligible as specified in Section 63-

406.2.

.334 Eighteen (18) or older if the child was/is disabled and dependent prior to turning 18.

HANDBOOK ENDS HERE

.4 A noncitizen who can be credited with 40 quarters (10 years) of qualifying employment; or can be

credited with such qualifying credits of employment through parents (up through the quarter the

applicant turned 18, including credits earned before the child was born) and/or spouse (for work

performed during their marriage and the noncitizen remains married to such spouse or such spouse is

deceased) is eligible. One credit equals one calendar quarter of qualifying employment. Beginning with

the first quarter of 1997, no credit shall be countable if the individual who earned it received any federal

means-tested public benefits. Qualifying credits of employment shall be verified.

.41 At the eligibility interview the CWD shall ask the following questions about any noncitizen whose

eligibility needs to be determined.

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.4

.411 How long has the applicant noncitizen, and if necessary, the applicant noncitizen’s

parents (up through the quarter the applicant turned 18, including credits earned before

the child was born) and/or spouse (for work performed during their marriage and the

noncitizen remains married to such spouse or such spouse is deceased) lived in the United

States? If the period of time is more than 10 years, it is not necessary to ask question B

(Section 63-405.412). Skip to question C (Section 63-405.413). However, if the period

of time is less than 10 years, question B (Section 63-405.412) shall be asked.

.412 Did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter

the applicant turned 18, including credits earned before the child was born) and/or spouse

(for work performed during their marriage and the noncitizen remains married to such

spouse or such spouse is deceased) ever perform work for a United States business or the

U.S. government, while not residing in the United States? If so, for how many calendar

quarters or years? If an applicant noncitizen neither lived in the U.S. at least 10 years, or

worked for a United States business or the U.S. government while living in another

country; or if the combination of years lived in the United States and worked for a United

States business or the U.S. government while living in another country totals less than 10

years, then the applicant noncitizen shall be denied food stamps. If the total is at least 10

years, then question C (Section 63-405.413) shall be asked.

.413 In how many of the years reported in answer to question A (Section 63-405.411) did the

applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the

applicant noncitizen turned 18, including credits earned before the child was born) and/or

spouse (for work performed during their marriage and the noncitizen remains married to

such spouse or such spouse is deceased) earn money through work? If the answer is at

least 10 years, or if the answer combined with the answer to question B (Section 63-

405.412) is at least 10 years, then the earnings of the noncitizen whose eligibility is in

question shall be verified before eligibility is established, except as specified in Section

63-405.112(g)(2). If the total is less than 10 years, then the applicant noncitizen shall be

denied food stamps.

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.5

.42 The preferred method of verifying qualifying credits of employment is through the Social Security

Administration’s (SSA’s) automated system. However, the automated system may not always

verify that the earnings requirement is met. If the noncitizen believes that the records provided by

the automated system are incorrect, the CWD shall inform the noncitizen of the option of

challenging SSA’s records. The person whose work history is in question can visit the nearest

SSA office and request a review to determine if the qualifying quarters are met. A document from

SSA indicating that a determination of work credits is under review must be provided to the

CWD. If for some reason the person whose work history is in question is unable or unwilling to

appear in person to request an investigation of SSA’s records, they can be requested for that

person through the mail. A noncitizen disputing SSA’s findings, and requesting a review through

SSA’s manual system, shall be allowed to participate until SSA completes its investigation, or for

a maximum of six months from the date of the original determination of insufficient quarters.

All or part of the qualifying credits of employment may be verified by information provided by the

household. The CWD shall accept employer-prepared wage statements, W-2 or W-2c forms, a

copy of the federal or state income tax return, etc., as proof of earnings. The normal application

processing time frames apply if the CWD is obtaining verification of work credits from the

household.

.43 After all the earnings are obtained for or on behalf of the noncitizen whose eligibility is in

question, the CWD shall use the “ESTABLISHING QUARTERS” chart below to determine if the

amount of earnings is sufficient to establish the required number of credits.

HANDBOOK BEGINS HERE

ESTABLISHING QUARTERS

The term “quarter” means the 3 calendar month periods ending with March 31, June 30,

September 30, and December 31 of any year.

Social Security credits (formerly called “quarters of coverage”) are earned by working at a job or

as a self employed individual. A maximum of 4 credits can be earned each year.

HANDBOOK CONTINUES

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.6

HANDBOOK CONTINUES

For 1978 and later, credits are based solely on the total yearly amount of earnings. All types of

earnings follow this rule. The amount of earnings needed to earn a credit increases and is

different for each year. For 1978 forward, the amount of earnings needed for each credit is:

1978 ............................ $250

1979 ............................ $260

1980 ............................ $290

1981 ............................ $310

1982 ............................ $340

1983 ............................ $370

1984 ............................ $390

1985 ............................ $410

1986 ............................ $440

1987 ............................ $460

1988 ............................ $470

1989 ........................... $500

1990 ........................... $520

1991 ........................... $540

1992 ........................... $570

1993 ........................... $590

1994 ........................... $620

1995 ........................... $630

1996 ........................... $640

1997 ........................... $670

1998 ........................... $700

1999 ........................... $740

2000 ........................... $780

A current year quarter may be included in the 40 quarter computation.

To determine the number of credits, divide the individual’s total yearly earnings by the amount

shown above for that year. For example, earnings of $1360 in 1982 results in four credits ($1360

divided by 340). DO NOT CREDIT CALENDAR QUARTERS THAT HAVE NOT ENDED.

If you need to use quarters before 1978:

A credit was earned for each calendar quarter in which an individual was paid $50 or

more in wages (including agricultural wages for 1951-1954);

Four credits were earned for each taxable year in which an individual’s net earnings from

self-employment were $400 or more; and/or

A credit was earned for each $100 (limited to a total of 4) of agricultural wages paid

during the year for years 1955 through 1977.

HANDBOOK ENDS HERE

.44 If upon further review SSA cannot establish additional earnings and the noncitizen does not have

at least 40 qualifying credits, the CWD shall establish an inadvertent household error claim for

over issuance for the months food stamps were received.

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.7

.5 The following are the abused/battered noncitizens who may be considered qualified as specified in

Section 63-405.118:

.51 A noncitizen who has been abused:

.511 In the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family

residing in the same household as the noncitizen and the spouse or parent consented to, or

acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing

such benefits) there is a substantial connection between such battery or cruelty and the

need for the benefits to be provided; and

.512 Who has been approved by INS or has a petition pending with INS which sets forth a

prima facie case for:

(a) Status as a spouse or a child of a U.S. citizen pursuant to clause (ii), (iii), or (iv)

of Section 204(a)(1)(A) of the INA;

(b) Classification as a spouse or child of a noncitizen lawfully admitted for

permanent residence (LPR) in the U.S. pursuant to clause (ii) or (iii) of Section

204(a)(1)(B) of the INA;

of the INA as in effect prior to April 1, 1997;

(d) Status as a spouse or child of a U.S. citizen pursuant to clause (i) of Section

204(a)(1)(A) of such Act, or as a spouse or child of an LPR pursuant to clause (i)

of Section 204(a)(1)(B) of the INA; or

(e) Cancellation of removal pursuant to Section 240A(b)(2) of the INA.

.52 A noncitizen whose child has been abused:

.521 In the U.S. by a spouse or a parent of the noncitizen (without the active participation of

the noncitizen in the battery or cruelty), or by a member of the spouse or parent’s family

residing in the same household as the noncitizen and the spouse or parent consented or

acquiesced to such battery or cruelty, and the noncitizen did not actively participate in

such battery or cruelty, but only if (in the opinion of the agency providing such benefits)

there is a substantial connection between such battery or cruelty and the need for the

benefits to be provided; and

FOOD STAMP REGULATIONS

Regulations ELIGIBILITY STANDARDS 63-405 (Cont.)

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.8

.522 Who meets a requirement as specified in Section 63-405.512.

.53 A noncitizen child who resides in the same household as a parent who has been abused:

.531 In the U.S. by that parent’s spouse or by a member of the spouse’s family residing in the

same household as the parent and the spouse consented or acquiesced to such battery or

cruelty, but only if (in the opinion of the agency providing such benefits) there is a

substantial connection between such battery or cruelty and the need for the benefits to be

provided; and

.532 Who meets a requirement as specified in Section 63-405.512.

.54 These sections shall not apply to a noncitizen during any period in which the individual

responsible for such abuse/battery or cruelty resides in the same household or family eligibility

unit as the individual subjected to such abuse/battery or cruelty.

HANDBOOK BEGINS HERE

.55 The following list includes, but is not limited to, circumstances which may demonstrate a

substantial connection between the abuse/battery or extreme cruelty suffered by the applicant and

the need for the benefit sought. A connection exists if the benefits are needed to enable the

noncitizen, the noncitizen’s child, and/or (in the case of a noncitizen child) the noncitizen’s parent

to:

.551 Become self-sufficient following separation from the abuser;

.552 Escape the abuser and/or the community in which the abuser lives, or ensure safety from

the abuser;

.553 Fulfill a financial need due to loss of financial support resulting from separation from the

abuser;

.554 Fulfill a financial need caused by the loss of a job because of the circumstances of the

abuse;

HANDBOOK CONTINUES

FOOD STAMP REGULATIONS

63-405 (Cont.) ELIGIBILITY STANDARDS Regulations

63-405 CITIZENSHIP OR ELIGIBLE NONCITIZEN STATUS 63-405

(Continued)

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-03-03 Effective 9/8/03

Page 174.9

HANDBOOK CONTINUES

.555 Provide or seek medical attention or mental health counseling, or health services due to

disability resulting from the battery or extreme cruelty;

.556 Fulfill a financial need because of the loss of a dwelling or source of income or fear of the

abuser which, following separation from the abuser, jeopardizes the applicants’ or the

parents’ ability to care for his or her children;

.557 Alleviate nutritional risk or need resulting from the abuse or following separation from

the abuser;

.558 Provide or seek medical care during a pregnancy resulting from the abuser’s sexual

assualt or abuse of, or relationship with the abused noncitizen and/or care for any

resulting children; or

.559 Replace medical/health care services which were provided when living with the abuser.

HANDBOOK ENDS HERE

.6 Other noncitizen provisions and procedures not superseded by Section 63-405 remain in effect.

.7 Responsibilities of Sponsored Noncitizens

The sponsored noncitizen shall be responsible for the following:

.71 Obtaining the cooperation of his/her sponsor.

.72 Providing the CWD at the time of application and at the time of recertification with any

information and/or documentation necessary to determine the deemed income and resources of the

noncitizen’s sponsor as specified in Section 63-503.49.

.73 Providing the names (or other identifying factors) of other noncitizens for whom the noncitizen’s

sponsor has signed an agreement to support.