218 R.I. Code R. 218-RICR-20-00-1.2 - [Effective 4/29/2025] Household Definitions
1.2.1
General
Household Definition
A. A household is
composed of any of the following individuals or groups of individuals, provided
they are not residents of an institution (except as otherwise specified in
§ 1.2.8 of this Part), are not residents of a commercial boarding house,
or are not boarders (except as otherwise specified in § 1.2.6 of this
Part):
1. An individual living
alone;
2. An individual living with
others, but customarily purchasing food and preparing meals for home
consumption separate and apart from others; or
3. A group of individuals who live together
and customarily purchase food and prepare meals together for home
consumption.
1.2.2
Special Household
Definition
A. Certain individuals
living with others or groups of individuals living together must be considered
as customarily purchasing food and preparing meals together, even if they do
not do so, and therefore must be included in the same household, unless
otherwise specified.
1. Separate household
status may NOT be granted to the following:
a.
A spouse of a member of the household living together; or
b. Children under twenty-two (22) and living
with their parents, even if married and living with a spouse, a child, or both;
or
c. Children (other than foster
children) under eighteen (18) years of age who live with and are under the
parental control of an adult household member other than their parent (s). A
child must be considered under parental control if he or she is financially or
otherwise dependent on a member of the household; or
d. Parents living together with their
children who are under age twenty-two (22).
1.2.3
Elderly/Disabled
Individuals
A. Although a group of
individuals living together and purchasing and preparing meals together
constitutes a single household under the provisions of the General Household
Definition, an otherwise eligible member of such a household who is sixty (60)
years of age or older and who is unable to purchase and prepare meals because
they suffer from a disability considered permanent under the Social Security
Act, U.S.C. Title 42 or suffer from a non-disease-related, severe, permanent
disability may be a separate household from the others based on the provisions
of the Special Definition, provided that the income of the others with whom the
individual resides (excluding the income of the spouse of the elderly and
disabled individual) does not exceed one hundred sixty-five percent (165%) of
the poverty line.
1. The SSA's most current
list of disabilities is used as the initial step for verifying if an individual
has a disability considered permanent under the Social Security Act, U.S.C.
Title 42.
a. However, only an individual who
suffers from such a disability and who is unable to purchase and prepare meals
because of such disability is considered disabled for the purpose of this
provision.
2. If it is
obvious to the agency representative that the individual is unable to purchase
and prepare meals because they suffer from a severe physical or mental
disability, the individual is considered disabled for the purpose of this
provision even if the disability is not specifically mentioned on the SSA
list.
3. If the disability is not
obvious to the agency representative, they must verify the disability by
requiring a statement from a physician or licensed or certified psychologist
certifying that the individual (in the physician's/psychologist's opinion) is
unable to purchase and prepare meals because they suffer from one of the
non-obvious disabilities mentioned in the SSA list or is unable to purchase and
prepare meals because they suffer from some other severe, permanent physical or
mental disease or non-disease-related disability.
a. The elderly and disabled individual (or
their authorized representative) is responsible for obtaining the cooperation
of the individuals with whom they reside in providing the necessary income
information about the others to the agency for purpose of this
provision.
1.2.4
Non-Household Members
A. Certain individuals are not included as
members of the household, unless specifically included as a household member
under the provisions of the Special Household Definition in § 1.2.2 of
this Part.
1. If not included as a member of
the household under the provisions of the Special Household Definition, such
individuals must not be included as a member of the household for the purpose
of determining household size, eligibility, or benefit level.
a. The income and resources of such
individuals must be handled in accordance with the provisions of §
1.5.6(C) of this Part.
2.
The following individuals (if otherwise eligible) may participate as separate
households:
a. Roomers: Individuals to whom a
household furnishes lodging, but not meals, for compensation.
b. Live-in Attendants: Individuals who reside
with a household to provide medical, housekeeping, child care or similar
personal services.
c. Other
Individuals: Other individuals who share living quarters with the household but
who do not customarily purchase food and prepare meals with the
household.
B.
Students
1. An individual who is enrolled at
least half-time in an institution of higher education shall be ineligible to
participate in the Supplemental Nutrition Assistance Program unless the
individual qualifies for one (1) of the exemptions contained in § 1.4.13
of this Part.
2. An individual is
considered to be enrolled in an institution of higher education if the
individual is enrolled in a business, technical, trade, or vocational school
that normally requires a high school diploma or equivalency certificate for
enrollment in the curriculum or if the individual is enrolled in a regular
curriculum at a college or university that offers degree programs regardless of
whether a high school diploma is required.
3. The enrollment status of a student shall
begin on the first (1st) day of the school term of the institution of higher
education.
a. Such enrollment shall be deemed
to continue through normal periods of class attendance, vacation and recess,
unless the student graduates, is suspended or expelled, drops out, or does not
intend to register for the next normal school term (excluding summer
school).
1.2.5
Ineligible Household
Members
A. Some household members are
ineligible to receive program benefits (such as certain non-citizens), while
others may become ineligible for such reasons as being disqualified for
committing an intentional program violation or refusing to comply with a
regulatory requirement.
1. These individuals
must be included as members of the household for the purpose of defining a
household under the provisions of the general and special definitions.
a. However, such individuals must not be
included as eligible members of the household when determining the household's
size for the purpose of comparing the household's monthly income with the
income eligibility standard or assigning a benefit level.
b. The income and resources of such
individuals must be handled in accordance with the provisions of §
1.5.6(A) of this Part, as appropriate.
(1)
Moreover, these individuals are not eligible to participate as separate
households.
2.
Categories of ineligible individuals include:
a. Ineligible Non-citizens: Individuals who
do not meet the citizenship or qualified alien status requirements of or the
non-citizen sponsorship requirements of § 1.4.12 of this Part.
b. Ineligible Able-Bodied Adults without
Dependents (ABAWDS): Individuals who are ineligible due to the time limit for
able-bodied adults as detailed in § 1.11.9 of this Part.
c. Noncompliance with Work Requirements:
Individuals who are disqualified for noncompliance with the work requirements
found in §
1.11 of this Part.
d. Intentional Program Violation: Individuals
who are disqualified for an intentional program violation, as set forth in
§
1.8 of this Part.
e. Social
Security Number (SSN) Noncooperation: Individuals who are disqualified for
failure to provide or apply for an SSN, as set forth in § 1.4.12 of this
Part.
f. Failure to Attest to
Citizenship/Alienage Status: Individuals who do not attest to their citizenship
or alien status as set forth in § 1.4.7 of this Part.
g. Fleeing Felons: Individuals who are
fleeing to avoid prosecution, custody, or confinement after conviction, under
the law of the place from which the individual is fleeing, for a crime or
attempt to commit a crime that is a felony under the law of the place from
which the individual is fleeing or which, in the case of New Jersey, is a high
misdemeanor under the State of New Jersey; or violating a condition of
probation or parole imposed under a Federal or State law.
(1) An individual is considered to be a
"fleeing'' felon, if the following criteria are met:
(AA) There is a felony warrant for the
individual;
(BB) The individual is
aware of, or reasonably expects that a warrant has or would have been
issued;
(CC) The individual has
taken some action to avoid being arrested or jailed; and
(DD) A law enforcement agency is actively
seeking the individual.
1.2.6
Boarders
A. Boarders are defined as individuals or
groups of individuals residing with others and paying reasonable compensation
to the others for lodging and meals.
1.
Boarders are ineligible to participate in the program independent of the
household providing the board.
a. They may
participate as members of the household providing the boarder services to them
at the household's request.
b. For
SNAP Program purposes, a foster child or foster care adult is considered a
boarder.
c. In no event, should
boarder status be granted to those individuals or groups of individuals
described in § 1.2.2 of this Part, which includes children residing with
elderly or disabled parents.
2. Boarders are not to be considered members
of participant or applicant households, nor is the income and resources of
boarders to be considered available to such households.
a. However, the amount of payment which a
boarder gives to a household for lodging and meals must be treated as
self-employment income to the household.
3. For program purposes, a boarding house is
defined as a commercial establishment which offers meals and lodging for
compensation with the intention of making a profit.
a. Residents of such boarding houses are not
eligible for program benefits .
b.
The number of boarders residing in a boarding house is not used to determine if
a boarding house is a commercial enterprise.
c. The household of the proprietor of a
boarding house may participate in the program, separate and apart from the
residents of the boarding house, if that household meets all of the eligibility
requirements for program participation.
4. To determine if an individual is paying
reasonable compensation for meals and lodging in making a determination of
boarder status, only the amount paid for meals must be used, provided that the
amount paid for meals is distinguishable from the amount paid for lodging. A
reasonable monthly payment must be either:
a.
A boarder, whose board arrangement is for more than two (2) meals a day, must
pay an amount which equals or exceeds the Thrifty Food Plan for the appropriate
size of the boarder household; or,
b. A boarder, whose board arrangement is for
two (2) meals or less per day, must pay an amount which equals or exceeds two
thirds (2/3) of the Thrifty Food Plan for the appropriate size of the boarder
household.
5. An
individual furnished both meals and lodging by a household, but paying
compensation of less than a reasonable amount to the household for such
service, is considered a member of the household providing the
services.
B. None of the
income or resources of individuals determined to be boarders and who are not
members of the household providing the boarder services is considered available
to such household. However, the amount of the payment that a boarder gives to a
household must be treated as self-employment income to that household, with the
exception of foster care boarders.
1. 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 set forth in § 1.5.4 of this Part.
2. The procedures for handling income from
boarders by a household that owns and operates a commercial boarding household
are set forth in § 1.5.4 of this Part.
1.2.7
Head of Household
A. When designating the head of the household
in a household with an adult parent and children or an adult who has parental
control over children, the household must select an adult parent of children of
any age living in the household, or an adult who has parental control over
children under eighteen (18) years of age living in the household, provided
that all adult members agree to the selection.
1. These households may affect the selection
at application, recertification, or whenever there is a change in household
composition, but not when a previously-designated head of household has been
sanctioned under §
1.11 of this Part.
2. If such a household fails to select a head
of household, the agency representative shall designate the principal wage
earner as the head of household.
a. The
principal wage earner is the household member (including an ineligible member)
who has the greatest amount of earned income in the two (2) months prior to the
month of application or month of violation.
b. This provision applies only if the
employment involves twenty (20) hours or more per week or provides earnings at
least equivalent to the Federal minimum wage multiplied by twenty (20)
hours.
3. For households
that do not consist of adult parents and children, or adults who have parental
control of children living in the household, the worker will designate the head
of household.
4. The head of
household classification is not used to impose special requirements on the
household such as requiring that the head of household, rather than another
adult member of the household, appear at the office to make application for
benefits .
5. In the event that the
head of the household or spouse is unable to file the application, another
household member may apply for the household, or an adult non-household member
may be designated as the authorized representative for that purpose.
6. No person of any age living with a parent
(or person fulfilling the role of parent ) who is:
a. Registered for work;
b. Exempt from work registration because they
are subject to and participating in a Temporary Assistance for Needy Families
(TANF)/Rhode Island Works (RI Works) employment plan; or
c. Receiving unemployment insurance;
or
d. Is employed or self-employed
and working a minimum of thirty (30) hours weekly or receiving weekly earnings
equal to the Federal minimum wage multiplied by thirty (30) hours shall be
considered the head of household unless the person is an adult parent of
children and the household elects to designate her/him as its head of
household.
7. When a new
person joins a household with an adult parent of children while either the
household or an individual is disqualified for a work requirement or voluntary
quit violation, and if the new person is selected by the household to be the
head of household as defined above, that new head of household status takes
precedence over the status another member may have
held.
1.2.8
Residents of Institutions
A.
Individuals are considered residents of an institution when the facility
provides them with the majority of their meals (over fifty percent (50%) of
three (3) meals daily) as part of the institution's normal services. Residents
of institutions are not eligible for participation in the SNAP Program.
1. Individuals who do not elect to receive
the majority of their meals (over fifty percent (50%) of three (3) meals daily)
from the facility, such as an Assisted Living facility, would not be considered
residents of an institution and would, therefore, be entitled to receive SNAP
benefits if otherwise eligible.
B. Exceptions to the Institution Rule:
1. Residents of federally subsidized housing
for the elderly, built under either § 202 of the Housing Act of 1959, 12 U.S.C. §
1701(q), or § 236 of the National Housing Act, 12 U.S.C.
§
1715z - 1(j)(5).
2. Narcotic
addicts or alcoholics who, for the purpose of regular participation in a drug
or alcohol treatment and rehabilitation program, reside at a facility or
treatment center. (Refer to § 1.2.12 of this Part)
3. Disabled or blind individuals who are
residents of group living arrangements (as defined in § 1.2.12 of this
Part) and who receive benefits under Title II or Title XVI of the Social
Security Act, 42 U.S.C. Chapter 7.
4. Women, men or women and men with their
children, temporarily residing in a shelter for battered persons and children
(as defined in § 1.4.8 of this Part). Such persons temporarily residing in
shelters for battered persons and children are considered individual households
for the purposes of applying for, and participating in, the program.
5. Residents of public or private non-profit
shelters for homeless persons (Refer to § 1.4.9 of this Part).
1.2.9
Pre-Release
Program Resident s
A. Residents of
public institutions who apply for SSI prior to their release from an
institution under the Social Security Administration's Pre-release Program for
the Institutionalized are permitted to apply for SNAP benefits at the same time
they apply for SSI. These pre-release applicants are processed in accordance
with the provisions in § 1.4.10 of this Part.
1.2.10Strikers
A. Households with striking members are
ineligible to participate in the program unless the household was eligible for
benefits prior to the strike (Refer to § 1.4.4 of this Part).
1.2.11
Authorized
Representatives
A. There may be cases
when the head of the household or spouse cannot apply for the household. In
such cases, another household member may apply or an adult, non-household
member may be designated as the authorized representative.
1. An authorized representative is a person
designated by the head of the household or the spouse, or any other responsible
member of the household, to act on behalf of the household in applying for
program benefits , or using the SNAP benefits .
a. A private, non-profit organization or
institution or a publicly operated community mental health center conducting a
drug addiction or alcoholic treatment and rehabilitation program must serve in
this capacity, and a group living arrangement may or may not also serve in this
capacity, as noted in § 1.2.12 of this Part.
2. An authorized representative may be
designated for obtaining SNAP benefits on behalf of the household. This
designation is made at the time the application is completed. The authorized
representative is issued an EBT card for access to SNAP benefits .
3. Limits are not placed on the number of
households an authorized representative may represent. In the event employers,
such as those who employ migrant or seasonal farm workers, are designated as
authorized representatives or that a single authorized representative has
access to a large number of EBT cards and benefits , caution should be exercised
to assure that:
a. The household has freely
requested the assistance of the authorized representative;
b. The household's circumstances are
correctly represented, and the household receives the correct amount of
benefits ; and
c. That the
authorized representative is properly using the SNAP benefits .
B. Liability for
Designation
1. It is important that the head
of the household or the spouse prepare or review the application whenever
possible, even though another household member or the authorized representative
will actually be interviewed.
2. In
conjunction with these provisions, another household member, or the household's
authorized representative, may complete work registration forms for those
household members required to register for work.
a. The agency representative must emphasize
to the household that it will be held liable for any over issuance which
results from erroneous information given by the authorized
representative.
C. An authorized representative must be
designated in writing by the head of the household, or the spouse, or another
responsible member of the household; and be an adult who is sufficiently aware
of relevant household circumstances. In the event the only adult member of a
household is classified as a non-household member, that person may be
designated as the authorized representative for the minor household
members.
D. The following
individuals may not serve as authorized representatives without prior approval
as indicated below:
1. Agency employees who
are involved in the certification and/or issuance processes and retailers who
are authorized to transact SNAP benefits may not act as authorized
representatives unless a determination has been made that no one else is
available to serve.
2. Individuals
disqualified for fraud cannot act as authorized representatives during the
period of disqualification, unless the disqualified individual is the only
adult member of the household able to act on its behalf and the agency
representative has determined that no one else is available to serve.
a. The agency representative determines
whether these individuals are permitted to apply on behalf of the household
and/or to obtain and purchase goods with SNAP benefits .
b. If the agency representative cannot locate
anyone qualified to serve as an authorized representative to purchase goods
with the SNAP benefits , the disqualified member is allowed to do so.
3. Where evidence has been
obtained that an authorized representative has misrepresented a household's
circumstances and has knowingly provided false information pertaining to the
household, or has made improper use of the SNAP benefits , the authorized
representative may be disqualified from participating in this capacity in the
SNAP for up to one (1) year.
a. The affected
household(s) and the authorized representative is sent written notification
thirty (30) days prior to the date of disqualification. The notification
includes:
(1) The proposed action;
(2) The reason for the proposed
action;
(3) The household's right
to request a fair hearing; the office telephone number and the name of the
person to contact for additional information.
4. Establishments which provide meals to the
homeless may not act as authorized representatives for homeless SNAP
recipients.
1.2.12
Treatment Centers and Group
Homes
A. Narcotics addicts or
alcoholics who regularly participate in a drug or alcohol treatment program on
a resident basis and blind or disabled (as defined in § 1.2.8 of this
Part) residents of group living arrangements may voluntarily request SNAP
benefits .
1. Drug and Alcohol Treatment
Centers
a. The residents of drug or alcoholic
treatment centers apply and are certified for program participation through the
use of an authorized representative who is an employee of, and designated by, a
publicly operated community mental health center, or private non-profit
organization or institution, that is administering the treatment and
rehabilitation program.
b. The
center is the authorized representative for the eligible residents and utilizes
the SNAP benefits for food prepared by and/or served to the eligible residents.
As authorized representative, the treatment center is responsible for complying
with the requirements set forth in § 1.4.3 of this Part.
2. Group Living Arrangements
a. Residents of group living arrangements
either apply and are certified through use of an authorized representative
employed and designated by the group living arrangement or apply and are
certified on their own behalf (or through an authorized representative of their
own choice).
b. The group living
arrangement determines if any resident may apply for SNAP on their own behalf.
(1) The determination should be based on an
assessment of the resident 's physical and mental ability to handle their own
affairs.
(2) The group living
arrangement is encouraged to consult with any other agencies providing services
to individual residents prior to a determination.
(3) All of the residents of the group living
arrangement do not have to be certified either through an authorized
representative or individually in order for one or the other method to be
used.
c. Applications are
accepted for any individual applying as a one (1) person household or for any
grouping of residents applying as a household.
(1) If a resident applies through the
facility as the authorized representative, the group living arrangement may
either receive and utilize the SNAP benefits 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.
(2) If a
resident is certified on their own behalf, the SNAP benefits may either be
returned to the facility to purchase meals served either communally or
individually to eligible residents or retained and used by the eligible
resident to purchase and prepare food for their own consumption. In any case,
the group living arrangement is responsible for complying with the requirements
set forth in § 1.4.7 of this Part.
d. If the group living arrangement has its
status as an authorized representative suspended by FNS, eligible residents
applying on their own behalf are still able to participate.
Notes
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