218 R.I. Code R. 218-RICR-20-00-1.4 - [Effective 4/29/2025] Non-Financial Requirements
1.4.1
Residency
A. A household must be
living in the project area where it files an application for participation.
1. No individual may participate as a member
of more than one (1) household or in more than one (1) project area in any
month unless an individual is a resident of a shelter for battered persons and
children as defined in § 1.4.8 of this Part and was a member of a
household containing the person who had abused her or him.
a. Residents of shelters for battered persons
and children are handled in accordance with § 1.4.8 of this
Part.
2. Residency must
not be interpreted to mean domicile which is sometimes defined as the legal
place of residence or principal home.
3. No durational residency requirements must
be imposed.
a. An otherwise eligible household
must not be required to reside in a permanent dwelling or have a fixed mailing
address as a condition of eligibility.
b. Residency must not mean an intent to
permanently reside in the State . However, a person in the State solely for
vacation must not be considered a resident .
1.4.2
Citizenship and
Eligible Non-Citizen Status
A. To
receive SNAP benefits , an individual must be either:
1. A citizen of the United States as
described in § 1.4.2(C) of this Part; or
2. An eligible non-citizen as described in
§ 1.4.2(D) of this Part.
B. A household with a member who is not a
citizen of the United States or an eligible non-citizen must not be prevented
from applying and, if eligible, receiving benefits for the remaining eligible
members of the household.
C. For
SNAP purposes, a citizen of the United States is defined as an individual born
in one (1) of the fifty (50) States, the District of Columbia, Puerto Rico,
Guam, or the Virgin Islands.
1. In addition,
nationals from American Samoa and Swain's Island are considered United States
citizens for SNAP purposes.
2.
Naturalized citizens are also considered to be citizens since they have the
same status as citizens.
D. Eligible Non-Citizens
1. Eligibility for participation in the
Supplemental Nutrition Assistance Program depends on the non-citizen being an
eligible non-citizen or a qualified non-citizen that meets certain conditions
related to the qualified non-citizen status.
2. The following eligible non-citizens may be
eligible to participate in the Supplemental Nutrition Assistance Program
without having to meet any additional non-citizen requirements:
a. Certain American Indians born abroad:
American Indians born in Canada living in the U.S. under § 289 of the
Immigration and Nationality Act (INA), 8 U.S.C. §
1359, or non-citizen
members of a Federally recognized Indian tribe under §
4(e) of the Indian
Self-Determination and Education Assistance Act (Pub. Law 93-638);
and
b. Hmong or Highland Laotian
tribal members: An individual lawfully residing in the U.S. who was a member of
a Hmong or Highland Laotian tribe that rendered assistance to U.S. personnel by
taking part in a military or rescue operation during the Vietnam era (August 5,
1964 - May 7, 1975).
(1) This category
includes the spouse (or un-remarried surviving spouse) or unmarried dependent
children of these individuals.
3. The following qualified non-citizens may
be eligible to participate in the Supplemental Nutrition Assistance Program
without having to meet an additional condition:
a. Asylees : Individuals granted asylum under
§ 208 of the INA;
b. Refugees :
Refugees admitted to the United States under § 207 of the INA;
c. Deportation withheld: individuals whose
deportation is being withheld under § 243(h) of the INA (as in effect
before April 1, 1997), or removal is withheld under § 241(b)(3) of the
INA;
d. Cuban/Haitian Entrants:
Cuban or Haitian entrants under § 501(e) of the Refugee Education
Assistance Act of 1980 (Pub. Law 96-422); or
e. Victims of Severe Trafficking: Victims
under the Trafficking Victims Protection Act of 2000 (Pub. Law
106-386).
f. Iraqi and Afghan
Special Immigrants (SIV): Iraqi and Afghan special immigrants who have been
granted special immigrant status under § 101(a)(27) of the INA who have
worked on behalf of the U.S. government in Iraq or Afghanistan. The Department
of Defense Appropriations Act of 2010 (DoDAA), Pub. Law 111-118 § 8120,
enacted on December 19, 2009, provides that SIVs are eligible for all benefits
to the same extent and the same period of time as refugees .
g. Amerasian immigrants: as defined under
§ 584 of the Foreign Operations, Export Financing and Related Programs
Appropriations Act of 1988 (Pub. Law 100-461);
h. Elderly Non-citizens: elderly individuals
born on or before August 22, 1931 and lawfully residing in the United States on
August 22, 1996;
i. Children under
eighteen (18): Qualified non-citizen children under eighteen (18) years of
age.
j. Individuals receiving
benefits or assistance for blindness or disability: Individuals who have been
determined blind or disabled and are receiving benefits or assistance for their
condition as defined under §
3(r) of the Food and Nutrition Act of 2008
(as amended though Pub. Law 116-94) regardless of when they entered the United
States;
k. Military Connection:
Individuals who are lawfully residing in a State and are on active duty (other
than for training) in the U.S. Army, Navy, Air Force, Marine Corps, or Coast
Guard (but not full-time National Guard) or who are honorably discharged
veterans who have not been discharged due to non-citizen status. This category
includes the spouse (or surviving spouse who has not remarried) or unmarried
dependent children of these individuals. A discharge "Under Honorable
Conditions" does not meet this requirement.
l. A Legal Permanent Resident (LPR) who prior
to adjustment to LPR status was:
(1) A refugee
under § 207 of the INA, including a victim of severe forms of
trafficking;
(2) An asylee under
§ 208 of the INA;
(3) A
non-citizen whose deportation was being withheld under § 243(h) of the INA
(as in effect before April 1, 1997), or removal is withheld under §
241(b)(3) of the INA;
(4) A
Cuban/Haitian entrant as defined in § 501(e) of the Refugee Education
Assistance Act of 1980 (Pub. Law 96-422); -
(5) An Amerasian immigrant as defined in
§ 584 of the Foreign Operations, Export Financing and Related Programs
Appropriations Act, 1988 (Pub. Law 100-461) or;
m. Individuals lawfully residing in the U.S.
in accordance with the Compacts of Free Association (COFA) between the United
States and the Governments of the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau pursuant to the Consolidated
Appropriations Act, 2024 (CAA) (Pub. Law 118-42).
4. The following qualified non-citizens must
meet one (1) additional condition in order to be eligible to participate in the
Supplemental Nutrition Assistance Program:
a.
Legal Permanent Residents (LPRs): Individuals lawfully admitted for permanent
residence (LPR) in the United States (holders of green cards).
b. Parolees: Individuals paroled into the
United States under § 212(d)(5) of the INA for at least one (1)
year;
c. Conditional Entrants:
Individuals granted conditional entry under § 203(a)(7) of the INA as in
effect before April 1, 1980;
d.
Battered Non-Citizens: Under certain circumstances, a battered non-citizen
spouse or child, non-citizen parent of a battered child or a non-citizen child
of a battered parent with a petition pending under §§ 204(a)(1)(A) or
(B) or 244(a)(3) of the INA.
5. In order to be eligible to receive SNAP
benefits , LPRs, parolees, conditional entrants and battered non-citizens must
meet one (1) of the following additional conditions:
a. Five (5) years of residence: has lived in
the U.S. as a qualified alien for five (5) years from the date of
entry ;
b. Forty (40) qualifying
work quarters (this condition can only be met by individuals who are LPRs):
(1) An LPR who can be credited with forty
(40) qualifying quarters of work under the Social Security system (credits may
be earned individually, in combination with a spouse and in some circumstances
a parent );
c. Blind or
disabled: Individuals who have been determined blind or disabled and are
receiving benefits or assistance for their condition;
d. Elderly Non-citizens: elderly individuals
born on or before August 22, 1931 and lawfully residing in the United States on
August 22, 1996;
e. Military
connection: an individual who is lawfully residing in a State and is on active
duty in the military (excluding National Guard) or is an honorably discharged
veteran whose discharge is not because of immigration status (includes spouse,
surviving spouse if not married, and unmarried dependent children).
(1) A discharge "Under Honorable Conditions",
which is not the same as an honorable discharge, does not meet this
requirement.
f. Child
under eighteen (18): Qualified non-citizen children under eighteen (18) years
of age.
6. Battered
Immigrants/Qualified Non-Citizen Criteria
a.
Certain categories of immigrants who have been subjected to battery or extreme
cruelty in the United States by a family member with whom they reside are
provided qualified non-citizen status under § 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (Pub.
Law 104-193).
(1) Qualified non-citizen
status also extends to an immigrant whose child or an immigrant child whose
parent has been abused. Additionally, this group of battered immigrants is
exempt from deeming requirements as outlined in § 1.5.8 of this
Part.
b. A non-citizen is
a qualified non-citizen as a battered immigrant if the individual meets the
following seven (7) requirements. In general, these Rules apply to abused
immigrants who are (or were) married to LPRs or U.S. citizens, or whose parents
are LPRs or citizens:
(1) The battered
immigrant must show that they have an approved or pending petition which makes
a prima facie case for immigration status in one (1) of the
following categories:
(AA) A Form I-130 filed
by their spouse or the child's parent ;
(BB) A Form I-130 petition as a widow(er) of
a U.S. citizen;
(CC) An approved
self-petition under Title VIII of the Violence Against Women Reauthorization
Act of 2013 (Pub. Law 113-4), (including those filed by a parent ); or
(DD) An application for cancellation of
removal or suspension of deportation filed as a victim of domestic
violence .
(2) The
immigrant, the immigrant's child or the immigrant child's parent has been
abused in the United States under the following circumstances:
(AA) The immigrant has been battered or
subjected to extreme cruelty in the U.S. by a spouse or parent of the
immigrant, or by a member of the spouse's or parent 's family residing in the
same household if the spouse or parent consent to the battery or
cruelty.
(BB) The immigrant's child
has been battered or subjected to extreme cruelty in the U.S. by a spouse or
parent of the immigrant, or by a member of the spouse's or parent 's family
residing in the same household if the spouse or parent consents to the battery
or cruelty, and the immigrant did not actively participate in the battery or
cruelty.
(CC) The parent of an
immigrant child has been battered or subjected to extreme cruelty in the United
States by the parent 's spouse, or by a member of the spouse's family residing
in the same household as the parent , if the spouse consents to or acquiesces in
such battery or cruelty.
(DD) There
is a substantial connection between the battery or extreme cruelty and the need
for SNAP benefits ; and
(EE) The
battered immigrant, child, or parent no longer resides in the same household as
the abuser.
c.
The conditions discussed above only establish that the battered immigrant is a
qualified non-citizen. In order for the immigrant to qualify for SNAP benefits
based on her or his immigration status, such a qualified alien must meet the
other conditions for eligibility such as the five (5) year residency
requirement or an LPR with forty (40) qualifying quarters of work.
(1) The five (5) year residency period begins
when the prima facie case determination is issued or when the
abused immigrant's I-130 visa petition is approved.
(AA) In making its determination, the agency
representative must remember that the relevant date for this immigrant's
eligibility is the date that the individual obtained qualified alien status as
an abused immigrant rather than the date of that individual's immigration
status, such as that of an LPR.
(2) Examples to assist the agency
representative determine whether a substantial connection exists between the
battery or extreme cruelty and the applicant 's need for public benefits include
the following situations where benefits are needed:
(AA) To enable the applicant and the
applicant 's child or parent to become self-sufficient;
(BB) To escape the abuser or community in
which the abuser lives or to ensure the safety of the applicant ;
(CC) Because of a loss of financial support,
dwelling, or source of income due to separation from the abuser; to alleviate
nutritional risk; or
(DD) For
medical attention, mental health counseling, or because of a disability that
resulted from the abuse.
7. Undocumented Non-Citizens
a. When a household is unable, or unwilling,
to provide documentation of non-citizen status for any household member, that
member is classified as an ineligible non-citizen.
b. In such cases the agency representative
does not continue efforts to obtain documentation and does not report him/her
to the U.S. Citizenship and Immigration Services (USCIS) office. Only in those
instances where the agency representative has seen the deportation notice can
the immigrant be reported to the USCIS office.
8. Certification of Remaining Household
Members
a. A non-citizen is ineligible for
SNAP benefits until acceptable verification is provided unless:
(1) A copy of a document provided by the
non-citizen has been submitted to USCIS for verification. Pending such
verification, the agency cannot reduce, delay, deny or terminate the
immigrant's benefits on the basis of the individual's immigration status;
or
(2) A request has been submitted
to the Social Security Administration (SSA) for information regarding the
number of quarters of work that can be credited to the individual, SSA has
responded that the individual has fewer than forty (40) quarters, and the
individual provides documentation from SSA that SSA is conducting an
investigation to determine if more quarters can be credited.
(AA) If SSA indicates that the number of
qualifying quarters that can be credited is under investigation, the agency
must certify the individual pending the results of the investigation for up to
six (6) months from the date of the original determination of insufficient
quarters; or
(BB) The non-citizen
applicant or the agency representative has submitted a request to a Federal
Agency for verification of information which bears on the non-citizen's
eligible non-citizen status. The agency representative must certify the
individual pending the results of the investigation for up to six (6) months
from the date of the original request for verification.
b. In all other situations, while
awaiting acceptable verification, the non-citizen member(s) of the household
whose status is questionable is not eligible. The non-citizen(s) with
unverified status must be considered an ineligible member(s) and the
eligibility of the remaining household members (if any) must be determined as
defined in § 1.5.6 of this Part.
(1) The
income and resources of the ineligible non-citizen must be treated in the same
manner as an ineligible individual, and must be considered available in
determining the eligibility of any remaining members.
(2) Cash payments from the ineligible
non-citizen member(s) to the household are considered income under the normal
income standards found in § 1.5.6 of this Part.
(3) If the agency representative determines
from discussions with the household that the non-citizen either does not wish
to contact USCIS, or does not give the agency representative permission to make
the contact for him/her, the household is given the option of withdrawing its
application or participating without the non-citizen member.
(AA) However, should the agency
representative subsequently receive verification of eligible non-citizen
status, the agency representative must act on the information as a reported
change in household membership in accordance with the timeliness standards set
in § 1.13.1 of this Part.
1.4.3
Drug
Addicts/Alcoholics in Treatment Programs
A. Members of eligible households, including
single-person households, who are narcotics addicts or alcoholics and who
regularly participate in a drug or alcoholic treatment and rehabilitation
program on a non-resident basis may use SNAP benefits to purchase food prepared
for them during the treatment program by a publicly operated community mental
health center or private, non-profit organization or institution authorized by
FNS as a retailer or certified by the appropriate State agency , including that
agency 's determination that the center is a non-profit organization.
1. A drug addiction or alcoholic treatment
and rehabilitation program means any drug addiction or alcoholic treatment and
rehabilitation program conducted by a publicly operated community mental health
center or private non-profit organization or institution under the Public
Health Service Act, 42 U.S.C. §
300x
et seq.
a. It also must be certified by the
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
(BHDDH) which is responsible for the state 's programs for alcoholic and drug
addicts under the licensing provisions of Title XIX of the Public Health
Service Act as providing treatment that can lead to the rehabilitation of drug
addicts or alcoholics.
2.
If an alcoholic treatment and rehabilitation program is located in an Indian
reservation and the State does not certify or license reservation-based
centers, approval to participate may be granted and the program either is
funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), or
was so funded and has subsequently been transferred to Indian Health Service
(IHS) funding.
3. In addition, the
certification of such programs wishing to redeem through wholesalers the SNAP
benefits received from or on behalf of their participants, may be authorized by
FNS as retailers and show that the treatment program meets the standards
required of treatment programs under the supervision of the Department of
BHDDH.
a. Approval to participate is
automatically withdrawn once a treatment and rehabilitation program no longer
meets the criteria which would make it eligible for funding under Part B of
Title XIX of the Public Health Service Act.
b. Resident members (and their children
living with them) of such rehabilitation program centers may also voluntarily
elect to participate in the program but must do so through an authorized
representative.
4.
Residents of treatment centers apply and are certified through the use of an
authorized representative who is an employee of and designated by the publicly
operated or private non-profit organization or institution that is
administering the treatment and rehabilitation program.
a. The organization or institution applies on
behalf of the addict or alcoholic's household and receives and spends the SNAP
allotment for food prepared by and/or served to the addict or alcoholic
together with her or his child(ren) who live with the
individual.
5.
Individuals (and their children living with them) who are residents of
addict/alcoholic treatment centers must be certified using the same provisions
that apply to all other applicant households except that certification is
completed through use of the authorized representative.
a. Prior to certifying any resident (s) for
SNAP benefits , the agency must verify that the treatment center is authorized
by FNS as a retailer if the center wishes to redeem SNAP benefits through a
wholesaler or, if not authorized by FNS as a retailer, that it is under Part B
of Title XIX of the Public Health Service Act (42 U.S.C. §
300x
et
seq.) "Under Part B of Title XIX of the Public Health Service Act" is
defined as meeting the criteria which would make it eligible to receive funds,
even if it does not actually receive funding under Part B of Title
XIX.
6. The room payments
made to a treatment center are considered shelter costs. When a treatment
center charges one (1) fee which includes both room and board, the agency
representative must obtain from the treatment center the actual room portion of
the room and board fee.
7. When
normal processing standards apply, the agency representative completes the
verification and documentation requirements prior to making an eligibility
determination for the initial application.
8. For those residents of treatment centers
who are entitled to expedited service, the agency representative must make
benefits available through the EBT card no later than seven (7) calendar days
following the filing date.
9.
Resident households have the same rights to notices of adverse action,
hearings, and entitlement to lost benefits as do all other SNAP
households.
10. Regular
participants in a drug addiction or alcoholic treatment and rehabilitation
program, either on a resident or non-resident basis, are exempt from work
registration requirements.
11. If
the information is questionable, the regular participation of an addict or
alcoholic in a treatment program must be verified through the organization or
institution operating the program before granting the exemption.
a. To be considered questionable, information
on the application must be inconsistent with statements made by the applicant ,
other information on this application or previous applications or information
known to or received by the agency representative prior to
certification.
12. Each
treatment and rehabilitation center must provide the appropriate agency
representative with a list of currently participating residents on a monthly
basis. This list must include a statement signed by a responsible center
official attesting to the validity of the list.
a. Once the household leaves the treatment
center, the center is no longer allowed to act as the household's authorized
representative.
b. The treatment
center must provide the household, if possible, with a change report form which
is used to report the household's new address and other circumstances after
leaving the center.
c. The center
must advise the household to return the form to the appropriate certification
office within ten (10) days.
d. The
treatment center must notify the agency representative of changes in the
household's income or other household circumstances. The treatment center must
also inform the agency representative when the addict or alcoholic leaves the
treatment center.
13. The
agency establishes a claim for the over issuance of food benefits on behalf of
resident clients if any over issuance is discovered during an investigation or
hearing procedure for redemption violations.
14. If FNS disqualifies an organization or
institution as an authorized retail food store, the agency suspends its
authorized representative status for the same period.
15. An agency representative should conduct
periodic random on-site visits to treatment centers to assure the accuracy of
the listings and that the certification agency 's records are consistent and up
to date.
1.4.4
Households with a Member on Strike
A. For SNAP purposes, a striker is any person
involved in a strike or concerted work stoppage by employees (including a
stoppage by reason of the expiration of a collective bargaining agreement) and
any concerted slowdown or other concerted interruption of operations by
employees.
1. Any employee affected by a
lockout, however, must not be deemed to be a striker. Further, an individual
who goes on strike and who is exempt from work registration in accordance with
as described in § 1.11.1 of this Part, the day prior to the strike (other
than those exempt solely on the grounds that they are employed) must not be
deemed to be a striker. Examples of non-strikers who are eligible for
participation in the program include, but are not limited to:
a. Employees whose workplace is closed by an
employer in order to resist demands of employees (e.g., a lockout);
b. Employees unable to work as a result of
striking employees (e.g., truck drivers who are not working because striking
newspaper pressmen prevent newspapers from being printed); and,
c. Employees who are not part of the
bargaining unit on strike but who do not want to cross a picket line due to
fear of personal injury or death.
2. A household with a striking member is
ineligible to participate in the program unless the household was eligible for
benefits on the day prior to the strike and is otherwise eligible at the time
of application. However, such a household must not receive an increased
allotment as the result of a decrease in the income of the striking member of
the household.
a. Pre-strike eligibility is
determined by considering the day prior to the strike as the day of application
and assuming the strike did not occur.
(1)
Eligibility at the time of application must be determined by comparing the
striking member's monthly income before the strike to the striking member's
current monthly income and adding the higher of the two (2) to the current
income of non-striking members during the month of application.
(2) To determine benefits (and eligibility
for a household subject to the net income eligibility standard), deductions
must be calculated for the month of application as for any other
household.
(3) Whether the
striker's pre-strike earnings are used or the individual's current earnings are
used, the earned income deduction is allowed, if appropriate.
b. Vehicles normally exempt for
equity value because they are used for commuting do not lose this exclusion
during the strike.
3. A
striker whose household is eligible to participate under the criteria in this
Section is subject to the work registration requirements in §
1.11 of this
Part, unless exempt under § 1.11.1 of this Part on the day of
application.
1.4.5
Migrant Farm Laborers
A. Since migrant farm laborers usually have
little or no income when entering an area, they may qualify for expedited
service as discussed in § 1.3.9 of this Part. Also see § 1.3.9 of
this Part for handling income for migrant farm laborers.
1. Particular attention should be paid to
real property in the home-base area. Each applicant household is permitted one
(1) home and lot as an exemption from resources.
a. As noted in § 1.5.7 of this Part,
shelter costs for the home when not occupied by the household because of
employment may be allowed under certain circumstances.
(1) To be included in the household's shelter
costs, the household must intend to return, the current occupants of the home,
if any, must not be claiming the shelter costs, and the home must not be leased
or rented. Verification requirements for those expenses are discussed in §
1.5.7 of this Part.
b.
Additionally, the eligibility technician should explore the possibility that
out-of-State real property is being rented or is producing income in some way.
If such property is producing income , such income must be added to all other
household income in determining eligibility and basis of
issuance.
2. Employable
members of migrant households who are not employed at least thirty (30) hours a
week or receiving weekly earnings equal to the Federal minimum wage multiplied
by thirty (30) hours must register for and accept suitable employment in the
same manner as other persons.
3.
When the household receives one (1) payment which includes the income of
migrant children under eighteen (18) years of age who are students, the
child's/student's income must be differentiated from the rest of the
household's income .
a. Unless income can be
identified as being earned specifically by the student, the agency
representative must pro-rate the income equally among the number of household
members working and exclude that portion allotted to the student. This
provision applies to students who are currently attending school and those who
plan to return to school after academic breaks. Individuals are considered
children for purposes of this provision if they are under the parental control
of another household member.
1.4.6
School Employee s
A. Households that derive their annual income
in a period of time shorter than one (1) year should have that income averaged
over a twelve (12) month period, provided the income is not received on an
hourly or piecework basis. This provision may include teachers and other school
employees who are under a contract which is renewable on an annual basis.
1. Such members are considered to receive
compensation for an entire year even though pre-determined non-work periods are
involved, or actual compensation is scheduled for payment during the work
periods only.
2. The annual income
household members received from contractual employment is averaged over a
twelve (12) month period to determine the member's average monthly income .
a. To determine household eligibility, all
other monthly income from other household members is added to this average
monthly income , and income exclusions and deductions are applied in the normal
manner.
b. Once eligibility has
been determined, the annualized income may be averaged or pro-rated over the
twelve (12) months before adding it to other monthly income to determine the
household's basis of issuance during the certification period.
(1) This provision does not apply to
recipients of emergency SNAP assistance , in situations where the other party to
the contract cannot or will not make payments specified in the contract or
where labor disputes interrupt the flow of earnings specified in the
contract.
(2) If, during non-work
periods, the person under contract receives weekly earnings at least equal to
the Federal minimum wage, the individual is exempt from work
registration.
1.4.7
Residents of Group Living
Arrangements
A. Disabled or blind (see
definitions in § 1.4.11 of this Part) residents of a group living
arrangement, as defined in § 1.2.12 of this Part, may voluntarily apply
for the SNAP.
1. If these residents apply
through the use of the facility's authorized representative, their eligibility
shall be determined as one (1) person households.
2. If the residents apply on their own
behalf, the household size is in accordance with the definition in §
1.2.12 of this Part.
3. The agency
certifies these residents using the same provisions that apply to all other
households.
4. Prior to certifying
any residents for SNAP benefits , the agency must verify that the group living
arrangement is authorized by FNS or is certified by the Department of BHDDH,
including that agency 's determination that the group living arrangement is a
non-profit organization.
B. Eligible residents of a group living
arrangement, acting on their own behalf, may use benefits issued to them to
purchase meals prepared especially for them at a group living arrangement if
the facility is authorized by FNS for that purpose.
1. The group living arrangement may purchase
and prepare food to be consumed by eligible residents on a group basis if
residents normally obtain their meals at a central location as part of the
group living arrangement services or if meals are prepared at a central
location for delivery to the individual residents.
2. If residents purchase and/or prepare food
for home consumption, as opposed to communal dining, the group living
arrangement must ensure that each resident 's SNAP benefits are used for meals
intended for that resident .
C. The same provisions applicable to drug and
alcoholic treatment centers in § 1.2.12 of this Part also apply when a
group living arrangements acts as an authorized representative.
1. These provisions, however, are not
applicable if a resident has applied on their own.
D. The same provisions applicable in §
1.2.12 of this Part to residents of treatment centers also apply to blind or
disabled residents of group living arrangements who receive benefits under
Title II or Title XVI of the Social Security Act, 42 U.S.C. Chapter 7, when the
facility acts as the resident 's authorized representative.
E. Any group living arrangements wishing to
redeem SNAP benefits directly through wholesalers must be authorized by FNS as
retail food stores.
1. The group living
arrangement must be certified by the Department of BHDDH under Regulations
issued under § 1616(e) of the Social Security Act, U.S.C. Title 42.
a. Approval to participate is automatically
cancelled at any time that a program loses its certification from BHDDH. In
such a situation, the household is not entitled to a notice of adverse
action.
2. Each group
living arrangement must provide the agency with a list of currently
participating residents.
a. This list must
include a statement signed by a responsible official of the facility attesting
to the validity of the list.
3. If the group living arrangement is acting
in the capacity of an authorized representative, the group living arrangement
must notify the agency of changes in the household's income or other household
circumstances and when the individual leaves the group living
arrangement.
4. If a resident , or a
group of residents, applies on her or his own behalf, and if they retain use of
the benefits , these individuals are entitled to the benefits when they leave.
a. The household is responsible for reporting
the changes in household circumstances to the agency representative.
b. The resident applying on their own behalf
is responsible for any over issuance in the same manner as any other
household.
1.4.8
Shelters for Battered Persons and
Children
A. Prior to certifying its
residents, it must be determined that the shelter for battered persons and
children meets the definition in § 1.1.12(A)(6) of this Part and the basis
for this determination must be documented.
1.
Shelters having FNS authorization to redeem at wholesalers are considered to
meet this definition and it is not required to make any further determination.
a. Each certifying office is required to
maintain a list of shelters meeting the definition to facilitate prompt
certification of eligible residents.
2. The battered person's former household may
be certified for participation in the program, and its certification may be
based on a household size that includes the battered person and child(ren) who
have just left.
a. A shelter resident who is
included in such a certified household may, nevertheless, apply for and (if
otherwise eligible) participate in the program as a separate household if such
certified household which included them is the household containing the person
who subjected them to abuse.
b.
Shelter residents who are included in such certified households may receive an
additional allotment as a separate household only once a month.
c. Shelter residents who apply as separate
households are certified solely on the basis of their income and resources and
the expenses for which they are responsible. They are certified without regard
to the income , resources and expenses of their former household.
d. Jointly-held resources are only considered
inaccessible in accordance with § 1.5.5(F) of this Part.
e. Room payments to the shelter are
considered as shelter expenses.
3. Any shelter residents eligible for
expedited service must be handled in accordance with the processing standards
set forth in § 1.3.9 of this Part.
1.4.9
Homeless SNAP Households
A. Homeless households are permitted to use
their SNAP benefits to purchase prepared meals from authorized homeless meal
providers.
1. Definitions of terms are:
a. A homeless individual is defined as an
individual who lacks a fixed and regular nighttime residence or an individual
whose primary nighttime residence is:
(1) A
supervised shelter designed to provide temporary accommodations such as an
emergency shelter;
(2) A halfway
house or similar institution which provides temporary residence for individuals
intended to be institutionalized;
(3) A temporary accommodation in the
residence of another individual for not more than ninety (90) days;
or
(4) A place not designed for, or
ordinarily used, as a regular sleeping accommodation, such as a bus station, a
lobby or similar places.
b. A homeless Meal Provider is a public or
private non-profit establishment, approved by the DHS, which feeds homeless
individuals.
(1) Examples of such
establishments are soup kitchens and temporary shelters.
2. FNS will authorize as retail
food stores those homeless meal providers who apply and qualify for
authorization to accept EBT SNAP benefits from homeless SNAP recipients.
a. Such meal providers must be public or
private non-profit organizations; must serve meals which include food purchased
by the meal provider; must be authorized by FNS as retail food stores; and must
be approved by DHS as providers of meals to homeless individuals.
b. A homeless meal provider is responsible
for obtaining approval from DHS and must provide written documentation of such
approval to FNS prior to approval of the provider's application for
authorization.
(1) If such approval is
subsequently withdrawn, FNS authorization is also withdrawn.
c. Homeless meal providers serving
meals which consist wholly of donated food are not eligible for
authorization.
1.4.10
Pre-Release Applicant s
A. A household consisting of a resident or
residents of a public institution(s) and applying for SSI under the SSA's
Pre-release Program for the Institutionalized, must be allowed to apply for
SNAP benefits at the same time prior to the release from the institution.
1. Such a household is certified in
accordance with § 1.2.9 of this Part.
1.4.11
Elderly or Disabled Household
Members
A. Elderly or disabled member
means a member of a household who:
1. Is sixty
(60) years of age or older. If a household contains a member who is fifty-nine
(59) years old on the date of application, but who will become sixty (60)
before the end of the month of application, the individual is considered an
elderly household member;
2.
Receives (or is certified to receive) SSI income benefits under the Social
Security Act, 42 U.S.C. §§
1381 through 1383d, or disability or
blindness payments under Titles I, II, X, XIV, or XVI of the Social Security
Act;
3. Receives federally or
State -administered supplemental benefits under § 1616(a) of the Social
Security Act, U.S.C. Title 42, interim assistance pending receipt of SSI,
disability-related Medicaid under Title XIX of the Social Security Act, or
disability-based GPA, provided that the eligibility to receive the benefits is
based upon the disability or blindness criteria used under Title XVI of the
Social Security Act;
5. Receives
disability retirement benefits from a governmental agency because of a
disability considered permanent under § 221(i) of the Social Security Act,
42 U.S.C. §
421;
6. Is a
veteran who has a service-connected or non-service-connected disability which
is rated total under U.S.C. Title 38; or is considered in need of regular aid
and attendance or permanently housebound under such Title;
7. Is a surviving spouse of a veteran and
considered by the VA to be in need of aid and attendance or permanently
housebound under U.S.C. Title 38; or is entitled to compensation for a
service-connected death or pension benefits for a non-service-connected death
under U.S.C. Title 38 and has a disability considered permanent under §
221(i) of the Social Security Act;
8. Is a surviving child of a veteran and is
considered permanently incapable of self-support under U.S.C. Title 38; or is
entitled to compensation for a service-connected death or pension benefits for
a non-service-connected death under U.S.C. Title 38 and has a disability
considered permanent under § 221(i) of the Social Security Act. "Entitled"
as used in this definition refers to those veterans' surviving spouses and
children who are receiving the compensation or benefits stated or have been
approved for such payments, but are not receiving them; or
9. Receives an annuity payment and is
determined to be eligible to receive Medicare by the Railroad Retirement Board
under the Railroad Retirement Act of 1974, 45 U.S.C. §
231(a) and is
determined to be disabled based upon the criteria used under Title XVI of the
Social Security Act, 42 U.S.C. Chapter 7.
1.4.12
Social Security Number (SSN)
Requirements
A. A household
participating, or applying for participation in the SNAP, is required to
provide the agency with the SSN for each household member or apply for one
before certification.
1. If an individual has
more than one (1) number, all numbers are required.
2. The agency representative must explain to
applicants and participants that refusal to provide an SSN will result in the
disqualification of the individual for whom an SSN is not obtained in
accordance with § 1.4.12(B) of this Part.
3. Ineligible immigrant (non-citizen)
household members required by § 1.2.5 of this Part to be included as a
household member, can be designated as non-applicants for the purposes of
providing a Social Security Number to the agency .
4. Non-applicant household members do not
have to provide the agency with an SSN when applying for the U.S. Citizen
children. Such members, however, must comply with all required information on
income and resources.
B.
If the agency determines that a household member has refused or failed without
good cause to provide or apply for an SSN, then the individual is ineligible to
participate in the SNAP.
1. The
disqualification applies to the individual(s) for whom the SSN is not provided
and not to the entire household.
2.
The earned or unearned income of an individual disqualified from the program
for failure to comply with this requirement must be considered as outlined in
§ 1.5.6 of this Part.
3. The
household member disqualified may become eligible upon providing the agency
with an SSN. Completion of the SS-5 is sufficient to end a disqualification due
to failure to comply with the SSN requirement.
C. In determining if good cause exists for
failure to comply with the requirement to apply for or provide the agency with
an SSN, the agency representative considers information from the household
member, the SSA, and the agency (especially if the agency either did not
process the SS-5 or did not process it in a timely manner).
1. Documentary evidence or collateral
information indicating the household member has applied for the SSN or made
every effort to supply SSA with the necessary information must be considered
good cause for not complying with this requirement.
2. Good cause does not include delays due to
illness, lack of transportation or temporary absence, because the SSA makes
provision for mail-in applications in lieu of applying in person.
3. If the household member can show good
cause why an application for an SSN has not been completed in a timely manner,
that person is allowed to participate for one (1) month in addition to the
month of application.
4. If the
household member applying for an SSN has been unable to obtain the documents
required by SSA, the agency representative should make every effort to assist
the individual in obtaining these documents.
5. Good cause for failure to apply must be
shown monthly in order for such a household member to continue to participate.
Once an application has been filed, the agency must permit the member to
continue to participate pending notification to the agency of the household
member's SSN.
D. The
agency is authorized to use Social Security Numbers in the administration of
the SNAP. To the extent determined necessary by USDA and HHS, the agency has
access to information regarding individual SNAP applicants and participants who
receive benefits under Title XVI of the Social Security Act, 42 U.S.C. §§
1381 through 1383(d):
1. To
determine such household's eligibility to receive assistance , and the amount of
assistance ;
2. To verify
information related to the benefits of these households;
3. To use the State Data Exchange (SDX) to
the maximum extent possible;
4. To
prevent duplicate participation;
5.
To facilitate mass changes in Federal benefits ;
6. To determine the accuracy and/or
reliability of information given by households; and
7. To request and exchange information on
individuals through the Income and Eligibility Verification System
(IEVS).
1.4.13
Student Eligibility Requirements
A. In order to be eligible to participate in
the Supplemental Nutrition Assistance Program, any student must meet at least
one (1) of the following criteria:
1. Under
age eighteen (18) or age fifty (50) or older;
2. Not physically or mentally fit;
3. Employed and paid for an average of twenty
(20) hours per week;
4. Receiving
RI Works;
5. Responsible for the
care of a child under age six (6);
6. Enrolled full-time in an institution of
higher education and is a single parent with responsibility for the care of a
dependent child under age twelve (12) (regardless of the availability of child
care);
7. Responsible for the care
of a dependent child above the age of five (5) and under the age of twelve (12)
for whom adequate child care is not available to enable the individual to
attend class and work an average of twenty (20) hours per week or participate
in a State or federally financed work study program;
8. Participating in a State or federally
funded work study program (funded under Part C of Title IV of the Higher
Education Act of 1965) during the regular school year;
a. To qualify under this provision, the
student must be approved for work study at the time of application for SNAP,
the work study must be approved for the school term, and the student must
anticipate actually working during that time. The exemption shall begin with
the month in which the school term begins, or the month work study is approved,
whichever is later. Once begun, the exemption shall continue until the end of
the month in which the school term ends, or it becomes known that the student
has refused an assignment.
b. The
exemption shall not continue between terms when there is a break of a full
month or longer unless the student is participating in work study during the
break.
9. Participating
in one (1) of the following programs whether assigned to, placed in, or
voluntarily enrolled.
a. The Workforce
Innovation and Opportunity Act (WIOA) program (Pub. Law 113-128);
b. An employment or training program subject
to the condition that the course or program of study is:
(1) Part of a program of career and technical
education as defined in §
3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (as amended through Pub. Law 115-224), designed to be
completed in not more than four (4) years at an institution of higher education
as defined in § 102 of the Higher Education Act (HEA) of 1965 (Pub. Law
910-315); or
(2) Limited to
remedial courses, adult basic education, literacy, or English as a second (2nd)
language;
c. A program
under § 236 of the Trade Act of 1974 (Pub. Law 93-618); or
d. A State or local government employment and
training program where one (1) or more of the components of such program is at
least equivalent to an acceptable SNAP employment and training program
component as specified in 7 C.F.R. §
273.7(e)(1).
(1) Using the criteria in 7 C.F.R. §
273.7(e)(1), State agencies shall make the determination as to whether or not
the programs qualify.
Notes
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