SNAP/Food Stamps 101 Basics

1. SNAP/Food Stamps 101 Basics Patricia Baker, Mass. Law Reform Institute Laura Gal, Community Legal Aid February 2013

2. What are Food Stamp/SNAP benefits? Name changed to “Supplemental Nutrition Assistance Program” in 2008 100% federally funded entitlement program – no wait list Electronic benefits

3. SNAP Caseload in MA MA is 10th in the nation on SNAP participation for 2010. January 2013: 880K participants in 450K households (45% include elder/disabled member) $1.3 B/year in federal SNAP dollars to MA But - over 900 cases/SNAP worker

4. GOALS for Part I: Household Eligibility Understand the “household” (HH) concept Maximize options for separate HH status Identify ineligible and disqualified HHs and HH members

5. Program Terms “Household” (HH) Those persons living together who are included in a single SNAP grant “Household”(SNAP) ≠ “Assistance Unit”(TAFDC) “Purchase and Prepare” (P&P) rule Buy and cook “a majority” of meals separate (e.g more than half of 21 meals/week)

6. Who in My HouseIs in My “Household”? “Household” (HH) is determined by the: Age Relationship Disability Setting “Purchase and Prepare” habits … of the people living together

7. NO Separate HH status The following must be in the same SNAP HH (even if a possible “path” exists): Spouses living together Children < age 22 living w/ parent Unrelated children < age 18 where adult provides supervision or financial support

8. “Purchase and Prepare”Path to Separate HH status Some persons who live with others, but P&P most food separately can be a separate household: Unrelated adults Adult siblings Children age 22+ and their parents

9. Residential Program Path to Separate Household Even if a person does not “p&p” food separately, residence in the following allows for a separate HH status: Homeless shelters Domestic violence shelters Certified Group homes Senior congregate living programs

10. Disabled/Elder Paths to Separate Household Status Persons with disabilities (regardless of age) who get help with purchase & preparation, but eat separate meals Person both disabled & elder (60+) who purchase and prepare and share meals with others, if gross income of caregivers they live with is below 165% FPL

11. Foster Care Pathsto Separate Household Status HH has option to include or exclude foster child or disabled foster adult If excluded, none of foster payments or other income of foster child/adult counts BUT Foster child/adult cannot get own SNAP separately

12. Questions? Questions about the Household Rule and its exceptions?

13. GOALS for Part II: College Students and Immigrant Households Understand which college students qualify and conditions for benefits Understand which immigrants qualify and benefits for “mixed” households

14. College Student Rule: Affect students ages 18 to 50 Enrolled half-time or more in post-secondary education (e.g. college) Must meet one of 7 “exemptions” to qualify for SNAP

15. Students Exemptions to Qualify Work study (any number of hours) Working at least 20 hours/week Caring for a child under age 12 Getting TAFDC Disabled Participating in an E&T program OR In a community college program (certificate or degree) that is career based or will enhance employability

16. Students (continued) Qualified students living on own/with others may qualify for separate SNAP HH* Qualified students living at home under 22 years, added to parent’s SNAP HH Most federal education money and work study not count; non-fed educational monies used for living expenses count * Purchase and prepare rule

17. Questions? Questions about college student eligibility? 17

18. Key Qs for Immigrant HHs 1. What is current immigration status ? 2. Date of “entry” in this status? 3. Any prior immigration status before? (such as prior refugee or asylee before LPR status) 4. Any work history of self, spouse, parent done in US? May be useful for LPR adult facing five year wait.

19. SNAP “Qualified” Immigrants Immigrants in “Refugee” group Asylees Cuban/Haitian Entrants Amerasians Refugees Deportation Withheld, and Victims of Trafficking Iraqi/Afghan SIV holders Border Native Americans, veterans and dependents, Hmong Tribe Members

20. “Qualified” Immigrants (continued) Legal Permanent Residents, Parolees, & Battered Immigrants eligible if – Under age 18 – no 5-year wait, 40Q of work history(work done by self, done by parents before LPR turns 18 yrs, or spouse if married), Receiving disability-based benefit, or Five years in qualified status

21. “Qualified” battered immigrants Battered immigrant who is no longer living with batterer qualifies if s/he has An approved/or pending family visa petition, An approved/pending VAWA self-petitionor Is under cancellation of removal/ suspension of deportation. NO five year wait for LPR or child of battered immigrant February 2012, MLRI

22. Benefits for “mixed households” – 2 calcs Calc #1: LPRs under 5-year bar, legally present under color of law): Exclude immigrant, do a favorable calculation of income to maximize FS to rest of household. Calc #2: Undocumented or “undetermined” status: Exclude immigrant in household, do a less favorable “sanction” calc of immigrant’s income.

23. Key Points for Immigrant HHs Non-citizen can opt out of application But must verify income and assets NO reporting of undocumented to DHS Only if shows DTA a final order of deportation NO “public charge” if receipt of FS/SNAP NO “sponsor deeming” for most HHs Special mixed household calculations Better calc for lawfully present immigrants who are ineligible

24. Questions? Questions about immigrant eligibility for benefits?

25. Part III: Income Rules and Benefits Calculations – Goals Understand “logic” behind the FS/SNAP calculation Understand countable and non-countable income Do calcs to get approximate FS/SNAP benefit amount for clients

26. THREE steps to calc benefits Determine HH size and gross income – does HH pass gross income test? Determine HH net income – which deductions are allowed and what income remains? Estimate benefit amount for HH ** NO ASSET TEST for most HHs **

27. Non-countable income examples Fed educational aid, and most state aid Non-education loans Child support paid (not count as gross income) AmeriCorps, VISTA, other stipends Tax refunds, Earned Income Credit Income from high school students < 18 Certain 3rd party payments and non-cash gifts February 2012, MLRI

28. Figuring Monthly Income Multiply weekly income by 4.333 (not 4 !) Average self-employment income Look at “anticipated” income over certification period, not income from terminated sources

29. Gross Income Tests 200% Fed Poverty Level HH with child under 19 or pregnant woman HH with elder (60+) or disabledperson** 130% Fed Poverty Level Individual age 18 – 60, no kids or disability Sanctioned household (work sanction, fraud) and must have < $2,000 assets ** If elder/disabled with income over 200% FPL - must have less than $3,250 assets

30. Calculate Net Income - Overview SIX possible deductions to get “net” income A. 20% earnings disregard B. Standard deduction C. Child support paid out D. Child or adult dependent care E. Medical deduction (if elder/disabled) F. Shelter deduction or homeless deduction

31. A: Subtract 20% earnings deduction Subtract 20% deduction off of gross monthly earned income (wages or salary) For self-employed HH - take 20% deduction off pre-tax gross income – after business expenses but before FICA and income taxes

32. B: Subtract standard deduction Subtract flat amount – ALL HH deduction, based on HH size $149 (HH of 1-3 persons) $160 (HH of 4) $187 (HH of 5) $214 (HH of 6 or more)

33. C: Subtract Child Support Paid Legally obligated child support that is paid by HH member is treated as follows: Excluded income from “gross income test” Added to gross income to get a higher 20% earnings deduction Subtracted as an income deduction

34. D.Subtract Dependent Care Subtract FULL amount of child care or disabled adult care costs – If needed for HH member to work, attend school or looking for work Includes costs of summer camps, after-school programs, private transport mileage

35. E.Subtract medical deduction For elderly (age 60+) or disabled HH member, subtract medical expenses* that EXCEED $35/month Use “standard medical deduction”- $90/mo ORactual expenses if higher than $125/mo (higher than $35 threshold plus $90 standard deduction) * Wide range of medical/health expenses including transport, OTC drugs and supplies, etc.

36. F. Subtract shelter expenses If HH is homeless – subtract homeless deduction of $143 from remaining income If HH has shelter costs – $469 cap on shelter deduction, or NO cap if elder/disabled HH member

37. What counts as shelter costs? Monthly rentor Homeownership costs – mortgage, interest, insurance, taxes, repairs PLUS A “Standard Utility Allowance” or SUA $ 586 – heating, cooling or fuel assistance $ 360 – electricity/cooking gas (if no AC costs) $ 41 – phone only

38. 4 Steps to Get Shelter Deduction #1 Calculate 50% net income before shelter costs #2 Find total shelter costs – rent or home ownership costs plus standard utility allowance #3 Subtract shelter costs from 50% net income #4Cap amount at $469/month; but NO cap if elder/disabled member in HH February 2012, MLRI

39. Estimate monthly FS/SNAP Calculate 30% of final HH net income Find maximum FS/SNAP benefit on chart - amount based on HH size Subtract from max FS/SNAP benefit 30% of the HH net income This is the monthly FS/SNAP benefit!

40. Review of Net Income Calcs NET INCOME is gross income minus A. 20% earnings disregard B. Standard deduction C. Child support deduction D. Dependent care deduction E. Medical expenses deduction (if elder/disabled) F. Shelter costs above 50% of net after (A) – (E) deductions

41. The “minimum benefit” amount 1 and 2 person HHs below 200% FPL get “minimum FS/SNAP benefit” of $16.00/month (categorically eligible HHS) 3 or more person HHs below 200% FPL put in “suspended” status, can get on faster if change in income or expenses February 2012, MLRI 41

42. Helpful Calculators Project Bread: www.gettingfoodstamps.org Legal services: www.masslegalservices.org/FScalculator Work sheet (pencil or hand calculator!)

43. Questions? Questions about the income rules and calculations?

44. GOALS for Part IV: Applications The eligibility process – Application rights Verifications options Interview process Time frame for getting benefits Challenging denied applications

45. Basic Application Rights Apply in person at local DTA Send an application by mail, by fax or Virtual Gateway Apply at SSA District Offices Get EBT card right away

46. Application rights(continued) Designate an authorized representative to help with applying and/or receive the EBT card Have your TAFDC or EAEDC applications treated as FS application Get expedited benefits if eligible

47. Application Interview Phone interview scheduled unlessin- person requested or information on file questionable In-person interview cannot be required if person is limited English (LEP) or need communication assistance.

48. Verification Requirements Mandatory verifications for eligibility Identity and Residence Earned or Unearned Income Legal immigrant status (if not US citizen) Information/verifications for deductions Rent/mortgage and utility expenses – self-declare Child care – self-declare Child support legally owed and paid Medical expenses (elder/disabled) > $35/mo

49. Verification Rights Be notified of required and alternate verifications Get worker assistance to get documents including third-party “collateral contact” Fax or mail in copies of verifications If missing proofs provided… Get case re-opened within 30 days of denial Appeal within 90 days to get case reopened

50. Receiving Expedited Benefits Eligible expedited households if shelter costs > gross income and assets if migrant household, assets < $100 if gross income < $150, assets < $100 EBT benefits provided within 7 days of “screening” for expedited Identity – only verification required FS/SNAP benefits issued for one month