An Eligibility Prescreening GuideOctober 2019 edition

Acknowledgments

Hunger Solutions New York greatly appreciates the support of many private foundations, public agencies, and individuals who support our work. The preparation, publication, and distribution of this guide was made possible by funding from the New York State Office of Temporary and Disability Assistance and the United States Department of Agriculture/Food and Nutrition Service, with additional funding provided by our the Food Research & Action Center, the Walmart Foundation, and individual donors throughout the state.

This institution is an equal opportunity provider.

About Hunger Solutions New York, Inc.

Hunger Solutions New York is a statewide non-profit organization dedicated to alleviating hunger. Formed in 1985, Hunger Solutions New York is a caring and informed voice for hungry New Yorkers. We promote:

• Awareness of hunger in your community

• Awareness about programs that address chronic and crisis hunger

• Full participation in nutrition assistance programs for all who are eligible

• Public policies that contribute to ending hunger

• Public awareness of the economic and social benefit of nutrition assistance programs

These efforts improve the health and well-being of New Yorkers while boosting local economies throughout the state. For more information about Hunger Solutions New York or to sign up for our electronic mailing list, please visit HungerSolutionsNY.org.

SupplementalNutritionAssistanceProgramin New York State

An Eligibility Prescreening GuideOctober 2019 edition

For questions or comments related to this guide, please call 518-436-8757.

14 Computer Drive East • Albany, NY 12205 • 518-436-8757 • HungerSolutionsNY.org

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Contents

List of Appendices 9

Introduction 11About the Supplemental Nutrition Assistance Program (SNAP) 11

The Application Process 12The Application Form 12

Application in Alternative Format for Visually Impaired 13

NYS “myBenefits” Screening Tool and “myBenefits” Online SNAP Application 13

Accessing the Application 14

Filing the Application 15

Applying for SNAP When Not Applying for Cash Assistance Benefits 16

Timeliness 16

SNAP Expedited Service 17

The SNAP Interview 20Phone Interviews 20

Authorized Representatives 21

Notice of Missed Interview Rules at Application 21

Verification & Documentation 22Collateral Contacts 23

Computer Matches for Verification 23

Necessary Verification 24

Verification of Questionable Information 26

Front End Detection Systems 26

Social Security Numbers 27

Households With Undocumented Non-Citizens 27

People Who Do Not Speak English 28

Accommodating Persons With Disabilities 28

Notification of Acceptance or Denial 29

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Status-Based Limitations 30Students 30

Strikers 32

Non-Citizen Eligibility 32

Fleeing Felons and Probation Violators 35

Employment & Training 36Voluntary Quit 37

Work Sanctions, Intentional Program Violations 37

Time Limits for Able-Bodied Adults (ABAWDs) 38Waivers for Counties and Jurisdictions 38

Exemptions from the Time Limit Rule 38

Maintaining Eligibility for Those Who Must Meet ABAWD Work Requirements 39

ABAWD Exclusions (Individual Exclusions or 15% Exemptions) 40

Re-establishing SNAP Eligibility for ABAWDs 41

Household Composition 42Special Rules for Other Populations 42

Special Rules for People Who Are Severely Disabled and Living With Others 43

Expanded Categorical Eligibility/Resources 45Households with Dependent Care Costs 46

Households that are Not Categorically Eligible 46

Calculating a Budget 48Overview of Budgeting 48

Household Information 49

Using the SNAP Budget Worksheet 49

Budget Worksheet 52Income 52

Deductions 53

Shelter Expenses 55

Excess Shelter Deduction 57

Calculating the Excess Shelter Deduction 57

Calculating the SNAP Benefit Allotment 57

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Advanced Budgeting 59Income of Ineligible Household Members 59

Budgeting for Non-Citizens 59

Budgeting Shelter Costs for Homeless People 60

Budgeting Rules for Other Groups 61

Self-Employment Income 61

Military Families 64

Keeping and Using Benefits 65Eligible Food Items 66

SNAP Monthly Benefits Issuance Schedule 66

Recertification and Reporting Requirements 67

Telephone Recertification 67

Changes Between Certification Periods 68

Case Reactivation Waiver 69

Replacement SNAP Benefits in a Misfortune 70

Disaster SNAP 71

Transitional Benefits 71

New York State Nutrition Improvement Project – NYSNIP 72

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List of Appendices

A: Common AcronymsB: Organizational Chart of SNAPC: Instructions for Ordering SNAP Applications & OTDA Order Form 876 ELD: SNAP Application Form (LDSS-4826) & “How to Complete” Booklet (LDSS-4826A)E: SNAP Application Expedited Processing Summary Sheet (LDSS-3938)F: Documentation Requirements Checklist (LDSS-2642) G: TA/SNAP Documentation/Verification Desk Guide (LDSS-3666) H: Non-Citizen Eligibility Chart (LDSS-4579)I: SNAP Employment and Training Desk GuideJ: ABAWD Time Limit Desk Guide and Medical Statement FormK: Categorical Eligibility Desk GuideL: Budget WorksheetM: Checklist for Student EligibilityN: Household Composition Desk Guide (LDSS 4314) O: Authorized Representative Request Form (LDSS 4942) P: Request for Replacement SNAP (LDSS 2291)Q: Change Report Form (LDSS 3151)

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Introduction

This Supplemental Nutrition Assistance Program (SNAP) prescreening guide is designed for human service agencies, advocates, and volunteers working with low-income households who wish to:

1. Determine which households may qualify for SNAP benefits as well as theirestimated SNAP benefit allotment;

2. Assist potentially eligible households through the SNAP application process; and

3. Assist current SNAP participants in the recertification process.

This guide only briefly addresses SNAP work rules. The New York State Temporary Assistance and SNAP Employment Policy Manual provides a comprehensive explanation of SNAP’s employment and training requirements. It focuses on the application process and establishing eligibility.

Hunger Solutions New York encourages advocates to try to resolve problems encountered when assisting someone in the SNAP application or recertification process by communicating with local SNAP offices.

About the Supplemental Nutrition Assistance Program (SNAP)12-ADM-07; Appendix B

Governor Cuomo signed into law a bill to change the name of New York State’s FoodStamp Program to the national name of “Supplemental Nutrition Assistance Program”(SNAP) in June of 2012. SNAP is a state-administered federal nutrition assistance program.Federal law governs the criteria for eligibility and levels of benefits. Each state is responsiblefor determining and documenting eligibility, issuing benefits, and maintaining records.

The United States Department of Agriculture (USDA) administers the program at the nationallevel. In New York State, the Office of Temporary and Disability Assistance (OTDA) overseesthe local administration of SNAP. Most administrative functions are delegated to countiesthrough local departments of social services (LDSS). In New York City, the Human ResourcesAdministration (HRA) administers SNAP (Appendix B: Organizational Chart). Please note thatthroughout this guide, LDSS is also referred to as the “local office” and “SNAP office,” asapplicants and offices use these terms interchangeably.

New York State policy is explained in detail in the Supplemental Nutrition Assistance ProgramSourcebook (SNAPSB). The sourcebook includes New York State’s instructions to the localdistricts on the administration of SNAP. The sourcebook is essential to anyone working withSNAP in New York State.

Throughout this guide, various subheadings will refer back to the specific section of the SNAPSB.Included in these sub-headings are links to specific SNAP policy memorandums released byOTDA. These and all other policy changes issued through administrative directives (ADMs),informational letters (INFs), local commissioner memoranda (LCMs), and General InformationMessages (GIS) can be found at OTDA’s website.

Please note that this guide is updated annually to reflect the October 1 SNAP standards/deductions/adjustments, as well as policy changes that occurred throughout the year. Thisversion of the guide is valid from October 1, 2019 through September 30, 2020, but does notinclude any policy changes instituted after September 2019. We provide updates on SNAPpolicy changes and clarifications throughout the year at HungerSolutionsNY.org.

https://otda.ny.gov/policy/directives/2012/ADM/12-ADM-07.pdfhttp://otda.ny.gov/programs/snap/SNAPSB.pdfhttp://otda.ny.gov/programs/snap/SNAPSB.pdfhttp://otda.ny.gov/

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The Application ProcessSNAPSB Section 3 & 4; 10-INF-22

The application process begins with getting an application, filling it out, and submitting (filing) the application to the local department of social services office (LDSS) or the Human Resources Administration (HRA) in New York City. The applicant must then:

• Be interviewed

• Provide information about the circumstances of those applying, and

• Provide verification of the criteria necessary to determine eligibility.

The application process is paperwork intensive and can be complicated, but getting SNAP benefits can make the difference between going hungry and having food on the table.

The Application Form SNAPSB Section 3: pg. 6, Section 4: pg. 17; 03-ADM-03; 10-INF-22; 12-INF-12; 16-ADM-08; Appendix C and D

Applicants apply for SNAP by filing an application form. Anyone can get an application form online or by contacting any SNAP office. If an individual goes to the SNAP office and asks for an application, the office must give them one.

If a person asks a SNAP office to mail an application form, the office must mail it that same day. Many human service agencies keep SNAP applications on hand.

New York State has two application forms:

• 6-page simplified SNAP application—a SNAP-onlyapplication (Appendix D)

• 16-page common application form—also known as the joint application—used byanyone who wishes to apply for multiple assistance programs

Households applying for multiple assistance programs (Temporary Assistance (TANF), SNAP, Medicaid, and/or child care assistance) should utilize the joint application form. Anyone applying for TANF is also considered to be a SNAP applicant, even though eligibility guidelines and definitions of household composition vary. There are boxes on the form where the applicant can check off the programs for which they want to apply. If the applicant is found eligible for SNAP but not TANF, the SNAP application should be accepted and opened as a SNAP-only case. In most districts, the case will be transferred to a “NPA (non-public assistance)” SNAP unit or office.

Anyone has a right to submit an application to any SNAP office in NYS, and that office must forward the application to the correct SNAP office based on the applicant’s county of residence. However, this is not always a smooth process. Therefore, it is best to be clear about a county’s SNAP application procedures and direct applicants to the SNAP office in their county of residence. For a listing of all local county departments of social services in NYS, go to otda.ny.gov/workingfamilies/dss.asp or call the toll-free hotline at 1-800-342-3009.

ORDERING SNAP APPLICATION FORMS

See Appendix C for simple instructions and an order form to order SNAP applications and other brochures from OTDA.

https://otda.ny.gov/policy/directives/2003/ADM/03_ADM-03.pdfhttps://otda.ny.gov/policy/directives/2010/INF/10-INF-22.pdfhttps://otda.ny.gov/policy/directives/2012/INF/12-INF-12.pdfhttps://otda.ny.gov/policy/directives/2016/ADM/16-ADM-08.pdfhttp://otda.ny.gov/programs/applications/4826.pdfhttp://otda.ny.gov/programs/applications/2921.pdfhttps://otda.ny.gov/policy/directives/2010/INF/10-INF-22.pdf

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Application in Alternative Format for Visually Impaired16-ADM-08

In an effort to provide equal access to all SNAP applicants and recipients, SNAP offices mustprovide the SNAP application in alternative formats when requested. This is to better assistpeople with visual impairments.The primary alternative formats are:

• Audio Disc—an audio transcription of the form,

• Data Disc—a screen-reader-accessible form, and

• Large Print—18-point font.

In addition, braille format is available upon request to any recipient or applicant for whom the primary alternative formats are not effective.

The following alternative format applications cannot be submitted as an application for SNAP benefits, due to NYS Social Services law. They are for informational purposes only. Individuals using any of these must complete and submit their SNAP application using a non-alternative format application:

• Audio Disc

• Large Print

• Braille

Data Disc format SNAP applications are available in a “fillable” format that can be submitted to apply for SNAP benefits. For it to be an acceptable written application, the individual must complete it, print it, and sign it. SNAP offices must accept this as a written, non-alternative format application for SNAP benefits. “Fillable” format applications cannot be submitted or signed electronically.

SNAP offices cannot decide that a SNAP applicant should receive an alternate format application; all requests for alternative format applications must come directly from the individual, either verbally or in writing, and must be documented in the case record. SNAP offices must provide alternative format applications upon request without requiring medical documentation, and cannot deny a request for them. SNAP offices must make both the alternative and non-alternative application available to consumers requesting an alternative format version.

The SNAP office also must provide reasonable accommodations to assist the individual when requested. For example, a SNAP office may allow the information to be provided orally to a SNAP office employee or designee, who then puts the information into the non-alternative application format.

NYS “myBenefits” Screening Tool and “myBenefits” Online SNAP Application

“myBenefits” is an online tool available to all NYS residents to help them connect with benefits, services, and work supports. myBenefits is a single portal of NYS programs and benefits. It allows individuals and families to learn about and apply for an array of programs customized to fit their unique circumstances.

https://otda.ny.gov/policy/directives/2016/ADM/16-ADM-08.pdf

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Applicants follow basic instructions to answer a simple set of online questions. Applicant information will stay private and secure. To use myBenefits, go to mybenefits.ny.gov.

Currently, myBenefits covers the following benefit programs:

• Child and Dependent Care Tax Credit

• Earned Income Tax Credit

• Health insurance programs forindividuals, families, and children

• Healthy New York

• HEAP

• Medicaid

• Noncustodial Parent Tax Credit

• Nutrition Education

• School Meals

• SNAP

• Summer Food Service Program

• Temporary Assistance

• Veteran Affairs

• Weatherization AssistanceProgram (WAP)

• Wide variety of servicesfor older New Yorkers

• WIC

• Programs continue to be added

Nutrition Outreach and Education Program (NOEP) Coordinators provide an in-depth SNAP prescreening and help potentially eligible families through the SNAP application process. For local NOEP contact information, please visit FoodHelpNY.org.

Accessing the Application10-INF-22

When distributing or accepting an application for SNAP, the SNAP/HRA office must follow

federal and state regulations as listed below:

A. All people must be allowed to receive an application and/or apply for SNAP benefitsat any time during the regular business hours of the local office.

B. SNAP offices must NOT establish any of the following:

• Periodic daily quotas on application submissions;

• Limits on application pickup or submission times during normal office business hours;

• Limits on daily submissions based on the number of available interview slots; or

• Zip code or alphabetic restrictions that limit when a person may request or submit anapplication during a local district’s business hours.

C. A household’s right to apply and be interviewed for SNAP must not be deniedor limited due to:

• National origin;

• Citizenship status of any member of the household; or

• Any other reason.

https://www.mybenefits.ny.gov/mybenefits/beginhttps://otda.ny.gov/policy/directives/2010/INF/10-INF-22.pdf

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Filing the ApplicationSNAPSB Section 4: pg. 3, 9, 19, 27; 13-INF-05, 18-INF-13

Applicants should turn in a completed application form right away. The form does not have to be completely filled out to be turned in, but it is best to provide as much information as possible when submitting a SNAP application. To be submitted and accepted as an “identifiable application” the application must include, at a minimum, the appli-cant’s name, address, signatures, and the date.

Applications can be turned in:

• online,

• on a mobile application,

• by a third party (friend, relative,or community agency representative)

• in person,

• by mail, or

• by fax.

Some SNAP offices may have trouble with mailed/faxed applications, either because they do not understand that they must accept applications by mail/fax or simply due to logistical problems. Mediating on behalf of SNAP applicants with those SNAP offices that will not accept applications by mail/fax may result in better access for future SNAP applicants in that county.

HRA in NYC has a Mail-In Application and Referral Unit (MARU). MARU allows households citywide to request a SNAP application package by mail by calling the city’s 311 information line. MARU applications can then be returned by mail to the HRA MARU Center by using MARU Business Reply Envelopes (form #W90A). Community-based organizations assisting households with SNAP applications can also use MARU Business Reply Envelopes (form #W90A). NYC HRA implemented a fax system for their new Mail-In Application and Referral Unit (MARU).

Applicants do not have to wait for a caseworker to see them before they turn in their applications at their county SNAP office. They can drop off (file) the application and have their interview by phone at a later date. Applicants will have to provide more information during the interview. (See page 20 for more information on interviews.)

All SNAP offices must post the LDSS-4995 “Right to File” poster in their reception areas. This poster provides information concerning the rights of individuals to file a SNAP application.

FILING DATE

The date the application is turned in is called the filing date. The filing date is important because, if approved, SNAP benefits are issued based on the filing date, not the date the application is approved.

HOUSEHOLDS WITH SSI BENEFITS

If everyone in a household is applying for or receiving Supplemental Security Income (SSI) benefits, which are administered by the Social Security Administration (SSA), the household can file their SNAP application at SSA. An SSA representative will forward the SNAP application to the proper SNAP office for processing. Single SSI live-alone recipients are now automatically enrolled in SNAP through a special project called the New York State Nutrition Improvement Project (NYSNIP); see pages 72-74 for more information.

https://otda.ny.gov/policy/directives/2013/INF/13-INF-05.pdfhttp://otda.ny.gov/policy/directives/2018/INF/18-INF-13.pdf

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Applying for SNAP When Not Applying for Cash Assistance BenefitsSNAPSB Section 4: pg. 3, 12

If a SNAP applicant submits a joint application for TANF and SNAP and is determined not eligible for TANF, the LDSS must continue to process their SNAP eligibility based on the original joint application. The applicant cannot be made to submit a new application.

This should not cause any delay in processing the SNAP application.

Timeliness14-INF-16; SNAPSB Section 3: pg. 4; Section 4: pg. 9, 20-23

Once the SNAP office receives an application, it has no more than 30 days to act on theapplication and issue SNAP benefits if the household is eligible. The SNAP office must makea timely decision on the SNAP application.

Delays are usually the result of problems with obtaining documentation, although they aresometimes caused by administrative or workload issues within the SNAP office.

SNAP offices must give applicants at least 10 days to submit all the necessary documentation.If the applicant is having difficulty securing the required documents, the SNAP office mustassist them in obtaining the verification.

If the SNAP office does not make a decision on an application within the normal 30 days,we recommend contacting a SNAP supervisor or manager to discuss the situation.

TIMELINESS: PROMPT ACTION TIME FRAMES

ACTION TIME FRAME

Providing application forms to households Same day the request is received

Accepting an identifiable application Same day as received

Expedited service screening Same day that an application is received

Application interview

As soon as possible after receipt of an application. Households eligible for expedited service should be interviewed within five days of their application date.

Application processing/eligibility determination and issuance of benefits

As soon as possible and always within 30 days of application

https://otda.ny.gov/policy/directives/2014/INF/14-INF-16.pdf

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Delays Caused By the Applicant(s)

If the applicant does not turn in the required documents within the time period allotted by the SNAP office and does not have a good reason, the SNAP application can be denied.

Applicants who submit any missing documents within the initial 30-day application period, and who are otherwise found eligible for SNAP, must have their case opened and be provided SNAP benefits back to the application date. No new application is required.

Similarly, if the applicant submits the missing documents after the initial 30-day period, but within 60 days of the application date, the SNAP office must open the case, but benefits will not be provided back to the date of application; instead the case will be opened as of the month following the application month (the second 30-day period).

Applicants wishing to submit any missing documents later than 60 days after their initial application date must file a new SNAP application.

Delays Caused By the SNAP Office

If the applicant has submitted all of their documents and is eligible for SNAP, but the SNAP office hasn’t provided the applicant with SNAP benefits within the allotted 30 days, then the SNAP office must provide SNAP benefits back to the day the application was first handed in. This is true even if the LDSS does not decide on the application until more than 60 days after it was submitted.

When a household submits a SNAP application that has not been processed within the 30-day period and the SNAP office caused the delay, the household will receive a notice that the SNAP application is “pending.” This is an effort to keep the applicant informed; however the appli-cation will be completed in as timely a manner as possible and SNAP benefits will be provided back to the day the application was submitted. SNAP application processing time is mandated by federal regulations and should be adhered to by SNAP offices.

SNAP Expedited Service05-ADM-13; 12-INF-06; GIS 16 TA/DC011; SNAPSB Section 4: pg. 24-25; Section 5: pg. 128, 133-136; Section 15: pg. 316-317; Section 20: pg. 381; Appendix E

People with very low income and few resources may qualify for “expedited service” under the federal rules and regulations for the program. Everyone who applies for SNAP must be screened for eligibility for expedited service on the day they apply. New York has a standard screening form for this (LDSS- 3938). Some SNAP offices may not always screen for expedited service when they should. Therefore, SNAP applicants should always ask to be screened for expedited service.

People eligible for expedited service will get their SNAP benefits within five calendar days of the day they handed in their application. Many districts, including HRA, have a practice of making benefits available on the day of application.

Expedited SNAP benefits are not administered as a separate program. For those meeting the expedited criteria, these benefits are a right. This service is provided while the ongoing SNAP application is being processed. An applicant is still eligible to apply for and receive expedited service even if they have an authorized representative, such as a friend or relative, apply for them. They may also have a phone interview or an interview in their home if they are unable to get to the LDSS office.

https://otda.ny.gov/policy/directives/2005/ADM/05-ADM-13.pdfhttps://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdfhttps://otda.ny.gov/policy/gis/2016/16DC011.pdf

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Eligibility for expedited SNAP benefitsA household is eligible for expedited service if:

• Their liquid resources (cash or readily available savings or onlinecrowdfunding accounts*) do not exceed $100 and they have receivedless than $150 in gross income during the calendar month in which theyare applying for SNAP; or

• The household’s shelter costs for the month—rent or mortgage, plusutility expenses (the Standard Utility Allowance—SUA)—are greater thanthe combination of the household’s liquid resources and gross income forthe calendar month in which they are applying; or

• They are a migrant or seasonal farmworker household that has liquidresources of $100 or less and meet SNAP requirements for being destitute.

After determining that a household meets any one of the above three conditions, the SNAP office must interview the household and obtain proof of the applicant’s identity so that expedited benefits can be issued. No other verification is required for expedited SNAP purposes. Identity can be verified through:

• a driver’s license or

• a voter registration card or

• any other document that proves the applicant’s identity.

If the applicant does not have any ID, the SNAP office must try to call someone (such as a friend, relative, or a worker at a shelter or other agency) to verify their identity. The SNAP office should attempt to obtain as much verification as possible during the interview. Expedited processing should not be delayed due to a lack of verification (other than identity) if it is likely that the other verification cannot be obtained within the five-day time frame. The SNAP office should use the information submitted on the application for expedited budgeting purposes even if this information has not been verified. If no verification of identity is possible, then benefits cannot be issued.

If the applicant qualifies for expedited service, they must get their SNAP benefits within five calendar days. For example, if a person applies on a Monday and qualifies for expedited service, the SNAP office must provide SNAP benefits by the following Saturday. Even if the office is closed on Saturday, it must get the EBT (Electronic Benefits Transfer) card to the family and have the benefits authorized by Saturday.

*This is true even if the funds in the online account are used only to pay a deductible expense likemedical bills or shelter costs. In such a case, the SNAP office would deduct the allowable expenseas part of the regular SNAP budget process.

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The SNAP office must also assess whether the applicant has ever received expedited SNAP benefits in the past. Families who received expedited SNAP benefits the last time they applied but were not certified for ongoing benefits (because they didn’t follow through with the verification process) have to meet certain additional criteria the next time they apply in order to receive expedited SNAP benefits. In order to be processed for expedited benefits, these applicants must submit either:

• the missing verification from their last application or

• all verification required with their new application*

Once the applicant has submitted all the necessary documents and is found eligible, the SNAP office must provide SNAP benefits within the expedited time frame (five days). The SNAP office must give the household at least 10 days to gather paperwork for ongoing benefits.

*Technically, these households are not eligible for expedited SNAP benefits under federal rules. However, if they submit all their current verification, New York State’s policy, as outlined in 05 ADM-13, directs local districts to issue ongoing SNAP benefits using the expedited time frame of five days, rather than making the household wait up to 30 days.

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The SNAP InterviewGIS 06 TA/DC 010; GIS 08 TA/DC018; SNAPSB Section 4: pg. 5, 11; Appendix O

All SNAP applicants must be interviewed either in person or over the phone. Applicants can be interviewed at the time of application submission or a later date. Applicants are always able to have an in-person interview when requested and they can bring anyone they want with them, including legal representation.

Applicants are scheduled for an interview as quickly as possible. Applicants eligible for expedited processing must be interviewed within five days of submitting the application.

The SNAP worker will cover the following in the interview:

• review application,

• clarify any incomplete or confusing information,

• ask additional questions as needed, and

• provide a list of any missing documentation and give the applicant at least10 days to turn in the needed information.

Phone Interviews7-ADM-10; 08-INF-07; LDSS 4921

Many SNAP applicants will automatically be granted a phone interview instead of an in-office

interview. This is especially helpful for working families, people with disabilities, and seniors.

Phone interviews are granted for:

Working families: Any non-temporary assistance SNAP applicants get an automaticphone interview when one of the following conditions is met:

• One adult on the application is working 30 hours or more per week or earning an average of at least the federal minimum wage ($7.25/hour) multiplied by 30 hoursper week. Ultimately, the adult on the application would need to average $217.50gross per week.

• Two adults on the application are each working 20 hours per week or earning at least the federal minimum wage ($7.25/hour) multiplied by 20 hours per week. In this instance, each adult would need to be earning $145 gross per week, for a total of $290 per week.

Application submission types: Submitting an electronic application (ex. myBenefits or AccessHRA) results in an automatic phone interview. In addition, in NYC only, applicants using the Mail-In Application and Referral Unit system (MARU) are automatically scheduled for a phone interview. This process allows NYC residents to apply by mail or fax at some community agencies, or by using the 311 system.

Disabled/senior applicants: Special rules can apply to households comprised of all elderly and/or disabled adults with no earned income. These applicants can request a telephone interview, or the SNAP office can send a worker to the home for the interview. All home visits are required to be scheduled in advance; the worker cannot show up without notice.

NYC On-Demand Interviews: After returning their application, new SNAP applicants in NYC can call DSS/HRA at 718-SNAP-NOW (718-762-7669) between 8:30 AM and 5:00 PM, Monday through Friday, for an "on-demand" interview, giving clients more flexibility.

https://otda.ny.gov/policy/gis/2006/https://otda.ny.gov/policy/gis/2008/08dc018.pdfhttps://otda.ny.gov/policy/directives/2008/INF/08-INF-07.pdfhttps://otda.ny.gov/policy/directives/2010/INF/10-INF-03-Attachment-2.pdfhttps://otda.ny.gov/policy/directives/2007/ADM/07-ADM-10.pdf

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Others by request: Other applicants who demonstrate a hardship can request a phone interview on a case-by-case basis. Hardships can include transportation difficulties, illness, prolonged severe weather, care of a household member, or work hours that conflict with the SNAP office hours.

Authorized RepresentativesAppendix O

SNAP applicants can appoint an “authorized representative” who can apply on their behalf, attend the interview and use the EBT card to make purchases, if approved.

• The authorized representative can be a friend, a relative, someone who worksfor an agency, or anyone else the applicant chooses.

• This person cannot be part of the applicant’s household but must be able toprovide the SNAP office all the information it needs to determine eligibility,including the household’s documentation.

• If an applicant wants someone to act as an authorized representative, an adultmember of the household must provide a written notice to the SNAP office givingthe person permission to act as their authorized representative. It is recommendedto use the OTDA form (LDSS 4942).

• The SNAP office cannot force an applicant to use an authorized representative.

OTDA form LDSS-4942 is available in both English and Spanish, and is specifically for households wishing to designate an authorized representative. Use of this form cannot be required by the LDSS, but it is recommended. The form is developed for use with the electronic application, but is available statewide for use with any applicant household.

A copy of the form is provided in Appendix O.

Notice of Missed Interview Rules at ApplicationGIS 08 TA/DC018

SNAP offices must comply with the federal regulations for sending a Notice of Missed Interview (NOMI) during the SNAP application and recertification process.

NYS policy reminds SNAP offices that they must follow these regulations during the application process:

1. The SNAP office must provide a date and time for the interview or provideinformation about its on-demand system to the client.

2. For new applicants who have missed their interview, the SNAP office must maila “Notice of Missed Interview” letter (NOMI). This required notice informs the householdthat it is now the household’s responsibility to reschedule the eligibility interview.

3. If the new SNAP applicant fails to appear for the scheduled interview and does notcontact the local district upon receiving the NOMI, the district will deny the case forfailure to comply with the eligibility interview requirement. The SNAP office mustallow 30 days from the filing date before sending this denial notice. (The SNAP officewill send the household two notices: the NOMI and the denial letter.)

4. The SNAP office must reschedule the eligibility interview for all applicants thatrespond to the missed interview notice.

https://otda.ny.gov/policy/gis/2008/08dc018.pdf

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Verification & DocumentationSNAPSB Section 5: pg. 114-127; 12-INF-06; 19-ADM-07; Appendix F and Appendix G

All eligibility criteria must be verified before the household is determined to be eligible to receive a SNAP benefit. The SNAP office gains verification from documents typically provided by the applicant(s), “collateral contacts” (people outside the applying household), computer matches, and through home visits. Every piece of information that is used to determine eligibility and a budget must be verified. Even if the worker is sure the information is true, they still must obtain some verification for the file. If the applicant has receipts for their rent or mortgage payments, telephone and utility bills, and child care expenses, as well as pay stubs and verification of identity and address, they should bring these documents to the interview.

Households can upload documentation to the SNAP office using the myBenefits website or AccessHRA mobile application in New York City. In addition, in some upstate counties the NYDocSubmit mobile application can be used to upload documents.

For SNAP program purposes, any reasonable form of documentation must be accepted, and the acceptable verification shall not be limited to any single type of document.

The documentation requirements checklist (LDSS-2642—see Appendix F) includes each eligibility criterion and acceptable forms of verification. One document may serve as verification for more than one eligibility criterion.

If an applicant has tried to get a form of documentation and is unable to, then the caseworker is obligated to assist, including paying necessary fees. If the needed documentation is simply unavailable, the worker must find some other way to verify the eligibility criteria. Collateral contacts are almost always possible; even identity can be verified this way.

CASE EXAMPLE

A birth certificate can serve as verification of identity, date of birth, and citizenship. OTDA has issued a desk guide (Appendix G: LDSS-3666) highlighting different forms of acceptable primary and secondary verification; however, SNAP does not differentiate between primary and secondary verification.

https://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdfhttp://otda.ny.gov/policy/directives/2019/ADM/19-ADM-07.pdf

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DEFINITION

A collateral contact is a person outside the applicant’s household who provides verbal confirmation of the household’s circumstances. For example, the SNAP office might call the landlord or neighbors to confirm the applicant’s address and household composition.

Collateral ContactsSNAPSB Section 5: pg. 121-122; 12-INF-06

When documentation is unavailable or inadequate, the SNAP office will use a collateral contact, which serves as a substitute for written verification. The SNAP office calls the collateral contact directly for information to support what the household has reported. The worker is responsible for obtaining the information from acceptable collateral contacts provided by the applicant. The SNAP office can get information in writing, over the telephone, or in person. If the SNAP office wants to call someone, it should ask the applicant whom to contact. If the applicant does not give the SNAP office an acceptable contact person, the SNAP office will identify a person to contact.

When the SNAP office makes collateral contact, it is inadvertently letting that person know that the applicant household is applying for some type of benefit. In order to approach a collateral contact, the SNAP office must get the applicant’s permission to disclose household information. If the family does not want a person selected by the SNAP office contacted, they should be given a chance to verify information in some other way, or to withdraw their application. The SNAP office should only call collateral contacts when another verification is unavailable or inadequate.

Home Visits

The SNAP office should conduct a home visit only if it cannot verify household eligibility criteria through documentation or collateral contacts. Home visits are to be used on a case-by-case basis when the supplied documentation is insufficient. Applicants do not have to let workers visit their homes, but the LDSS can deny the application if it cannot verify the household’s eligibility.

Computer Matches for Verification12-INF-06

The SNAP office can get information from computer systems of other public benefit programs,the Internal Revenue Service (IRS), the Social Security Administration (SSA), some banks, theNYS Department of Motor Vehicles, tax collectors, or other agencies and organizations.

The SNAP office may want information from these agencies’ computers because they haverecords about people’s wages, their benefit checks, their addresses, and sometimes otherthings that affect whether they qualify for SNAP.

The SNAP office usually will not tell the applicant when it is checking information in this way.If the SNAP office gets information from computer records that affects the SNAP case, it willusually either contact the household to verify the information or refer the case to an internalinvestigation unit.

https://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdfhttps://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdf

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Necessary VerificationSNAPSB Section 5: pg. 114-117; 12-INF-06, GIS 13 TA/DC043

SNAP rules require that the SNAP worker get proof of the following:

1. Identity of applicant. If an authorized representative applies in place of an applicant,the SNAP office must verify both the identity of the authorized representative and theapplicant. Identity is the only necessary verification for households eligible for expeditedprocessing.

2. Household size. Verification can be obtained from a collateral contact such as a landlord,or other readily available documentation. Examples of acceptable documentation include:a driver’s license, work ID, school district report, Housing Authority Section 8, ID for healthbenefits or other assistance programs, wage stubs, or any other documents that can beused to establish identity.

3. Age. The household must provide the date of birth for all applying household members.The household has until the next recertification to provide verification of the date of birth.Examples of verification of date of birth include birth certificates, marriage certificates,and school records or the social security number (SSN) validation.

4. Citizenship status (also referred to as Alien Status by OTDA). Anyone in the household whois applying for SNAP and who is not a U.S. citizen must provide proof of their immigrationstatus. The SNAP office will verify the claimed legal status and any immigration documentssubmitted with the U.S. Citizenship and Immigration Services (USCIS, formerly known asINS or the Immigration and Naturalization Service). The SNAP office will only verify USCISstatus for those household members who submit proof of their immigration status. Anynon-citizen household members who do not submit proof of their immigration status(such as undocumented non-citizens) will be excluded from the household for SNAPpurposes, but the rest of the household can still receive SNAP benefits.

5. Social security numbers (SSNs). Everyone in the household must provide the SNAP officewith a social security number. In New York State, eligibility workers verify SSNs directlywith the Social Security Administration (SSA). Therefore, individuals do not have to provideproof of their SSN unless the number they provide to the SNAP office does not match theSSA’s records or cannot be verified. Household members who do not already have an SSN(or do not know their SSN) must apply for a number before they can start receiving SNAPbenefits unless they have good cause for not applying. Failure or refusal to apply will meanthat person is excluded from the household for SNAP purposes. That person will be treatedas an ineligible non-citizen for budgeting purposes.

6. Income and resources.

7. Residence in the county. Residence is verified at a household level. The SNAP officedoes not have to verify where the applicant lives if it is not reasonably possible to getverification. For example: if the applicant recently moved to the area, is homeless, oris a migrant farm worker and cannot get verification easily.

Homeless SNAP applicants do not need a permanent address to apply. They arespecifically exempt from the residency verification. Homeless applicants can use theaddress of an authorized representative, a community organization (ex: shelter, soupkitchen), or the local SNAP office as an acceptable mailing address. See GIS 13TA/DC043for more information on documentation requirements for homeless youth.

https://otda.ny.gov/policy/gis/2013/13DC043.pdfhttps://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdf

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The following documents are used for budgeting only:

8. Shelter and utility costs.

9. Childcare and child support costs being deducted in the budgeting process.

10. Medical expenses for elderly (60 years of age and older) and applicants who meetthe SNAP definition for disabled.

11. Disability, for special budgeting rules applicable to disabled people or to be exemptedfrom work activities due to a disability.

Note: If verification of an item used only for budgeting a deduction (#’s 8-11 above) is not available, the case can still be opened and budgeted without the deduction; however, the household may get a smaller benefit than it would have if the item had been verified.

When the verification is provided, the worker will re-budget and may increase the amount of SNAP benefits the household receives. The four items that need to be verified, outlined in the above list, are used for budgeting purposes only, not eligibility determinations.

The SNAP office cannot limit which forms of necessary verification it will accept and must accept anything listed on the documentation checklist (appendix F & G). Also, any other form of credible documentation should be accepted. As a practical matter, it is easiest to get an application accepted promptly if the usual forms of documentation are provided.

The SNAP office should only ask a household to verify their present circumstances. They should only use verification to assess if the household is currently eligible.

CASE EXAMPLE

If the household does not have verification of childcare costs, the budget can be calculated without the childcare deduction. When the household provides documentation for the childcare expense, they might get an increase based on the new budget with the deduction.

IMPORTANT NOTE ABOUT VERIFICATION

If an applicant cannot provide verification of an eligibility criterion, the SNAP office has an obligation to assist. This includes paying fees when necessary. SNAP offices can sometimes obtain copies of official documents, like birth certificates, without paying a fee. However, if a fee is required, the SNAP office must either pay it or find another way to verify the eligibility criterion.

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Verification of Questionable InformationSNAPSB Section 5: pg. 119-120; 12-INF-06

The SNAP office will ask for verification of any information that it finds questionable. These requests, and the guidelines upon which they are based must not discriminate based on race, religion, ethnic background, or national origin.

The applicant(s) should be ready to verify as many facts as possible. If there is anything unusual about the household’s circumstances, the applicant should try to explain it completely in the initial interview, rather than hope the worker will not notice. When SNAP workers ask for more information, they should give the applicant a written notice listing what information they need, along with the date by which the household should provide the information.

The following items shall only be verified if questionable:

• Citizenship;

• Household composition, and;

• Whether members of the household purchaseand prepare meals together or separately.

Front End Detection Systems05-ADM-08

The Front End Detection System (FEDS) program is an anti-fraud measure allowed by New York State. FEDS conducts investigations of applications that appear to have questionable circumstances.

For cash assistance purposes, all counties are required to operate a FEDS program. However, it is optional for SNAP-only cases. New York City does not have a SNAP-only FEDS plan; about two-thirds of counties throughout the state do. All local FEDS plans must be approved by OTDA.

Caseworkers may only refer those cases that meet specific criteria spelled out in the county’s FEDS plan, and only after the household has first been given an opportunity to explain their situation.

Typically, a FEDS referral results in an LDSS/HRA investigator visiting the applicant at their home or asking the household to appear for an in-office interview. However, for SNAP purposes, there is no obligation on the part of the household to meet with the investigator. A SNAP application cannot be denied due to a household’s failure to attend a FEDS interview. In this situation, the investigator should continue without the household’s cooperation and forward his/her report to the eligibility worker. The worker will then consider the information in the FEDS report before making a final decision on the household’s application. FEDS should not delay the normal application process.

QUESTIONABLE INFORMATION

To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, other information on the application or previous applications, or with information received by the worker.

INDICATORS FOR FEDS REFERRAL

05-ADM-08 lists the type of criteria, called indicators, that can trigger a FEDS referral.

https://otda.ny.gov/policy/directives/2005/ADM/05-ADM-08.pdfhttps://otda.ny.gov/policy/directives/2012/inf/12-inf-06.pdfhttps://otda.ny.gov/policy/directives/2005/ADM/05-ADM-08.pdf

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Social Security NumbersSNAPSB Section 5: pg. 95-97

Every person in a household applying for SNAP must provide the SNAP office with his or her social security number (SSN). If a household member does not have an SSN, they must apply for one before they can receive SNAP benefits unless they have “good cause.”

If an applicant applies for an SSN, the receipt from the SSA showing that they have applied satisfies the requirement.

Applicants who do not give the SNAP office their SSN or provide proof that they have applied for one, or do not have good cause for not applying for an SSN, cannot receive SNAP benefits. However, the rest of the household members can proceed with the application without that household member. The excluded household member will be treated as an ineligible non-citizen for budgeting purposes.

As soon as the household member qualifies (i.e. provides proof they have applied for an SSN), they will be added as a member of that SNAP case.

Households With Undocumented Non-Citizens03-INF-14; SNAPSB Section 5: pg. 69-89

Non-citizens who cannot verify their immigration status (often referred to as “undocumented”)are not eligible for SNAP benefits. When a household contains a member who cannot provideimmigration verification, the SNAP office must continue to process the application for theremaining household members. The SNAP office is not to report anyone to the United StatesCitizenship and Immigration Services (USCIS). The SNAP office can report a non-citizen toOTDA if presented with proof that the person is illegally in the country (deportation orders).A threat by the SNAP office to contact USCIS to verify immigration status is a violation of thenon-citizen’s civil rights.

If the ineligible non-citizen is someone who would otherwise have to be part of the SNAPhousehold (for example, the parent of minor children in the household), his/her income mustbe reported because a pro-rata portion will count in determining the amount of SNAP benefitsfor which the rest of the family is eligible. More information on budgeting for this type ofhousehold can be found in the Advanced Budgeting section of this guide.

GOOD CAUSE

“Good cause” means that an applicant has tried to apply for a social security number but has not yet received it. For example, an applicant may have good cause if the social security office will not accept the application because they are waiting for a replacement copy of a lost birth certificate.

https://otda.ny.gov/policy/directives/2003/INF/03-INF-14.pdf

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People Who Do Not Speak English06-ADM-05, 17-INF-14, GIS 19 TA/DC026

People who do not speak English or have limited English proficiency (LEP) often have anespecially difficult time navigating the SNAP application process. They cannot, and shouldnot, be denied access to SNAP because of LEP issues.

In New York State, the SNAP application form is available in English, Arabic, Spanish, traditionalChinese, Russian, Haitian-Creole, Korean and Bengali. SNAP offices should have applicationson hand in all eight languages.

SNAP offices must have an “Interpreter Services” poster in their waiting areas. This posterhas information in many different languages about the availability of translation servicesto any individuals who need them.

All SNAP offices should have an assigned staff person to serve as an LEP contact, who will beresponsible for monitoring, investigating and resolving complaints for LEP applicants.

Additionally, SNAP offices must provide a translator or interpreter to any applicant who needsone. If the SNAP office does not have an interpreter or bilingual worker on staff, they shouldmake other arrangements to provide translation services. Households can bring their owninterpreter, but only if they wish to do so.

New York City has special requirements to ensure that LEP households have access totranslation services, as part of a class action lawsuit settlement, Ramirez v. Giuliani.

Accommodating Persons With Disabilities6-ADM-05; GIS 15 TA/DC023; 16-ADM-08

SNAP is subject to the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act (RA) of 1973, which protect people who have a physical or mental disability. The ADA and the RA are not limited to people who are “disabled” under SNAP regulations. Therefore, the SNAP office must provide the accommodations required by these laws, even if the applicant is not considered disabled for SNAP purposes. OTDA issued a comprehensive policy directive (06-ADM-5) clarifying local districts’ obligations to provide equal access to persons with disabilities.

To remain compliant with ADA standards, SNAP offices are required to offer SNAP applications, forms, notices, and other publications in alternate formats. This requirement is outlined in 16-ADM-08.

The primary alternative formats are:

• Audio Disc—an audio transcription of the form,

• Data Disc—a screen-reader-accessible form, and

• Large Print—18-point font.

In addition, braille format is available upon request to any recipient or applicant for whom the primary alternative formats are not effective.

SNAP offices must advise individuals requesting notices in alternative formats that these are provided in addition to the non-alternative format notice, and not in place of it. In cases where there is a designated authorized representative, both the head of the household and the authorized representative will receive the primary notice and the alternative format notice.

https://otda.ny.gov/policy/directives/2006/ADM/06-ADM-05.pdfhttps://otda.ny.gov/policy/directives/2017/INF/17-INF-14.pdfhttps://otda.ny.gov/policy/directives/2006/ADM/06-ADM-05.pdfhttps://otda.ny.gov/policy/directives/2016/ADM/16-ADM-08.pdfhttp://otda.ny.gov/policy/gis/2019/19DC026.pdfhttps://otda.ny.gov/policy/gis/2014/14DC023.pdf

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Individuals are not allowed to request combinations of alternative format notices, but they may change the type of alternative format they are receiving at any time.

All OTDA-generated notices using the Client Notice System now include a banner advising SNAP recipients of the availability of alternative format notices and other written materials. For a complete list of materials available in alternative formats, see pages 5 and 6 of 16-ADM-08 or go to OTDA’s Alternative Format Forms Webpage to view and download the materials.

Notification of Acceptance or DenialSNAPSB Section 8; 14-INF-16

Whether a SNAP application is accepted or denied, the SNAP office must send a notice telling the applicant its decision within 30 calendar days of the application filing date.

If the SNAP office decides that the applicant qualifies for SNAP, the notice of acceptance must:

• State how much the household’s SNAP benefit will be, and

• Include the start and end dates of the certification period.

If the SNAP office denies the application, the notice of denial must explain the reason for the denial. All notices must include the following information:

• Phone number of the SNAP office,

• The name of someone at the SNAP office the applicantcan call with questions, if possible,

• Information about the right to a fair hearing, and

• How to get free legal aid.

New York State uses an automated computer notice system for most notices. These notices are long and include a lot of information, including how the budget was calculated, so if there are any mistakes, these can be identified and mediated on with the SNAP office.

The regular SNAP application processing time is 30 days from receipt of application; however, there are times when an application cannot be processed within that time frame. When the application is delayed beyond 30 days and the fault lies with the SNAP office, the SNAP office has the responsibility of notifying applicants about the delay. A notice will be sent to applicants whose applications have not been processed within 30 days due to the fault of the SNAP office. A “Notice of Pending Application” will be created and sent to inform applicants that there has been a delay in application processing and that the application is still pending. Applications cannot be denied when the pending application is beyond 30 days and it is due to the fault of the SNAP office.

https://otda.ny.gov/policy/directives/2014/INF/14-INF-16.pdf

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Status-Based Limitations

Special rules limit the eligibility of certain groups of people. The main groups are students, people on strike, non-citizens, and employable adults (work rules are covered in the next section). When dealing with a household that contains a person with a status-based limitation, it is important to evaluate each individual’s eligibility, since some people in a household might be eligible even if others are not. For example, a citizen child would still be eligible even if their non-citizen parent were not. Special budgeting rules also apply in these cases.

StudentsSNAPSB Section 5: pg. 91-92; 09-ADM-08; 11-INF-06; 12-INF-14; Appendix M

Student: A student is any person who is:

• 18 through 49 years of age

• Physically and mentally fit

• Enrolled at least half time inan institution of higher education

An Institution of Higher Education: Any institution at the post high school level that normally requires a high school diploma or equivalency certificate for enrollment, including, but not limited to:

COLLEGE MEAL PLANS

Students receiving 50% or more of their meals from a college meal plan cannot get SNAP, as they are considered to be living in an institution.

• Colleges

• Universities

• Business schools

• Vocational schools

• Trade or technical schools

• Correspondence schools

• On-line courses, and

• Colleges or universities that offerdegree programs regardless of whethera high school diploma is required

Students enrolled at least half time in higher education cannot get SNAP unless they meet at least one of the following exceptions:

• Employed an average of 20 hours a weekor more

• If self-employed, working an average of20 hours a week and making an averageincome equal to the federal minimumwage multiplied by 20 hours

• Participating in work-study (no hourlyminimum)

• 17 years old or younger

• 50 years old or older

• Physically or mentally unable to work(see work rules)

• TANF recipient (complying withthe TANF work rules)

• A single parent enrolled full time whois responsible for the care of child underthe age of 12

• Primary caretaker of a household memberwho is under age 6 or is incapacitated

• Primary caretaker of a household memberbetween the ages of 6 and 11, if no adequatechildcare is available that would make itpossible to work and go to school

• Required to attend school by the SNAPemployment and training program, or asimilar program operated by a state orlocal government (This includes studentsreceiving unemployment insurance benefits.)

https://otda.ny.gov/policy/directives/2009/ADM/09-ADM-08.pdfhttps://otda.ny.gov/policy/directives/2011/INF/11-INF-06.pdfhttps://otda.ny.gov/policy/directives/2012/INF/12-INF-14.pdf

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Students who do not meet one of these exceptions are excluded from the SNAP household, and neither the income nor the resources of the ineligible student will be used in determining eligibility for the rest of the household. However, if the student makes any cash contributions to the remaining members of the household, this will count as income. The rest of the household members may still be eligible.

For help determining if a student meets any of these exceptions, see the Student Eligibility Checklist provided in this guide under Appendix M.

Students Receiving Unemployment Insurance Benefits (UIB) 12-INF-14

A student receiving UIB and enrolled at least half time in an institution of higher education is considered an eligible student for SNAP purposes if they meet the following:

• Participate in one of the following UIB educational programs:

• “599” Education Training Programs

• Workforce Investment Act (WIA)

• Trade Act Programs

• Enrolled in school through one of the following programs:

• SNAP Employment and Training Program

• Safety Net Assistance employment program activity

These students fall under the current student exemption that states they are “required to attend school by the SNAP Employment and Training Program, or a similar program operated by a state or local government.”

Students enrolled in the above programs do not need to meet any additional student work requirements or fit into any additional student exemptions to participate in SNAP.

Continuing Eligibility of Students

Eligible students remain eligible between school breaks (vacations, summer, etc.) unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next school term (excluding summer semesters).

Ineligible students remain ineligible between school breaks (vacations, summer, etc.) unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next school term (excluding summer semesters).

Students who have Work-Study lose their SNAP eligibility between semesters (if the break is a full month or longer) and in summer months unless the Work-Study continues or they fit into another exemption.

Example: If a student who participated in Work-Study during the school year got a regular job during the semester breaks/summer months working an average of 20 hours a week, they would remain eligible for SNAP.

https://otda.ny.gov/policy/directives/2012/INF/12-INF-14.pdf

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StrikersSNAPSB Section 5: pg. 13; GIS 16 TA/DC032, GIS 19 TA/DC044

If the primary wage earner of a household is participating in a job action (on strike, a walk-out, etc.), the striker and the whole household are ineligible for SNAP unless they were eligible for benefits before the strike began. Thus, the striker’s income before the strike will be budgeted and applied to the entire household as if they were still working. In this case, other household members cannot simply exclude the striker to establish a separate case. A household cannot get more SNAP benefits because its income goes down during the strike. If the striker leaves the household, the remaining household members become eligible again.

The following people are not considered strikers:

• People who have been locked out

• People out of work because of someone else’s strike

• People in a different bargaining unit who are afraid to cross a picket line

• People exempt from work registration (other than those exempt becausethey are working)

• Strikers who have been permanently replaced

Non-Citizen EligibilityGIS 10 TA/DC005; 03-INF-14; GIS 16 TA/DC048; Appendix H

Among the most complicated rules in SNAP are those applied to non-citizens. Although this is commonly referred to as immigrant eligibility, it is important to remember that it applies only to non-citizens who are legally present in the country.

Naturalized citizens (immigrants who become citizens) receive the same benefits as all other citizens.

Undocumented non-citizens—those who cannot prove that they are legally present in this country— are never eligible for SNAP.

The desk guide prepared by OTDA (see Appendix H) is very helpful. It lists the categories of non-citizens who are eligible for SNAP (as well as cash assistance and Medicaid) along with what documents can be used to verify status.

The guiding principle is that for a non-citizen to be able to receive SNAP, the non-citizen must:

1. Have “qualified non-citizen” status and

2. Meet a condition that allows qualified non-citizens to get SNAP.

CITIZEN DEFINITION:

A person (other than a child of a foreign diplomat) who is born in:

• One of the 50 states• District of Columbia• Puerto Rico• Guam• U.S. Virgin Islands• Northern Mariana Islands,

who has not renounced or otherwise lost their citizenship.

https://otda.ny.gov/policy/gis/2016/16DC032.pdfhttps://otda.ny.gov/policy/gis/2010/10dc005.pdfhttps://otda.ny.gov/policy/directives/2003/INF/03-INF-14.pdfhttps://otda.ny.gov/policy/gis/2016/16DC048.pdfhttps://otda.ny.gov/policy/gis/2016/16DC044.pdf

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Qualified Alien Status: All non-citizens must meet one criterion from each list. See Appendix H for further clarification on non-citizen status.

Non-citizens with Qualified Alien Status• Asylees

• Amerasian immigrants

• Certain domestic violence survivors

• Certain Hmong or Highland Laotiannon-citizens

• Conditional entrants

• Cuban Haitian entrants

• Lawful permanent residents (LPRs or“green card” holders)

• North American Indians born in Canada

• Persons whose deportation or removalhas been withheld

• Persons paroled for at least 1 year

• Refugees

Qualified non-citizens eligible for SNAP• Adults who have held qualified alien

status for at least five years

• Amerasian immigrants

• Asylees

• Children under 18 with aqualified alien status

• Cuban Haitian entrants

• Disabled individuals with qualifiedalien status

• LPRs on active military duty or withhonorable discharge status, as well astheir spouses and children under 18

• LPRs with substantial work history inthe U.S. (“40 quarters” test—see info box)

• Persons whose deportation or removalhas been withheld

• Refugees (now includes Afghanand Iraqi Special Immigrants)

40 QUARTERS TEST

LPRs who can be credited with 40 qualifying quarters of work history are qualified to receive SNAP. One quarter is the equivalent of a three-month period; therefore roughly 10 years of work equals 40 quarters. To count as a qualifying quarter, a worker must have earned a minimum salary during that quarter. Quarters of work history can be shared with some family members. Quarters earned during a marriage can be shared between spouses, even if separated or deceased (but not if divorced), and between parents and their children (for quarters worked before the child’s 18th birthday, including quarters worked before the child was born). The SNAP office will get the social security records of any worker’s quarters claimed by an applicant.

Qualified non-citizens who came to the U.S. for humanitarian reasons—including refugees, asylees, and those with a withholding of deportation—continue to be eligible for SNAP benefits even if they adjust their status to LPR.

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Ineligible Non-Citizens

Households containing ineligible non-citizens can still get SNAP if someone in the household is an eligible non-citizen or a U.S. citizen. Even undocumented parents can apply for SNAP on behalf of their citizen children.

There is an immigration reporting requirement in the SNAP Law that makes some families with undocumented members reluctant to apply. The law requires the state SNAP agency to report “aliens it knows to be unlawfully present” to the United States Citizenship Immigration Services (USCIS). However, SNAP offices in NYS have been instructed to report only those individuals who present evidence of a USCIS determination that they are not here lawfully.

Practically speaking, this means the SNAP office has no duty to report someone unless the person shows the SNAP office that they have a final Order of Deportation or have submitted falsified immigration documents. It is also important to note that the SNAP office is not to make the report directly to USCIS, but is simply required to give the name of the person with the Order of Deportation to OTDA.

Although the law has been very favorably interpreted concerning how to treat SNAP households with non-citizen members, no one can guarantee that proper procedures will always be followed. It cannot be stressed highly enough, though, that LDSS employees only have the authorization to report the names and addresses of non-citizens who have final deportation orders and those with falsified immigration documents. However, even in these circumstances, any reporting would be made to OTDA, not to USCIS. There is no authority for SNAP workers to contact Immigration directly except to verify immigration documents that are presented by the applicant to support the applicant’s eligibility for benefits. If an eligibility worker threatens to report a non-citizen member of an applicant household to USCIS to get them to withdraw their application, this is a violation of the Civil Rights Law and should be brought to the attention of the supervisor, the Commissioner, or OTDA.

Public Charge Test

As of October 15, 2019,* the administration will change a part of immigration law called “Public Charge.” The Public Charge test is used by immigration officials to decide if a person can enter the U.S. or get a Green Card (Lawful Permanent Residency). Officials look at all of a person’s circumstances, including: income, employment, health, education or skills, family situation, and if a sponsor signed an “affidavit of support.” Officials will only look at whether a person used certain federal benefit programs, like SNAP, after October 15, 2019. This does not apply to WIC, school meals, or help from food pantries.

Public Charge does not apply to Green Card holders applying for U.S. citizenship or renewing their Green Card. If children are US citizens, they can receive SNAP with no risk to the immigration status of other people in the household.

There are several other exceptions pertaining to who will be subject to the new rule and it is important to remember that legal services are available to households that have questions regarding the rule's impact. Additional information is available at HungerSolutionsNY.org.

To view the USCIS Final Public Charge Rule page go to: uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

*Several lawsuits have been filed to keep this rule from going into effect on October 15, 2019. It will beimportant to check on the status of this new rule closer to the October 15 deadline.

https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

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Fleeing Felons and Probation ViolatorsGIS 10 TA/DC026

People who have felony warrants pending against them (fleeing felons), and people in violation of probation may be identified by computer matches and denied SNAP. However, in all these cases, other household members may continue to be eligible for SNAP and special budgeting rules apply.

OTDA clarified with SNAP offices that they must not discontinue SNAP benefits for anyone with a warrant based on an alleged probation or parole violation. These types of warrants do not constitute a determination of a violation but, instead, are allegations of a violation.

https://otda.ny.gov/policy/gis/2010/10dc026.pdf

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Employment & TrainingEmployment and Training Requirements NYS Temporary Assistance and SNAP Employment Manual, Section 3; Appendix I and J; GIS 12 TA/DC035; 18-ADM-08; 19-ADM-02

SNAP has an employment and training component. Unless they are exempt, adults must participate in some type of work or training activity to receive SNAP. However, there are many people who are exempt and have no further obligation to participate in work activities. A SNAP participant is exempt if he or she is:

• under 16

• 60 and over

• age 16 or 17 and not the headof the household

• attending high school, training, orcollege on at least a half-time basisNote: College students between theages of 18 and 49 must meet the studenteligibility criteria listed on pg. 30-31.

• working at least 30 hours/week orearning weekly pay of at least 30 timesthe hourly federal minimum wage

• a migrant or seasonal farm workerunder contract to begin work withinthe next 30 days

• meeting TANF work requirements

• receiving unemployment benefits

• participating in a drug or alcoholtreatment program

• taking care of a child under 6 oran incapacitated person

• jointly applying for SNAP and SSI andawaiting an SSI eligibility determination

• physically or mentally unable to work(less documentation is required thanfor being disabled—generally doctor’sor other health care providercertification is sufficient)

Anyone who is not exempt must comply with the SNAP office’s work requirements once they are receiving SNAP. This usually involves attending an evaluation appointment with an employment office at the SNAP office, providing information about education and work history and then participating in an assigned work program. Work programs typically include work experience program (WEP), job search, “job clubs,” GED programs, and, occasionally, training or other educational activities. If the local district does not assign a work activity, the participant is still eligible to receive SNAP.

Individuals who must comply with work requirements cannot be required by their SNAP office to spend more than 120 hours per month participating in employment and training activities. This includes:

• financial literacy or personal financeinstruction including career advice,credit counseling, using savings/checkingaccounts, cash management techniques

• job search

• job skills training and educational workactivities directly related to employmentand training

• job readiness classes

• paid work

• vocational education

• work experience program (WEP)*, or

• any work the individual is doing forsomething other than money (such asfree housing or meals)

*To calculate the number of hours that an individual would be required to complete each month,divide the amount of the SNAP benefit by the number of adult SNAP recipients in the household.Then divide by the minimum wage that is in effect for the area of the state in which the householdis located. See page 39 for the current state minimum wage for each area of the state.

https://otda.ny.gov/policy/gis/2012/12DC035.pdfhttp://otda.ny.gov/policy/directives/2018/ADM/18-ADM-08.pdfhttps://otda.ny.gov/policy/directives/2019/ADM/19-ADM-02.pdf

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If a participant fails to comply with work requirements, voluntarily quits a job without good cause, or fails to meet cash assistance work requirements, they can be “sanctioned,” or made ineligible to participate for a period of time. The sanction disqualifies only the individual, not the whole household.

If other people in the household are still eligible, the SNAP case will stay open and the sanctioned person should request to be restored to the case at the end of the sanction period. If there are no other eligible participating household members, the sanctioned person will have to reapply for benefits the month before the sanction ends to receive SNAP benefits again.

Voluntary QuitNYS Temporary Assistance and SNAP Employment Manual, Section 13; Appendix I, 18-ADM-08

The “voluntary quit” rule is an attempt to prevent people from deliberately making themselves poor so they can get SNAP benefits. The rule disqualifies such people from receiving SNAP benefits for a specified length of time (called a sanction period) of one month and until the individual complies. In reality, this usually arises when someone quits their job for some other reason, such as a decision to relocate, and immediately applies for SNAP.

This rule should not be a major problem, although SNAP offices frequently question the reasons for leaving a job. All the applicant has to show is that there was some valid reason. This will prove “good cause” for leaving the job and satisfy the rule. Applicants who were fired are never assumed to have left their job so that they could obtain SNAP benefits—it does not matter why they were fired. The NYS Temporary Assistance and SNAP Employment Policy Manual states that “provoked discharge” termination situations, in which employees cause themselves to be fired, are not subject to a voluntary quit disqualification. The voluntary quit rule is frequently misapplied because the cash assistance program rules are different.

Those without a valid reason for quitting their job may or may not be subject to a voluntary quit sanction. Many people are exempt from the voluntary quit rule. The duration of the sanction is based on the circumstances of the individual client. See the SNAP Work Rules Desk Guide (Appendix I) for further details on the voluntary quit rules.

Work Sanctions, Intentional Program Violations14-ADM-06; GIS 13 TA/DC048; GIS 13 TA/DC005; GIS 12 TA/DC035; 18-ADM-08

People who do not comply with work requirements, or who are found to have committed an Intentional Program Violation (IPV), will be removed from the household SNAP case for a period specified by the SNAP office. The duration of the sanction is based on the circum-stances of the individual client.

The SNAP Work Rules Desk Guide (Appendix I) has a summary of SNAP employmentand training rules.

https://otda.ny.gov/policy/directives/2014/ADM/14-ADM-06.pdfhttps://otda.ny.gov/policy/gis/2013/13DC048.pdfhttps://otda.ny.gov/policy/gis/2013/13DC005.pdfhttps://otda.ny.gov/policy/gis/2012/12DC035.pdfhttp://otda.ny.gov/policy/directives/2018/ADM/18-ADM-08.pdfhttp://otda.ny.gov/policy/directives/2018/ADM/18-ADM-08.pdf

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Time Limits for Able-Bodied Adults (ABAWDs) NYS Temporary Assistance and SNAP Employment Policy Manual, Section 3; Appendix J; GIS 15 TA/DC054; 15-INF-11; GIS 16 TA/DC0026; GIS 16 TA/DC044; 16 ADM 09; GIS 16 TA/DC056; 17-ADM-01; GIS 17 TA/DC014; GIS 18 TA?DC037; 18-INF-17; 19-INF-05; 18-ADM-09

Many unemployed adults without children—referred to in federal regulations as Able-BodiedAdults Without Dependents (ABAWDs)— may have to meet a time limit requirement as well asthe “regular” SNAP employment and training rules.

NYS and many states across the nation reinstated SNAP Time Limits for ABAWDs on January 1,2016. This federal rule had not been in place for many years. USDA suspended the rule in moststates in 2007 due to high unemployment caused by the Great Recession.

The time limit rule requires that a person identified as an ABAWD be limited to receiving SNAPbenefits for three full months for the 36-month period that began January 1, 2019, and willend December 31, 2021, unless they live in a waived area of the state, qualify for an exemption,or are meeting the work requirements.

Waivers for Counties and JurisdictionsAreas of the state with high unemployment, or that are designated as labor surplus areas, can continue providing SNAP without reinstating the ABAWD time limit rule through a waiver. NYS must seek approval each year from USDA for waivers for counties and jurisdictions. Waivers are granted generally for a one year period starting January 1 and ending December 31 each year, although there may be some exceptions.

SNAP recipients who live in a waived county or jurisdiction are not subject to the ABAWD time limit rule. This includes any SNAP recipient who moves into a waived county or jurisdiction at any time. In these instances, the individual is no longer subject to the ABAWD rule beginning the month they move into the waived area. It is important to remember that these individuals may still be subject to SNAP Employment and Training (E&T) requirements that apply in their county.

See Appendix J for a complete list of waived areas in NYS or visit HungerSolutionsny.org/abawd for the newest checklist and a variety of other information and resources.

Exemptions from the Time Limit RuleMany people determined to be ABAWDs by the SNAP office are exempt from the time limit rule. This includes SNAP recipients who are not subject to the SNAP E&T requirements. For a full list of exemptions, see our ABAWD Checklist or desk guide highlighting the time limit rules criteria, exemptions, and much more.

It is important for community organizations to work with SNAP participants who are identified as ABAWDs to ensure that they were correctly identified. Exempt individuals include those who do not meet the definition of ABAWD, are exempt from regular work rules, are a part of a SNAP case in which there is a child who is under 18, are physically or mentally unable to work, or receive a private or public disability-based benefit*, and those who are pregnant. These individuals should not be subject to the three-month time limit.

*All individuals in receipt of VA disability or workers compensation, regardless of the percentage,are exempt from the ABAWD time limit rule.

https://hungersolutionsny.org/information-resources/abawd/https://otda.ny.gov/policy/gis/2015/15DC054.pdfhttps://otda.ny.gov/policy/directives/2015/INF/15-INF-11.pdfhttps://otda.ny.gov/policy/gis/2016/16DC001.pdfhttps://otda.ny.gov/policy/gis/2016/16DC044.pdfhttps://otda.ny.gov/policy/directives/2016/ADM/16-ADM-09.pdfhttps://otda.ny.gov/policy/gis/2016/16DC056.pdfhttp://otda.ny.gov/policy/directives/2017/ADM/17-ADM-01.pdfhttps://otda.ny.gov/policy/gis/2017/17DC014.pdfhttp://otda.ny.gov/policy/gis/2018/18DC037.pdfhttp://otda.ny.gov/policy/directives/2018/INF/18-INF-17.pdfhttp://otda.ny.gov/policy/directives/2019/INF/19-INF-05.pdfhttp://otda.ny.gov/policy/directives/2018/ADM/18-ADM-09.pdf

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For example, an individual can be exempt from the three-month time limit if the person has a physical or mental condition that “reduces their ability to work.” Being determined unfit for work has a much lower standard of unfitness than SSI or Social Security Disability and does not require a specific diagnosis or submission of a medical testing result. See Appendix J for a list of medical professionals who can write a statement on a person’s behalf, stating that the person is mentally or physically unfit for work.

Hunger Solutions New York has developed tools and resources that can be used when working with a person who has been determined to be an ABAWD, including a checklist for determining if a person must meet the time limit rule. Appendix J contains a sample medical notice to use with health care providers as well as an ABAWD desk guide. Visit hungersolutionsny.org/abawd for the newest checklist, waiver list, and a variety of other information and resources.

Maintaining Eligibility for Those Who Must Meet ABAWD Work RequirementsSNAP recipients who are correctly identified as ABAWDs will need to comply with work requirements to receive SNAP for more than three months in the 36-month period that started January 1, 2019.

ABAWDs must complete and document a qualified work activity each month. Work activities can vary and include:

• Work, volunteer activities, or “in-kind” work for at least 80 hours per month.

• Participation in a qualifying work/training program approved by the SNAP officefor at least 80 hours per month.

• Participation in a program under the Workforce Investment Opportunity Act (WIOA)for at least 80 hours per month. Activities can include:

• job search and job readiness activities• occupational skills training• adult education and literacy activities

• Participation in a combination of the above listed work/training programsfor at least 80 hours per month, OR

• Complying with a Work Experience Program (WEP) assignment:

If an individual is currently volunteering at a public or non-profit organization,including faith-based organizations, pu