10 CCR 2506-1-4.304 - HOUSEHOLD COMPOSITION
A.
Determining Household Composition
It is possible for more than one SNAP household to live under the same roof, on the same property, or at the same address.
1. A household is a group of individuals who
live together and customarily purchase and prepare food together for home
consumption.
2. Each household may
apply as a separate household if they are not mandatory household members due
to their relationships or financial responsibility.
A. Individuals experiencing homelessness can
be determined as a separate household under this provision.
3. If the client is
currently purchasing and preparing with other individuals but upon approval of
SNAP benefits intends to purchase and prepare separately, separate household
status can be granted.
4.304.1
MANDATORY HOUSEHOLD
MEMBERS
All mandatory household members who live together must be considered in the same household, even if the mandatory individuals declare they do not customarily purchase and prepare their food together for home consumption.
A. Parents and Children
1. A person aged twenty-one (21) years and
younger living with their natural or adoptive parent(s) or stepparent(s).
A. If the child lives in the same home with
both parents, regardless of marital status or whether or not the parents
purchase and prepare their food together, both parents must be included in the
SNAP household.
2. A
child (other than a foster child) under eighteen (18) years of age who is
living with and is under the parental control of a household member other than
their parent.
A. A child under eighteen (18)
years of age is considered to be under parental control of an individual if the
child is financially or otherwise dependent on that individual member of the
household unless emancipated as defined by state
law.
B. Spouses
1. Spouses refer to:
A. Persons defined as married to each other
under state law.
B. Persons living
together who are free to marry and are representing themselves as spouses to
relatives, friends, neighbors, or the larger community.
2. In situations where a spouse is in an
established residence elsewhere but still contributes financially to the
household, the value of the financial contribution will be counted as unearned
income to the household in determining eligibility. Please refer to section
4.304.4 for more information.
C. Persons aged sixty (60) and older
experiencing a disability who live with others whose income exceeds 165% of the
Federal Poverty Line (FPL)
1. Persons aged
sixty (60) and older who are also experiencing a disability who are unable to
purchase and prepare their own meals and are residing with other individuals
whose income exceeds 165% of the FPL must be in the same household.
2. When applying the 165% limit test, the
spouse of an elderly person with disabilities is not to be considered a member
of their household unless the spouse is the person purchasing and preparing
meals. If the spouse is not a member of the household, the spouse's income and
resources are excluded in calculating the household's eligibility.
4.304.2
Children
in Shared Custody Arrangements
A. In
instances when different households apply for the same child, the household
that applies for benefits for the child second must establish that it has
majority custody and/or provide a majority of the child's meals.
B. If the second requesting household
provides verification that indicates that household possesses majority custody
and provides the majority of meals, this constitutes unclear information as to
the first household under which the child is currently receiving benefits.
1. A request for contact (RFC) must be
initiated on the first case if verification was not previously provided to
establish majority custody and/or that the majority of meals are being
provided. The confidentiality rules described in Section 4.140 must be followed
when making this request.
A. If the two
different households applying for the same child cannot agree in which
household the child shall receive benefits the household that provides the
majority of meals to the child(ren) in question shall include the child(ren) in
their household. Depending on the document being used to establish majority
custody and majority of meals, the eligibility technician must ensure that they
are considering a period of time of sufficient length to accurately capture the
custody arrangement, taking into account disruptions to established
arrangements such as holidays and school breaks. Eligibility technicians may
have to look at a longer period of time than just the last calendar
month.
2. If the second
requesting household provides verification that conclusively proves it has
majority custody of the child and provides majority of meals as of the request
to include the child(ren) in its household, the child(ren) should be removed
from the first case and added to the second case as detailed in Section 4.604.G
to avoid dual participation.
3. If
the two households provide an equal number of meals to the child(ren), then the
SNAP household currently receiving benefits or who applied first shall receive
benefits for the child(ren).
4. If
one household fails to provide verification of the percentage of meals they
provide to the child(ren), the child(ren) shall remain in the household in
which they first began receiving SNAP benefits.
4.304.3
Optional Household
Members
The following individuals residing with a household shall not be considered household members in determining the household's eligibility or allotment, unless otherwise stated:
A.
Persons aged sixty (60) and older experiencing a disability who live with
others whose income does not exceed 165% Federal Poverty Level (FPL).
1. Persons aged sixty (60) and older who are
also persons with disabilities who are unable to purchase and prepare their own
meals and are residing with other individuals whose income does not exceed 165%
of the FPL can be in a separate household.
2. When applying the 165% limit test, a
person aged sixty (60) and older with disabilities' spouse is not to be
considered a member of the household unless the spouse is the person purchasing
and preparing meals. If the spouse is not a member of the household, the
spouse's income and resources are excluded in calculating the household's
eligibility.
B. Foster
children
1. If a foster parent chooses not to
include a foster child in their SNAP household, the foster child not included
will not have their income, resources/assets, or needs included in the
eligibility determination for the SNAP household.
2. If the foster parent chooses to include
the foster child in their SNAP household, the foster child's income, and
resources/assets, as well as their needs, are considered in the eligibility
determination.
3. The foster child,
including a child and/or spouse of the foster child, may not apply for benefits
separately from the foster family unless they are over eighteen (18) and no
longer under the parental control of the foster parents.
C. Boarders
1. Boarders are only considered members of a
client's SNAP household if the household requests that they be considered
household members.
2. If a boarder
is not considered a SNAP household member, the boarder's income and resources
shall not be considered available to the household.
A. The amount of payment that a boarder gives
to a household for lodging and meals shall be treated as self-employment income
to the SNAP household.
3. If the SNAP household requests to include
the boarder as a household member, the boarder's income and resources/assets
shall be considered available to the SNAP household and used in determining
eligibility and allotment.
4.
Persons who only work and provide no monetary compensation in exchange for
meals or who make payments to a third party on the household's behalf in
exchange for meals would not be classified as boarders.
5. Boarder status shall not be granted to
individuals paying less than a reasonable monthly payment for meals. An
individual not paying a reasonable monthly payment for meals will be considered
a member of the household which provides the meals and lodging.
A. A reasonable monthly payment is one of the
following:
1) Boarders, whose board
arrangement is for more than two (2) meals per day, shall pay an amount that
equals or exceeds the maximum SNAP allotment for the number of persons in the
boarder SNAP household.
2)
Boarders, whose board arrangement is for two (2) meals or fewer per day, shall
pay an amount that equals or exceeds two-thirds of the maximum allotment for
the number of persons in the boarder household.
B. When the boarder's payments for a room are
distinguishable from their payments for meals, only the amount paid for meals
will be considered in determining if reasonable compensation is being paid for
meals.
4.304.31
Non-Household Members
The following individuals residing with a household shall not be considered household members in determining the household's eligibility or allotment unless otherwise stated in 4.304.3:
A. Boarders
Boarders are individuals residing with others and paying reasonable compensation for lodging and meals.
Boarders cannot participate in SNAP as separate households.
B. Roomers
Roomers are individuals to whom a household furnishes lodging, but not meals, for compensation.
Roomers who are otherwise eligible may participate in SNAP as separate households.
C.
Live-in Attendant
Live-in attendants are individuals who live with a household to provide medical, housekeeping, childcare, or other similar personal services.
Live-in attendants, who are otherwise eligible may, participate in SNAP as separate households.
4.304.32
Established Residence Separate
and Apart
Mandatory household members who live together must be included in the same household unless one of the mandatory individuals has established a residence separate and apart from the other mandatory household members.
A residence shall only be considered established as separate and apart from mandatory SNAP household members when the individual pays shelter expenses, supports the maintenance of the other residence, or has provided that separate address to other governmental organizations or an employer as their primary residence. Supporting the maintenance of another residence can be demonstrated through paying rent/mortgage, paying utilities, paying insurance, or other charges necessary to maintain the residence.
When it is determined that a person who would normally be considered a mandatory household member has established a residence separate and apart and is not required to be considered part of the SNAP household, any monies that person provides to the SNAP household should be considered as unearned income.
Examples include, but are not limited to:
A. A truck driver who is away from the
household, returns at the end of each trip, and has not established a residence
separate and apart must be considered a household member.
B. A spouse in the armed forces may be
considered a non-household member if the spouse is away on assignment for a
calendar month or longer and has established a residence separate and
apart.
C. Oil field workers living
on-site while working away from the primary residence may be considered a
non-household member if the spouse is away on assignment for a calendar month
or longer and has established a residence separate and apart.
4.304.4
Persons
Disqualified or Ineligible to Participate in SNAP
A. Disqualified individuals shall not be
allowed to participate in SNAP as separate households. "Disqualified
individuals" are individuals disqualified for:
1. IPV/fraud;
2. Failure to either provide or obtain an
SSN;
3. Being an ineligible
non-citizen;
4. Failure to comply
with work requirements;
5. Being an
ABAWD who has been disqualified after receiving three (3) months of SNAP
benefits within a period of thirty-six (36) months; or,
6. Being a person with a felony conviction
who is not in compliance with the terms of their sentence and was convicted as
an adult for conduct that occurred after February 7, 2014 for any of the
following crimes:
a. Aggravated sexual abuse
under Section 2241 of Title 18, United States Code;
b. Murder under Section 1111 of Title 18,
United States Code;
c. An offense
under Chapter 110 of Title 18, United States Code;
d. A federal or state offense involving
sexual assault, as defined in Section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C.
13925(a)); or
e. An offense under state law determined by
the attorney general to be substantially similar to an offense described in
clause (a), (b), or (c).
B. Individuals who are fleeing to avoid
prosecution or custody for a crime, or an attempt to commit a crime, that would
be classified as a felony shall not be considered eligible household members.
If an individual is suspected of being a fleeing felon, either by their own
admission or based on a report from law enforcement, the fleeing status must be
verified in to determine if the client is eligible for SNAP.
The following four-part test must be used to determine if the individual would be considered a fleeing felon for SNAP:
1. There is an outstanding felony warrant for
the individual by a Federal, State, or local law enforcement agency and the
underlying cause for the warrant is for committing, or attempting to commit, a
crime that is a felony under the law of the place from which the individual is
fleeing or is a high misdemeanor under the law of New Jersey; and
2. The individual is aware of, or should
reasonably have been able to expect that, the felony warrant has already or
would have been issued; and
3. The
individual has taken some action to avoid being arrested or jailed;
and
4. The Federal, State, or local
law enforcement agency is actively seeking the individual as provided in
4.304.4, C, 1.
C.
Individuals who are determined to be a parole or probation violator shall not
be an eligible household member. To be considered a probation or parole
violator, an impartial party, as designated by the agency, must determine that
the individual violated a condition of his or her probation or parole imposed
under Federal or State law, and that Federal, State, or local law enforcement
authorities are actively seeking the individual to enforce the conditions of
the probation or parole as outlined below.
1.
For the purposes of this provision, actively seeking is defined as follows:
a. A Federal, State, or local law enforcement
agency informs the local office that it intends to enforce an outstanding
felony warrant or to arrest an individual for a probation or parole violation
within twenty (20) days of submitting a request for information about the
individual to the local office; or,
b. A Federal, State, or local law enforcement
agency presents a felony arrest warrant as provided in 4.304.4, B, 1;
or,
c. A Federal, State, or local
law enforcement agency states that it intends to enforce an outstanding felony
warrant or to arrest an individual for a probation or parole violation within
thirty (30) days of the date of a request from a local office about a specific
outstanding felony warrant or probation or parole violation.
D. Residents of
commercial and noncommercial boarding houses and institutions are not eligible
to participate in the Program unless exempt in Section 4.304.41.
1. The household of the proprietor of a
boarding house may participate in the Program separate and apart from the
residents of the boarding house if that household meets all eligibility
requirements for Program participation.
2. An institution is a place which has not
been authorized by FNS to accept SNAP benefits, but which provides its
residents with more than fifty percent (50%) of their daily meals as a part of
its normal services. Residents of a halfway house for persons with a disability
are residents of an institution if they are provided meals as part of their
regular service.
3. Students who
purchase meal plans through an institution of higher education shall be
considered residents of an institution if the meal plan provides the student
more than fifty percent (50%) of his/her meals, unless the individual is
otherwise exempt from the institution provisions as provided in Section
4.304.41.
4.304.41
EXEMPTIONS FROM THE BOARDING HOUSE AND INSTITUTION PROHIBITIONS
A. An individual who is a resident of
federally subsidized housing for persons aged sixty (60) and older under
12 U.S.C.
1701Q or
12 U.S.C.
1715Z-1.
B. Narcotic addicts or alcoholics and their
children, who, for purposes of regular participation in a drug or alcoholic
treatment and rehabilitation program, reside at a facility or treatment
center.
C. Residents of a public or
private nonprofit group living arrangement facility, who are blind or a person
with disabilities.
D. Women or
women and their children who are temporarily residing in a public or private
nonprofit shelter for battered women and children.
E. Residents of public or private nonprofit
shelters for homeless persons.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.