4.411.1
Treatment of Income and Resources of Disqualified and/or Sanctioned
Members
A. Individual household
members may be disqualified for being ineligible non-citizens, for failure or
refusal to obtain or provide a Social Security Number (SSN), for Intentional
Program Violation (IPV)/fraud, for being a fleeing felon, for failing to comply
with a work requirement, or for being a sanctioned ABAWD (Able Bodied Adult
Without Dependents) who has received three (3) months of SNAP benefits within a
thirty-six (36) month period.
B.
During the period in which a household member is disqualified, the eligibility
and benefit level of any remaining members shall be determined as follows:
1. Households containing members disqualified
for IPV or fraud, or a work requirement sanction, or classified as a fleeing
felon:
a. Income, Resources, and Deductible
Expenses
The income and resources of the disqualified household
member(s) shall be counted in their entirety. Resources shall only be
considered if the household is required to meet the resource standard. The
allowable earned income, standard, medical, dependent care, and shelter
deductions shall be allowed in their entirety.
b. Eligibility and Benefit Level
The disqualified member shall not be included when
determining the household's size for purposes of assigning a benefit level to
the household. The disqualified household member will not be included when
determining the household size for comparison against any eligibility standard;
this includes the gross income and net income eligibility limits, or the
resource eligibility limits.
2. Households containing members disqualified
for being an ineligible non-citizen, for failure or refusal to obtain or
provide a SSN, or sanctioned as an ABAWD who has received three (3) months of
SNAP benefits in a thirty-six (36) month period:
a. Resources
The resources of the disqualified and/or sanctioned member(s)
shall be counted in their entirety to the remaining household members if the
household is required to meet the resource standard.
b. Income
A pro rata share of the nonexempt income of the disqualified
and/or sanctioned member(s) shall be counted as income to the remaining
members. This pro rata share is calculated by dividing the income evenly among
the household members, including the disqualified member. All but the
disqualified member's share is counted as income to the remaining household
members. If an ineligible non-citizen is also an ineligible student and
purchases and prepares food with the household, the individual's income shall
be prorated under the ineligible non-citizen provisions.
c. Deductible Expenses
The earned income deduction shall apply to the prorated
income earned by the disqualified and/or sanctioned member that is attributed
to the household. That portion of the household's allowable shelter and
dependent care expenses which are either paid by or billed to the disqualified
member shall be divided evenly among the household members, including the
disqualified member. Legally obligated child support payments are deducted
before prorating income. The shelter expense will be prorated except for the
standard utility allowance (SUA). The full SUA will be added to the other
prorated shelter components if the household qualifies for the SUA. All but the
disqualified member's share is counted as a deductible expense for the
remaining household members.
d. Eligibility and Benefit Level
The disqualified and/or sanctioned member shall not be
included when determining the household's size for purposes of assigning a
benefit level to the household. The disqualified or sanctioned household member
will not be included when determining the household size for comparison against
any eligibility standard, which includes the gross income, the net income
eligibility limits, and the resource eligibility limits.
4.411.2
Treatment of Income and Resources of Other Non-Household Members
A. For those non-household members that have
not been disqualified, such as live-in attendants and ineligible students, the
income and resources of the non-household member shall not be considered
available to the household. Cash payments from the non-household member to the
household will be considered as income to the household. Vendor payments, as
defined in Sections 4.405, H and 4.405, I, shall be excluded as income. Except
for the mandatory telephone allowance, if the household shares deductible
expenses with the non-household member, only the amount actually paid or
contributed by the household shall be deducted as a household expense. If the
payments or contributions cannot be differentiated, the expenses shall be
prorated evenly among persons actually paying or contributing to the expenses
and only the household's pro rata share deducted.
If an ineligible non-citizen is also an ineligible student
and purchases and prepares food with the household, the individual's income
shall be prorated under the ineligible non-citizen provisions.
B. When the earned income of one
or more household members and the earned income of a non-household member are
combined into one wage, the income of the household members shall be determined
as follows:
1. If the household's share can
be identified, the local office shall count that portion due to the household
as earned income.
2. If the
household's share cannot be identified, the local office shall prorate the
earned income among all those whom it was intended to cover and count that
prorated portion to the household.
C. A person who is an ineligible student for
SNAP purposes shall be treated as a non-household member. The other members of
a household containing the ineligible student may be certified. The income and
resources of the ineligible student shall not be considered available to the
other household members for determining the household's income resources and
deductions nor shall the student be considered in determining the household's
allotment.
Notes
10 CCR 2506-1-4.411
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
