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Questions and Answers Regarding the Food Stamp Program (FSP)
Certification Provisions of the Farm
Bill |
Attached are questions and answers in response to issues raised by
States since the issuance of our two earlier sets of questions and
answers, clarifying the certification provisions of the Farm Security and
Rural Investment Act of 2002, Public Law 107-171, (Farm Bill), which was
enacted on May 13, 2002.
Section 4401 – Partial Restoration of Benefits to Legal
Immigrants (Various effective dates.)
Question 4401-10: A qualified alien entered the U.S. on April
20, 1998. He initially applies for food stamps sometime in March 2003 or
on or after April 1st but prior to April 21, 2003. Does he gain
eligibility under the 5-year residency requirement on April 1st, April
21st, or not until May 1st? Answer: A qualified alien who has
been in the U.S. for 5 years gains eligibility on April 1, 2003. In the
example, an immigrant that enters the U.S. under a qualified status on
April 20, 1998, will not have been here for 5 years until April 21, 2003,
and would not gain eligibility until April 21, 2003.
Question 4401-11: Same as 4401-10, except the qualified alien is
currently an ineligible member of a food stamp household. Would we add the
ineligible, qualified alien under the 5-year residency rule effective for
benefits for April 1st or May 1st? Answer: The State agency
would add the newly eligible alien following the procedures at 7 CFR
273.12(c). If adding the alien would increase benefits, the change would
be effective the month following the month the change was reported. If
adding the alien would decrease benefits, the change would not be
effective until the effective date of the notice of adverse action.
Question 4401-12: Do State agencies still have the option as
stated in the September 21, 2000, Policy Guidance Regarding Inquiries into
Citizenship, Immigration Status, and Social Security Numbers to allow
individual family or household members to choose to be non-applicants
early in the application process? Answer: Yes, this is
still a State agency option.
Question 4401-13: A person is a non-applicant if they don’t
provide a social security number (SSN) or immigration status. Is there a
difference between non-applicants and ineligible household
members? Answer: No, there is no difference between
non-applicants and ineligible household members. The September 21, 2000,
guidance allows State agencies to treat as non-applicants those who do not
provide their immigration status or SSN. The option allows the State
agency to effectuate the disqualification in a non-threatening manner.
Nonetheless, the household member is considered ineligible, whether the
State agency allows the individual to choose to be a non-applicant early
in the application process or if the individual is disqualified in the
middle of the process for failure to disclose immigration status or a SSN.
Non-applicants and ineligible household members are still required to
provide information relation to income, resources, and other eligibility
factors as needed to determine eligibility for the other household
members.
Question 4401-14: Isn’t it difficult to verify information
without a SSN? What about Quality Control (QC) errors if a non-applicant
immigrant doesn’t provide the SSN? Answer: QC reviewers do
not use the non-applicant’s SSN, even if they become aware of the SSN
during a review. However, the reviewer does fully explore the
circumstances that must be applied to the case under review. State
agencies can request that the immigrant voluntarily provide the SSN so
long as they explain that their SSN will only be used to verify
information needed to determine eligibility, such as income and resources,
and will not be released to immigration authorities. However, if the
immigrant declines to provide the SSN, then State agencies must use other
means of verification such as an employer’s statement, pay stubs, or other
documentation.
Question 4401-15 (modified, as of 5/23/03): Can indigent aliens
“opt into” sponsor deeming to avoid U.S. Attorney General
notification? Answer: State agencies should do their best
to reassure immigrant households that neither receipt of food stamps nor
U.S. Attorney General notification will affect their immigration status or
ability to become U.S. citizens. Moreover, FNS encourages State agencies
to fully explain the indigence policy and its ramifications to sponsored
aliens during the application process. However, State agencies
may allow sponsored aliens to decline the indigence determination, if they
express reservations about the requirement to report such determinations
to the U.S. Attorney General. Workers should carefully explain that if
deeming rules are applied to their case, the household may receive fewer
benefits or may not be eligible at all. The eligibility worker (EW) should
document the case record of anyone choosing to opt into deeming to avoid
QC errors.
Question 4401-16: Some of our currently ineligible immigrants
are not subject to deeming under our State food stamp program, but will be
subject to deeming under the Federal food stamp program. Should deeming
begin April 1, 2003, when these immigrants become eligible, or at the
household’s next recertification? Answer: Deeming rules
apply when a State transfers an immigrant from its state food stamp
program to the Federal food stamp program. If the sponsored immigrant is
eligible for food stamps on April 1, 2003, then deeming rules apply,
unless the immigrant is indigent.
Question 4401-17: What is considered “in-kind” assistance when
making an indigence determination? Answer: 7 CFR
273.9(c)(1) states, “In-kind benefits are those for which no monetary
payment is made on behalf of the household and include meals, clothing,
housing, or produce from a garden.” The Food and Nutrition Service (FNS)
has not established specific procedures for State agencies to follow in
assigning a monetary value to in-kind assistance. Therefore, State
agencies have discretion to establish their own methods of
evaluating in-kind assistance. The in-kind monetary value is only
taken into consideration for making the indigence determination. It is not
considered when determining eligibility or benefit levels for the
immigrant household. State agencies also have discretion in determining
the types of in-kind assistance to count in making the indigence
determination. State agencies may decide to exclude the value of in-kind
assistance that does not have a bearing on the household’s ability to
obtain food and shelter, such as, the value of assistance that is not used
to meet normal living expenses.
Question 4401-18: Aren’t refugees, asylees and other qualified
aliens who fall under the 7-year rule eligible indefinitely after 5
years? Answer: Yes. The 5-year residency rule effectively
eliminates the 7-year time limit on food stamp participation of certain
qualified aliens, so State agencies may remove the 7-year criteria from
their policy and immigrant training materials, as long as it's clear that
such aliens are eligible from the date they acquired the requisite
immigration status.
Question 4401-19: Do State agencies have to track clients who
became eligible in the middle of a certification? Answer: No, no
tracking is required. It’s up to the household to report changes in the
status of non-citizens. State agencies must follow the rules at 7 CFR
273.12(c) to add the person if reported prior to recertification.
Question 4401-20: Do State agencies have to track the age of
certain immigrants to determine continuing eligibility when an immigrant
turns 18? Answer: Yes, as it is information already known to
State agencies.
Question 4401-21: Do State agencies have to determine if an
alien has been in the U.S. continuously without a break in
residency? Answer: No, Immigration and Naturalization Service
determines if the immigrant’s status should be adjusted due to a lapse in
residency.
Question 4401-22 (new, as of 5/23/03): May a State agency
develop an administrative process which requires an eligible sponsored
alien to provide consent before release of information to the Attorney
General or the sponsor? What is the result if a sponsored alien fails to
grant consent or otherwise fails to provide the information necessary for
purposes of deeming the income of the sponsor? Answer: Immigrant
advocacy organizations have suggested that sponsored aliens may have
concerns about retaliation by sponsors or fear that receiving benefits
will have a negative impact on their immigration status if a determination
that they are indigent is reported to the Attorney General. These groups
feel that many sponsored aliens will learn of the Attorney General
notification and sponsor liability requirements only after they have
disclosed their immigration status and SSN. Under these circumstances they
may withdraw the entire food stamp application resulting in other
household members, in many cases U.S. citizen children, losing the
opportunity to receive benefits. We believe it is within
the discretion of the State agencies to utilize a process under which
information about the sponsored alien is not shared with the Attorney
General or the sponsor without consent so long as the sponsored alien is
made aware of the consequences of failure to grant consent or failure to
provide any other information necessary for the purposes of deeming the
sponsors income to the alien. Pursuant to 7 CFR 273.4(c)(5), until the
alien provides information or verification necessary to carry out the
deeming requirements the sponsored alien is ineligible.
The State agency must determine the eligibility of any remaining household
members. The State agency must consider available to the remaining
household members the income and resources of the ineligible alien
(excluding the deemed income and resources of the alien’s sponsor and
sponsor’s spouse) in determining the eligibility and benefit level of the
remaining household members. Under these circumstances, failure to provide
consent to disclose information to the Attorney General or the sponsor
would be tantamount to failure to provide the information, thus rendering
the sponsored alien ineligible.
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