Attached is an 11/14/08 memo from Art Foley of USDA instructing the mid-Atlantic region (and rest of the country) that they should accept as verification of income the paystubs of an immigrant working under the name and SSN of another individual. USDA instructs states that income verification used to verify income need not match with documents used to verify identity, and that if a household has a reasonable explanation for the discrepancy in the workers name on the earnings records, the verification and that explanation should be accepted. USDA further instructs that states should not report or disclose the fact of a name and SSN of another being used by another to anyone outside of the state agency (e.g. law enforcement or immigration). This is terrific guidance and hopefully will address those few situations where households have earnings but are reluctant to report the information.

Who counts as a licensed medical professional for purposes of the form verifying disability of noncitizen elder on Food Stamps; expedited Food Stamps still requires inquiry about assets for individuals who fit into new categorical eligibility categories.

There are about 2,000 EAEDC noncitizen elders who are not getting food stamps because of the federal 5-year bar. These elders can now qualify for food stamps if a doctor verifies that the individual has a severe mental or physical impairment that will last 12 months or result in death and prevents substantial gainful activity in light of the person's age, education, and work experience. Initially, DTA will give EAEDC elders the form at application, redetermination and other times when the person is in the office. Eventually, DTA will do outreach to these clients. Even if an elder is not scheduled for any contact with the local office, they can bring in the completed form (or fax it to the worker)and ask to apply for Food Stamps.

Due to recent federal legislation, Iraqi and Afghan noncitizens who have been granted special immigrant status are eligible for certain public assistance programs, including TAFDC and Food Stamps, for a limited time period. Afghan noncitizens with special immigrant status and their family members are eligible for benefits for up to six months. Iraqi noncitizens with special immigrant status and their family members are eligible for benefits for up to eight months. Once the six- or eight-month period ends, these individuals and their families are subject to the five-year bar on receipt of public assistance unless they qualify for benefits under another qualified noncitizen status.

In order to receive benefits, these noncitizens must meet all other eligibility requirements. 

An FYI to DTA staff on expired immigration documents, explaining that an expired document does NOT mean expired immigration status!!

What case workers should do when some members of a household are eligible immigrants and some are ineligible immigrants for Food Stamp purposes; How case workers should determine and enter medical expenses.

Immigrants do NOT have to self-petition under VAWA to be eligible for benefits as a battered noncitizen. If the person immigrated through a spouse or parent and are battered, they are eligible. The FYI explains how to figure out if an immigrant has any of the qualifying immigration statuses.

Battered noncitizens: verifying status for TAFDC and Food Stamps; eligibility for Food Stamps.

This Field Operations memo issues procedures for processing Legal Permanent Residents (LPRs) who have resided in the U.S. as a qualified noncitizen or five years but who do not provide sponsor deeming information; and describes a report that identifies  AUs requiring AU Manager review to determine whether or not FS benefits need to be recalculated for the next cyclical period.

FNS response that led to state adopting better calculation for Food Stamps for families where a documented immigrant does not provide sponsor information.

Relocation benefits: eligibility by type of shelter, eligibility by type of housing being moved into, and what the benefits can be used to pay for; TAFDC and Food Stamp eligibility when the adult is an eligible alien but the child is an ineligible alien.

TAFDC: Caring for a disabled family member exemption redetermination and conseqences; TAFDC and Food Stamps when only child in household is ineligible immigrant; Food Stamps: gift cards not countable.

Correction to Q and A on funeral benefits from April 2006; citizenship status of children of naturalized citizens; calculating 5 year period of ineligibility for certain qualified noncitizens.

FS and TAFDC eligibility for LPR children and adults in country less than 5 years; when verification of citizenship is and is not required.

Food Stamps: Legal Permanent Residents in the country less than five years who are eligible for Food Stamps; citizenship verification.

There are three types of “Alternative” SSN identifiers used by the Department to identify recipients who cannot be identified with valid SSNs. The first two numbers of these “Alternative” SSNs are always “99.”

This is very comprehensive guidance designed to advise DTA workers on how to handle applications from battered non-citizens and their children. DTA drafted this guidance with the extensive input from MLRI and Greater Boston Legal Services. Also attached is an MLRI summary of important points regarding battered noncitizen eligibility.

Reminds case workers how to determine immigrant eligibility for Food Stamps, and explains how the Legal Food Stamp Disqualified tab on Beacon should be used.

Refugees participating at least half time in a recognized refugee training program are exempt from Food Stamp work requirements. Students enrolled half time in a recognized training program are also exempt.

Consistent with the Agency’s mission to serve all clients with dignity and respect, the Department of Transitional Assistance reviewed its procedures for processing TAFDC and FS applications, particularly applications from households with noncitizens.

The Systematic Alien Verification for Entitlements (SAVE) Program Office, within the Department of Homeland Security, is responsible for administering the SAVE Program. The SAVE Program is used to verify a noncitizen’s immigration status by using the noncitizen’s alien registration number (“A” number). The noncitizen verification is provided primarily through the Verification Information System (VIS).

Effective October 1, 2003, the Farm Bill restores food stamp eligibility to qualified noncitizen children under 18 years old, regardless of their date of entry into the United States (see 106 CMR 362.220(A)). In addition, beginning October 1, 2003, eligible children will be exempt from Noncitizen Sponsorship Deeming requirements.

Treatment of earned income of undocumented and documented immigrants not on grant in FS and TAFDC programs;  pre-paid calling card not a utility for FS SUA purposes.

Effective April 1, 2003, the Farm Bill restored food stamp eligibility to Legal Permanent Residents and other qualified noncitizens as defined in 106 CMR 362.240 who have lived in the United States for five years or longer. Based on BEACON noncitizen information, 1,630 noncitizens (former SSFSP recipients) do not appear eligible for federal food stamp benefits This field operations memo: * Discusses the notice that was sent to noncitizens (former SSFSP recipients) that do not appear eligible for federal food stamp benefits. * Provides information regarding a report of these ineligible noncitizens. This report will be sent separately by e-mail.

DTA chart listing the immigration statuses and verifications required for EAEDC, TAFDC and Food Stamp benefits.

This Field Operations memo: · Identifies the noncitizens subject to sponsor deeming; · Lists the noncitizens exempt from sponsor deeming; · Defines the duration of sponsor deeming; · Provides instructions for determining the income to be deemed from the sponsor; and · Provides instructions for determining the asset to be deemed from the sponsor.

This Field Operations Memo: · Discusses the BEACON automatic restoration of noncitizens into existing FS AUs; · Transmits a copy of the notice (Attachment A) that will be sent to the existing FS AUs that contain noncitizens automatically opened for federal food stamp benefits; and · Provides information regarding a list that identifies existing FS AUs that contain noncitizens automatically opened for federal food stamp benefits.

Effective April 1, 2003, the Farm Bill restores food stamp eligibility to qualified noncitizens as defined in 106 CMR 362.240 who have lived in the United States for five years or longer.

Budget shortfalls caused the Department to implement a funding reduction for the SSFSP in May 2002. Since then, eligible SSFSP participants received full benefits for July 2002, and partial benefits for August 2002. Because the Department has depleted all funding for the current fiscal year, the Department must formally shut down the Program. This Field Operations Memo gives AU Managers procedures for processing noncitizen applicants and recipients impacted by the elimination of this Program.

FS: How to count escrowed tax payments for homeowners' shelter deduction; FS: Methods of determining whether a job meets the work requirement; FS: Coding of undocumented immigrants.

Detailed USDA Guidance of January 2003 on how states must implement various immigrant eligibility provisions including the upcoming Farm Bill five-year residency rule, sponsor-immigrant deeming, sponsor liability, determining 40 quarters of work history, treatment of income and assets of ineligible immigrants, reporting illegal and indigent immigrants, public charge, verification of immigrant status and more.

One of the provisions of the Food stamp Fram Bill of 2002 is the restoration of food stamp eligibility to qualified noncitizens who are otherwise eligible and who are receiving or are certified to receive disaiblity benefits regardless of the date of entry into the U.S.

Riverside rule: If TAFDC recipient has sanction lifted, case worker has to remove manually entered income to avoid overissuance of Food Stamps.
Immigrant eligibility: An immigrant can be eligible for Food Stamps via 40 quarters of work from her parents' work history from the time she was under 18 years old. Adult immigrants who entered the country as children should be screened for eligibility based on their parents' combined work histories.

TAFDC: failure to verify Learnfare school attendance results in child being removed from grant, not termination of whole family's grant;  Busiral benefits: counting of assets; FS: Refugee training programs that count toward exemption from work requirement; TAFDC: child support for child on SSI not countable; EA: pregnant woman is eligible at any time during pregnancy.

Actual utility costs should only be used if the exceed the SUA; otherwise the SUA must be allowed if the person pays the utility. Immigrants who get TAFDC disability exemptions are eligible for federal Food Stamps if DES finds that their disability meets or equals SSI criteria.

DES Disability Tracking Forms from TAFDC and EAEDC programs qualify recipients as disabled under the Food Stamp rules if they say that the person meets or equals SSI criteria (codes 100 and 110). This can result in waived face to face interview requirement, no gross income test, uncapped shelter deduction, work requirement exemmption, and different income standards. Also, some immigrants become eligible for Food Stamps based on having a qualifying disability status. The FYI provides details.

TAFDC and FS: Noncitizen deeming-- multiple issues.

TAFDC: Teen parent outreach service referrals; FS: how to treat conflicting information about SSI amounts; FS: SSI recoupment must be considered in determining income-- SSI recoupment is not treated the same as TAFDC sanctions for FS purposes; FS eligibility for refugees; TAFDC: recipient may be eligible for DV waivers even if batterer is in prison.

TAFDC: recipients enrolling in community college near end of time limit eligible for child care and transportation but may not get extension; time clock in two-parent households and households where one parent moves out; accessing EBT cards out of state; FS: immigrant work quarters; TAFDC: eligibility for pregnant women with family cap date and no children living with them; TAFDC: time clock for recipient denied disability exemption; TAFDC: exemptions for parent with child under two who has gotten waiver or exception to family cap rule.

FS: income for sanctioned teen parent; TAFDC: Monthly reporting stops when wage earner moves out of household; FS: crediting spouse's or parent's work quarters for immigrants;

Student financial aid verification forms; FS anf TAFDC: Aliens with DV code admitted through diversity lottery; FS: excess income of institutionalized child; FS: residents of battered women's shelters eligible for FS even if shelter provides meals; FS: timeframe for inputting addition of new family member to raise benefits; FS: handling of FS cases for refugees not receiving TAFDC.