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

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.

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.

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.

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 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.

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.

Certain EAEDC elderly recipients (age 65 or older) may now be eligible and must reapply for SSI benefits because of a change in their noncitizen status or more up-to-date information on their work history. They were initially denied SSI because of their noncitizen status. Some of these recipients may also be disabled with a disability expected to last 12 months or more. In addition to reducing Department costs, encouraging applicants/recipients to apply for and follow through with the SSI process ensures a greater cash benefit for the recipient once the SSI is approved.

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).

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.

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. 

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.

A disabled noncitizen adult who does not qualify for TAFDC because he or she does not meet TAFDC noncitizen requirements may qualify for EAEDC as a disabled individual, if he or she meets all EAEDC requirements.

Reminder to case workers that 1) they must tell applicants that even if they are not personally eligible for benefits a family member may be, 2) once a person indicates an unwillingness to provide verification of immigratin status or social security number, the case worker must stop asking for such verification, and 3) case workers must not report any applicant or recipient to ICE except in the rare situation where the person gives the case worker a copy of a deportation order.

EAEDC recipients must work toward citizenship if able to become a citizen within the next three years. This FYI explains case worker obligations to assist with the process, and explains that case workers may not require verification of efforts to become a citizen at application or deny an application for failure to verify it. Once a recipient, an EAEDC recipient may face termination if he or she refuses to cooperate without good cause. The FYI contains a list of good cause reasons.

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

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.

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.

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.

TAFDC and Food Stamp benefits for eligible adult with child who is ineligible alien; TAFDc caretaker exemption not dependent on relationship; EAEDC-- doctor signing Medical Report does not have to be Mass Health provider.

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

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.

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;

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.

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.

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.

EA eligibility for families where at least one member is PRUCOL; DTA obligation to take applications; EA shelter applications for disaster victims.

TAFDC: exclusion of teen parent's baby from assistance unit of teen parent's mother (so the baby can keep child support); FS: mortgage payments beyond what is required are not deductible; TAFDC: recipient living in development with federal subsidy entitle to rent allowance if no Section 8 or MRVP in use; TAFDC: ineligible immigrants with children on TAFDC and proration of shelter costs (none if parent has no  income).

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.

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.

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.