1416 Procedures for Destitute Migrant Households (Food Assistance Program Only) - Migrant or seasonal farm worker households may have little or no income at the time of application and may be in need of immediate food assistance, even though they receive income at some other time during the month of application. The following procedures shall be used to determine when migrant or seasonal farm worker households are destitute and, therefore, entitled to special income calculations. These special calculations shall be applied only at the time of application or reapplication, to the first month of the review period. Households other than migrant or seasonal farm worker households shall not be classified as destitute.

 

Migrant or seasonal farm worker households whose liquid resources do not exceed $100, and who are found eligible for the special destitute income calculations contained in this section shall also be provided expedited service. Refer to 1415.1 for the procedures and time frames for expedited service.

 

1416.1 Determining if a Household is Destitute - Migrant or seasonal farm worker households shall be considered destitute if:
 

  1. Income from a Terminated Source - The household received their only income for the month of application prior to the date of application from a terminated source.
     

    1. If income is received on a monthly or more frequent basis, it shall be considered as coming from a terminated source if it will not be received again from the same source during the balance of the month of application or during the following month.
       
    2. Income normally received less often than monthly (e.g., every two months or quarterly) shall be considered as from a terminated source if it will not be received in the month in which the next payment would normally be received.

      For example:       If income is received on a quarterly basis (i.e., January 1, April 1, July 1, and October 1) and the household applies in mid-January, the income should not be considered as coming from a terminated source merely because no further payments will be received in the balance of January or February. The test for whether or not this household's income is terminated is whether the income is anticipated to be received in April. OR

  2. Income From a New Source - The household's only income for the month of application is from a new source and the household anticipates that no more than $25 from this new source will be received by the 10th calendar day after the date of application.
     

    1. Income which is normally received on a monthly or more frequent basis shall be considered to be from a new source if income of more than $25 has not been received from that source within 30 days prior to the date the application was filed.
       
    2. If income is normally received less often than monthly, it shall be considered to be from a new source if income of more than $25 was not received within the last normal interval between payments.

      For example:       If a household applies in early January and is expecting to be paid every 3 months, starting in later January, the income shall be considered to be from a new source if no income of more than $25 was received from the source during October or since that time. OR

  3. Income from a Terminated Source and a New Source - Households may receive both income from a terminated source prior to the date of application and income from a new source after the date of application, and still be considered destitute if they receive no other income in the month of application and income of more than $25 from the new source will not be received by the 10th day after the date of application.

 

1416.2 Income to be Considered When Determining if a Household is Destitute - All income not specifically excluded per 6400 shall be considered in determining if a household is eligible for the special destitute provisions. A migrant farm worker's source of income shall be considered to be the grower for whom the migrant is working at a particular point in time, and not the crew chief. A migrant who travels with the same crew chief but from one grower to another shall be considered to have moved from a terminated source to a new income source. In addition, the following special income considerations shall be made to income available to the migrant household:

 

  1. Travel Advances - Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. To the extent that these payments are excluded as reimbursements, receipt of travel advances will not affect the determination of when a household is destitute. However, if the travel advance is, by written contract, an advance of wages that will be subtracted from wages later earned by the employee, rather than a reimbursement, the wage advance shall count as income. In addition, the receipt of a wage advance for the travel costs of a new employee shall not affect a determination of whether subsequent payments from the employer are from a new source of income nor whether a household shall be considered destitute.

    For example:    If a household applies on May 10, has received a $50 wage advance for travel from its new employer May 1, which by written contract is an advance on wages, but will not start receiving any other wages from the employer until May 30, the household shall be considered destitute. The May 30 payment shall be disregarded but the wage advance received prior to the date of application shall be counted as income. 

     

  2. Prorated Income - Households whose income must be averaged on an annual basis or averaged over the period the income is intended to cover, as required by 7122, shall have the income averaged and assigned to the appropriate months of the review period before determining whether a household is destitute. If the averaged income does not come from a new or terminated source and is assigned to the month of application, the household shall not be considered destitute. For example:

    A self-employed household whose total annual income is received in a few months in the year shall not be considered destitute simply because it does not receive payments in those months.
     

    If the income which must be averaged is itself from a new or terminated source, the receipt of the income in the month of application may result in a destitute determination if the averaged amount for the month of application is from a new source and will not be received by the 10th day after the date of application.
     

  3. Earned Income from Same Source - In the following situations, households will not qualify as destitute.
     

    1. When a household member changes jobs but continues to work for the same employer, he/she shall be considered as still receiving income from the same source.
       

    2. When a self-employed household member secures contracts or other work from different clients, he/she shall still be considered as receiving income from the same source.
       

  4. Income Calculations for Households Who are Found to be Destitute - Destitute households that apply outside a current review period shall have their eligibility and level of benefits for the month of application determined by considering only that income which was received between the first of the month and the date of application. Any income for that month received on or after the date of application shall be disregarded, and the household shall be eligible for expedited service if their liquid resources do not exceed $100. Refer to 1415.1.