4211 Included Members - The following individuals living in the household must be included in the food assistance household even if they claim they do not customarily purchase and prepare a majority (over 50%) of meals together for home composition:
Children under 18 years of age under
the parental control of a member of the household. Foster children
and children in the permanent guardian subsidy program under 18 years
of age under the parental control of a member of the household shall
be treated as boarders per 4220 unless
the household requests that the foster children be included as household
members.
A child age 18 - 21 living with
a parent (natural, adoptive, or step), including when the child also
lives with his or her spouse or his or her children and they purchase
and prepare meals separately;
A spouse of a member of the household.
Spouses are considered to be living together even when one spouse is
away from home for purposes of employment or education/training, provided
they return home at least one day a month.
NOTE: See the definition of spouse in
Definition of Common Terms, Appendix
item X-6.
NOTE: The boyfriend father of an unborn child shall not
be considered a parent for the purposes of this provision until the child
is born. Therefore, if the mother and boyfriend father claim that they
separately purchase and prepare their meals, the boyfriend father does
not have to be included on the food assistance case of the mother (provided
there are no other mutual children). When the baby is born, the boyfriend
father must be included on the case the month following the month the
newborn is included on the food assistance case. This will allow time
to gather needed income information, etc regarding the father.
NOTE: Joint Custody Situations -
In situations of joint custody where a child resides with each parent
within a calendar month, and both parents are applying for food
assistance, the parent who has the primary responsibility for
exercising parental control, and for the purchase and preparation of over
50% of the child's meals, may apply and receive food assistance for that
child if otherwise eligible.
Eligibility for food assistance for the child or children in joint custody
(50-50) cannot be split between the separate parents and, therefore, both
parents cannot receive benefits for the same child for the same month.
If neither parent can be shown to be the parent with whom the child resides
and purchases and prepares meals a majority of the time (over 50%) and
no other factor shows that one parent has the primary responsibility for
the child, then the parents must designate which household will include
the child. If the parents will not designate which household will include
the child, then the parent who applied for assistance first will receive
benefits for the child. If only one parent is applying for food assistance
benefits in joint 50-50 situations, then the child(ren) are to be included
in the food assistance household with that parent. This only applies in
joint 50-50 situations where the child(ren) live in the home of each parent
50% of the time. If the only parent applying does not provide over 50%
of the child’s meals, that parent cannot get assistance at all for the
children. No additional statements from either of the parents regarding
the living or eating arrangements of the children should be requested
as they are not needed to provide assistance to the children in a joint
custody situation when only one parent is requesting assistance.