4212 Nonhousehold, Excluded and Disqualified Members

 

4212.1 Nonhousehold Members - The following individuals residing with a household shall not be considered household members in determining the household's eligibility, allotment or household size for the standard deduction. Nonhousehold members who are otherwise eligible may participate in the program as separate households.

 

  1. Roomers - Individuals to whom a household furnishes lodging, but not meals, for compensation.
     

  2. Live-In Attendant - Individuals who reside with a household to provide medical, housekeeping, or other similar personal services.
     

  3. Students - Persons described in 2530 who do not meet at least one of the qualifying conditions of 2531.

    NOTE:     If the student is also an ineligible non-citizen, the provisions of 4212.2 (3) apply.

    Also see 6510 (2)(c) for a discussion of the treatment of the students income and 6520 (2) (c) for treatment of the student's expenses.
     

  1. Boarders - Individuals or groups of individuals defined as boarders in 4220, except as specified in that section.
     

  2. Others - Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household. For example, if an applicant household shares living quarters with another family to save on rent but does not purchase and prepare food together with that family, the members of the other family are not members of the applicant/participant household.


  3. Failure to Cooperate with Quality Assurance - Persons who are terminated from food assistance for failure to cooperate with Quality Assurance per 2123 will be excluded household members should any household members join another household that is either receiving or applying for food assistance. Example: Case consists of father and one child. Father refuses to cooperate and the food assistance case is closed. Father and child go to live with the child's mother, already getting food assistance. Father and child are both excluded household members until the father cooperates or provides verification in accordance with 2123.

 

Persons who are not eligible for separate household status in accordance with 4210, shall not be granted non-household member status under this provision.

 

See 6500 for treatment of income and resources of non-household members.

 

4212.2 Excluded Household Members - The following individuals residing with a household shall not be included when determining the household's size for the purpose of assigning a benefit level to the household, of comparing the household's monthly income with the income eligibility standards or when determining the household size for the standard deduction. The resources of such excluded individuals shall be counted in their entirety to the remaining household members. A pro rata share of the income of such excluded persons shall be considered available to the remaining household members as specified in 6510 (2) (a) and 6520 (2) (a).

 

Excluded household members may not participate in the Food Assistance Program.

 

  1. Failure to Provide or Apply for SSN - Individuals excluded for failure to provide or apply for a Social Security number as set forth in 2130.
     

  2. Ineligible ABAWDs - Persons who have received their 3-month-time-limited benefits and no longer qualify for food assistance.
     

  3. Ineligible Non-citizens - Individuals who do not meet the citizenship or eligible non-citizen status requirements of 2140.
     

  4. Noncompliance With Food Assistance Work-Related Requirements - Individuals disqualified for noncompliance with food assistance work related requirements per 3510, including Potential Employment provisions of 3540.
     

  5. Comparable Treatment for TANF Disqualifications - Individuals determined ineligible due to the provisions of 2550.


  6. Persons disqualified from the Food Distribution Program on Indian Reservations (FDPIR) and the disqualification is being applied to the food assistance program for the remainder of the FDPIR disqualification period. Also see 2151 and 11221.1.

  7. Child Support Services Cooperation- Individuals determined to not be cooperating with child support services without good cause.

 

See 6500 for treatment of income and resources of excluded household members.

 

4212.3 Disqualified Household Members - The following individuals residing with a household shall not be included when determining the household's size for the purposes of assigning a benefit level to the household or of comparing the household's monthly income with the income eligibility standards. The entire income and resources of a disqualified household member shall be considered available to the remaining household members as specified in 6510 (2) (b). These persons will be included when determining the 130% reporting threshold for simplified reporting cases. See 9122.5.

 

Disqualified household members may not participate in the Food Assistance Program.

 

  1. Fraud - Individuals disqualified for fraud as set forth in 11221.
     

  2. Fleeing Felons and Probation/Parole Violators - Individuals disqualified as a fugitive from justice by reason of a felony conviction or charge or in violation of a condition of probation or parole imposed under federal or state law. See 2182.


  3. Unwilling or Unable to Provide Immigrant Documentation – Non-citizens who are unable or unwilling to provide immigrant documentation per 2143.4.

  4. Drug Felony related conviction – Individuals convicted of a drug related felony on or after July 1, 2015. See 2184.

 

See 6500 for treatment of income and resources of disqualified household members.

 

NOTE: Special provisions may be needed for cases with a disqualified household member and a benefit reduction is occurring. See 11126.1 (4).

 

NOTE: The household loses it's special status per KEESM 7420 if the disqualified individual is the only member of the household that is elderly or disabled.

 

4213 Individuals or Groups Who May Not Participate - Individuals or groups may not participate in the Food Assistance Program, either as a separate household or as a member of a household, if:
 

  1. They are residents of an institution, except as specified in 4230;
     

  2. They meet the definition of a boarder in 4220, except as specified in that section.