2170 Strikers (Not Applicable to Child Care) - There is ineligibility for assistance when the local office has evidence that a cash assistance client or food assistance household member is participating in a strike. For cash assistance, the individual and all persons in the mandatory filing unit of which the person is a member shall be ineligible for as long as the labor dispute exists even if the individual is otherwise exempt from the work related requirements.
For food assistance, households with striking members shall be ineligible to participate in the Food Assistance Program unless the household was eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. However, such a household shall not receive an increased allotment as the result of a decrease in the income of the striking member(s) of the household.
Contact with union and company officials should be maintained to determine the probable length of the strike and to verify wages received from the company on strike, strikers' benefits, or other aid from the union. However, the services of individuals or organizations who are parties to a strike or lockout shall not be used in the eligibility process except as a source of verification for information supplied by the client. Because of the special income consideration for food assistance households containing one or more strikers, there will be little, if any, possibility for expedited services.
2171 Striker Definition - A striker is defined as anyone involved in a strike or concerted stoppage of work by employees (including a stoppage due to the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. Any employee engaged in a lockout, however, is not deemed to be a striker.
If the company fires the employees while they are on strike or if the employee officially resigns from his or her job while on strike, these provisions no longer apply. However, if the persons gets another job while on strike but does not resign from the struck company, there is still ineligibility.
NOTE: For food assistance, an individual exempt from work registration in accordance with 3210 or 3220, the day prior to the strike, other than those exempt solely on the grounds that they were employed, shall not be deemed to be a striker. This is not applicable to cash assistance and such individual shall still render the mandatory filing unit of which he or she is a member ineligible for cash.
2172 Provisions Specific to Food Assistance
2172.1 Pre-Strike Eligibility - Pre-strike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. This determination should include all factors of eligibility. If the household containing a striker was ineligible to participate the day prior to the strike, the household cannot be certified for food assistance during the strike. If the household was eligible to participate the day prior to the strike, current eligibility shall be determined as outlined in 2172.2.
2172.2 Current Eligibility - Once a determination has been made that the household containing a striker(s) meets the pre-strike eligibility requirement listed above, a determination of current eligibility must be made. Current eligibility shall be determined by considering all factors of eligibility as they exist at application except that the striking member's income before the strike (as calculated for the determination of pre-strike eligibility) shall be compared to the striker's current income and the higher of the two amounts added to the current income of the nonstriking members. To determine benefits (and eligibility for households subject to the net income eligibility standard), income deductions shall be calculated for the month of application as for any other household. Whether the striker's pre-strike earnings are used or his or her current income is used, the earnings deduction shall be allowed if appropriate.
If changes occur subsequent to certification, the household's benefits should be adjusted using normal procedures except that during the strike, striking members must always be attributed pre-strike earnings from the job on which the strike occurred, or his or her current income, whichever is higher.
2172.3 Work Registration - Unless exempt as discussed in 3500, strikers must seek employment and meet all work-related requirements. See 3100.
2172.4 Scheduling Intake - In Areas which do not have an appointment system for taking applications for participation in the program, a great deal of confusion may result if there is a sudden influx of applicants. In order that applicants may be handled in as orderly and timely a manner as possible, consideration should be given to an appointment system on a temporary basis in the affected Area. For example, if there is a large influx of strikers, the worker may advise the applicants that only a certain number can be interviewed during one day and the rest should make an appointment and return later. Group briefing sessions may also be helpful in screening potentially ineligible households. In any event, application forms must be supplied when requested, be accepted when they are presented, and must be processed in accordance with either normal processing standards or expedited service procedures, if necessary.
2172.5 Resources and Verification - Particular emphasis should be placed on determining assets available to the household because of the strikers' recent long-term regular employment. In particular, the possible existence of stocks, bonds, credit union accounts, extra cars, or recreational equipment such as boats and campers should be explored. Since strikers are considered temporarily unemployed, a vehicle customarily used to transport a household member to and from employment shall continue to be excluded during the strike. This exclusion applies to the extent that the fair market value of the vehicle does not exceed $4,650. Verification of resources is only required if the information on the application is unclear or inconsistent with other information on the application, previous applications, or other documented information, or other documented information, and it affects eligibility.