SR 03-06 Dated 04/03

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

OÁ*This SR releases an additional category by which a qualified alien may be eligible for food stamp benefits as long as all other program requirements are met. Effective April 1, 2003, aliens who have lived in the U.S. for a period of five (5) years or longer from their date of entry into the U.S. with the status of qualified alien are eligible for food stamp benefits.

This SR also releases:

·   related clarifications to:

-   sponsor-to-immigrant deeming in the food stamp program. Income and resources of sponsors are deemed to an alien until the alien can be credited with 40 quarters, the sponsor dies, or the alien becomes a naturalized citizen;

-   the renaming of INS to the Bureau of Citizenship and Immigration Services (BCIS);

-   reporting illegal and indigent aliens. In addition to reporting illegal aliens to the BCIS, Family Services Specialists (FSS) must also report indigent aliens and alien sponsors sued for not supporting the alien to the U.S. Attorney General; and

-   determining alien eligibility when verification of alien status is pending. New policy permits aliens to participate in the Food Stamp Program for up to 6 months when the District Office has requested verification of immigration information from a Federal Agency other than BCIS.

·   unrelated food stamp program policy clarifications regarding:

-   ineligible students participating in work-study;

-   the definition of homeless household;

-   stop payment check procedures; and

-   determining the Standard Utilities Allowance (SUA) in regards to LIHEAP, surcharges for excess usage, and roomers.

·   an unrelated policy clarification in which the 30-day timeframe for placing a reimbursement lien against property owned by applicants and recipients of APTD and OAA cash assistance is eliminated. Associated revisions were also made to Form 770, Reimbursement Agreement and Acknowledgment, and its instructions; and

·   unrelated technical corrections to AAM 100 and FAM 100.

The following chart summarizes the change in alien eligibility food stamp policy:

POLICY

Food Stamp Eligibility for Qualified Aliens Residing in the U.S. for 5 Years

Effective April 1, 2003, qualified aliens who have lived in the U.S. for a period of five (5) years or longer from their date of entry into the U.S. with the status of qualified alien, will be eligible for food stamp benefits as long as all other program requirements are met.

The following describes potential situations in which the new 5-year residency criteria may affect food stamp eligibility for current cases:

·   qualified aliens who were in the 7-year time limited restricted category for food stamp benefits (e.g., refugees, asylees, individuals whose deportation has been withheld, Cuban or Haitian entrants, and Amerasian immigrants) will, upon reaching the 7-year food stamp closing date, be eligible for food stamps on an unrestricted basis under the 5-year residency criteria as long as all other program requirements are met;

·   qualified alien children upon reaching the age of 18 may become eligible for food stamp benefits on an unrestricted basis under the 5-year residency criteria, or they may be ineligible for a period of time until the 5-year residency criteria or another eligibility criteria is met;

·   qualified aliens who are lawfully admitted permanent residents (LPR) will be eligible for food stamp benefits once the LPR has met the five-year residency eligibility criteria, regardless of work quarters earned upon reaching that 5-year mark. Meaning that an LPR may obtain eligibility for food stamps by either being able to credit 40 work quarters or by residing in the U.S. for 5 years, whichever happens first.

ALIEN RELATED POLICY CLARIFICATIONS

Sponsor-to-Immigrant Deeming in the Food Stamp Program

Sponsors who bring immigrants to the U.S. must demonstrate that they can provide enough financial support to the immigrant or immigrant’s child so that these individuals do not have to rely on public benefits. If the immigrant must subsequently apply for food stamp benefits, the income and resources of the immigrant’s sponsor (and the sponsor’s spouse) who has signed a legally binding affidavit of support are deemed to the immigrant, regardless of actual availability, when determining food stamp eligibility and benefit amount. Most individuals who immigrate to the U.S. as family members must now have a sponsor, and affidavits of support filed on or after December 19, 1997 are legally enforceable. Sponsor-to-immigrant deeming principles apply to all sponsors with legally binding affidavits of support. However, sponsor-to-immigrant deeming does not apply for all aliens.

The following groups are not subject to deeming:

·   Immigrants whose sponsor has not signed a legally binding affidavit of support. This category includes those lawfully admitted permanent residents (LPRs) who became LPRs or whose sponsors signed affidavits of support before December 19, 1997.

·   Immigrants without sponsors. Some aliens enter the country and do not have sponsors or are sponsored by an organization or group, so are not legally liable for the alien or subject to deeming requirements. Included in this group are refugees, asylees, individuals granted withholding of deportation, Amerasians, and Cuban or Haitian entrants.

·   Indigent Exception. An alien is considered indigent if the sum of the immigrant’s income and any financial or in-kind assistance provided by the sponsor is less than or equal to 130 percent of the poverty income guideline. Each indigence determination is effective for 12 months and during that 12 months, deeming from the sponsor does not apply.

·   Battered Spouse or Child Exception. Deeming does not apply during any 12-month period if the alien is a battered spouse, battered child or parent, or child of a battered person providing the battered alien lives in a separate household from the person responsible for the battery.

·   Sponsor in same food stamp household. If the sponsor lives in the same household as the alien, deeming does not apply because the sponsor’s income and resources are already counted. There is, however, no deeming exemption if the sponsor receives food stamps in another household.

·   Ineligible Member. If the sponsored alien is ineligible for food stamps because of immigration status (i.e., not a qualified alien), the sponsor’s income is not deemed to other eligible members of the immigrant’s household.

In addition, deeming of the sponsor’s income and resources to the alien is no longer time-limited to 3 years. Sponsor-to-immigrant deeming lasts until:

·   the sponsored alien becomes a naturalized citizen;

·   the sponsored alien has worked or can be credited with 40 qualifying quarters of work; or

·   the sponsor dies.

The Food Stamp Manual was revised accordingly.

Renaming of INS

Effective March 1, 2003, Immigration and Naturalization Services (INS) was transitioned into the Department of Homeland Security, Bureau of Citizenship and Immigration Services (BCIS). All functions, responsibilities, and services were retained in this transition.

The FSM pages released by this SR have been updated accordingly.

Reporting Illegal and Indigent Aliens

In addition to notifying BCIS within 10 days whenever a household or assistance group member proves to be an illegal alien, FSS must also notify the U.S. Attorney General within 10 calendar days when:

·   the alien sponsor is sued for not supporting the alien (i.e., does not abide by the legally binding affidavit of support discussed above) and a final civil judgment against the sponsor has been obtained; or

·   it is determined that an alien is indigent and consequently exempt from sponsor-to-immigrant deeming.

Clarifications have also been made to current policy regarding reporting illegal aliens. Policy currently states that aliens must be reported to BCIS when the alien presents a deportation order or admits to being illegal. Policy has been revised to state that an alien must be reported to BCIS when:

·   there is an admission by the applicant, another household member, or the household’s authorized representative, that illegal aliens are present in the household;

·   BCIS documents presented by the household during the application process are determined to be forged; or

·   a formal order of deportation or removal is presented by the household during the application or recertification process.

NOTE: Inability or unwillingness to verify non-citizen status is not sufficient for a determination of illegality.

Verification of Alien Status

Most immigrants who have entered the U.S. legally are in possession of documents issued by the BCIS which contain information about that individual’s immigration status and the date that individual entered the country or adjusted to the status shown on the card. In general, it is the responsibility of the applicant/recipient to provide these BCIS documents. Current policy states that until acceptable documentation is provided, an alien is ineligible for food stamp benefits unless:

·   the District Office has submitted a copy of a document provided by the household to the BCIS for secondary verification (currently described in FSM 305.23, Verification of Qualified Alien Status, and FSM, 305.25, When INS Responds Late); or

·   the individual provides documentation that the SSA is conducting an investigation to determine if more quarters of work coverage can be credited. Pending the results of the SSA investigation, and if otherwise eligible, the individual may participate in the Food Stamp Program for up to 6 months from the date of the SSA’s original finding that the number of qualifying quarters was insufficient (currently found in FSM 305.19, Crediting SSA Work Quarters).

New policy also permits aliens to participate in the Food Stamp Program for up to 6 months when the District Office has requested verification of immigration information from a Federal Agency other than BCIS.

The above exceptions are now grouped in one area, FSM 305.21, Documentation of BCIS Status, to facilitate ease of access to this policy. As a result, text found in FSM 305.25, When INS Responds Late, was found to be redundant and therefore the text was removed.

UNRELATED POLICY CLARIFICATIONS IN THE FOOD STAMP PROGRAM

Students Participating in Work-Study

Per policy and federal regulations, students participating in a work-study program are eligible for food stamp benefits. There is no minimum hourly or wage requirement for student participation in a work-study program, however:

·   the work-study program must be approved at the time of application for food stamps;

·   the work-study program must be approved for the school term; and

·   the student must anticipate actually working during the school term.

Eligibility for food stamp benefits begins with the month in which the school term starts or the month the work-study is approved, whichever is later. Eligibility continues until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment. Eligibility does not continue between terms when there is a break of a full month or longer unless the student is participating in work-study during the break.

Definition of Homeless

For purposes of the Food Stamp Program, an individual is considered to be homeless if:

·   in the past 7 days, the individual has stayed in:

-   an emergency shelter or transitional housing program;

-   a hotel or motel paid for by a municipality, charity, or other community service; or

-   an abandoned building, place of business, car or other vehicle, or anywhere outside; or

·   the individual has a fixed place to stay, whether it is their own or someone else’s place, but the individual:

-   cannot stay there for at least 90 days without being evicted or asked to leave; and

-   has no alternative sleeping arrangements that will last longer than 90 days.

Food Stamp Job Search Check Reimbursement

Allow 8 business days for the job search reimbursement check to arrive at the individual’s residence before instituting a query or stop payment process.

Determining the SUA In Regards To LIHEAP, Surcharges for Excess Usage, and Roomers

In accordance with the Director’s Memo dated 12/6/02:

·   households in subsidized housing with heat included are not entitled to the Heat and Utility SUA, even if the household intends to apply for LIHEAP. If a client living in unsubsidized housing and receiving the full heat and utility SUA subsequently moves into subsidized housing with heat included, the FSS must remove the heat and utility SUA when making the other case changes;

·   regardless of shelter type (subsidized or unsubsidized), no household charged only for excess costs for heat or electricity is entitled to any standard that includes heating or cooling costs, based only on a charge for excess usage; and

·   roomers charged for heat or utilities separately from their rent costs are entitled to the appropriate SUA, even if the monthly cost for the heat or utility is a fixed amount. If the room charge includes all shelter costs, with no separate amount specified for heat or utilities, the roomer is not entitled to an SUA, and their monthly incurred cost is considered to be the allowable shelter cost.

The Food Stamp Manual was revised accordingly.

UNRELATED POLICY CLARIFICATION

Reimbursement Timeframes Under the OAA and APTD Programs

Current policy at AAM 317.01, Reimbursement for Financial Assistance, states that applicants and recipients of financial assistance under the OAA and APTD programs acknowledge that a lien may be placed against their property within 30 days of the grant of cash assistance. The 30-day timeframe has been removed. It is current policy to notify the applicant if the Department intends to place a lien on the individual’s property. The applicant then has the opportunity to appeal the lien placement. This process cannot be completed within 30 days; therefore, the 30-day timeframe has been eliminated. The Adult Assistance Manual and Form 770, Reimbursement Agreement and Acknowledgment, and its instructions were revised accordingly.

UNRELATED TECHNICAL CORRECTION

During the release of SR 03-04, dated 01/03, text providing an example for how to calculate retroactive medical assistance (MA) periods and the policy that allows applying for retroactive MA up to 9 months later was inadvertently deleted from FAM 109.09, Application for Retroactive Medical Assistance, and AAM 109.11, Application for Retroactive Medical Assistance, QDWI, SLMB, or SLMB135. This text has been returned to the policy pages in both Manuals. Since the changes to the manual pages described above are technical changes only and do not release new policy, the SR number for each page will not change and will reflect the existing SR number.

PROCEDURES AND SYSTEM CHANGES

Accepting Applications from Qualified Aliens

New Applications Completed in March 2003

Applications taken in March 2003 in which some of the members are currently eligible and other members will be newly eligible on April 1, 2003 due to the new 5-year residency eligibility criteria, should not be denied since Food Stamp applications are valid for 30 days. Staff must follow the procedure for an anticipated change, and set an alert to run the case on or after March 31, 2003. New HEIGHTS will then determine case eligibility and benefit amounts correctly for March and April 2003.

Current Recipients

Households are not required to report a change in a member’s immigration status during certification periods and Family Services Specialists are not required to apply the five-year provisions until the household is recertified on or after April 1, 2003. If, however, a change in status is reported, staff are required to act on the change according to current policy.

REVISIONS TO FORM 770, Reimbursement Agreement and Acknowledgment

In addition to the elimination of the text regarding the 30-day timeframe for the Department’s placement of a reimbursement lien and the check-off box on page 1, clarifications were also made on page 2 of Form 770, as follows:

·   text was added to the first paragraph specifying that the State may file a lien against the medical assistance applicant’s real property and/or file a claim against the applicant’s estate, to recover the cost of Medicaid payments made on the individual’s behalf;

·   text was added that only assets contained in the individual’s estate or in certain trusts would be available for recovery of the medical assistance provided to the individual (emphasis added to delineate the text added); and

·   a rule reference was added to the second paragraph of page 2.

POLICY MANUAL REVISIONS

Revised Adult Assistance Manual Topics

Section 317.01   Reimbursement - Financial Assistance

Revised Food Stamp Manual Topics

Section 239.01   Student Eligibility

Section 303.05   How to Verify Residence

Section 305.09   Determining Qualified Alien Status

Section 305.11   Eligibility for Qualified Aliens

Section 305.13   Qualified Aliens Eligible Without Restriction

Section 305.14   Special Category Non-Citizens Eligible Without Restriction

Section 305.15   Qualified Aliens Eligible Only for the First 7 Years in the U.S.

Section 305.16   General Guide to Alien Eligibility Status in the Food Stamp Program

Section 305.17   Qualified Aliens with Restricted Eligibility Based on Date of Entry into the U.S.

Section 305.21   Documentation of BCIS Status

Section 305.23   Verification of Qualified Alien Status

Section 305.25   When INS Responds Late

Section 305.29   Reporting Illegal and Indigent Aliens

PART 409   COMMON TYPES OF RESOURCES: ALIEN SPONSOR'S RESOURCES

PART 511   COMMON TYPES OF INCOME: ALIEN SPONSOR'S INCOME

PART 511   COMMON TYPES OF INCOME: DEEMED INCOME

Section 603.09   Other Allowable Deductions: Shelter Deduction

Section 603.09   Other Allowable Deductions: Utility Standards

Section 611.03   Deeming Principles

Section 611.04   Exceptions to the Sponsor-to-Immigrant Deeming Principles

Section 819.01   Support Services for Food Stamp Job Search

IMPLEMENTATION

The changes identified in this SR are effective April 1, 2003.

District Offices will continue to use existing supplies of Form 770 until the current supply is exhausted. Therefore, no Certificate of Destruction is included in this SR.

NOTE: Make a pen-and-ink correction to alien reporting policy found in FAM 305.23, Verification of Qualified Alien Status, and FAM 305.29, Reporting Illegal Aliens to INS, as well as to AAM 305.17, Verification of Qualified Alien Status, and AAM 305.23, Reporting Illegal Aliens to INS, to replace "INS" with "BCIS." Further revisions making this substitution to pages in the FAM, AAM, and those pages in the FSM not revised during the release of this SR, will be released under separate cover at a later date.

CLIENT NOTIFICATION

Notification of the new alien policy will be released in New Hampshire papers in March 2003 to alert aliens of potential eligibility under the new 5-year residency criteria. Additionally, a letter from the Director of the Division of Family Assistance was sent to all members of the DHHS Diversity Task Force explaining the new eligibility policy for immigrants.

TRAINING

A remote training to review the changes described in this SR will be held on Thursday March 20, 2003.

FORMS POSTING INSTRUCTIONS

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.state.nh.us/DHHS/DFA/LIBRARY, effective April 1, 2003.

This SR, and printed pages with posting instructions, will be distributed under separate cover to all hard copy holders of the Adult Assistance, Family Assistance, Food Stamp, and Forms Manuals.

DFA/JBV:s