SR 98-44 Dated 11/98

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases food stamp policy changes as a result of the Agriculture Research, Extension, and Education Reform Act (AREERA) of 1998, which expands FS eligibility for noncitizens, effective November 1, 1998. To be eligible under the expansion, the individual must first meet the specific requirements explained in the policy sections of this SR.

This expanded eligibility extends to lawfully admitted qualified aliens (see Food Stamp Manual Section 305.09) who, as of August 22, 1996, were:

 Receiving payments or assistance for blindness or disability as defined in Section 3(r) of the Food Stamp Act (see Food Stamp Manual Section 229.03);

 Lawfully residing in the U.S. and age 65 or older (i.e., born on or before August 22, 1931); or

 Lawfully residing in the U.S., and are currently under age 18.

The following aliens are also potentially eligible for food stamp benefits based on AREERA provisions, even if they are not qualified aliens:

 Most American Indians (Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359); and

 Hmong or Highland Laotian tribe members currently legally residing the in U.S. who were tribal members at the time the tribe rendered assistance to U.S. forces during the Vietnam military or rescue operation beginning August 5, 1964, and ending May 7, 1975, and spouses or unremarried surviving spouses, and unmarried dependent children of the tribe member.

AREERA also extends food stamp eligibility for refugees, asylees, Cuban/Haitian entrants, Amerasians and persons granted withholding of deportation in the U.S., from the first 5 years from the date of entry into the United States to the first 7 years of entry. This SR also issues a policy clarification to Chapter 300 of the Family and Adult Assistance Manuals regarding native Americans.

A technical correction is also being released with this SR to correct an oversight that occurred with the release of SR 97-03 which implemented a 25% payment standard sanction for failure to cooperate with child support requirements. Section 311.17 of the Family Assistance Manual is being revised to reference the 25% sanction.

BACKGROUND

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 and the Balanced Budget Act of 1997 restricted food stamp eligibility for many legally admitted aliens. On June 23, 1998, President Clinton signed the Agriculture Research, Extension, and Education Reform Act (AREERA) of 1998 (Public Law 105-185). It is anticipated that AREERA will restore food stamp eligibility to about 250,000 legal immigrants nationwide. Most of these individuals are children, disabled immigrants, and individuals who were age 65 and older on or before August 22, 1998. AREERA is effective November 1, 1998. There is no retroactive eligibility for the affected alien groups.

Effective November 1, 1998, the groups of individuals listed below are eligible for food stamp benefits based on their legal alien status, provided the individual meets all other food stamp eligibility requirements. The expanded eligibility groups are described below.

Disabled According to Food Stamp Target Population Criteria

Qualified aliens who resided in the U.S. as of August 22, 1996, and are disabled according to target population criteria as specified in Food Stamp Manual Section 229.03, Definition of Disabled, potentially qualify for food stamp benefits. Disabled means:

 Individuals receiving ANB or APTD financial or medical assistance;

 Individuals approved for SSI or Social Security disability or blindness payments;

 Veterans who receive VA benefits because of a 100% service or nonservice-connected disability or who, according to the VA, need regular aid and attendance or are permanently housebound;

 Surviving spouses of deceased veterans who the VA has determined need regular aid and attendance, are permanently housebound or could be considered permanently disabled by Social Security criteria, and are approved for VA benefits because of the veteran's death;

 Surviving children (of any age) of deceased veterans who the VA has determined are permanently incapable of self-support or could be considered permanently disabled by Social Security criteria, and are approved for VA benefits because of the veteran's death;

 Individuals receiving disability retirement benefits from any government agency for a disability that could be considered permanent by Social Security criteria; or

 Individuals receiving Railroad Retirement Disability who are also covered by Medicare.

Lawfully Admitted Aliens Who Were Age 65 or Older and Living in the U.S. as of August 22, 1996

Lawfully admitted aliens who were age 65 or older and lived in the U.S. as of August 22, 1996, are potentially eligible for food stamp benefits. To meet the age criteria, the alien’s date of birth must be on or before August 22, 1931. Since eligibility for these aliens is based on being age 65 on or before August 22, 1996, fewer aliens will be eligible based on this provision as time passes. For example, when the policy becomes effective on November 1, 1998, an individual would have to be age 67 and 2 months old to meet the age criteria. In August 2001, only aliens age 70 or older will qualify based on age.

Lawfully Admitted Aliens Who Were Living in the U.S. as of August 22, 1996 and Are Currently under Age 18

Lawfully admitted aliens who lived in the U.S. as of August 22, 1996 and are currently under age 18 potentially qualify for food stamp benefits. Eligibility ceases on the child’s 18th birthday, so District Offices must take action to terminate the child’s food stamp eligibility in the month in which the child turns 18 to prevent overissuance of food stamp benefits.

The two alien groups noted below are also potentially eligible for food stamp benefits based on AREERA provisions, even if they are not qualified aliens.

American Indians

Most American Indians (Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359)) are once again eligible for food stamps. To qualify, Canadian-born Indians must "...possess at least 50 [%] blood of the American Indian race." [sic]. Individuals meeting these criteria now also include tribe members of the St. Regis Band of Mohawk in New York State, the Micmac in Maine, Abenaki in Vermont, and the Kickapoo in Texas.

NOTE: The text in Chapters 300 of the Family and Adult Assistance Manuals has been revised to contain more specific details about the above Indians and to coincide with the newly revised Food Stamp Chapter 300.

Certain Hmong/Lao Tribe Members

Hmong or Highland Laotian tribe members currently legally residing in the U.S. who were tribal members at the time the tribe rendered assistance to U.S. forces during the Vietnam military or rescue operation beginning August 5, 1964, and ending May 7, 1975, and spouses or unremarried surviving spouses, and unmarried dependent children of the tribe member are potentially eligible for food stamp benefits.

Other Eligible Aliens

Refugees, asylees, Cuban/Haitian entrants, Amerasians and persons granted withholding of deportation in the U.S. are now potentially eligible for food stamp benefits during their 6 or 7th year after entry into the U.S., with such status. Prior policy allowed food stamp eligibility for only the first 5 years. Food stamp eligibility ceases after 7 years unless the individual fits into another eligible alien group or has become an eligible citizen.

TECHNICAL CORRECTION TO THE FAMILY ASSISTANCE MANUAL

Section 311.17 of the Family Assistance Manual is being revised to include references to the 25% payment standard sanction that applies for failure to cooperate with child support requirements. This policy was released with SR 97-03, but omitted from Section 311.17 due to an oversight.

IMPLEMENTATION

All revised policies are effective November 1, 1998. There are no retroactive provisions associated with this SR.

CLIENT NOTIFICATION

A press release is planned on or about November 1, 1998. The Food and Nutrition Service (FNS) conducted a mass mailing in conjunction with the Social Security Administration to target currently open SSI recipients. The mailing took place on October 1, 1998.

TRAINING

No training is planned.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted, and, if appropriate, its posting instructions have been carried out.

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.state.nh.us/dhhs, effective November 2, 1998.

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

DFA/SJC:s