218-20-00 R.I. Code R. § 1.4

Current through April 23, 2024

Section 218-RICR-20-00-1.4 - Non-Financial Requirements

1.4.1Residency

A. A household must be living in the project area where it files an application for participation.

1. No individual may participate as a member of more than one (1) household or in more than one (1) project area in any month unless an individual is a resident of a shelter for battered persons and children as defined in §1.4.8 of this Part and was a member of a household containing the person who had abused her or him.

a. Residents of shelters for battered persons and children are handled in accordance with §1.4.8 of this Part.

2. Residency must not be interpreted to mean domicile which is sometimes defined as the legal place of residence or principal home.

3. No durational residency requirements must be imposed.

a. An otherwise eligible household must not be required to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility.

b. Residency must not mean an intent to permanently reside in the State. However, a person in the State solely for vacation must not be considered a resident.

1.4.2Citizenship and Eligible Non-Citizen Status

A. To receive SNAP benefits, an individual must be either:

1. A citizen of the United States as described in §1.4.2(C) of this Part; or

2. An eligible non-citizen as described in §1.4.2(D) of this Part.

B. A household with a member who is not a citizen of the United States or an eligible non-citizen must not be prevented from applying and, if eligible, receiving benefits for the remaining eligible members of the household.

C. For SNAP purposes, a citizen of the United States is defined as an individual born in one (1) of the fifty (50) States, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands.

1. In addition, nationals from American Samoa and Swain's Island are considered United States citizens for SNAP purposes.

2. Naturalized citizens are also considered to be citizens since they have the same status as citizens.

D. Eligible Non-Citizens

1. Eligibility for participation in the Supplemental Nutrition Assistance Program depends on the non-citizen being an eligible non-citizen or a qualified non-citizen that meets certain conditions related to the qualified non-citizen status.

2. The following eligible non-citizens may be eligible to participate in the Supplemental Nutrition Assistance Program without having to meet any additional non-citizen requirements:

a. Certain American Indians born abroad: American Indians born in Canada living in the U.S. under §289 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1359, or non-citizen members of a Federally recognized Indian tribe under § 4(e) of the Indian Self-Determination and Education Assistance Act (Pub. Law 93-638); and

b. Hmong or Highland Laotian tribal members: An individual lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe that rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era (August 5, 1964 - May 7, 1975).

(1) This category includes the spouse (or un-remarried surviving spouse) or unmarried dependent children of these individuals.

3. The following qualified non-citizens may be eligible to participate in the Supplemental Nutrition Assistance Program without having to meet an additional condition:

a. Asylees: Individuals granted asylum under §208 of the INA;

b. Refugees: Refugees admitted to the United States under §207 of the INA;

c. Deportation withheld: individuals whose deportation is being withheld under §243(h) of the INA (as in effect before April 1, 1997), or removal is withheld under §241(b)(3) of the INA;

d. Cuban/Haitian Entrants: Cuban or Haitian entrants under §501(e) of the Refugee Education Assistance Act of 1980 (Pub. Law 96-422); or

e. Victims of Severe Trafficking: Victims under the Trafficking Victims Protection Act of 2000 (Pub. Law 106-386).

f. Iraqi and Afghan Special Immigrants (SIV): Iraqi and Afghan special immigrants who have been granted special immigrant status under §101(a)(27) of the INA who have worked on behalf of the U.S. government in Iraq or Afghanistan. The Department of Defense Appropriations Act of 2010 (DoDAA), Pub. Law 111-118 §8120, enacted on December 19, 2009, provides that SIVs are eligible for all benefits to the same extent and the same period of time as refugees.

g. Amerasian immigrants: as defined under §584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 (Pub. Law 100-461);

h. Elderly Non-citizens: elderly individuals born on or before August 22, 1931 and lawfully residing in the United States on August 22, 1996;

i. Children under eighteen (18): Qualified non-citizen children under eighteen (18) years of age.

j. Individuals receiving benefits or assistance for blindness or disability: Individuals who have been determined blind or disabled and are receiving benefits or assistance for their condition as defined under § 3(r) of the Food and Nutrition Act of 2008 (as amended though Pub. Law 116-94) regardless of when they entered the United States;

k. Military Connection: Individuals who are lawfully residing in a State and are on active duty (other than for training) in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard (but not full-time National Guard) or who are honorably discharged veterans who have not been discharged due to non-citizen status. This category includes the spouse (or surviving spouse who has not remarried) or unmarried dependent children of these individuals. A discharge "Under Honorable Conditions" does not meet this requirement.

l. A Legal Permanent Resident (LPR) who prior to adjustment to LPR status was:

(1) A refugee under §207 of the INA, including a victim of severe forms of trafficking;

(2) An asylee under §208 of the INA;

(3) A non-citizen whose deportation was being withheld under §243(h) of the INA (as in effect before April 1, 1997), or removal is withheld under §241(b)(3) of the INA;

(4) A Cuban/Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980 (Pub. Law 96-422); or

(5) An Amerasian immigrant as defined in §584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1988 (Pub. Law 100-461).

4. The following qualified non-citizens must meet one (1) additional condition in order to be eligible to participate in the Supplemental Nutrition Assistance Program:

a. Legal Permanent Residents (LPRs): Individuals lawfully admitted for permanent residence (LPR) in the United States (holders of green cards).

b. Parolees: Individuals paroled into the United States under §212(d)(5) of the INA for at least one (1) year;

c. Conditional Entrants: Individuals granted conditional entry under §203(a)(7) of the INA as in effect before April 1, 1980;

d. Battered Non-Citizens: Under certain circumstances, a battered non-citizen spouse or child, non-citizen parent of a battered child or a non-citizen child of a battered parent with a petition pending under §§204(a)(1)(A) or (B) or 244(a)(3) of the INA.

5. In order to be eligible to receive SNAP benefits, LPRs, parolees, conditional entrants and battered non-citizens must meet one (1) of the following additional conditions:

a. Five (5) years of residence: has lived in the U.S. as a qualified alien for five (5) years from the date of entry;

b. Forty (40) qualifying work quarters (this condition can only be met by individuals who are LPRs):

(1) An LPR who can be credited with forty (40) qualifying quarters of work under the Social Security system (credits may be earned individually, in combination with a spouse and in some circumstances a parent);

c. Blind or disabled: Individuals who have been determined blind or disabled and are receiving benefits or assistance for their condition;

d. Elderly Non-citizens: elderly individuals born on or before August 22, 1931 and lawfully residing in the United States on August 22, 1996;

e. Military connection: an individual who is lawfully residing in a State and is on active duty in the military (excluding National Guard) or is an honorably discharged veteran whose discharge is not because of immigration status (includes spouse, surviving spouse if not married, and unmarried dependent children).

(1) A discharge "Under Honorable Conditions", which is not the same as an honorable discharge, does not meet this requirement.

f. Child under eighteen (18): Qualified non-citizen children under eighteen (18) years of age.

6. Battered Immigrants/Qualified Non-Citizen Criteria

a. Certain categories of immigrants who have been subjected to battery or extreme cruelty in the United States by a family member with whom they reside are provided qualified non-citizen status under §431 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (Pub. Law 104-193).

(1) Qualified non-citizen status also extends to an immigrant whose child or an immigrant child whose parent has been abused. Additionally, this group of battered immigrants is exempt from deeming requirements as outlined in §1.5.8 of this Part.

b. A non-citizen is a qualified non-citizen as a battered immigrant if the individual meets the following seven (7) requirements. In general, these Rules apply to abused immigrants who are (or were) married to LPRs or U.S. citizens, or whose parents are LPRs or citizens:

(1) The battered immigrant must show that they have an approved or pending petition which makes a prima facie case for immigration status in one (1) of the following categories:

(AA) A Form I-130 filed by their spouse or the child's parent;

(BB) A Form I-130 petition as a widow(er) of a U.S. citizen;

(CC) An approved self-petition under Title VIII of the Violence Against Women Reauthorization Act of 2013 (Pub. Law 113-4), (including those filed by a parent); or

(DD) An application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

(2) The immigrant, the immigrant's child or the immigrant child's parent has been abused in the United States under the following circumstances:

(AA) The immigrant has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the immigrant, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consent to the battery or cruelty.

(BB) The immigrant's child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the immigrant, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consents to the battery or cruelty, and the immigrant did not actively participate in the battery or cruelty.

(CC) The parent of an immigrant child has been battered or subjected to extreme cruelty in the United States by the parent's spouse, or by a member of the spouse's family residing in the same household as the parent, if the spouse consents to or acquiesces in such battery or cruelty.

(DD) There is a substantial connection between the battery or extreme cruelty and the need for SNAP benefits; and

(EE) The battered immigrant, child, or parent no longer resides in the same household as the abuser.

c. The conditions discussed above only establish that the battered immigrant is a qualified non-citizen. In order for the immigrant to qualify for SNAP benefits based on her or his immigration status, such a qualified alien must meet the other conditions for eligibility such as the five (5) year residency requirement or an LPR with forty (40) qualifying quarters of work.

(1) The five (5) year residency period begins when the prima facie case determination is issued or when the abused immigrant's I-130 visa petition is approved.

(AA) In making its determination, the agency representative must remember that the relevant date for this immigrant's eligibility is the date that the individual obtained qualified alien status as an abused immigrant rather than the date of that individual's immigration status, such as that of an LPR.

(2) Examples to assist the agency representative determine whether a substantial connection exists between the battery or extreme cruelty and the applicant's need for public benefits include the following situations where benefits are needed:

(AA) To enable the applicant and the applicant's child or parent to become self-sufficient;

(BB) To escape the abuser or community in which the abuser lives or to ensure the safety of the applicant;

(CC) Because of a loss of financial support, dwelling, or source of income due to separation from the abuser; to alleviate nutritional risk; or

(DD) For medical attention, mental health counseling, or because of a disability that resulted from the abuse.

7. Undocumented Non-Citizens

a. When a household is unable, or unwilling, to provide documentation of non-citizen status for any household member, that member is classified as an ineligible non-citizen.

b. In such cases the agency representative does not continue efforts to obtain documentation and does not report him/her to the U.S. Citizenship and Immigration Services (USCIS) office. Only in those instances where the agency representative has seen the deportation notice can the immigrant be reported to the USCIS office.

8. Certification of Remaining Household Members

a. A non-citizen is ineligible for SNAP benefits until acceptable verification is provided unless:

(1) A copy of a document provided by the non-citizen has been submitted to USCIS for verification. Pending such verification, the agency cannot reduce, delay, deny or terminate the immigrant's benefits on the basis of the individual's immigration status; or

(2) A request has been submitted to the Social Security Administration (SSA) for information regarding the number of quarters of work that can be credited to the individual, SSA has responded that the individual has fewer than forty (40) quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited.

(AA) If SSA indicates that the number of qualifying quarters that can be credited is under investigation, the agency must certify the individual pending the results of the investigation for up to six (6) months from the date of the original determination of insufficient quarters; or

(BB) The non-citizen applicant or the agency representative has submitted a request to a Federal Agency for verification of information which bears on the non-citizen's eligible non-citizen status. The agency representative must certify the individual pending the results of the investigation for up to six (6) months from the date of the original request for verification.

b. In all other situations, while awaiting acceptable verification, the non-citizen member(s) of the household whose status is questionable is not eligible. The non-citizen(s) with unverified status must be considered an ineligible member(s) and the eligibility of the remaining household members (if any) must be determined as defined in §1.5.6 of this Part.

(1) The income and resources of the ineligible non-citizen must be treated in the same manner as an ineligible individual, and must be considered available in determining the eligibility of any remaining members.

(2) Cash payments from the ineligible non-citizen member(s) to the household are considered income under the normal income standards found in §1.5.6 of this Part.

(3) If the agency representative determines from discussions with the household that the non-citizen either does not wish to contact USCIS, or does not give the agency representative permission to make the contact for him/her, the household is given the option of withdrawing its application or participating without the non-citizen member.

(AA) However, should the agency representative subsequently receive verification of eligible non-citizen status, the agency representative must act on the information as a reported change in household membership in accordance with the timeliness standards set in §1.13.1 of this Part.

1.4.3Drug Addicts/Alcoholics in Treatment Programs

A. Members of eligible households, including single-person households, who are narcotics addicts or alcoholics and who regularly participate in a drug or alcoholic treatment and rehabilitation program on a non-resident basis may use SNAP benefits to purchase food prepared for them during the treatment program by a publicly operated community mental health center or private, non-profit organization or institution authorized by FNS as a retailer or certified by the appropriate State agency, including that agency's determination that the center is a non-profit organization.

1. A drug addiction or alcoholic treatment and rehabilitation program means any drug addiction or alcoholic treatment and rehabilitation program conducted by a publicly operated community mental health center or private non-profit organization or institution under the Public Health Service Act, 42 U.S.C. § 300xet seq.

a. It also must be certified by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) which is responsible for the state's programs for alcoholic and drug addicts under the licensing provisions of Title XIX of the Public Health Service Act as providing treatment that can lead to the rehabilitation of drug addicts or alcoholics.

2. If an alcoholic treatment and rehabilitation program is located in an Indian reservation and the State does not certify or license reservation-based centers, approval to participate may be granted and the program either is funded by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), or was so funded and has subsequently been transferred to Indian Health Service (IHS) funding.

3. In addition, the certification of such programs wishing to redeem through wholesalers the SNAP benefits received from or on behalf of their participants, may be authorized by FNS as retailers and show that the treatment program meets the standards required of treatment programs under the supervision of the Department of BHDDH.

a. Approval to participate is automatically withdrawn once a treatment and rehabilitation program no longer meets the criteria which would make it eligible for funding under Part B of Title XIX of the Public Health Service Act.

b. Resident members (and their children living with them) of such rehabilitation program centers may also voluntarily elect to participate in the program but must do so through an authorized representative.

4. Residents of treatment centers apply and are certified through the use of an authorized representative who is an employee of and designated by the publicly operated or private non-profit organization or institution that is administering the treatment and rehabilitation program.

a. The organization or institution applies on behalf of the addict or alcoholic's household and receives and spends the SNAP allotment for food prepared by and/or served to the addict or alcoholic together with her or his child(ren) who live with the individual.

5. Individuals (and their children living with them) who are residents of addict/alcoholic treatment centers must be certified using the same provisions that apply to all other applicant households except that certification is completed through use of the authorized representative.

a. Prior to certifying any resident(s) for SNAP benefits, the agency must verify that the treatment center is authorized by FNS as a retailer if the center wishes to redeem SNAP benefits through a wholesaler or, if not authorized by FNS as a retailer, that it is under Part B of Title XIX of the Public Health Service Act (42 U.S.C. § 300xet seq.) "Under Part B of Title XIX of the Public Health Service Act" is defined as meeting the criteria which would make it eligible to receive funds, even if it does not actually receive funding under Part B of Title XIX.

6. The room payments made to a treatment center are considered shelter costs. When a treatment center charges one (1) fee which includes both room and board, the agency representative must obtain from the treatment center the actual room portion of the room and board fee.

7. When normal processing standards apply, the agency representative completes the verification and documentation requirements prior to making an eligibility determination for the initial application.

8. For those residents of treatment centers who are entitled to expedited service, the agency representative must make benefits available through the EBT card no later than seven (7) calendar days following the filing date.

9. Resident households have the same rights to notices of adverse action, hearings, and entitlement to lost benefits as do all other SNAP households.

10. Regular participants in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or non-resident basis, are exempt from work registration requirements.

11. If the information is questionable, the regular participation of an addict or alcoholic in a treatment program must be verified through the organization or institution operating the program before granting the exemption.

a. To be considered questionable, information on the application must be inconsistent with statements made by the applicant, other information on this application or previous applications or information known to or received by the agency representative prior to certification.

12. Each treatment and rehabilitation center must provide the appropriate agency representative with a list of currently participating residents on a monthly basis. This list must include a statement signed by a responsible center official attesting to the validity of the list.

a. Once the household leaves the treatment center, the center is no longer allowed to act as the household's authorized representative.

b. The treatment center must provide the household, if possible, with a change report form which is used to report the household's new address and other circumstances after leaving the center.

c. The center must advise the household to return the form to the appropriate certification office within ten (10) days.

d. The treatment center must notify the agency representative of changes in the household's income or other household circumstances. The treatment center must also inform the agency representative when the addict or alcoholic leaves the treatment center.

13. The agency establishes a claim for the over issuance of food benefits on behalf of resident clients if any over issuance is discovered during an investigation or hearing procedure for redemption violations.

14. If FNS disqualifies an organization or institution as an authorized retail food store, the agency suspends its authorized representative status for the same period.

15. An agency representative should conduct periodic random on-site visits to treatment centers to assure the accuracy of the listings and that the certification agency's records are consistent and up to date.

1.4.4Households with a Member on Strike

A. For SNAP purposes, a striker is any person involved in a strike or concerted work stoppage by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.

1. Any employee affected by a lockout, however, must not be deemed to be a striker. Further, an individual who goes on strike and who is exempt from work registration in accordance with as described in §1.11.1 of this Part, the day prior to the strike (other than those exempt solely on the grounds that they are employed) must not be deemed to be a striker. Examples of non-strikers who are eligible for participation in the program include, but are not limited to:

a. Employees whose workplace is closed by an employer in order to resist demands of employees (e.g., a lockout);

b. Employees unable to work as a result of striking employees (e.g., truck drivers who are not working because striking newspaper pressmen prevent newspapers from being printed); and,

c. Employees who are not part of the bargaining unit on strike but who do not want to cross a picket line due to fear of personal injury or death.

2. A household with a striking member is ineligible to participate in the program unless the household was eligible for benefits on the day prior to the strike and is otherwise eligible at the time of application. However, such a household must not receive an increased allotment as the result of a decrease in the income of the striking member of the household.

a. Pre-strike eligibility is determined by considering the day prior to the strike as the day of application and assuming the strike did not occur.

(1) Eligibility at the time of application must be determined by comparing the striking member's monthly income before the strike to the striking member's current monthly income and adding the higher of the two (2) to the current income of non-striking members during the month of application.

(2) To determine benefits (and eligibility for a household subject to the net income eligibility standard), deductions must be calculated for the month of application as for any other household.

(3) Whether the striker's pre-strike earnings are used or the individual's current earnings are used, the earned income deduction is allowed, if appropriate.

b. Vehicles normally exempt for equity value because they are used for commuting do not lose this exclusion during the strike.

3. A striker whose household is eligible to participate under the criteria in this Section is subject to the work registration requirements in § 1.11 of this Part, unless exempt under §1.11.1 of this Part on the day of application.

1.4.5Migrant Farm Laborers

A. Since migrant farm laborers usually have little or no income when entering an area, they may qualify for expedited service as discussed in §1.3.9 of this Part. Also see §1.3.9 of this Part for handling income for migrant farm laborers.

1. Particular attention should be paid to real property in the home-base area.

Each applicant household is permitted one (1) home and lot as an exemption from resources.

a. As noted in §1.5.7 of this Part, shelter costs for the home when not occupied by the household because of employment may be allowed under certain circumstances.

(1) To be included in the household's shelter costs, the household must intend to return, the current occupants of the home, if any, must not be claiming the shelter costs, and the home must not be leased or rented. Verification requirements for those expenses are discussed in §1.5.7 of this Part.

b. Additionally, the eligibility technician should explore the possibility that out-of-State real property is being rented or is producing income in some way. If such property is producing income, such income must be added to all other household income in determining eligibility and basis of issuance.

2. Employable members of migrant households who are not employed at least thirty (30) hours a week or receiving weekly earnings equal to the Federal minimum wage multiplied by thirty (30) hours must register for and accept suitable employment in the same manner as other persons.

3. When the household receives one (1) payment which includes the income of migrant children under eighteen (18) years of age who are students, the child's/student's income must be differentiated from the rest of the household's income.

a. Unless income can be identified as being earned specifically by the student, the agency representative must pro-rate the income equally among the number of household members working and exclude that portion allotted to the student. This provision applies to students who are currently attending school and those who plan to return to school after academic breaks. Individuals are considered children for purposes of this provision if they are under the parental control of another household member.

1.4.6School Employees

A. Households that derive their annual income in a period of time shorter than one

(1) year should have that income averaged over a twelve (12) month period, provided the income is not received on an hourly or piecework basis. This provision may include teachers and other school employees who are under a contract which is renewable on an annual basis.

1. Such members are considered to receive compensation for an entire year even though pre-determined non-work periods are involved, or actual compensation is scheduled for payment during the work periods only.

2. The annual income household members received from contractual employment is averaged over a twelve (12) month period to determine the member's average monthly income.

a. To determine household eligibility, all other monthly income from other household members is added to this average monthly income, and income exclusions and deductions are applied in the normal manner.

b. Once eligibility has been determined, the annualized income may be averaged or pro-rated over the twelve (12) months before adding it to other monthly income to determine the household's basis of issuance during the certification period.

(1) This provision does not apply to recipients of emergency SNAP assistance, in situations where the other party to the contract cannot or will not make payments specified in the contract or where labor disputes interrupt the flow of earnings specified in the contract.

(2) If, during non-work periods, the person under contract receives weekly earnings at least equal to the Federal minimum wage, the individual is exempt from work registration.

1.4.7Residents of Group Living Arrangements

A. Disabled or blind (see definitions in §1.4.11 of this Part) residents of a group living arrangement, as defined in §1.2.12 of this Part, may voluntarily apply for the SNAP.

1. If these residents apply through the use of the facility's authorized representative, their eligibility shall be determined as one (1) person households.

2. If the residents apply on their own behalf, the household size is in accordance with the definition in §1.2.12 of this Part.

3. The agency certifies these residents using the same provisions that apply to all other households.

4. Prior to certifying any residents for SNAP benefits, the agency must verify that the group living arrangement is authorized by FNS or is certified by the Department of BHDDH, including that agency's determination that the group living arrangement is a non-profit organization.

B. Eligible residents of a group living arrangement, acting on their own behalf, may use benefits issued to them to purchase meals prepared especially for them at a group living arrangement if the facility is authorized by FNS for that purpose.

1. The group living arrangement may purchase and prepare food to be consumed by eligible residents on a group basis if residents normally obtain their meals at a central location as part of the group living arrangement services or if meals are prepared at a central location for delivery to the individual residents.

2. If residents purchase and/or prepare food for home consumption, as opposed to communal dining, the group living arrangement must ensure that each resident's SNAP benefits are used for meals intended for that resident.

C. The same provisions applicable to drug and alcoholic treatment centers in §1.2.12 of this Part also apply when a group living arrangements acts as an authorized representative.

1. These provisions, however, are not applicable if a resident has applied on their own.

D. The same provisions applicable in §1.2.12 of this Part to residents of treatment centers also apply to blind or disabled residents of group living arrangements who receive benefits under Title II or Title XVI of the Social Security Act, 42 U.S.C. Chapter 7, when the facility acts as the resident's authorized representative.

E. Any group living arrangements wishing to redeem SNAP benefits directly through wholesalers must be authorized by FNS as retail food stores.

1. The group living arrangement must be certified by the Department of BHDDH under Regulations issued under §1616(e) of the Social Security Act, U.S.C. Title 42.

a. Approval to participate is automatically cancelled at any time that a program loses its certification from BHDDH. In such a situation, the household is not entitled to a notice of adverse action.

2. Each group living arrangement must provide the agency with a list of currently participating residents.

a. This list must include a statement signed by a responsible official of the facility attesting to the validity of the list.

3. If the group living arrangement is acting in the capacity of an authorized representative, the group living arrangement must notify the agency of changes in the household's income or other household circumstances and when the individual leaves the group living arrangement.

4. If a resident, or a group of residents, applies on her or his own behalf, and if they retain use of the benefits, these individuals are entitled to the benefits when they leave.

a. The household is responsible for reporting the changes in household circumstances to the agency representative.

b. The resident applying on their own behalf is responsible for any over issuance in the same manner as any other household.

1.4.8Shelters for Battered Persons and Children

A. Prior to certifying its residents, it must be determined that the shelter for battered persons and children meets the definition in §1.1.12(A)(6) of this Part and the basis for this determination must be documented.

1. Shelters having FNS authorization to redeem at wholesalers are considered to meet this definition and it is not required to make any further determination.

a. Each certifying office is required to maintain a list of shelters meeting the definition to facilitate prompt certification of eligible residents.

2. The battered person's former household may be certified for participation in the program, and its certification may be based on a household size that includes the battered person and child(ren) who have just left.

a. A shelter resident who is included in such a certified household may, nevertheless, apply for and (if otherwise eligible) participate in the program as a separate household if such certified household which included them is the household containing the person who subjected them to abuse.

b. Shelter residents who are included in such certified households may receive an additional allotment as a separate household only once a month.

c. Shelter residents who apply as separate households are certified solely on the basis of their income and resources and the expenses for which they are responsible. They are certified without regard to the income, resources and expenses of their former household.

d. Jointly-held resources are only considered inaccessible in accordance with §1.5.5(F) of this Part.

e. Room payments to the shelter are considered as shelter expenses.

3. Any shelter residents eligible for expedited service must be handled in accordance with the processing standards set forth in §1.3.9 of this Part.

1.4.9Homeless SNAP Households

A. Homeless households are permitted to use their SNAP benefits to purchase prepared meals from authorized homeless meal providers.

1. Definitions of terms are:

a. A homeless individual is defined as an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

(1) A supervised shelter designed to provide temporary accommodations such as an emergency shelter;

(2) A halfway house or similar institution which provides temporary residence for individuals intended to be institutionalized;

(3) A temporary accommodation in the residence of another individual for not more than ninety (90) days; or

(4) A place not designed for, or ordinarily used, as a regular sleeping accommodation, such as a bus station, a lobby or similar places.

b. A homeless Meal Provider is a public or private non-profit establishment, approved by the DHS, which feeds homeless individuals.

(1) Examples of such establishments are soup kitchens and temporary shelters.

2. FNS will authorize as retail food stores those homeless meal providers who apply and qualify for authorization to accept EBT SNAP benefits from homeless SNAP recipients.

a. Such meal providers must be public or private non-profit organizations; must serve meals which include food purchased by the meal provider; must be authorized by FNS as retail food stores; and must be approved by DHS as providers of meals to homeless individuals.

b. A homeless meal provider is responsible for obtaining approval from DHS and must provide written documentation of such approval to FNS prior to approval of the provider's application for authorization.

(1) If such approval is subsequently withdrawn, FNS authorization is also withdrawn.

c. Homeless meal providers serving meals which consist wholly of donated food are not eligible for authorization.

1.4.10Pre-Release Applicants

A. A household consisting of a resident or residents of a public institution(s) and applying for SSI under the SSA's Pre-release Program for the Institutionalized, must be allowed to apply for SNAP benefits at the same time prior to the release from the institution.

1. Such a household is certified in accordance with §1.2.9 of this Part.

1.4.11Elderly or Disabled Household Members

A. Elderly or disabled member means a member of a household who:

1. Is sixty (60) years of age or older. If a household contains a member who is fifty-nine (59) years old on the date of application, but who will become sixty (60) before the end of the month of application, the individual is considered an elderly household member;

2. Receives (or is certified to receive) SSI income benefits under the Social Security Act, 42 U.S.C. §§ 1381 through 1383d, or disability or blindness payments under Titles I, II, X, XIV, or XVI of the Social Security Act;

3. Receives federally or State-administered supplemental benefits under §1616(a) of the Social Security Act, U.S.C. Title 42, interim assistance pending receipt of SSI, disability-related Medicaid under Title XIX of the Social Security Act, or disability-based GPA, provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under Title XVI of the Social Security Act;

4. Receives federally or State-administered supplemental benefits under § 212(a) of Pub. Law 93-66;

5. Receives disability retirement benefits from a governmental agency because of a disability considered permanent under §221(i) of the Social Security Act, 42 U.S.C. § 421;

6. Is a veteran who has a service-connected or non-service-connected disability which is rated total under U.S.C. Title 38; or is considered in need of regular aid and attendance or permanently housebound under such Title;

7. Is a surviving spouse of a veteran and considered by the VA to be in need of aid and attendance or permanently housebound under U.S.C. Title 38; or is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under §221(i) of the Social Security Act;

8. Is a surviving child of a veteran and is considered permanently incapable of self-support under U.S.C. Title 38; or is entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under U.S.C. Title 38 and has a disability considered permanent under §221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and children who are receiving the compensation or benefits stated or have been approved for such payments, but are not receiving them; or

9. Receives an annuity payment and is determined to be eligible to receive Medicare by the Railroad Retirement Board under the Railroad Retirement Act of 1974, 45 U.S.C. § 231(a) and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.

1.4.12Social Security Number (SSN) Requirements

A. A household participating, or applying for participation in the SNAP, is required to provide the agency with the SSN for each household member or apply for one before certification.

1. If an individual has more than one (1) number, all numbers are required.

2. The agency representative must explain to applicants and participants that refusal to provide an SSN will result in the disqualification of the individual for whom an SSN is not obtained in accordance with §1.4.12(B) of this Part.

3. Ineligible immigrant (non-citizen) household members required by §1.2.5 of this Part to be included as a household member, can be designated as non-applicants for the purposes of providing a Social Security Number to the agency.

4. Non-applicant household members do not have to provide the agency with an SSN when applying for the U.S. Citizen children. Such members, however, must comply with all required information on income and resources.

B. If the agency determines that a household member has refused or failed without good cause to provide or apply for an SSN, then the individual is ineligible to participate in the SNAP.

1. The disqualification applies to the individual(s) for whom the SSN is not provided and not to the entire household.

2. The earned or unearned income of an individual disqualified from the program for failure to comply with this requirement must be considered as outlined in §1.5.6 of this Part.

3. The household member disqualified may become eligible upon providing the agency with an SSN. Completion of the SS-5 is sufficient to end a disqualification due to failure to comply with the SSN requirement.

C. In determining if good cause exists for failure to comply with the requirement to apply for or provide the agency with an SSN, the agency representative considers information from the household member, the SSA, and the agency (especially if the agency either did not process the SS-5 or did not process it in a timely manner).

1. Documentary evidence or collateral information indicating the household member has applied for the SSN or made every effort to supply SSA with the necessary information must be considered good cause for not complying with this requirement.

2. Good cause does not include delays due to illness, lack of transportation or temporary absence, because the SSA makes provision for mail-in applications in lieu of applying in person.

3. If the household member can show good cause why an application for an SSN has not been completed in a timely manner, that person is allowed to participate for one (1) month in addition to the month of application.

4. If the household member applying for an SSN has been unable to obtain the documents required by SSA, the agency representative should make every effort to assist the individual in obtaining these documents.

5. Good cause for failure to apply must be shown monthly in order for such a household member to continue to participate. Once an application has been filed, the agency must permit the member to continue to participate pending notification to the agency of the household member's SSN.

D. The agency is authorized to use Social Security Numbers in the administration of the SNAP. To the extent determined necessary by USDA and HHS, the agency has access to information regarding individual SNAP applicants and participants who receive benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 through 1383(d):

1. To determine such household's eligibility to receive assistance, and the amount of assistance;

2. To verify information related to the benefits of these households;

3. To use the State Data Exchange (SDX) to the maximum extent possible;

4. To prevent duplicate participation;

5. To facilitate mass changes in Federal benefits;

6. To determine the accuracy and/or reliability of information given by households; and

7. To request and exchange information on individuals through the Income and Eligibility Verification System (IEVS).

1.4.13Student Eligibility Requirements

A. In order to be eligible to participate in the Supplemental Nutrition Assistance Program, any student must meet at least one (1) of the following criteria:

1. Under age eighteen (18) or age fifty (50) or older;

2. Not physically or mentally fit;

3. Employed and paid for an average of twenty (20) hours per week;

4. Receiving RIW;

5. Responsible for the care of a child under age six (6);

6. Enrolled full-time in an institution of higher education and is a single parent with responsibility for the care of a dependent child under age twelve (12) (regardless of the availability of child care);

7. Responsible for the care of a dependent child above the age of five (5) and under the age of twelve (12) for whom adequate child care is not available to enable the individual to attend class and work an average of twenty (20) hours per week or participate in a State or federally financed work study program;

8. Participating in a State or federally funded work study program (funded under Part C of Title IV of the Higher Education Act of 1965) during the regular school year;

a. To qualify under this provision, the student must be approved for work study at the time of application for SNAP, the work study must be approved for the school term, and the student must anticipate actually working during that time. The exemption shall begin with the month in which the school term begins, or the month work study is approved, whichever is later. Once begun, the exemption shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.

b. The exemption shall 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.

9. Participating in one (1) of the following programs whether assigned to, placed in, or voluntarily enrolled.

a. The Workforce Innovation and Opportunity Act (WIOA) program (Pub. Law 113-128);

b. An employment or training program subject to the condition that the course or program of study is:

(1) Part of a program of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (as amended through Pub. Law 115-224), designed to be completed in not more than four (4) years at an institution of higher education as defined in §102 of the Higher Education Act (HEA) of 1965 (Pub. Law 910-315); or

(2) Limited to remedial courses, adult basic education, literacy, or English as a second (2nd) language;

c. A program under §236 of the Trade Act of 1974 (Pub. Law 93 618); or

d. A State or local government employment and training program where one (1) or more of the components of such program is at least equivalent to an acceptable SNAP employment and training program component as specified in 7 C.F.R. § 273.7(e)(1).

(1) Using the criteria in 7 C.F.R. § 273.7(e)(1), State agencies shall make the determination as to whether or not the programs qualify.

218 R.I. Code R. § 218-RICR-20-00-1.4

Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023