Tenn. Comp. R. & Regs. 1240-01-03-.12

Current through October 22, 2024

Section 1240-01-03-.12 - ELIGIBLE ALIENS

(1) Food Stamp Program.

(a) General Requirements. In addition to US citizens, certain aliens who are otherwise eligible are eligible to receive food stamp benefits. The alien status of each individual in the AG listed on the application as an alien is to be determined prior to certification/approval. Immigration and Nationalization Service (INS) documents presented or secured by the applicant/recipient shall be the primary source of verification of alien status. The Systematic Alien Verification for Entitlements (SAVE) system will be used whenever possible to validate the alien's document and status.

(b) Description of Eligible Aliens.

1. Citizens and eligible aliens. The Department shall prohibit participation in the program by any person who is not a resident of the United States and one of the following:

(i) A United States citizen.

(ii) An alien who meets one of the following conditions, who is otherwise eligible, may receive benefits for a period of seven (7) years after designated alien status is achieved:

(I) a refugee admitted to the United States under section 207 of the Immigration and Nationality Act;

(II) an alien granted asylum under section 208 of the Immigration and Nationality Act;

(III) an alien whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act;

(IV) an alien granted status as a Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act of 1980; or

(V) an alien admitted as an Amerasian immigrant under section 584 of the Foreign Operations, Export, Financing, and Related Programs Appropriations Act of 1988.

(iii) A permanent resident alien who is designated a qualified alien may receive benefits, if otherwise eligible, for an unlimited period of time. A qualified alien is one who:

(I) has worked 40 qualifying quarters of coverage under Title II of the Social Security Act, or can be credited with such qualifying quarters;

I. Beginning January 1, 1997, any quarter in which an alien received any Federal means-tested public benefit (SSI, cash assistance under Title IV-A of the Social Security Act) is not counted as a qualifying quarter.

(II) is a veteran of the U.S. Armed Forces, who was honorably discharged for reasons other than alienage;

I. The veteran must have met the minimum active-duty service requirements of section 5303A(d) of title 38, USC

II. Military personnel who die during active duty service are veterans.

III. Filipinos described in title 107, 38 USC are considered veterans.

(III) is an active duty member of the U.S. Armed Forces (other than active duty for training);

(IV) is the spouse or unmarried dependent child of an individual described in items (II) and (III) of this subpart.

(iv) The requirements in 1240-1-3-.12(1)(b) 1.(i) - (iii) shall not apply to an alien eligible for and participating in the Food Stamp Program at the time of the enactment of Public Law 104-193 (August 22, 1996) until the later of April 1, 1997 or the recertification of their household's eligibility, so long as such recertification has been completed by August 22, 1997.

(v) Except as described in Subpart (ii) of 1240-1-3-.12(1)(b) 1, an individual designated as a qualified alien defined in 1240-1-3-.12 (1(b)1(iii) who enters the United States on or after the date of enactment of PL 104-193 (August 22, 1996) is not eligible for any Federal means-tested public benefit for a period of five (5) years, beginning on the date of the alien's entry into the United States with a status of "qualified alien".

(vi) An otherwise eligible alien who on August 22, 1996 was lawfully residing in the United States and was receiving Supplemental Security Income benefits, is eligible for benefits in the Food Stamp Program.

(vii) An otherwise eligible disabled alien who on August 22, 1996 was lawfully residing in the United States and who is blind or disabled as defined by the Food Stamp Act of 1977, and who is receiving benefits or assistance for blindness or disability, is eligible for benefits in the Food Stamp Program.

(viii) An otherwise eligible individual who is an American Indian born in Canada to whom the provisions of Section 289 of the Immigration and Nationality Act ( 8 USC 1359) apply, or who is a member of an Indian tribe [as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act (25 USC 450 b(e) ], is eligible for benefits in the Food Stamp Program.

(ix) An otherwise eligible individual who on August 22, 1996 was lawfully residing in the United States and who was sixty five (65) years of age or older, is eligible for benefits in the Food Stamp Program.

(x) An otherwise eligible child who on August 22, 1996 was lawfully residing in the United States and who is currently under age eighteen (18), is eligible for benefits in the Food Stamp Program.

(xi) An otherwise eligible individual who is lawfully residing in the United States and who was a member of a Hmong or Highland Laotion tribe at the time the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in Section 101 of title 38, USC), his/her spouse or unmarried dependent child, and/or his/her unremarried surviving spouse, is eligible for benefits in the Food Stamp Program.

(c) Eligibility of Sponsored Aliens. In determining the eligibility and amount of benefits of an alien for any Federal means-tested public benefits program, the income and resources of the alien shall be deemed to include:

1. All income and resources of any person who executed an affidavit of support under section 213A of the Immigration and Nationality Act on behalf of such alien;

2. All income and resources of the spouse of any person described in subparagraph (b)1.(iii) of this paragraph;

3. The income and resources specified in (1)(c)1. and 2. of this paragraph shall apply in determining eligibility at initial application and any reapplication for the alien until such time as the alien:

(i) becomes a naturalized citizen of the United States; or

(ii) has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act, and for any qualifying quarters worked after December 31, 1996, was not a recipient of any Federal means-tested public benefit during that period.

4. If, upon enactment of PL 104-193, a sponsor's income and resources are being deemed to an alien in determining his/her eligibility for any Federal means-tested public benefits program, the deeming provisions in (1)(c)1. and 2. of this paragraph are effective the day after the day of enactment of PL 104-193.

5. If, upon enactment of PL 104-193, no income and resources of a sponsor are being deemed to an alien in determining his/her eligibility for any Federal means-tested public benefits program, the deeming provisions in (1)(c)1. and 2. of this paragraph are effective at any eligibility determination beginning 180 days after the date of enactment of PL 104-193.

(2) Cash Assistance Program

(a) General Requirements. In addition to US citizens, certain aliens who are otherwise eligible are eligible to receive Cash Assistance benefits. The alien status of each individual in the AG listed on the application as an alien is to be determined prior to certification/approval. INS documents presented or secured by the applicant/recipient shall be the primary source of verification of alien status. The Systematic Alien Verification for Entitlements (SAVE) system should be used to validate the alien's documents and status whenever possible.

(b) Description of Eligible Aliens.

1. Citizens and eligible aliens. The Department shall prohibit participation in the program by any person who is not a resident of the United States and one of the following:

(i) A United States citizen;

(ii) An alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, including certain aliens lawfully present in the United States as a result of the application of the following provisions of the Immigration and Nationality Act:

(I) Section 207(c), in effect after March 31, 1980 - Aliens Admitted as Refugees.

(II) Section 203(a)(7), in effect prior to April 1, 1980 - Individuals who were Granted Status as Conditional Entrant Refugees.

(III) Section 208 - Aliens Granted Political Asylum by the Attorney General.

(IV) section 212(d)(5) - Aliens Granted Temporary Parole Status by the Attorney General.

(iii) An alien granted lawful temporary resident status pursuant to section 201, 302, or 303 of the Immigration Reform and Control Act of 1986 ( PL 99-603) who must be either:

(I) A Cuban and Haitian entrant as defined in paragraph (1) or (2)(A) of section 501(e) of PL 96-422, as in effect on April 1, 1983, or

(II) An adult assistance applicant for OAA, AB, APTD, or AABD, or

(III) An applicant for Cash Assistance who is not a Cuban and Haitian applicant under part 3.(i) above who was adjusted to lawful temporary resident status more than five years prior to application.

(iv) All other aliens granted lawful temporary or permanent resident status, pursuant to sections 201, 302, or 303 of the Immigration Reform and Control Act of 1986, are disqualified for five years from the date lawful temporary resident status is granted.

(c) Aliens who apply for Cash Assistance for the first time must have the income and resources of their sponsor considered in determining their eligibility for assistance. The income and resources of the sponsor shall be considered for a period of three years after the alien's entry into the United States. A sponsor is a person who signed an affidavit or other statement accepted by INS as an agreement to support an alien as a condition of the alien's admission for permanent residence in the United States. The alien is responsible for obtaining the cooperation of his/her sponsor and for providing the information necessary to determine the alien's eligibility. This will include material provided in support of the alien's immigration application. Failure to obtain the sponsor's cooperation or to supply the information will result in denial/closure of the application/case. Aliens who are exempted from this provision are aliens who were: paroled into the United States as refugee; granted political asylum by the Attorney General; admitted as Cuban or Haitian entrants; admitted under Section 203(a)(7) of the Immigration and Nationality Act prior to April 1, 1980; admitted under Section 207(c) of the Act after March 31, 1980; alien children of sponsors or of sponsor's spouse; or recipients of AFDC prior to October 1, 1981, or a former AFDC or Families First recipient who reapplies in the future. Any alien under the sponsorship of a public or private agency/organization is not eligible to receive Cash Assistance within three years of entry into the country unless it is proven (and documented) that the agency is unable to meet their sponsorship obligations to the alien. (This may mean that the agency is no longer in existence.) The alien is required to submit documentary evidence as is available to facilitate this determination. Exception: An alien granted permanent resident status through the legalization process is ineligible for a five year period beginning with the date on which she/he was granted temporary resident status.

1. Establishing Income and Resource Amounts. The following steps are necessary in establishing the amount of income and resources which shall be deemed from the sponsor to the alien whether or not these are actually available to the alien.

(i) Income

(I) Determine the gross earned and unearned income of the sponsor and the sponsor's spouse (the latter's income will be considered even if the marriage occurred after the affidavit of support was executed). If the sponsor, and/or spouse receives Cash Assistance or SSI, no income is to be considered available to the alien.

(II) Deduct from the gross earned income (wages, salaries, or net earnings from self employment) 20% of the total of such amounts or $175.00, whichever is less.

(III) Deduct the standard of need for the number of individuals living with the sponsor who are claimed by the sponsor and/or the sponsor's spouse as dependents for Federal personal income tax liability.

(IV) Deduct the amount the sponsor and/or his/her spouse pays to individuals outside the home who are claimed as dependents for Federal income tax purposes.

(V) Deduct any amount paid by the sponsor and/or his/her spouse for child support or alimony to individuals living outside the home.

(VI) The remaining income shall be considered as unearned income to the alien and shall be added to the alien's own income in determining eligibility for assistance.

(VII) Follow Cash Assistance budgeting procedures beginning with the Gross Income Standard test.

(ii) Resources. The provision of considering the income and resources of the sponsor as available to the alien is not waived even though the sponsor may have revoked his/her sponsorship agreement. In those situations where the sponsor has absconded and his/her whereabouts is unknown, the alien(s) would not be eligible for assistance for the period of time for which the sponsor is liable for support, as need could not be established. Income and resources which are deemed to a sponsored alien shall not be considered available to unsponsored members of the alien's family except to the extent the income and resources are actually available. Unsponsored members are not ineligible simply because a sponsored member fails to provide information regarding his/her sponsor. The following are steps to be taken in determining the amount of resources to be deemed from the sponsor to the alien:

(I) Determine the amount of countable resources of the sponsor and the sponsor's spouse as though the sponsor was applying for Cash Assistance.

(II) Deduct $1500.00 from the total countable resources.

(III) The balance of the resources shall be considered available to the alien and added to the alien's own countable resources in determining eligibility.

2. Multiple Sponsorship. When it is determine that an individual has agreed to sponsor multiple families, the amount to be deemed to the eligible families shall be divided equally among the families who are applying for assistance. If only one family applies for Cash Assistance, then the total amount of the sponsor's liability (income and resources) shall be applied to the faintly so applying.

3. Liability for overpayments. Both the sponsor of the alien and the alien shall be jointly and severally liable for any overpayment made to such alien during the three year period following the alien's entry into the United States if such overpayment was due to the sponsor's failure to provide correct information except where it can be established that the sponsor was without fault or where good cause for failure to provide such information can be established. The same procedure for handling overpayments shall be applicable to aliens as for any other Families First recipient.

4. Establishing Good Cause - Good cause for failure of the sponsor to provide correct information to the Department includes the following:

(i) The Department fails to request information regarding the sponsor's income and resources.

(ii) The sponsor has had no direct contact with the Department concerning his/her income and resources, and he/she is unaware of the information provided by the sponsored alien.

(iii) Social and/or language barriers preclude the sponsor's understanding and ability to provide the correct information.

(iv) Other unusual circumstances exist which indicate the failure to provide correct information is beyond the sponsor's control.

Tenn. Comp. R. & Regs. 1240-01-03-.12

Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed August 17, 1982; effective September 16, 1982. Amendment filed March 28, 1983; effective April 27, 1983. Amendment filed January 7, 1985; effective February 6, 1985. Amendment filed August 5, 1986; effective November 29, 1986. Amendment filed May 8, 1987; effective August 29, 1987. Amendment filed February 12, 1988; effective May 29, 1988. Amendment filed April 4, 1997; effective June 18, 1997. Amendment filed September 18, 2001; effective December 2, 2001.

Authority:T.C.A. §§ 4-5-201 et seq., 14-1-105, 14-8-106, 14-27-104, 71-1-105, 71-5-304, 8 USC § 1612(a)(2), 8 USC § 1613(a), 7 C.F.R. 273.8(c)(3), 273.9(b)(4), 273.11(h), 273.11(j), 45 C.F.R. 224.50, 233.50, (a) and (b)(1), 233.51, 233.51 (c)(3), (g)(4) and (5), 233.52, PL 98-369, §2635, PL 104-193 § 403(a)-(d), PL 105-185, and § 503- 508. Federal Register, Volume 51, Number 60 (March 28, 1986).