Excluded Household Members 430-05-25-40

(Revised 01/01/04 ML2893)

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The following individuals residing with a household must be excluded from the household when determining the household's size for purposes of assigning a benefit level. Correct participation codes for these individuals on SSDO are listed.

 

Excluded household members may not participate as separate households.

 

  1. Drug Felony. Individuals convicted of Federal or State felonies for possession, use, or distribution of illegal drugs are ineligible to participate in the program, when the act occurred after August 22, 1996. The disqualification period is determined using the date of conviction and the 10-10-10 reporting requirements. (DD)
  2. Sale of a Controlled Substance Involving Food Stamp Benefits. An individual found by a Federal, State, or local court to have used or received food stamp benefits, in a transaction involving the sale of a controlled substance. (DF)
  3. Fleeing Felons, Parole or Probation Violators. Fleeing felons (charged with or convicted of any felony), parole or probation violators are ineligible to participate in the program. (DF)
  4. Ineligible aliens. Individuals who do not meet the citizenship or eligible alien status, and those who do not attest to citizenship or alien status at the time of application. Among those excluded are alien visitors, tourists, diplomats and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country. (DI)
  5. Intentional program violation disqualification. Individuals disqualified because they have been found guilty of IPV. (DF)
  6. Social Security Number disqualified. Individuals disqualified for failure to provide a Social Security Number. (DI)
  7. Work Requirements. Individuals disqualified because they failed to comply with the Work Requirements, comparable work requirements for Job Opportunities and Basic Skills (JOBS) or Basic Employment Skills Training Program (BEST) (DW).

Able Bodied Adults Without Dependents must be coded as (DI).

  1. Duplicate Benefits. Individuals convicted of attempting to receive duplicate benefits because they made a fraudulent statement regarding their identity or place of residence after September 20, 1996.  (DF)
  2. Sale of Firearms, Ammunition, or Explosives Involving Food Stamp Benefits. Individuals found by a Federal, State, or local court to have used or received food stamp benefits in a transaction involving the sale of firearms, ammunition, or explosives. (DF)
  3. Trafficking Benefits. Individuals convicted by a Federal, State, or local court of trafficking benefits for an aggregate amount of $500 or more. Aggregating involves the accumulation of separate dollar amounts for separate but related trafficking offenses leading up to a conviction. (DF)

 

Work Requirements

Work requirements for participation do not apply to excluded household members.

 

Exception:

Individuals that are excluded from participation for failure to comply with work requirements must comply or become exempt.

 

Treatment of Assets

The assets of excluded household members are counted in their entirety to the remaining household members.

 

Treatment of Income

The countable income of excluded household members is considered available in its entirety to the remaining household members according to the following:

  1. Count all of the income of members disqualified because of:
  1. A drug felony conviction.
  2. Sale of a controlled substance involving food stamp benefits.
  3. A fleeing felon charge or conviction, or a parole or probation violation.
  4. Food stamp IPV.
  5. Food stamp work requirement.

Exception:

Ineligible ABAWDS

  1. A conviction for attempting to receive duplicate benefits.
  2. Sales of firearms, ammunition, or explosives involving food stamp benefits.
  3. A conviction for trafficking benefits.
  1. Count a prorated share of the income of:
  1. An ineligible alien.
  2. An individual who fails to meet the SSN requirement.
  3. An ineligible ABAWD

When the excluded household member has earned income, the 20% earned income deduction is applied in its entirety to the prorated share of the remaining household members. TECS performs this calculation based on the participation codes of household members.

 

Treatment of Expenses

Expenses of excluded household members are allowed as follows:

  1. Allow all the expenses of members disqualified because of:
  1. A felony drug conviction.
  2. Sale of a controlled substance involving food stamp benefits
  3. A fleeing felon charge or conviction, or a parole or probation violation.
  4. Food stamp IPV.
  5. Food stamp work requirement.

Exception:

Ineligible ABAWDS

  1. A conviction for attempting to receive duplicate benefits. 
  2. Sale of firearms, ammunition, or explosives involving food stamp benefits.
  3. A conviction for trafficking benefits.
  1. Allow a prorated share of the expenses of:
  1. An ineligible alien.
  2. An individual who fails to meet the SSN requirement.
  3. An ineligible ABAWD.

 

That portion of the household's allowable child support, shelter and dependent care expenses that are paid by or billed to the excluded household member are divided evenly among the household members including the excluded member. In order for the TECS system to prorate expenses that are billed to or paid by the excluded household member, the expenses must be listed by the excluded household member. All but the excluded member's share is allowed as a deductible expense for the remaining household members. TECS performs this calculation based on the participation codes of household members.