1105.015.10 Eligibility Unit Members with an Included (IC) EU Member Role

IM-#21 February 21, 2006IM-#140 December 30, 2004IM-#24 March 4, 2002IM-#118 October 5, 1998

There are instances in which an individual resides in an EU, but for reasons listed below are considered “included” but do not have the role of “IN” (individual for whom benefits are requested) in FAMIS. On the Application Detail (FM13) screen, enter “Y” if the individual purchases/prepares food with the EU, “M” if the individual does not purchase/prepare food with the EU but is a mandatory member, and “N” if the individual does not purchase/prepare with the EU. FAMIS makes the determination of the individual's role and will change the role if benefits are requested for an EU member but s/he is not eligible based on the reasons below.

The individual's EU member role shows IC (included) in FAMIS. The individual's income, expenses, and resources are all entered into the system like all other EU members, however FAMIS makes the determination of whether to count the individual's income, resources, and expense in their entirety, less a pro-rata share, or exclude.

Reasons an EU member will be IC (included), but not IN the EU are:

Consider income and resources of EU members with an IC role as available to the remaining EU members as outlined below. Included (IC) EU members may not participate in the program as separate EUs.

1105.015.10.05 Ineligible Immigrants

IM-#140 December 30, 2004IM-#192 October 23, 2001IM-#121 July 2, 2001IM-#142 November 6, 1998

An individual is ineligible to participate in the Food Stamp Program if s/he does not meet the qualified and eligible non-citizen criteria, or if the individual chooses not to declare his/her immigrant status. Ineligible immigrants do not meet criteria of a qualified immigrant, lack documentation of immigration status, or are granted temporary status (such as diplomats, visitors, and students).

Immigrant status is recorded on the Non-Citizen Information (FMML) screen. FAMIS determines whether an individual is eligible based on information entered on the Non-Citizen Information (FMML) screen and Food Stamp Policy at 1105.010.00.

1105.015.10.05.05 Eligibility Determinations for Ineligible Immigrants

IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of an ineligible immigrant on the appropriate screens so they are considered in making the budget and resource determinations. Enter the ineligible member's income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes the individual's income and expenses less a pro rata share, and all the individual's resources. Utility standards are not prorated even if the ineligible immigrant is responsible for the expense.

An ineligible immigrant does not affect the EU's categorical eligibility status if all the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.10 Disqualified for Failure to Provide/Decline to Declare SSN

IM-#140 December 30, 2004IM-#192 October 23, 2001

Providing a social security number is voluntary. However, an individual is ineligible to participate in the Food Stamp Program if s/he does not wish to provide his/her social security number.

Information regarding providing the social security number for each EU member is recorded on the SSN Information (FMAS) screen. FAMIS determines whether an individual is eligible based on information entered on the SSN Information (FMAS) screen.

Refer to policy regarding social security numbers and the user guide Entering and Updating Social Security Number Information for Food Stamp Eligibility Units (EUs) for more information.

1105.015.10.10.05 Eligibility Determinations for Failure to Provide/Decline to Declare SSN

IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of individuals ineligible for failure to provide an SSN on the appropriate screens so they are considered in making the budget and resource determinations. Enter the ineligible member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes the individual's income and expenses less a pro rata share, and all the individual's resources. Utility standards are not prorated even if the individual not providing the SSN is responsible for the expense.

Declining to provide an SSN does not affect the EU's categorical eligibility status if all the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.15 Disqualified for Intentional Program Violations

IM-#21 February 21, 2006IM-#140 December 30, 2004

An individual is ineligible to receive benefits if s/he is found guilty of making a false or misleading statement; misrepresents, conceals, or withholds facts; or commits any act that constitutes a violation of the Food Stamp Act, Regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp benefits. The intentional program violations also include the following:

The disqualification is entered on the Sanction/Disqualification (FMAM) screen, using type codes CDQ (court), HDQ (hearing), or WHC (waiver of hearing). Refer to policy regarding intentional program violations and the user guide Entering a Sanction or Disqualification for more information.

1105.015.10.15.05 Eligibility Determination for Intentional Program Violations

IM-58 June 3, 2005IM-#140 December 30, 2004

Enter the resources and income of individuals disqualified for intentional program violation on the appropriate screens so they are considered in making the budget and resource determinations. Enter the ineligible member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all the individual's income, expenses, and resources.

An EU with a member who is disqualified for an intentional program violation cannot be categorically eligible. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.20 Disqualified for Failure to Comply with Work Registration Components: Job Quit, Reduced Work Hours, or Refusal of an Offer of Suitable Employment

IM-#33 June 24, 2014, IM-#140 December 30, 2004, IM-#192 October 23, 2001

An individual is ineligible to receive benefits if s/he fails to comply with work registration requirements and does not have good cause or is not exempt from work requirements. This ineligibility lasts for a period of time based on whether the noncompliance is the first, second, third, or subsequent occurrence.

The sanction is entered on the Sanction/Disqualification (SANDISQ/FMAM) screen. Refer to the FAMIS User Guide Entering a Sanction or Disqualification for more information.

1105.015.10.20.05 Eligibility Determinations for Failure to Comply with Work Requirement Components: Job Quit, Reduced Work Hours, or Refusal of an Offer of Suitable Employment

IM-#33 June 24, 2014, IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of individuals disqualified for failure to comply with work requirements on the appropriate screens so they are considered in making the budget and resource determinations. Enter the ineligible member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all the individual's income, expenses, and resources.

An EU, whose head of the EU is sanctioned for failure to comply with work registration requirements, cannot be considered categorically eligible. An EU member other than head of EU who is sanctioned for failure to comply with work registration requirements does not affect the EU's categorical eligibility status if all of the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member(s) is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (CATELIG/FMMK) screen.

1105.015.10.25 Failure to Meet the 18 through 49 Year Old (ABAWD) Work Requirement

IM-#51 August 31, 2016,IM-#32 June 16, 2014, IM-#106 December 7, 2006, IM-#140 December 30, 2004IM-#192 October 23, 2001

An individual is not eligible to receive benefits if s/he does not meet the 18 through 49 year old (ABAWD) work requirements and has already received three non-work months in a 36-month period from any state. Enter information for non-work months and meeting the work requirement on the Training/Work Requirements (WORKREQ/FMMR) screen. FAMIS makes the determination of whether the individual is meeting the work requirement or is ineligible for benefits, from the entries on the Training/Work Requirements (WORKREQ/FMMR) screen.

Refer to policy regarding the 18 through 49 year old (ABAWD) work requirement and the user guide Adding and Updating Training/Work Requirements for more information.

1105.015.10.25.05 Eligibility Determinations for Failure to Meet the 18 through 49 Year Old (ABAWD) Work Requirement

IM-#32 June 16, 2014, IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of individuals not meeting the ABAWD work requirement on the appropriate FAMIS screens so they are considered in making the budget and resource determinations.  FAMIS includes all the individual's income and expenses, less a pro rata share, and includes all the individual's resources. Utility standards are not prorated even if the individual not complying with the ABAWD work requirement is responsible for the expense.

If an 18 through 49 year old EU member is ineligible due to the time limit, the EU's categorical eligibility status is not affected if all of the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member(s) is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (CATELIG/FMMK) screen for those EU members who receive Community Partnership (CPS) and Supplemental Payment (SAP) services.

1105.015.10.30 Ineligible Students

IM-#140 December 30, 2004IM-#192 October 23, 2001

An individual is ineligible to receive benefits if s/he is a student and does not meet or is not exempt from meeting eligible student criteria. Eligible student status is recorded on the Education/Student Information (FMAJ) screen. FAMIS determines the student is eligible or ineligible based on the worker's offline determination entered on the screen.

Refer to Food Stamp Manual section 1135.025.00 for policy on student criteria.

1105.015.10.30.05 Eligibility Determinations for Ineligible Students

IM-#21 February 21, 2006IM-#87 August 18, 2005IM-#140 December 30, 2004

Enter the resources and income of individuals who are ineligible students on the appropriate screens so they are considered in making the budget and resource determinations. Enter the ineligible member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS excludes all the individual's income, expenses, and resources. It is important to go ahead and capture the information at application or when reported, so the information is recorded if the individual's student status changes.

NOTE: Income of an ineligible student which is given to the EU is considered unearned income (contribution) to the EU.

An ineligible student does not affect the EU's categorical eligibility status if all of the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member(s) is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.35 Disqualified for Felony Drug Conviction

IM-#52 June 12, 2015, IM-#18 March 18, 2015, IM-#7 January 15, 2015, IM-#77 December 31, 2014, IM-#53 October 3, 2014, IM-#21 February 21, 2006IM-#140 December 30, 2004, IM-#97 July 27, 1999

Drug related offenses committed or convictions on or before August 22, 1996 do not affect eligibility for assistance. Individuals convicted of a drug-related felony on or after August 22, 1996, related to illegal possession or use of a controlled substance are disqualified from receiving Food Stamp benefits, unless the individuals meet an exception to the disqualification (see EXCEPTIONS to FELONY DRUG CONVICTION DISQUALIFICATION below.)

NOTE: The exception is only allowed for drug convictions related to the illegal possession and use of a controlled substance.  Convictions such as manufacturing or distribution are not eligible for the exception.

NOTE: A suspended imposition of sentence (SIS) is not a conviction. A suspended execution of sentence (SES) is a conviction.

NOTE: This disqualification differs from the purchasing a controlled substance (PCS) discussed in 1105.015.10.15. This disqualification is a conviction in a court of law related to illegal possession, use, or distribution of a controlled substance. The purchasing a controlled substance disqualification is based on purchasing a controlled substance with Food Stamp benefits.

A question asking the applicant if any EU member has been convicted of a felony drug offense on or after August 22, 1996 is in the controlled flow. If the applicant answers yes for any EU member, enter the appropriate information on the Declaration Detail (FMMN) screen. If the EU member is not eligible for an exception, enter the disqualification on the Sanction/Disqualification (FMAM) screen using type DUC. Refer to the Entering a Sanction or Disqualification user guide for instructions.

The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications) or when the individual no longer meets an exception. If the individual should have been disqualified prior to this time and received Food Stamp benefits, enter a claim following current claim policy. If the individual meets an exception the begin date is the month and year of the date of conviction being entered.

If the conviction becomes known at times other than during the controlled flow, do not enter any information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type DUC. Refer to the Entering a Sanction or Disqualification user guide for instructions.

1105.015.10.35.05 Eligibility Determinations for Felony Drug Conviction

IM-#53 October 3, 2014, IM-#140 December 30, 2004

Enter the income of the individual on the Income (FMX0) screen and enter the individual's resources on the appropriate resource screens. FAMIS includes all the income and resources in budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses on the appropriate screens. FAMIS includes the entire expenses and deductions in the total EU deductions and expenses.

NOTE:  An EU with a member who is disqualified for a felony drug conviction cannot be categorically eligible.

1105.015.10.35.10 Exceptions to Felony Drug Conviction Disqualification

IM-#18 March 18, 2015

Individuals convicted in Federal or State court of a felony, committed after August 22, 1996, related to illegal possession or use of a controlled substance may be eligible for Food Stamp benefits if they meet the criteria to receive an exception from the felony drug conviction disqualification.

Effective August 28, 2014, to receive Food Stamp benefits, individuals currently disqualified and new applicants must meet the following conditions.

All individuals who request an exception must:

Individuals Not in Custody with No Conviction or Plea within the Prior Three Years

If the individual has not been in custody for, or has not been found guilty, or pleaded guilty or no contest for, a controlled substance misdemeanor or felony offense in the three years prior to the date of application or date of request to add a person to a Food Stamp case they must:

When the individual has not been in custody for, or has not been found guilty, or pleaded guilty or no contest to a controlled substance misdemeanor or felony offense in the three years prior to the date of application or date of request to add a person to a case, Client Statement (CS) is acceptable verification for:

Individuals in Custody, or with a Conviction or Plea within the Prior Three Years

If the individual has been in custody for ,or has a misdemeanor or felony conviction,  guilty plea, or plea of no contest for, a controlled substance offense less than three years prior to the date of application or date of request to add a person to a Food Stamp case, they must:

1105.015.10.40 Disqualified for Probation/Parole Violation

IM_#42 July 06, 2016, IM-#140 December 30, 2004  IM-#118 October 5, 1998

An individual is ineligible to participate in the Food Stamp Program if violating any condition of probation or parole (p/p) imposed under a Federal or State Law.  FSD must attempt to clarify the EU's circumstances before taking action, with or without the EU being present.   FSD must process all applications within processing time frames and not pend to clarify an individual's p/p status.

Clarifying EU circumstances

It is possible that the p/p violation becomes known at times other than during the interview.   FSD may contact the household for clarification. If FSD discovers there is a potential p/p violation, either from the household, law enforcement or any other means, identify if the EU member is currently in violation of the terms of p/p.

FSD staff must take all of the following steps:

  1. Contact the Federal or State Department of Corrections office as the impartial party to determine the violator status of a p/p individual (i.e. if that the individual violated a condition of his or her p/p imposed under Federal or State law);

    NOTE: Face to face contact with the impartial party is not required.

  2. Determine if law enforcement is actively seeking this individual for the p/p violation;
  3. Update FAMIS with all actions taken and information gathered;
  4. If it is determined the individual is a p/p violator enter a disqualification;
  5. If this is a one person household, the case will close.  Otherwise, determine the eligibility and benefit level of any remaining household members, apart from the p/p violator
  6. Establish a claim. 

Once the individual is not meeting the appropriate criteria, s/he may be certified.  A new determination of the p/p violator status would need to be made each time the individual applies.

1105.015.10.40.05 Eligibility Determinations for Probation/Parole Violation

IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of individuals disqualified as a probation/parole violator on the appropriate screens so they are considered in making the budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all income, resources, and expenses of the EU member disqualified for violating the terms of probation or parole.

Disqualification for being a fleeing felon does not affect the EU's categorical eligibility (CE) status if all the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.45 Disqualified for Fleeing Felon

IM#115, August 29, 2017, IM_#42 July 06, 2016, IM-#140 December 30, 2004  IM-#118 October 5, 1998

FSD must process all applications within processing time frames and not pend to establish if an individual is a fleeing felon.

Fleeing felons are ineligible for Food Stamp benefits if they are fleeing to avoid:

All 4 of the following must be present and verified in order to disqualify an individual as a fleeing felon:

  1. There has to be an outstanding felony warrant and the warrant must conform to codes of Escape, Flight to Avoid or Flight-Escape for an individual; and
  2. The individual has to be aware of, or should reasonably have been able to expect that, a warrant has or would have been issued; and
  3. The individual has to have taken some action to avoid being arrested or jailed; and
  4. A law enforcement agency must be actively seeking to apprehend the individual and interact with FSD:

FSD staff must take the following steps when someone is identified as a fleeing felon:

  1. Work with law enforcement as appropriate; and
  2. Update FAMIS with all actions taken and information gathered; and
  3. Enter a disqualification (if applicable); and
  4. If the household fails to provide required information close the Food Stamp case using an Adverse Action Worker Closing (AAWC) action and COO (failed to cooperate) for the reason. Refer to the Worker Initiated Closing user guide for instructions.
  5. Establish a claim (if applicable). 
  6. Determine the eligibility and benefit level of any remaining household members, apart from the fleeing felon:

Once the individual is not meeting the appropriate criteria, s/he may be certified.  A new determination of the fleeing felon status would need to be made each time the individual applies.

1105.015.10.45.05 Eligibility Determinations for Fleeing Felons

IM-#21 February 21, 2006IM-#140 December 30, 2004

Enter the resources and income of individuals disqualified as a fleeing felon on the appropriate screens so they are considered in making the budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all income, resources, and expenses of the EU member disqualified for fleeing felon status.

Disqualification for being a fleeing felon does not affect the EU's categorical eligibility (CE) status if all the remaining EU members receive Temporary Assistance, SSI, SAB, or SP benefits, or any remaining EU member is authorized to receive special support services. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.50 Disqualified for Trafficking Food Stamps

IM-#140 December 30, 2004  IM-#118 October 5, 1998

An individual is permanently ineligible to participate in the Food Stamp Program if convicted in a Federal or State court of trafficking in Food Stamp benefits of $500 or more. Ineligibility begins with the date of conviction.

A question asking the applicant if any EU member has been convicted of a trafficking offense is in the controlled flow. If the applicant answers yes for any EU member, enter the appropriate information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type TRA. Refer to the Entering a Sanction or Disqualification user guide for instructions.

The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications). If the individual should have been disqualified prior to this time and received food stamp benefits, enter a claim following current claim policy.

It may be possible that the conviction becomes known at times other than during the controlled flow. For example, the Welfare Investigation Unit (WIU) may notify the worker that the EU member has been convicted of trafficking. Do not enter any information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type TRA. Refer to the Entering a Sanction or Disqualification user guide for instructions.

1105.015.10.50.05 Eligibility Determinations for Trafficking

IM-#140 December 30, 2004

Enter the resources and income of individuals disqualified for trafficking on the appropriate screens so they are considered in making the budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all income, resources, and expenses of the EU member disqualified for trafficking.

An EU with a member who is disqualified for trafficking cannot be categorically eligible. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.55 Disqualified for Trading Food Stamp Benefits for Guns, Ammunitions, or Explosives

IM-#24 March 15, 2012

An individual is permanently ineligible to participate in the Food Stamp Program if convicted in a Federal or State court after 9/22/96 of trading Food Stamp benefits for guns, ammunitions, or explosives. Ineligibility begins with the date of conviction.

A question asking the applicant if any EU member has been convicted of trading benefits for guns, ammunitions, or explosives is in the controlled flow. If the applicant answers yes for any EU member, enter the appropriate information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type TRA. Refer to the Entering a Sanction or Disqualification user guide for instructions.

The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications). If the individual should have been disqualified prior to this time and received Food Stamp benefits, enter a claim following current claim policy.

It may be possible that the conviction becomes known at times other than during the controlled flow. For example, the Welfare Investigation Unit (WIU) may notify the worker that the EU member has been convicted of trading Food Stamp benefits for guns, ammunitions, or explosives. Do not enter any information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type TRA. Refer to the Entering a Sanction or Disqualification user guide for instructions.

1105.015.10.55.05 Eligibility Determinations for Trading Food Stamp Benefits for Guns, Ammunitions, or Explosives

IM-#24 March 15, 2012

Enter the resources and income of individuals disqualified for trading Food Stamp benefits for guns, ammunitions, or explosives on the appropriate screens so they are considered in making the budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all income, resources, and expenses of the EU member disqualified for trading benefits for guns, ammunitions, or explosives.

An EU with a member who is disqualified for trading benefits for guns, ammunitions, or explosives cannot be categorically eligible. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.

1105.015.10.60 Disqualified for Trading Food Stamp Benefits for Drugs

IM-#24 March 15, 2012

An individual is permanently ineligible to participate in the Food Stamp Program if convicted in a Federal or State court after 9/22/96 of trading Food Stamp benefits for drugs. Ineligibility begins with the date of conviction.

A question asking the applicant if any EU member has been convicted of trading Food Stamp benefits for drugs is in the controlled flow. If the applicant answers yes for any EU member, enter the appropriate information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type PCS. Refer to the Entering a Sanction or Disqualification user guide for instructions.

The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications). If the individual should have been disqualified prior to this time and received Food Stamp benefits, enter a claim following current claim policy.

It may be possible that the conviction becomes known at times other than during the controlled flow. For example, the Welfare Investigation Unit (WIU) may notify the worker that the EU member has been convicted of trading Food Stamp benefits for drugs. Do not enter any information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type PCS. Refer to the Entering a Sanction or Disqualification user guide for instructions.

1105.015.10.60.05 Eligibility Determinations for Trading Food Stamp Benefits for Drugs

IM-#24 March 15, 2012

Enter the resources and income of individuals disqualified for trafficking on the appropriate screens so they are considered in making the budget and resource determinations. Enter the disqualified member's share of income deductions and allowable expenses in the total EU deductions and expenses. FAMIS includes all income, resources, and expenses of the EU member disqualified for trafficking.

An EU with a member who is disqualified for trading Food Stamp benefits for drugs cannot be categorically eligible. Enter the appropriate CE status on the Categorically Eligible (FMMK) screen.