10 Colo. Code Regs. § 2506-1-4.304

Current through Register Vol. 47, No. 22, November 25, 2024

Section 10 CCR 2506-1-4.304 - HOUSEHOLD COMPOSITION

A. Determining Household Composition

It is possible for more than one SNAP household to live under the same roof, on the same property, or at the same address.

1. A household is a group of individuals who live together and customarily purchase and prepare food together for home consumption.

2. Each household may apply as a separate household if they are not mandatory household members due to their relationships or financial responsibility.

A. Individuals experiencing homelessness can be determined as a separate household under this provision.

3. If the client is currently purchasing and preparing with other individuals but upon approval of SNAP benefits intends to purchase and prepare separately, separate household status can be granted.

4.304.1MANDATORY HOUSEHOLD MEMBERS

All mandatory household members who live together must be considered in the same household, even if the mandatory individuals declare they do not customarily purchase and prepare their food together for home consumption.

A. Parents and Children

1. A person aged twenty-one (21) years and younger living with their natural or adoptive parent(s) or stepparent(s).

A. If the child lives in the same home with both parents, regardless of marital status or whether or not the parents purchase and prepare their food together, both parents must be included in the SNAP household.

2. A child (other than a foster child) under eighteen (18) years of age who is living with and is under the parental control of a household member other than their parent.

A. A child under eighteen (18) years of age is considered to be under parental control of an individual if the child is financially or otherwise dependent on that individual member of the household unless emancipated as defined by state law.

B. Spouses

1. Spouses refer to:

A. Persons defined as married to each other under state law.

B. Persons living together who are free to marry and are representing themselves as spouses to relatives, friends, neighbors, or the larger community.

2. In situations where a spouse is in an established residence elsewhere but still contributes financially to the household, the value of the financial contribution will be counted as unearned income to the household in determining eligibility. Please refer to section 4.304.4 for more information.

C. Persons aged sixty (60) and older experiencing a disability who live with others whose income exceeds 165% of the Federal Poverty Line (FPL)

1. Persons aged sixty (60) and older who are also experiencing a disability who are unable to purchase and prepare their own meals and are residing with other individuals whose income exceeds 165% of the FPL must be in the same household.

2. When applying the 165% limit test, the spouse of an elderly person with disabilities is not to be considered a member of their household unless the spouse is the person purchasing and preparing meals. If the spouse is not a member of the household, the spouse's income and resources are excluded in calculating the household's eligibility.

4.304.2Children in Shared Custody Arrangements

A. In instances when different households apply for the same child, the household that applies for benefits for the child second must establish that it has majority custody and/or provide a majority of the child's meals.

B. If the second requesting household provides verification that indicates that household possesses majority custody and provides the majority of meals, this constitutes unclear information as to the first household under which the child is currently receiving benefits.

1. A request for contact (RFC) must be initiated on the first case if verification was not previously provided to establish majority custody and/or that the majority of meals are being provided. The confidentiality rules described in Section 4.140 must be followed when making this request.

A. If the two different households applying for the same child cannot agree in which household the child shall receive benefits the household that provides the majority of meals to the child(ren) in question shall include the child(ren) in their household. Depending on the document being used to establish majority custody and majority of meals, the eligibility technician must ensure that they are considering a period of time of sufficient length to accurately capture the custody arrangement, taking into account disruptions to established arrangements such as holidays and school breaks. Eligibility technicians may have to look at a longer period of time than just the last calendar month.

2. If the second requesting household provides verification that conclusively proves it has majority custody of the child and provides majority of meals as of the request to include the child(ren) in its household, the child(ren) should be removed from the first case and added to the second case as detailed in Section 4.604.G to avoid dual participation.

3. If the two households provide an equal number of meals to the child(ren), then the SNAP household currently receiving benefits or who applied first shall receive benefits for the child(ren).

4. If one household fails to provide verification of the percentage of meals they provide to the child(ren), the child(ren) shall remain in the household in which they first began receiving SNAP benefits.

4.304.3Optional Household Members

The following individuals residing with a household shall not be considered household members in determining the household's eligibility or allotment, unless otherwise stated:

A. Persons aged sixty (60) and older experiencing a disability who live with others whose income does not exceed 165% Federal Poverty Level (FPL).

1. Persons aged sixty (60) and older who are also persons with disabilities who are unable to purchase and prepare their own meals and are residing with other individuals whose income does not exceed 165% of the FPL can be in a separate household.

2. When applying the 165% limit test, a person aged sixty (60) and older with disabilities' spouse is not to be considered a member of the household unless the spouse is the person purchasing and preparing meals. If the spouse is not a member of the household, the spouse's income and resources are excluded in calculating the household's eligibility.

B. Foster children

1. If a foster parent chooses not to include a foster child in their SNAP household, the foster child not included will not have their income, resources/assets, or needs included in the eligibility determination for the SNAP household.

2. If the foster parent chooses to include the foster child in their SNAP household, the foster child's income, and resources/assets, as well as their needs, are considered in the eligibility determination.

3. The foster child, including a child and/or spouse of the foster child, may not apply for benefits separately from the foster family unless they are over eighteen (18) and no longer under the parental control of the foster parents.

C. Boarders

1. Boarders are only considered members of a client's SNAP household if the household requests that they be considered household members.

2. If a boarder is not considered a SNAP household member, the boarder's income and resources shall not be considered available to the household.

A. The amount of payment that a boarder gives to a household for lodging and meals shall be treated as self-employment income to the SNAP household.

3. If the SNAP household requests to include the boarder as a household member, the boarder's income and resources/assets shall be considered available to the SNAP household and used in determining eligibility and allotment.

4. Persons who only work and provide no monetary compensation in exchange for meals or who make payments to a third party on the household's behalf in exchange for meals would not be classified as boarders.

5. Boarder status shall not be granted to individuals paying less than a reasonable monthly payment for meals. An individual not paying a reasonable monthly payment for meals will be considered a member of the household which provides the meals and lodging.

A. A reasonable monthly payment is one of the following:

1) Boarders, whose board arrangement is for more than two (2) meals per day, shall pay an amount that equals or exceeds the maximum SNAP allotment for the number of persons in the boarder SNAP household.

2) Boarders, whose board arrangement is for two (2) meals or fewer per day, shall pay an amount that equals or exceeds two-thirds of the maximum allotment for the number of persons in the boarder household.

B. When the boarder's payments for a room are distinguishable from their payments for meals, only the amount paid for meals will be considered in determining if reasonable compensation is being paid for meals.

4.304.31Non-Household Members

The following individuals residing with a household shall not be considered household members in determining the household's eligibility or allotment unless otherwise stated in 4.304.3:

A. Boarders

Boarders are individuals residing with others and paying reasonable compensation for lodging and meals.

Boarders cannot participate in SNAP as separate households.

B. Roomers

Roomers are individuals to whom a household furnishes lodging, but not meals, for compensation.

Roomers who are otherwise eligible may participate in SNAP as separate households.

C. Live-in Attendant

Live-in attendants are individuals who live with a household to provide medical, housekeeping, childcare, or other similar personal services.

Live-in attendants, who are otherwise eligible may, participate in SNAP as separate households.

4.304.32Established Residence Separate and Apart

Mandatory household members who live together must be included in the same household unless one of the mandatory individuals has established a residence separate and apart from the other mandatory household members.

A residence shall only be considered established as separate and apart from mandatory SNAP household members when the individual pays shelter expenses, supports the maintenance of the other residence, or has provided that separate address to other governmental organizations or an employer as their primary residence. Supporting the maintenance of another residence can be demonstrated through paying rent/mortgage, paying utilities, paying insurance, or other charges necessary to maintain the residence.

When it is determined that a person who would normally be considered a mandatory household member has established a residence separate and apart and is not required to be considered part of the SNAP household, any monies that person provides to the SNAP household should be considered as unearned income.

Examples include, but are not limited to:

A. A truck driver who is away from the household, returns at the end of each trip, and has not established a residence separate and apart must be considered a household member.

B. A spouse in the armed forces may be considered a non-household member if the spouse is away on assignment for a calendar month or longer and has established a residence separate and apart.

C. Oil field workers living on-site while working away from the primary residence may be considered a non-household member if the spouse is away on assignment for a calendar month or longer and has established a residence separate and apart.

4.304.4Persons Disqualified or Ineligible to Participate in SNAP

A. Disqualified individuals shall not be allowed to participate in SNAP as separate households. "Disqualified individuals" are individuals disqualified for:

1. IPV/fraud;

2. Failure to either provide or obtain an SSN;

3. Being an ineligible non-citizen;

4. Failure to comply with work requirements;

5. Being an ABAWD who has been disqualified after receiving three (3) months of SNAP benefits within a period of thirty-six (36) months; or,

6. Being a person with a felony conviction who is not in compliance with the terms of their sentence and was convicted as an adult for conduct that occurred after February 7, 2014 for any of the following crimes:

a. Aggravated sexual abuse under Section 2241 of Title 18, United States Code;

b. Murder under Section 1111 of Title 18, United States Code;

c. An offense under Chapter 110 of Title 18, United States Code;

d. A federal or state offense involving sexual assault, as defined in Section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or

e. An offense under state law determined by the attorney general to be substantially similar to an offense described in clause (a), (b), or (c).

B. Individuals who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony shall not be considered eligible household members. If an individual is suspected of being a fleeing felon, either by their own admission or based on a report from law enforcement, the fleeing status must be verified in to determine if the client is eligible for SNAP.

The following four-part test must be used to determine if the individual would be considered a fleeing felon for SNAP:

1. There is an outstanding felony warrant for the individual by a Federal, State, or local law enforcement agency and the underlying cause for the warrant is for committing, or attempting to commit, a crime that is a felony under the law of the place from which the individual is fleeing or is a high misdemeanor under the law of New Jersey; and

2. The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued; and

3. The individual has taken some action to avoid being arrested or jailed; and

4. The Federal, State, or local law enforcement agency is actively seeking the individual as provided in 4.304.4, C, 1.

C. Individuals who are determined to be a parole or probation violator shall not be an eligible household member. To be considered a probation or parole violator, an impartial party, as designated by the agency, must determine that the individual violated a condition of his or her probation or parole imposed under Federal or State law, and that Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole as outlined below.

1. For the purposes of this provision, actively seeking is defined as follows:

a. A Federal, State, or local law enforcement agency informs the local office that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within twenty (20) days of submitting a request for information about the individual to the local office; or,

b. A Federal, State, or local law enforcement agency presents a felony arrest warrant as provided in 4.304.4, B, 1; or,

c. A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within thirty (30) days of the date of a request from a local office about a specific outstanding felony warrant or probation or parole violation.

D. Residents of commercial and noncommercial boarding houses and institutions are not eligible to participate in the Program unless exempt in Section 4.304.41.

1. The household of the proprietor of a boarding house may participate in the Program separate and apart from the residents of the boarding house if that household meets all eligibility requirements for Program participation.

2. An institution is a place which has not been authorized by FNS to accept SNAP benefits, but which provides its residents with more than fifty percent (50%) of their daily meals as a part of its normal services. Residents of a halfway house for persons with a disability are residents of an institution if they are provided meals as part of their regular service.

3. Students who purchase meal plans through an institution of higher education shall be considered residents of an institution if the meal plan provides the student more than fifty percent (50%) of his/her meals, unless the individual is otherwise exempt from the institution provisions as provided in Section 4.304.41.

4.304.41EXEMPTIONS FROM THE BOARDING HOUSE AND INSTITUTION PROHIBITIONS

A. An individual who is a resident of federally subsidized housing for persons aged sixty (60) and older under 12 U.S.C. 1701Q or 12 U.S.C. 1715Z-1.

B. Narcotic addicts or alcoholics and their children, who, for purposes of regular participation in a drug or alcoholic treatment and rehabilitation program, reside at a facility or treatment center.

C. Residents of a public or private nonprofit group living arrangement facility, who are blind or a person with disabilities.

D. Women or women and their children who are temporarily residing in a public or private nonprofit shelter for battered women and children.

E. Residents of public or private nonprofit shelters for homeless persons.

10 CCR 2506-1-4.304

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 21, November 10,2014, effective 12/1/2014

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 05, March 10, 2016, effective 4/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 15, August 10, 2016, effective 9/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 15, August 10, 2018, effective 9/1/2018

40 CR 23, December 10, 2017, effective 12/30/2018

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 17, September 10, 2019, effective 10/1/2019

42 CR 18, October 10, 2019, effective 10/1/2019

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 05, March 10, 2020, effective 2/7/2020

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 19, October 10, 2022, effective 10/1/2022

45 CR 19, October 10, 2022, effective 11/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

46 CR 17, September 10, 2023, effective 9/30/2023

47 CR 15, August 10, 2024, effective 8/30/2024