10-144-301 Me. Code R. § 100-FS 111-2
GENERAL RULE - Only U.S. citizens and certain aliens are eligible for benefits. The presence of an ineligible alien or individual with unverified status does not prohibit the remaining members of a household from being certified.
REPORTING ILLEGAL ALIENS
If the Department has verifiable knowledge that an alien applicant or household member is in the United States illegally, this must be reported to the Immigration and Naturalization Service. Verifiable knowledge would mean that the deportation notice has been seen.
Field staff are to report to Central Office any information concerning verifiable knowledge of an illegal alien. Central Office is responsible for reporting such situations to INS.
Note: Alien status must be verified.
RESOLVING QUESTIONS ABOUT CITIZENSHIP STATUS -
For the purpose of citizenship, the U.S. is defined as:
The fifty states and District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands. In addition, nationals from American Samoa or Swain's Islands are regarded as U.S. citizens.
Children born outside the U.S. are considered citizens if both parents are citizens.
North American Indians who are not U.S. citizens, who enter the U.S. from Canada, must provide verification of Indian status and Canadian citizen status. Verify each family member's status.
As a condition of eligibility, an adult representative of each household shall certify in writing, under penalty of perjury that all members of the household are either citizens or are aliens eligible to receive Food Supplement benefits.
If the household cannot obtain the necessary forms of verification and the household can provide a reasonable explanation as to why verification is not available, the state agency must accept, under penalty of perjury, from a third party indicating a reasonable basis for personal knowledge that the member in question is a U.S. Citizen or Non-Citizen National (persons, and their offspring, born on American Samoan or Swain's Islands). The signed statement must contain a warning of the penalties for helping someone commit fraud. This attestation does not apply to alien status.
Absent verification or third party attestation of U. S. citizenship or non-citizen national status, the member whose status is not determined is ineligible to participate until the issue is resolved. The remaining members of the household may still be eligible.
CITIZENSHIP STATUS AND PROGRAM ELIGIBILITY
Non-citizens who are in the United States temporarily, including visitors, tourists, diplomats, students and undocumented immigrants are not eligible for Food Supplement benefits.
STATE-FUNDED PROGRAM FOR SOME LEGAL NON-CITIZENS***:
PLEASE NOTE: ***the "State-funding" column of the table within refers back to this section.
For purposes of this section, the following definitions apply:
For purposes of the Federally-funded and State-funded FSP:
Please see table, below, for further verification information.
For the State-funded FSP only:
The AS will file a form I 589, "Application for Asylum and for Withholding of Removal" with the appropriate USCIS center.
Verification: The AS will receive an I 797 receipt and approval notice from USCIS to confirm receipt of the asylum application. The AS will also receive a notice for an interview.
An applicant who is a qualified alien or AS who meets the financial eligibility factors but is not eligible for federally-funded FSP may be eligible for the state-funded FSP if he or she meets one of the following criteria:
The individual must provide reasonable and verifiable written evidence of the abuse including but not limited to:
Immigration (including USCIS form I 797, notice of action, and I 918, for victims of qualifying criminal activity), court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual Acceptance of referral to participate in a domestic violence programThe household closes due to eligibility factors such as income or assets; the household qualifies for Federally-funded benefits; or an exception under section 3 no longer applies.
Legal non-citizens who are qualified aliens who do not otherwise meet the criteria for Federally-funded FSP or asylum seekers (including their children under 18 years old, if any) will only be eligible for state-funded Food Supplement assistance if they are:
There will be households that include both aliens and citizens. One example of this is households which include parents who are not citizens and their children who were born in this country and are therefore citizens. In such cases, different funding sources may pay for benefits received by different parts of the household.
NOTE: Verification of noncitizen status is not required for expedited service. (See FS 222-2).
The following chart indicates the funding source for Food Supplement (FS) benefits for noncitizens.
All individuals in groups indicated by * (military status) can receive Federally funded benefits if they meet all other criteria except citizenship and are a veteran, on active duty in the Armed Forces of the United States or the spouse or unmarried dependent of an individual who is a veteran or involved in active duty in the Armed Forces of the United States. Further clarification may be found in the rule following the chart on page 5, below.
Effective October 1, 2003, all children who are qualified aliens and who have not turned 18 years old are eligible for Federal Food Supplement Program regardless of when they came to the United States. Once a child turns 18 years old, the child may continue to receive Federal Food Supplement benefits if he or she meets another eligibility criterion.
Non-Citizen | Federal Funding | StateFunding *** See FS 111-2 pgs 2-5 | Comments |
Refugees admitted under Sec. 207 of INA | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | |
Asylees admitted under Sec. 208 of INA | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | |
Deportees whose deportation is withheld under Sec. 243(h) or 241(b) (3) of INA | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | |
Cuban and Haitian entrants defined in Sec. 501(e) of the Refugee Education Assistance Act of 1980 | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | Verification codes: I-94: Stamp showing admission as a Cuban/Haitian entrant Indication of admission as parolee under Sec. 212 of the INA |
Amerasian immigrants admitted pursuant to Sec. 584 of the Foreign Operations, Export Financing and Related Program Appropriation Act, 1988 and 1989 as amended | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | Verification codes: I-94: AM1, AM2, AM3, I-551: AM6, AM7, AM8 Vietnamese Exit Visa US Passport stamped by INS with the code AM1, AM2, or AM3 |
Alien Status | Federal Funding | State Funding | Comments |
Battered spouse, battered child, or parent or child of a battered person with a petition pending under 204(1)(A) or (B), or 244(a) (3) of INA | * Military status * * Under 18 years of age and lawfully in U.S. on 8/22/96 (eligible until the 18th birthday) or; * Receiving payments or assistance for blindness or disability or; * 65 years of age or older and lawfully in U.S. on 8/22/96; * Indefinite if lived in the U.S. for a period of 5 years from the date of entry or; * 40 qualifying quarters | *** * E * D * DV * H * LH | State-Funded: Confirm status in SAVE. E: DOB in SAVE to confirm age 65. D: Verification of SSI or MRT decision that confirms disability by SSI rules. DV: Documented as defined as per pages 2a -2b of this section H: Client will provide I-797 to confirm receipt of application/pending status for work or a copy of the asylum interview notice. |
Iraqi Special Immigrants eligible under Public Law 110-161 and 110-181, Section 1244. Expires September 30, 2012. | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | Admitted with special immigrant visa under INA Section 101(a)(27) as Lawful Permanent Residents or may adjust to this special immigrant status. |
Afghani Special Immigrants eligible under Public Law 110-161. Due to expire September 30, 2009. | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | Admitted with special immigrant visa under INA Section 101(a)(27) with same eligibility status as Section 207 refugees except for eight-month time limit. |
Individuals lawfully admitted for permanent residence | * Military status* or; * 40 qualifying quarters or; * Receiving payments or assistance for blindness or disability or; * 65 years of age or older and lawfully residing in U.S. on August 22, 1996 or; * Under 18 years of age and lawfully residing in U.S. on August 22, 1996 or; * Indefinite if lived in the U.S. for a period of 5 years from the date of entry. | *** * E * D * DV * H * LH | Includes individuals having and INS I-94 with unexpired temporary I-551 stamp or annotation with stamp showing grant of asylum under sec. 230(a) (7), 207, 208, parolee as "Cuban/Haitian Entrant" under 212(d)(5) or admission for at least one year under sec. 212(d)(5) State-Funded: see criteria below. |
Individuals paroled into the United States under Sec. 212(d)(5) of INA for at least one year | * Military status* or; * Receiving payments or assistance for blindness or disability or; * 40 qualifying quarters or; * 65 years of age or older and lawfully residing in U.S. on August 22, 1996 or; * Under 18 years of age and lawfully residing in U.S. on August 22, 1996 or; * Indefinite if lived in the U.S. for a period of 5 years from the date of entry. | *** * E * D * DV * H * LH | State-Funded: Confirm status in SAVE. E: DOB in SAVE to confirm age 65. D: Verification of SSI or MRT decision that confirms disability by SSI rules. DV: Documented as defined as per pages 2a -2b of this section H: Client will provide I-797 to confirm receipt of application/pending status for work or a copy of the asylum interview notice. |
Individuals granted conditional entrance pursuant to Sec. 230(a)(7) of INA as in effect prior to April 1, 1980 | * Military status* or; * Receiving payments or assistance for blindness or disability or; * 40 qualifying quarters or; * 65 years of age or older and lawfully residing in U.S. on August 22, 1996 or; * Under 18 years of age and lawfully residing in U.S. on August 22, 1996 or: * Indefinite if lived in the U.S. for a period of 5 years from the date of entry. | *** * E * D * DV * H * LH | State-Funded: Confirm status in SAVE. E: DOB in SAVE to confirm age 65. D: Verification of SSI or MRT decision that confirms disability by SSI rules. DV: Documented as defined as per pages 2a -2b of this section H: Client will provide I-797 to confirm receipt of application/pending status for work or a copy of the asylum interview notice. |
American Indians born in Canada to whom provisions of sect. 289 of IWA (8 U.S.C. 1359) apply and members of an Indian tribe as defined in sect. 4(e) of the Indian Self-determination and Education Assistance Act (25 U.S.C. 450(e)) | No waiting period or other additional condition to be eligible for Food Supplement is required * | N/A | |
Individuals acquiring permanent resident status who were admitted to the United States under Sec. 245A of the Immigration Reform and Control Act aka Amnesty aliens | * Not eligible unless granted a qualified status and have lived in the U.S. for a period of 5 years with a qualified status or * Receiving payments or assistance for blindness or disability. | *** * E * D * DV * H * LH | State-Funded: Confirm status in SAVE. E: DOB in SAVE to confirm age 65. D: Verification of SSI or MRT decision that confirms disability by SSI rules. DV: Documented as defined as per pages 2a -2b of this section H: Client will provide I-797 to confirm receipt of application/pending status for work or a copy of the asylum interview notice. |
Hmong and Highland Laotians (including the spouse, unmarried dependent children of such individuals or unremarried surviving spouse of such deceased individuals) who are lawfully residing in the U.S. and were a member of a tribe at the time that tribe aided U.S. personnel during the Vietnam conflict. | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | |
Victims of severe forms of trafficking including spouses, minor children, parents and siblings. | No waiting period or other additional condition to be eligible for Food Supplement is required | N/A | T visas. If older than 18, must be certified by the office of Refugee Resettlement. May be verified through the HHS trafficking victims verification toll -free number 1-866-4015510. |
In Addition:
Immigrants determined to be PRUCOLS (Permanently Residing in the U.S. under Color of Law), but who do not have qualified status under the Immigration and Nationality Act (INA) will nonetheless be eligible for State Funded Food Supplement benefits if they otherwise meet the applicable criteria. As defined in FS 111-2 pgs. 2-5, as of January 1, 2012 new PRUCOL applicants will no longer be eligible for State-funded Food Supplement benefits.
A "veteran" for the purposes of this Section is an individual who served on active duty for a minimum of 24 months (or for the period for which the person was called to active duty) and who was honorably discharged not on account of alienage or who died during active duty service as defined in Sec. 1101 and 1301 of Title 38, USC. Certain Filipino veterans described in Title 107, 38 USC are included in this definition.
The spouse of a deceased veteran or individual on active duty is eligible if he or she is the unremarried surviving spouse of the veteran or person on active duty who is deceased if the marriage period was at least one year or for any time period if a child was born of the marriage or was born before the marriage.
Veteran status is verified as follows:
Veterans who were honorably discharged for reasons other than alienage have a VU Military Discharge Certificate (DD Form 214) that shows Character of Service as "Honorable" and does not show, in the Narrative Reason for Discharge entry that the discharge was based on alien status, lack of US citizenship or other "alienage" reason.
Active duty personnel (other than active duty for training) are verified by green service identity card (Form DD-2) or, rarely by a red service identity card and copy of current orders showing active duty (not active duty for training purposes only).
The distinction between Federal and State eligibility is important only for funding purposes.
Aliens admitted for permanent residence who have military status as defined above or who have at least 40 qualifying quarters of coverage under Title II of the Social Security Act or who can be credited with such qualifying quarters may be eligible for Federally funded Food Supplement benefits. Beginning on January 1, 1997, any quarter in which the individual or the individual's spouse or parent receives TANF or SSI will not be considered in the 40 quarters count. Beginning July, 1998, any quarter in which the individual or the individual's spouse or parent received Food Supplement benefits will not be considered in the 40 quarters count. Individuals admitted for permanent residence who do not have military status or meet the qualifying quarters and who are eligible for Food Supplement benefits except for citizenship status may receive benefits funded by the State.
PROCEDURES REGARDING 40 QUALIFYING QUARTERS
Implementing this requirement will be challenging for the individual immigrants, eligibility workers, and the Social Security Administration (SSA) which is the primary source of quarters of coverage information. While some immigrants will already have 40 quarters clearly established in their Social Security records, others may have been employed in jobs covered by Social Security, but earnings may not have been appropriately reported. Many immigrants, particularly migrant workers, may have difficulty obtaining verification of employment, and SSA will have to work with them to establish quarters.
SSA has developed an automated system to provide State agencies, on an overnight basis, with information on quarters of coverage.
These procedures authorize certification pending verification (CPV) for certain immigrants. Provided an immigrant, alone or in combination with his parents and/or spouse, has spent sufficient time in this country to have acquired 40 quarters of coverage, the individual's attestation to 40 quarters is sufficient. The individual need only state that he or she, alone or in combination with his or her parents and/or spouse, has met the work requirement. No further documentation of earnings is required at application.
If SSA's existing records do not verify that an individual claiming 40 quarters in fact has them and the individual believes SSA's records are not correct, SSA will work with the individual to determine whether additional quarters can be established. Individuals in this situation should be advised of this option and that they will be allowed to participate for 6 months provided SSA certifies that it is working to clarify their records. The individual will be required to provide a document from SSA indicating that the number of quarters is under review. SSA is developing a document to meet this requirement.
If SSA cannot establish additional earnings and the individual does not have 40 qualifying quarters, the State agency shall establish an inadvertent household error claim for the over issuance, unless it determines that the individual knowingly provided false information.
A quarter of coverage is any calendar quarter (beginning January 1, April 1, July 1, or October 1) in which an individual has been paid a specified amount of wages or for which he/she has been credited with a specific amount of self-employment income. Prior to 1978, any quarter in which an individual was paid
(or deemed to be paid) $50 or more in wages for employment covered by the Social Security Act as amended by PL 95-216 is a quarter of coverage. The amount of earnings required for each quarter of coverage after 1978 can be found at https://www.ssa.gov/oact/cola/QC.html.
An individual can also receive a copy of the Quarters of Coverage Chart by writing to:
OFFICE FOR FAMILY INDEPENDENCE
11 State House Station, 109 Capitol Street
Augusta, Maine 04333-0011
A "qualifying quarter" does not literally mean a 3-month period. For example, in 1996 an applicant can receive up to 4 quarters of credit by earning $2,560 or more at any time during the year.
An individual cannot earn more than 4 quarters of coverage per year. However, they can be credited with the quarters earned by a spouse or parent, as mentioned above. For example, if an individual earns an annual amount equal to 5 quarters in a year they will only be credited with 4 quarters of coverage. If his/her spouse works 4 quarters that year, the spouse's benefits can be counted toward the individual's quarters of coverage, giving the individual 8 quarters of coverage.
If an individual earns the annual amount in one quarter it covers all 4 quarters. However, the individual is not credited with the quarters of coverage until they enter the quarter. For example, if an individual earns the annual amount in January, they will earn 4 quarters of coverage, however, they will not be credited for the 2nd quarter until April 1, the 3rd quarter until July 1, or the 4th quarter until October 1.
CERTIFICATION PENDING VERIFICATION PROCEDURES FOR LEGAL IMMIGRANTS IN HOUSEHOLDS WHICH QUALIFY FOR EXPEDITED SERVICE (see FS 222-2)
The following procedures are for legal immigrants who believe that they have a work history that meets the 40 quarters exemption in the law and who are in households which qualify for expedited service. These procedures need not be followed for those legal immigrants who qualify for other exemptions in the law (refugees, asylees, deportees, or applicants with a claim to eligibility based on military service).
To determine eligibility based on social security coverage, the State agency should ascertain the applicant's understanding as to the following:
The number of years reported for the applicant, spouse, and parent(s) should be totaled at this point. If the total is less than 10, the applicant does not meet the 40 quarters requirement and the State agency does not have to go on to question 2.
If the answer to question 2 is 10 years or more, the State agency shall verify, from INS documents, the date of entry into the country of the applicant, spouse and/or parent. If the person was working in a job covered by Social Security, the quarters can be counted even if he/she was not living in this country. According to current guidance from SSA, quarters worked in another country cannot be counted. If the date is consistent with having 10 or more years of work, no further documentation is required at this time. The State agency shall include the immigrant in the household pending verification from SSA. The State agency shall inform these immigrants that a claim will be established for any benefits to which they were not entitled. The State agency shall keep a record of each individual certified pending verification from SSA.
If the dates of entry are inconsistent with having 10 or more years of work, the State agency shall determine the individual ineligible. The State agency shall then inform the applicant of his or her fair hearing rights.
The applicant shall also provide, for purposes of future verification, the full name, Social Security number, date of birth, and sex of each individual (self, parent or spouse) whose work history is relevant to the determination of eligibility. In addition, the applicant shall provide a release form signed by each such individual giving SSA permission to release information on that individual to the State agency and/or the applicant. This form shall be retained in the case file to document the individual's consent.
An adult in the household must sign the Declaration of Citizenship or Lawful Alien Status form. If the status of a household member is questionable, the individual may be asked to provide a birth certificate, religious document or similar proof of birth, voter's registration card, US passport or certificate of naturalization provided by the INS, Tribal records, or letter from the Canadian Department of Indian Affairs.
The individual must be provided a reasonable opportunity to submit acceptable documentation of alien status prior to the 30th day following the date of application. A reasonable opportunity is at least 10 days from the date that the documentation was requested. An individual who has been given a reasonable opportunity to submit documentation and has not done so as of the 30th day following the date of application cannot be allowed to participate until documentation is submitted. If the documentation is requested on the 20th day following the date of application or later, the household must be issued benefits no later than the 30th day after application provided all other conditions of eligibility are met.
* A veteran or an individual on active duty in the United States Armed Forces or the spouse or unmarried dependent child of a veteran or person on active duty is eligible for benefits funded by the Federal government for an unlimited period if in a status noted by *.
10-144 C.M.R. ch. 301, § 100-FS 111-2