10-144-301 Me. Code R. § 400-FS 444-4

Current through 2024-51, December 18, 2024

Section 144-301-400-FS 444-4 - Disqualified Members

1.GENERAL RULE

Household members disqualified for the following reasons are not included for benefits:

A. Intentional program violation (IPV) of the SNAP Program (Section 777-2)

B. Work registration noncompliance (non-head of household) (Section 111-5)

C. Job quit or voluntary reduction in work effort (Section 111-6)

D. Fleeing Felon (as defined in Section 999-1)

E. Violation of probation or parole imposed under a federal or state law (ineligible while in violation of the probation or parole condition)

F. Certain felons convicted of violent crimes and sexual assault if all of the following are true:

(1) They were convicted as an adult in any jurisdiction under federal or state law of:

(a) aggravated sexual abuse under 18 United States Code, Section 2241,

(b) murder under 18 United States Code, Section 1111,

(c) an offense under 18 United States Code, Chapter 110,

(d) a federal or state offense involving sexual assault, as defined in Section 40002(a) of the federal Violence Against Women Act of 1994, 42 United States Code, Section 13925(a), or

(e) an offense under a law of this State that is substantially similar to a federal offense described in this subsection;

(2) The conviction is for conduct that occurred after February 7, 2014; and

(3) The individual is not in compliance with the terms of their sentence, parole or probation or is a fleeing felon.

G. Alien status (Section 111-2)

H. Inability or unwillingness to provide documentation of the alien's immigration status

I. Social security number noncompliance (Section 111-4)

J. An intentional program violation of another federal, state, or local welfare assistance program requirement (Section 444-10)

K. Time limited eligibility for able-bodied adults without dependents, ABAWD status (Section 1117)

L. Student status (Section 444-7)

2.CALCULATION OF ASSETS, INCOME, DEDUCTIONS and FAMILY SIZE for DISQUALIFIED HOUSEHOLD MEMBERS

A. DISQUALIFIED MEMBERS (COUNT ALL)

If a household includes a disqualified member who is ineligible due to a SNAP IPV; noncompliance with work registration; job quit or voluntary reduction in work effort; a fleeing felon; violating a condition of probation/parole; certain felons convicted of violent crimes and sexual assault; alien status (except for those aliens, disqualified because of their status, listed under "exceptions," below); or inability or unwillingness to provide documentation of alien's immigration status, then the disqualified member's assets, income, deductions, as well as the family size of the remaining household are calculated as follows:

(1) Assets - 100% of the disqualified member's assets are counted toward the asset level of the household.

(2) Income - 100% of the disqualified member's income is counted toward the income level of household. The disqualified member is not counted as a household member when determining the standard deduction for the household. The assets and income of the sponsor and the sponsor's spouse of an ineligible sponsored alien are not counted.

(3) Deductible Expenses - The entire household's allowable earned income, medical, dependent care, child support, and excess shelter deductions (including disqualified members), are applied to the remaining household members.

(4) Number in Household - Benefits for the household are not increased as a result of the exclusion of one or more household members because of the disqualification. Disqualified member(s) are not included in the household size for the purposes of:

(a) Assigning a benefit level to the household; or

(b) Comparing the household's monthly income with the income eligibility standards; or comparing the household's resources with the resource eligibility limits.

(5)EXCEPTIONS:

The income, assets, and expenses of non-citizens disqualified because of one of the following immigration statuses, are treated according to the procedure under the DISQUALIFIED MEMBER (PRORATED), Subparagraph B, below, and not according to the methodology above:

(a) Lawfully admitted for permanent residence under the INA (See Section 111-2, Page 7);

(b) Granted asylum under section 208 of the Immigration and Naturalization Act (INA) (See Section 111-2, Page 5);

(c) Admitted as a refugee under section 207 of the INA (See Section 111-2, Page 5);

(d) Paroled in accordance with section 212(d)(5) of the INA (See Section 111-2, Page 7)

(e) Those individuals whose deportation or removal has been withheld in accordance with sections 241(b)(3) or 243(h) of the INA (See Section 111-2, Page 5);

(f) Elderly, blind, or disabled in accordance with section 1614(a)(1) of the Social Security Act and is admitted for temporary or permanent residence under section 245 A(b)(1) of the INA (See Section 111-2, Page 9); or

(g) Special agricultural worker admitted for temporary residence under section 210(a) of the INA.

B. DISQUALIFIED MEMBERS (PRORATED)

If a household includes a disqualified member who is ineligible due to social security noncompliance; an intentional program violation of another public assistance program requirement; time limited ABAWD status; or due to an alien status listed under Subparagraph A(5) above, then the disqualified member's assets, income, deductions, as well as the family size of the remaining household are calculated as follows:

(1) Assets - 100% of the disqualified member's assets are counted toward the asset level of the household.

(2) Income - A pro rata share of the disqualified member(s)'s income is counted as income to the remaining members according to the "CALCULATION" below. The disqualified member is not counted as a household member when determining the standard deduction for the household.

CALCULATION

(a) SUBTRACT: Allowable exclusions from disqualified member's income (including the 20% disregard).

(b) DIVIDE: The remaining income by the number of household members (including disqualified member(s)).

(c) SUBTRACT: The income allocated to the disqualified member.

(d) COUNT: The remaining sum is added to eligible household's income.

(3) Deductible Expenses - A pro rata share of the disqualified member's deductible expenses are counted as expenses to the remaining members according to the following calculation:

CALCULATION

(a) ADD: All allowable child support payment, shelter and dependent care expenses which are either paid by, or billed to, the disqualified member(s)

(b) DIVIDE: By number of household members (include disqualified member(s))

(c) SUBTRACT: The deductible expenses allocated to the disqualified member(s).

(d) COUNT: The remaining sum is counted as an allowable expense for the remaining household members.

(4) Number in Household - Disqualified member(s) are not included in the household size for the purposes of:

(a) Assigning a benefit level to the household;

(b) Comparing the household's monthly income with the income eligibility standards; or

(c) Comparing the household's resources with the resource eligibility limits.

C. DISQUALIFIED MEMBERS (COUNT NONE)

If a household includes a disqualified member who is ineligible due to student status, boarders, foster care individuals, roomers, live in attendants, or any other reason not listed in Subparagraphs A or B, above, their assets, income, and expenses are not counted, except as indicated below.

(1) Income - Cash payments from the disqualified member to the remaining of the household are considered income. Vendor payments are not considered income.

When the earned income of one or more eligible household members and the earned income of a disqualified member are combined into one wage, the income of the eligible household members shall be determined as follows:

If the eligible household's share can be identified, that portion is counted as earned income.

If the eligible household's share cannot be identified, the earned income is prorated among all those whom it was intended to cover and that portion prorated to the eligible household members is counted.

CALCULATION - See DISQUALIFIED MEMBERS (PRORATED), Income (Subparagraph B(2), above).

(2) Deductible Expenses - If expenses cannot be separated between the disqualified member and the eligible household, then the expenses are prorated evenly among the persons actually paying or contributing to the expense(s) and only the household's pro rata share is allowed as an expense.

CALCULATION - See DISQUALIFIED MEMBERS (PRORATED), Deductible Expenses (Subparagraph B(3) above).

(3) Number in Household - Disqualified member(s) are not counted in the household size for the purposes of:

(a) Assigning a benefit level to the household;

(b) Comparing the household's monthly income with the income eligibility standards; or

(c) Comparing the household's resources with the resource eligibility limits.

10-144 C.M.R. ch. 301, § 400-FS 444-4