Section 218-RICR-20-00-1.2 - Household Definitions1.2.1General Household DefinitionA. A household is composed of any of the following individuals or groups of individuals, provided they are not residents of an institution (except as otherwise specified in § 1.2.8 of this Part), are not residents of a commercial boarding house, or are not boarders (except as otherwise specified in § 1.2.6 of this Part): 1. An individual living alone;2. An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; or3. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.1.2.2Special Household DefinitionA. Certain individuals living with others or groups of individuals living together must be considered as customarily purchasing food and preparing meals together, even if they do not do so, and therefore must be included in the same household, unless otherwise specified. 1. Separate household status may NOT be granted to the following:a. A spouse of a member of the household living together; orb. Children under twenty-two (22) and living with their parents, even if married and living with a spouse, a child, or both; orc. Children (other than foster children) under eighteen (18) years of age who live with and are under the parental control of an adult household member other than their parent(s). A child must be considered under parental control if he or she is financially or otherwise dependent on a member of the household; ord. Parents living together with their children who are under age twenty-two (22).1.2.3Elderly/Disabled IndividualsA. Although a group of individuals living together and purchasing and preparing meals together constitutes a single household under the provisions of the General Household Definition, an otherwise eligible member of such a household who is sixty (60) years of age or older and who is unable to purchase and prepare meals because they suffer from a disability considered permanent under the Social Security Act, U.S.C. Title 42 or suffer from a non-disease-related, severe, permanent disability may be a separate household from the others based on the provisions of the Special Definition, provided that the income of the others with whom the individual resides (excluding the income of the spouse of the elderly and disabled individual) does not exceed one hundred sixty-five percent (165%) of the poverty line.1. The SSA's most current list of disabilities is used as the initial step for verifying if an individual has a disability considered permanent under the Social Security Act, U.S.C. Title 42. a. However, only an individual who suffers from such a disability and who is unable to purchase and prepare meals because of such disability is considered disabled for the purpose of this provision.2. If it is obvious to the agency representative that the individual is unable to purchase and prepare meals because they suffer from a severe physical or mental disability, the individual is considered disabled for the purpose of this provision even if the disability is not specifically mentioned on the SSA list.3. If the disability is not obvious to the agency representative, they must verify the disability by requiring a statement from a physician or licensed or certified psychologist certifying that the individual (in the physician's/psychologist's opinion) is unable to purchase and prepare meals because they suffer from one of the non-obvious disabilities mentioned in the SSA list or is unable to purchase and prepare meals because they suffer from some other severe, permanent physical or mental disease or non-disease-related disability. a. The elderly and disabled individual (or their authorized representative) is responsible for obtaining the cooperation of the individuals with whom they reside in providing the necessary income information about the others to the agency for purpose of this provision.1.2.4Non-Household MembersA. Certain individuals are not included as members of the household, unless specifically included as a household member under the provisions of the Special Household Definition in § 1.2.2 of this Part. 1. If not included as a member of the household under the provisions of the Special Household Definition, such individuals must not be included as a member of the household for the purpose of determining household size, eligibility, or benefit level. a. The income and resources of such individuals must be handled in accordance with the provisions of § 1.5.6(C) of this Part.2. The following individuals (if otherwise eligible) may participate as separate households: a. Roomers: Individuals to whom a household furnishes lodging, but not meals, for compensation.b. Live-in Attendants: Individuals who reside with a household to provide medical, housekeeping, child care or similar personal services.c. Other Individuals: Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household.B. Students1. An individual who is enrolled at least half-time in an institution of higher education shall be ineligible to participate in the Supplemental Nutrition Assistance Program unless the individual qualifies for one (1) of the exemptions contained in § 1.4.13 of this Part.2. An individual is considered to be enrolled in an institution of higher education if the individual is enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum or if the individual is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.3. The enrollment status of a student shall begin on the first (1st) day of the school term of the institution of higher education.a. Such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school).1.2.5Ineligible Household MembersA. Some household members are ineligible to receive program benefits (such as certain non-citizens), while others may become ineligible for such reasons as being disqualified for committing an intentional program violation or refusing to comply with a regulatory requirement. 1. These individuals must be included as members of the household for the purpose of defining a household under the provisions of the general and special definitions. a. However, such individuals must not be included as eligible members of the household when determining the household's size for the purpose of comparing the household's monthly income with the income eligibility standard or assigning a benefit level.b. The income and resources of such individuals must be handled in accordance with the provisions of § 1.5.6(A) of this Part, as appropriate.(1) Moreover, these individuals are not eligible to participate as separate households.2. Categories of ineligible individuals include: a. Ineligible Non-citizens: Individuals who do not meet the citizenship or qualified alien status requirements of or the non-citizen sponsorship requirements of § 1.4.12 of this Part.b. Ineligible Able-Bodied Adults without Dependents (ABAWDS): Individuals who are ineligible due to the time limit for able-bodied adults as detailed in § 1.11.9 of this Part.c. Noncompliance with Work Requirements: Individuals who are disqualified for noncompliance with the work requirements found in § 1.11 of this Part.d. Intentional Program Violation: Individuals who are disqualified for an intentional program violation, as set forth in § 1.8 of this Part.e. Social Security Number (SSN) Noncooperation: Individuals who are disqualified for failure to provide or apply for an SSN, as set forth in § 1.4.12 of this Part.f. Failure to Attest to Citizenship/Alienage Status: Individuals who do not attest to their citizenship or alien status as set forth in § 1.4.7 of this Part.g. Fleeing Felons: Individuals who are fleeing to avoid prosecution, custody, or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime or attempt to commit a crime that is a felony under the law of the place from which the individual is fleeing or which, in the case of New Jersey, is a high misdemeanor under the State of New Jersey; or violating a condition of probation or parole imposed under a Federal or State law. (1) An individual is considered to be a "fleeing'' felon, if the following criteria are met: (AA) There is a felony warrant for the individual;(BB) The individual is aware of, or reasonably expects that a warrant has or would have been issued;(CC) The individual has taken some action to avoid being arrested or jailed; and(DD) A law enforcement agency is actively seeking the individual.1.2.6BoardersA. Boarders are defined as individuals or groups of individuals residing with others and paying reasonable compensation to the others for lodging and meals.1. Boarders are ineligible to participate in the program independent of the household providing the board. a. They may participate as members of the household providing the boarder services to them at the household's request.b. For SNAP Program purposes, a foster child or foster care adult is considered a boarder.c. In no event, should boarder status be granted to those individuals or groups of individuals described in § 1.2.2 of this Part, which includes children residing with elderly or disabled parents.2. Boarders are not to be considered members of participant or applicant households, nor is the income and resources of boarders to be considered available to such households. a. However, the amount of payment which a boarder gives to a household for lodging and meals must be treated as self-employment income to the household.3. For program purposes, a boarding house is defined as a commercial establishment which offers meals and lodging for compensation with the intention of making a profit. a. Residents of such boarding houses are not eligible for program benefits.b. The number of boarders residing in a boarding house is not used to determine if a boarding house is a commercial enterprise.c. 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 of the eligibility requirements for program participation.4. To determine if an individual is paying reasonable compensation for meals and lodging in making a determination of boarder status, only the amount paid for meals must be used, provided that the amount paid for meals is distinguishable from the amount paid for lodging. A reasonable monthly payment must be either: a. A boarder, whose board arrangement is for more than two (2) meals a day, must pay an amount which equals or exceeds the Thrifty Food Plan for the appropriate size of the boarder household; or,b. A boarder, whose board arrangement is for two (2) meals or less per day, must pay an amount which equals or exceeds two thirds (2/3) of the Thrifty Food Plan for the appropriate size of the boarder household.5. An individual furnished both meals and lodging by a household, but paying compensation of less than a reasonable amount to the household for such service, is considered a member of the household providing the services.B. None of the income or resources of individuals determined to be boarders and who are not members of the household providing the boarder services is considered available to such household. However, the amount of the payment that a boarder gives to a household must be treated as self-employment income to that household, with the exception of foster care boarders. 1. The procedures for handling self-employment income from boarders (other than such income received by a household that owns and operates a commercial boarding house) are set forth in § 1.5.4 of this Part.2. The procedures for handling income from boarders by a household that owns and operates a commercial boarding household are set forth in § 1.5.4 of this Part.1.2.7Head of HouseholdA. When designating the head of the household in a household with an adult parent and children or an adult who has parental control over children, the household must select an adult parent of children of any age living in the household, or an adult who has parental control over children under eighteen (18) years of age living in the household, provided that all adult members agree to the selection. 1. These households may affect the selection at application, recertification, or whenever there is a change in household composition, but not when a previously-designated head of household has been sanctioned under § 1.11 of this Part.2. If such a household fails to select a head of household, the agency representative shall designate the principal wage earner as the head of household.a. The principal wage earner is the household member (including an ineligible member) who has the greatest amount of earned income in the two (2) months prior to the month of application or month of violation.b. This provision applies only if the employment involves twenty (20) hours or more per week or provides earnings at least equivalent to the Federal minimum wage multiplied by twenty (20) hours.3. For households that do not consist of adult parents and children, or adults who have parental control of children living in the household, the worker will designate the head of household.4. The head of household classification is not used to impose special requirements on the household such as requiring that the head of household, rather than another adult member of the household, appear at the office to make application for benefits.5. In the event that the head of the household or spouse is unable to file the application, another household member may apply for the household, or an adult non-household member may be designated as the authorized representative for that purpose.6. No person of any age living with a parent (or person fulfilling the role of parent) who is: b. Exempt from work registration because they are subject to and participating in a Temporary Assistance for Needy Families (TANF)/Rhode Island Works (RI Works) employment plan; orc. Receiving unemployment insurance; ord. Is employed or self-employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings equal to the Federal minimum wage multiplied by thirty (30) hours shall be considered the head of household unless the person is an adult parent of children and the household elects to designate her/him as its head of household.7. When a new person joins a household with an adult parent of children while either the household or an individual is disqualified for a work requirement or voluntary quit violation, and if the new person is selected by the household to be the head of household as defined above, that new head of household status takes precedence over the status another member may have held.1.2.8Residents of InstitutionsA. Individuals are considered residents of an institution when the facility provides them with the majority of their meals (over fifty percent (50%) of three (3) meals daily) as part of the institution's normal services. Residents of institutions are not eligible for participation in the SNAP Program. 1. Individuals who do not elect to receive the majority of their meals (over fifty percent (50%) of three (3) meals daily) from the facility, such as an Assisted Living facility, would not be considered residents of an institution and would, therefore, be entitled to receive SNAP benefits if otherwise eligible.B. Exceptions to the Institution Rule: 1. Residents of federally subsidized housing for the elderly, built under either § 202 of the Housing Act of 1959, 12 U.S.C. § 1701(q), or § 236 of the National Housing Act, 12 U.S.C. § 1715z - 1(j)(5).2. Narcotic addicts or alcoholics who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, reside at a facility or treatment center. (Refer to § 1.2.12 of this Part)3. Disabled or blind individuals who are residents of group living arrangements (as defined in § 1.2.12 of this Part) and who receive benefits under Title II or Title XVI of the Social Security Act, 42 U.S.C. Chapter 7.4. Women, men or women and men with their children, temporarily residing in a shelter for battered persons and children (as defined in § 1.4.8 of this Part). Such persons temporarily residing in shelters for battered persons and children are considered individual households for the purposes of applying for, and participating in, the program.5. Residents of public or private non-profit shelters for homeless persons (Refer to § 1.4.9 of this Part).1.2.9Pre-Release Program ResidentsA. Residents of public institutions who apply for SSI prior to their release from an institution under the Social Security Administration's Pre-release Program for the Institutionalized are permitted to apply for SNAP benefits at the same time they apply for SSI. These pre-release applicants are processed in accordance with the provisions in § 1.4.10 of this Part.1.2.10StrikersA. Households with striking members are ineligible to participate in the program unless the household was eligible for benefits prior to the strike (Refer to § 1.4.4 of this Part).1.2.11Authorized RepresentativesA. There may be cases when the head of the household or spouse cannot apply for the household. In such cases, another household member may apply or an adult, non-household member may be designated as the authorized representative. 1. An authorized representative is a person designated by the head of the household or the spouse, or any other responsible member of the household, to act on behalf of the household in applying for program benefits, or using the SNAP benefits. a. A private, non-profit organization or institution or a publicly operated community mental health center conducting a drug addiction or alcoholic treatment and rehabilitation program must serve in this capacity, and a group living arrangement may or may not also serve in this capacity, as noted in § 1.2.12 of this Part.2. An authorized representative may be designated for obtaining SNAP benefits on behalf of the household. This designation is made at the time the application is completed. The authorized representative is issued an EBT card for access to SNAP benefits.3. Limits are not placed on the number of households an authorized representative may represent. In the event employers, such as those who employ migrant or seasonal farm workers, are designated as authorized representatives or that a single authorized representative has access to a large number of EBT cards and benefits, caution should be exercised to assure that:a. The household has freely requested the assistance of the authorized representative;b. The household's circumstances are correctly represented, and the household receives the correct amount of benefits; andc. That the authorized representative is properly using the SNAP benefits.B. Liability for Designation 1. It is important that the head of the household or the spouse prepare or review the application whenever possible, even though another household member or the authorized representative will actually be interviewed.2. In conjunction with these provisions, another household member, or the household's authorized representative, may complete work registration forms for those household members required to register for work. a. The agency representative must emphasize to the household that it will be held liable for any over issuance which results from erroneous information given by the authorized representative.C. An authorized representative must be designated in writing by the head of the household, or the spouse, or another responsible member of the household; and be an adult who is sufficiently aware of relevant household circumstances. In the event the only adult member of a household is classified as a non-household member, that person may be designated as the authorized representative for the minor household members.D. The following individuals may not serve as authorized representatives without prior approval as indicated below:1. Agency employees who are involved in the certification and/or issuance processes and retailers who are authorized to transact SNAP benefits may not act as authorized representatives unless a determination has been made that no one else is available to serve.2. Individuals disqualified for fraud cannot act as authorized representatives during the period of disqualification, unless the disqualified individual is the only adult member of the household able to act on its behalf and the agency representative has determined that no one else is available to serve. a. The agency representative determines whether these individuals are permitted to apply on behalf of the household and/or to obtain and purchase goods with SNAP benefits.b. If the agency representative cannot locate anyone qualified to serve as an authorized representative to purchase goods with the SNAP benefits, the disqualified member is allowed to do so.3. Where evidence has been obtained that an authorized representative has misrepresented a household's circumstances and has knowingly provided false information pertaining to the household, or has made improper use of the SNAP benefits, the authorized representative may be disqualified from participating in this capacity in the SNAP for up to one (1) year. a. The affected household(s) and the authorized representative is sent written notification thirty (30) days prior to the date of disqualification. The notification includes:(2) The reason for the proposed action;(3) The household's right to request a fair hearing; the office telephone number and the name of the person to contact for additional information.4. Establishments which provide meals to the homeless may not act as authorized representatives for homeless SNAP recipients.1.2.12Treatment Centers and Group HomesA. Narcotics addicts or alcoholics who regularly participate in a drug or alcohol treatment program on a resident basis and blind or disabled (as defined in § 1.2.8 of this Part) residents of group living arrangements may voluntarily request SNAP benefits.1. Drug and Alcohol Treatment Centersa. The residents of drug or alcoholic treatment centers apply and are certified for program participation through the use of an authorized representative who is an employee of, and designated by, a publicly operated community mental health center, or private non-profit organization or institution, that is administering the treatment and rehabilitation program.b. The center is the authorized representative for the eligible residents and utilizes the SNAP benefits for food prepared by and/or served to the eligible residents. As authorized representative, the treatment center is responsible for complying with the requirements set forth in § 1.4.3 of this Part.2. Group Living Arrangements a. Residents of group living arrangements either apply and are certified through use of an authorized representative employed and designated by the group living arrangement or apply and are certified on their own behalf (or through an authorized representative of their own choice).b. The group living arrangement determines if any resident may apply for SNAP on their own behalf. (1) The determination should be based on an assessment of the resident's physical and mental ability to handle their own affairs.(2) The group living arrangement is encouraged to consult with any other agencies providing services to individual residents prior to a determination.(3) All of the residents of the group living arrangement do not have to be certified either through an authorized representative or individually in order for one or the other method to be used.c. Applications are accepted for any individual applying as a one (1) person household or for any grouping of residents applying as a household. (1) If a resident applies through the facility as the authorized representative, the group living arrangement may either receive and utilize the SNAP benefits for food prepared by and/or served to the eligible resident, or allow the eligible resident to use all or any portion of the allotment.(2) If a resident is certified on their own behalf, the SNAP benefits may either be returned to the facility to purchase meals served either communally or individually to eligible residents or retained and used by the eligible resident to purchase and prepare food for their own consumption. In any case, the group living arrangement is responsible for complying with the requirements set forth in § 1.4.7 of this Part.d. If the group living arrangement has its status as an authorized representative suspended by FNS, eligible residents applying on their own behalf are still able to participate.218 R.I. Code R. 218-RICR-20-00-1.2
Amended effective 4/4/2019
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