5101:4-6-13 Food assistance: determining eligibility of assistance groups with ineligible members.  

  • Text Box: ACTION: Final Text Box: DATE: 11/21/2005 10:14 AM

     

     

     

    5101:4-6-13                 Food  stamps:  Determining  determining  eligibility  of  AGs assistance groups (AGs) with ineligible members.

     

     

     

    (A)    During the period of time that an AG member cannot participate for the reasons addressed in this rule, the eligibility and benefit level of any remaining AG members shall be determined in accordance with the procedures outlined in this rule.

     

    (B)     Intentional program violation (IPV), fleeing felon disqualifications, and work requirements [which includes work experience program (WEP)] sanctions.

     

    The eligibility and benefit level of any remaining AG members of an AG containing individuals determined ineligible because of a disqualification for an IPV, their fleeing felon status, or noncompliance with a work requirement of rule 5101:4-3-11 of the the Administrative Code shall be determined as follows:

     

    (1)    The income and resources of the ineligible AG member(s) shall continue to count in their entirety and the entire AG's allowable earned income, standard, medical, dependent care, legally obligated child support, and excess shelter deductions shall continue to apply to the remaining ag AG members.

     

    (2)   The ineligible member shall not be included when determining the AG's size for the purposes of:

     

    (a)   Assigning a benefit level to the AG;

     

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

     

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

     

    (3)   The county agency shall ensure that no AG's benefit allotment is increased as a result of the exclusion of one or more AG members.

     

    (C)   Social security number disqualifications, failure to perform an action required under rule 5101:4-3-09 of the Administrative Code, and ineligible able-bodied adults without dependents.

     

    The eligibility and benefit level of any remaining AG members of an AG containing individuals determined to be ineligible for refusal to obtain or provide a social security number, for meeting the time limit for able-bodied adults without dependents, or for being disqualified under rule 5101:4-3-09 of the Administrative Code shall be determined as follows:

     

     

     

    (1)     The resources of such ineligible members shall continue to count in their entirety to the remaining AG members.

    (2)   A pro rata share of the income of such ineligible members shall be counted as income to the remaining members. This pro rata share is calculated by first subtracting the allowable exclusions from the ineligible members' income and dividing the income evenly among the AG members, including the ineligible members. All but the ineligible members' share is counted as income for the remaining AG members.

    (3)   The twenty per cent earned income deduction shall apply to the prorated income earned by such ineligible members which is attributed to the remaining AG members. That portion of the AG's allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible members shall be divided evenly among the AG's members including the ineligible members. All but the ineligible members' share is counted as a deductible child support payment, shelter or dependent care expense for the remaining AG members.

    (4)    The ineligible member members shall not be included when determining the AG's size for the purposes of:

    (a)   Assigning a benefit level to the AG;

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

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

    (D)   The county agency must determine the eligibility and benefit level of any remaining AG members of an AG containing an ineligible alien as follows:

    (1)    The county agency must count all but a pro rata share of an ineligible alien's income and deductible expenses and all of an ineligible alien's resources in accordance with paragraph (C) of this rule for an ineligible alien:

    (a)     Who was in an ineligible category prior to the PRWORA Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 under section 6(f) of the Food Stamp Act of 1977, such as:

    (i)   Visitors;

    (ii)   Tourists;

    (iii)   Diplomats;

    (iv)   Students; and

    (v)   Undocumented aliens; or

    (b)   Who is in one of the additional categories made ineligible with PRWORA such as an ineligible alien:

    (i)      Who  is  lawfully  admitted  for  permanent  residence  under  the INAImmigration and Nationality Act (INA) of 1952 ;

    (ii)   Who is granted asylum under section 208 of the INA;

    (iii)   Who is admitted as a refugee under section 207 of the INA;

    (iv)   Who is paroled in accordance with section 212(d)(5) of the INA;

    (v)   Whose deportation or removal has been withheld in accordance with section 243 of the INA;

    (vi)      Who is aged, blind, or disabled in accordance with section 1614(a)(1) of the Social Security Act of 1935 and is admitted for temporary or permanent residence under section 245A(b)(1) of the INA;

    (vii)      Who  is  a  special  agricultural  worker  admitted  for  temporary residence under section 210(a) of the INA; or,

    (viii)   Who has undocumented immigration status.

    (E)   The county agency must compute the income of the ineligible aliens using the income definition specified in rule 5101:4-4-19 of the Administrative Code and the income exclusions according to rule 5101:4-4-13 of the Administrative Code.

    (F)   For the purposes of paragraph (D) of this rule, the county agency must not include the resources and income of the sponsor and the sponsor's spouse in determining the

    resources and income of an ineligible sponsored alien.

    (G)      Whenever an individual is excluded determined ineligible within the AG's certification period, the county agency shall determine the eligibility or ineligibility of the remaining ag AG members based, as much as possible, on information in the case file.

    (1)    If an AG's benefits are reduced or terminated within the certification period because one of its members has been excluded because of disqualification for an intentional program violation., The the county agency shall notify the remaining members of the their eligibility and benefit level at the same time the excluded member is notified of the his or her disqualification.

    The AG is not entitled to a notice of adverse action, but may request a fair hearing to contest the reduction or termination of benefits unless the AG has already had:

    (a)   A fair hearing to contest the reduction or termination of benefits; or,

    (b)   A fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing.

    (2)    If an AG's benefits are reduced or terminated within the certification period because one or more of its members are being excluded for reasons other than an intentional program violation disqualification, the county agency shall issue a notice of adverse action which informs the AG that:

    (a)   The individual is being excluded;

    (b)   The reason for the exclusionineligibility;

    (c)   The eligibility and benefit level of the remaining AG members; and,

    (d)    The actions that the AG must take to end the exclusionineligibility, if applicable.

    Effective:                                                     12/01/2005

    R.C. 119.032 review dates:                         09/15/2005 and 12/01/2010

    CERTIFIED ELECTRONICALLY

    Certification

    11/21/2005

    Date

    Promulgated Under:                           111.15

    Statutory Authority:                           5101.54

    Rule Amplifies:                                  329.04. 329.042, 5101.54

    Prior Effective Dates:                         6/2/80, 12/1/80, 4/1/81, 10/1/81, 9/27/82, 8/1/83,

    9/24/83 (TEMP.), 11/11/83, 10/1/86, 1/16/87 (EMER.), 4/6/87, 1/1/91, 8/1/92 (EMER.), 10/30/92, 9/1/94, 9/22/96 (EMER.), 12/21/96, 1/1/97 (EMER.),

    3/23/97, 4/1/97 (EMER.), 6/6/97, 7/1/97 (EMER.),

    8/14/97, 9/3/97 (EMER.), 10/24/97, 2/1/99, 6/1/01 (EMER.), 8/27/01

Document Information

Effective Date:
12/1/2005
File Date:
2005-11-21
Last Day in Effect:
2005-12-01
Five Year Review:
Yes
Rule File:
5101$4-6-13_FF_A_RU_20051121_1014.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5101:4-6-13. Food assistance: determining eligibility of assistance groups with ineligible members