211.01 Who Must Be Members (FSM)

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Certify the following as separate SNAP households:

• An individual who lives alone.

• A group of individuals who live, purchase food, and prepare meals together.

• An individual or group of individuals who live with others and who:

- usually purchases and prepares food separately from the others; or

- intends to purchase and prepare food separately from the others after certification.

• An individual age 60 or over (and spouse) who resides with others but cannot purchase and prepare food separately because of a permanent physical or mental disability, or a disability considered permanent under the Social Security Act. Allow separate household status only when all of the following apply:

- the gross income of the other household members (without the elderly person and spouse) is less than 165% of the federal poverty level;

- the elderly individual verifies the others’ income; and

- the elderly individual verifies the disability, if questionable.

• Siblings living together who purchase food and prepare meals separately and are not under the control of an adult household member.

• An individual or group of individuals who are blind or disabled residents of an authorized group living arrangement.

• A resident of federally subsidized housing for the elderly.

• A drug addict or alcoholic living and participating in a treatment program if the treatment center meets the criteria found in FSM 233, ALCOHOL OR DRUG TREATMENT CENTERS.

Exception: Consider children living with their parents who participate in such programs as members of the same household.

• A resident or family in a public or private nonprofit facility that provides shelter for the homeless or serves battered women and children.

Certify the following individuals as one household if they live together:

• Parents and children (natural, adoptive, or step) of any age.

Exceptions:

• Parents and their children age 22 or older may choose to be certified as separate households if they purchase and prepare food separately (or would if the parent were not age 60 or older and disabled).

• Certify an adopted child age 18 up to age 22 who no longer lives with his or her adoptive parents and now lives with his or her birth parent as a separate SNAP household from his or her birth parent when:

- within 10 days of his or her application for SNAP benefits, the child provides a signed statement, under penalty of unsworn falsification, that he or she purchases food and prepares meals separately from his or her birth parent; and

- the birth parent has not reestablished parental rights over the adopted child.

• Children under 18 years of age who are under the parental control of an adult member of the household who is not their parent, even if the adult could qualify for separate household status because of age, target population criteria, or disability.

• Spouses of household members. Spouses are individuals who are married under New Hampshire law or who live together and present themselves to relatives, friends, neighbors, trades people, or others in the community as husband and wife.

Note: A SNAP household can consist of individuals with multiple relationships that require the individuals to be considered one SNAP household. For example, a household consisting of a child under 18 years old, the child’s parent, the child’s guardian, and the spouse of the guardian must be considered one SNAP household because:

• The child must be included with their parent;

• The child must be included with their guardian because a guardian is an adult who has parental control over the child; and

• The spouse must be included with the guardian.

References: He-W 756.01; He-W 756.03; He-W 756.05; RSA 161:4-a,IV; RSA 641:3; 7 CFR 273.1