SR 03-27 Dated 10/03

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

?Á*This SR releases:

·   the restoration of Food Stamp eligibility to qualified alien children under 18 years of age. Non-citizen children who are qualified aliens are eligible for Food Stamp benefits, regardless of the child’s date of entry into the U.S., as long as all other program eligibility requirements are met; and

·   changes in the Food Stamp sponsor-to-immigrant deeming requirements. The income and resources of sponsors are no longer deemed to qualified aliens under age 18 when determining the non-citizen child’s food stamp eligibility and benefit amount.

This SR also releases:

·   a related clarification regarding reporting illegal aliens. In accordance with the Director’s Memo dated 7/14/03, DFA staff must make a report to BCIS regarding a non-citizen’s illegal status, only when the individual has already been designated as officially illegal by BCIS or the Executive Office of Immigration Review;

·   an unrelated policy clarification regarding checking ABAWDS for out-of-state Food Stamp participation months. This requirement has been eliminated; and

·   an unrelated technical correction regarding a 5-day timeframe for the advance notice period (ANP) in the Food Stamp program.

The following chart summarizes the changes in alien eligibility food stamp policy:

BACKGROUND

The Farm Security and Rural Investment Act of 2002 (Public Law 107-171), also known as the 2002 Farm Bill, restored food stamp eligibility to qualified aliens in three phases:

·   The first phase, effective October 1, 2002, restored eligibility to qualified aliens receiving disability benefits (see SR 02-32, dated October 1, 2002).

·   The second phase, effective April 1, 2003, restored eligibility to qualified aliens living in the U.S. for five years (see SR 03-06, dated April 1, 2003).

·   This SR releases the third and final phase of the 2002 Farm Bill immigrant changes by restoring eligibility to qualified aliens under age 18, regardless of the child’s date of entry into the U.S., and eliminating sponsor-to-immigrant deeming requirements for qualified aliens under age 18.

POLICY

Eligibility of Non-Citizen Children

Effective October 1, 2003, qualified alien children under 18 years of age are eligible for food stamp benefits, regardless of the child’s date of entry into the U.S., as long as all other program eligibility requirements are met.

Note: Upon the non-citizen child reaching the age of 18, determine if the individual would continue to be eligible for food stamp benefits under other eligibility criteria (see FSM 305.11, Eligibility for Qualified Aliens).

Sponsor-to-Immigrant Deeming in the Food Stamp Program

Sponsor-to-immigrant deeming principles no longer apply to sponsored qualified aliens under age 18. When determining food stamp eligibility and benefit amount for sponsored non-citizen children, do not count the income and resources of the child’s sponsor (or the sponsor’s spouse).

ALIEN RELATED POLICY CLARIFICATIONS

Reporting Illegal Aliens

In accordance with the Director’s Memo dated 7/14/03, subject "Clarification - Reporting Undocumented Aliens to BCIS," an alien is only reported to BCIS when DFA staff "know" that the individual is not lawfully present in the U.S. "Knowing" is defined as when one’s unlawful presence is supported by a ‘finding of fact or conclusion of law.’

The only persons who may issue findings of fact or conclusions of law are judges, administrative law judges, hearing officers or similar arbiters. Such a finding of fact or conclusion of law must then be supported by a determination from the BCIS or the Executive Office of Immigration Review. An order of deportation is evidence of the BCIS’ support of the finding of unlawful presence.

This means that DFA staff’s duty to report to BCIS is limited only to situations in which a duly authorized individual renders a finding of fact or conclusion of law indicating the applicant’s presence is not lawful and which is supported by a determination by BCIS or the Executive Office of Immigration Review.

If an applicant refuses to provide, cannot provide or simply does not provide documentation of immigration status, DFA’s duty to report has not been triggered. Applications should be denied based on failure to provide necessary information. Similarly, even if an individual self-declares that he or she is illegally present in the U.S., DFA’s duty to report is not triggered unless the self-declaration is accompanied by the documentation identified above.

Finally, the duty to report is limited only to individuals applying for assistance. This includes household members who are included in the assistance group. Any members of the household who are excluded either by choice or by policy from the assistance group are not to be reported even when the supporting documentation is present.

UNRELATED POLICY CLARIFICATION

Out-of-State ABAWDS and 3-Month Eligibility

FSS are no longer required to determine if an ABAWD who moves into New Hampshire has already used up all or a portion of his or her three months of eligibility in another state. FSS must only ensure that ABAWDS within N.H. participate in the Food Stamp Program for only three months out of 36 (if not working or living in a waived area).

UNRELATED TECHNICAL CORRECTION

ANP Timeframes In the Food Stamp Program

During the release of SR 94-04, dated 04/94, text indicating that under some circumstances the advance notice period (ANP) is reduced to 5 calendar days, was inadvertently copied into FSM 141, ADVANCE NOTICE PERIOD. This text has been eliminated because federal regulations mandate that if a Food Stamp-related ANP is required, the time frame for the ANP must be at least 10 calendar days.

PROCEDURES AND SYSTEM CHANGES

New HEIGHTS changes to implement the qualified alien policies released in this SR will migrate to the Production region on September 26, 2003 and will be implemented effective October 1, 2003.

The out-of-state ABAWD field has already been removed from the New HEIGHTS ABAWD screen.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

PART 141   ADVANCE NOTICE PERIOD (ANP)

PART 245   ABLE BODIED ADULTS WITHOUT DEPENDENTS

Section 245.07  Determining the 36 Month and 3 Month Periods of Eligibility

Section 305.09  Determining Qualified Alien Status

Section 305.11  Eligibility for Qualified Aliens

Section 305.13  Qualified Aliens Eligible Without Restriction

Section 305.15  Qualified Aliens Eligible After Meeting Certain Criteria

Section 305.16  General Guide to Alien Eligibility Status in the Food Stamp Program

Section 305.29  Reporting Illegal and Indigent Aliens

PART 409   COMMON TYPES OF RESOURCES: ALIEN SPONSOR'S RESOURCES

PART 511   COMMON TYPES OF INCOME: ALIEN SPONSOR'S INCOME

PART 511   COMMON TYPES OF INCOME: DEEMED INCOME

Section 611.03  Deeming Principles

Section 611.04  Exceptions to the Sponsor-to-Immigrant Deeming Principles

IMPLEMENTATION

The changes identified in this SR are effective October 1, 2003.

CLIENT NOTIFICATION

No special client notification is planned.

TRAINING

No training is planned.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.state.nh.us/DHHS/DFA/LIBRARY, effective November 1, 2003.

This SR, and printed pages with posting instructions, will be distributed under separate cover to all hard copy holders of the Food Stamp Manual.

DFA/JBV:s