November 8, Dear Call Center Operator,

Transcription

1 November 8, 2007 Dear Call Center Operator, Thank you for using SuperFAST (Food Stamp Application and Screening Tool)! SuperFAST is a tool that will help you determine if callers are potentially eligible for the Food Stamp Program. This guidebook will give you step-by-step instructions on how to use SuperFAST. The Food Stamp Program, our nation s first line of defense against hunger and malnutrition, can be an effective way to increase households ability to purchase healthy food. Using SuperFAST to give callers an idea of whether they may be eligible for food stamp benefits will encourage them to contact their county office and apply. Before beginning to use SuperFAST, please read this guidebook carefully. It will provide you with the essential information you need to best serve your callers. By providing callers with friendly service and accurate information, you can help alleviate hunger in California. Thank you for your efforts, Rachel Winch Emerson National Hunger Fellow Network for a Healthy California Jessica Bartholow Statewide Program Manager California Association of Food Banks

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3 SuperFAST (Food Stamp Application and Screening Tool) Call Center Operator Instruction Guidebook Rachel Winch Bill Emerson National Hunger Fellow In partnership with Network for a Healthy California and California Association of Food Banks Funded by the U.S. Department of Agriculture Food Stamp Program, an equal opportunity provider and employer through the Network for a Healthy California. For information about the Food Stamp Program in California, please call

4 About the author Rachel Winch is a Bill Emerson National Hunger Fellow completing a field placement at the Network for a Healthy California. The Bill Emerson National Hunger Fellows Program is a yearlong leadership development program that trains emerging leaders in the fight against hunger in the U.S. The Bill Emerson Fellows are a living tribute to the late Representative Bill Emerson, who devoted his energies to assisting the poor. Acknowledgements The author extends her appreciation to the Network for a Healthy California (Network), California Association of Food Banks (CAFB), Public Health Institute, Alameda County Community Food Bank (ACCFB), and Congressional Hunger Center. Special thanks to Stephanie Nishio (Network), Jessica Bartholow (CAFB), Liz Gomez (ACCFB), Yari Gonzalez (ACCFB), and Winnie Yi (ACCFB). For more information, please contact: Rachel Winch rwinch@hungercenter.org Phone: Fax:

5 Table of Contents INTRODUCTION... 1 GETTING STARTED... 3 SCREENING... 5 Step 1: Is anyone in your household eligible?... 5 Step 2A: Household Size Total... 8 Step 2B: Household Size Eligible... 9 Step 3: Elderly or Disabled Household Step 4: Resources Step 5A: Income Step 5B: Income Additional Step 6: Expenses and Deductions Step 6A: Expenses Dependent Care Step 6B: Expenses Medical Step 6C: Expenses Shelter Step 7: Results GLOSSARY APPENDIX Facts You Should Know About the Food Stamp Program Food Stamp Frequently Asked Questions (FAQs) Food Stamp Myths and Facts i

6 Frequently Asked Questions Regarding Immigrants and Food Stamps.. 34 U.S. Citizenship and Immigration Services Public Charge Letter 36 Expedited Service The Application Process Interview Documents to Bring to Your Interview SOURCES List of Tables Table 1: FFY 2008* Maximum Food Stamp Allotments Table 2: Included and Excluded Resources Table 3: FFY 2008* Gross and Net Monthly Income Limits Table 4: Allowed deductions ii

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8 Introduction This Guidebook offers step-by-step instructions for using SuperFAST (Food Stamp Application and Screening Tool). SuperFAST will allow you to assist people in determining their potential eligibility for food stamps. This tool is designed to quickly assess whether a client may be eligible for food stamps, but cannot be used to complete an application. If you would like to use a program that assesses potential eligibility and begins the food stamp application process, please contact Jessica Bartholow at Jessica@cafoodbanks.org or for information on FAST (Food Stamp Application and Screening Tool), a more comprehensive application assistance program. SuperFAST features: Operators can screen callers for possible eligibility in the Food Stamp Program with a short series of questions Allows callers to be directed to their nearest food stamp office so they may apply Easy to use, intuitive layout On-line link to updated food stamp regulations SuperFAST determines whether callers may be eligible. Knowing that they may qualify for food stamps may be the encouragement callers need to take the next step and contact their county food stamp office to apply. As such, please be mindful that: Clients do not need to be pre-screened in order to apply for the Food Stamp Program. By answering SuperFAST s questions, a caller is not applying for food stamps. SuperFAST only determines whether the caller may be eligible for food stamps. There are many factors that go into determining food stamp eligibility that this quick assessment does not take into account. If a caller appears to be eligible, tell her that she may be eligible and should contact her local county office or social service agency to apply for food stamps. 1

9 By Federal regulations, only eligibility workers in county food stamp offices can determine for sure whether someone is eligible for the Food Stamp Program. Callers have the right to file an application in the food stamp office regardless of whether or not they appear eligible on the pre-screening tool. Please read through this guide before you begin pre-screening and save it as a reference when you are taking calls. Use the table of contents to refer to specific questions. If you are unsure of the meaning of a key term (indicated by bold and italic typeface), check the glossary in the back of this guidebook. Now, let s begin to use SuperFAST! 2

10 Getting Started 1. Enter your name and password. If you do not have a password, visit and click on the hyperlink Qualify As A F.A.S.T. Application Site. Fill out the on-line form and a user name and password will be sent to you. 2. Click on the arrow to the right of Start Screening Applications. By using SuperFAST, you agree to abide by all rules and regulations regarding confidential data. If you agree to keep this information confidential, click on the continue button. If you do not agree to the terms of using this product, click cancel. 3

11 3. Click on the icon with the word Add and a lightning bolt to begin screening. Click here to check the regulations 4. Click Check the Regs for up to date regulation information if, at any point, you have a question about California s regulations regarding food stamp eligibility while screening a client. 5. [Optional] Enter the language that the interview will be held in and the client s zip code and click Start Screening. You can also begin the screening without filling in the zip code, phone number, or language. Simply click Start Screening and you will be asked a series of questions about factors that affect the caller s eligibility for food stamps. 4

12 Screening Step 1: Is anyone in your household eligible? Is anyone in your house a Citizen? Refugee/Asylee? Legal Permanent Resident? If one or more household members is a citizen, refugee, asylee, or legal permanent resident, click to the left of the Yes button and click next. If not a single person in the household is a citizen, refugee / asylee, or legal permanent resident, click the button to the left of No and hit next. IMPORTANT: An undocumented person may apply for food stamps on behalf of citizen members of the household. For example, an undocumented parent may apply for food stamps for his or her citizen child. Food stamps are not counted against an immigrant in the public charge decision. USDA Guidance confirms that food stamp agencies are not required to verify the status of household members who are not applying and should not deny benefits to other household members if some members have not disclosed their immigration status. See appendix for Frequently Asked Questions regarding food stamps and immigration. 5

13 If no one in the household is a citizen or legal resident, let the caller know about this eligibility requirement, but remind the caller that only an eligibility worker can determine whether or not a household is eligible. The caller has the right to apply for food stamps even if he or she appears ineligible. If you answer No to this question, a screen will come up announcing: At least one person in the household must be a citizen, refugee, asylee, or legal permanent resident in order to be eligible for food stamps. There are a few exceptions, and you can contact your local food stamp office to find out whether they apply to you. Would you like the phone number? If this occurs, ask the caller the question once more to confirm that there are in fact no citizens, refugees, asylees, or legal permanent residents in the household (including citizen children of non-citizen parents). If the caller confirms that the answer to this question is No, you may stop the screening. Tell the caller that at least one person in the household must be a citizen, refugee, asylee, or legal permanent resident in order to be eligible for food stamps, but the caller can contact the local food stamp office to find out for sure. There are a few exceptions, such as victims of domestic violence or trafficking, American Indians born abroad, and Hmong or Laotion immigrants. Only an eligibility worker can determine whether or not a household is eligible. 6

14 What is a qualified immigrant? In order to be eligible for food stamps, at least one person in the caller s household must be a citizen or qualified immigrant (see explanation of qualified immigrants below). Even if the person being screened is not a citizen or qualified immigrant, he or she may file a food stamp application on behalf of someone who is. Qualified immigrants / qualified non-citizens are persons who are not U.S. citizens but have an established right to reside within the U.S. The following non-citizens may be eligible for food stamps: Lawful permanent residents (LPRs); Refugees, asylees, persons granted withholding of deportation, conditional entry (in effect prior to Apr. 1, 1980), or paroled for at least one year; Cuban/Haitian entrants; and Battered spouses and children with a pending or approved o self-petition for an immigrant visa, or o immigrant visa filed for a spouse or child by a U.S. citizen or LPR, or o application for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. Parent/child of such battered child/spouse are also qualified. The following people may qualify for food stamps, even if they do not meet the above criteria: Victims of trafficking and their children, spouses, and in some cases their parents and siblings Hmong or Laotion immigrants American Indians born in Canada or other Native American tribal members born outside the U.S. [Source: Comprehensive Guide to California Food Stamp Program. Available online at Accessed on September 14, 2007]. 7

15 Step 2A: Household Size Total How many people live in your house? Type the number of people in the household in this box and hit the next arrow What is a household? Under food stamp rules, a household is a person living alone or a group of people living together who purchase food and prepare meals together. If a client is having trouble figuring out who is considered a member of his or her household, ask: Whom do you eat and prepare (or share) meals with? The people indicated would be considered part of the food stamp household, even if they only share food sometimes. Spouses and children under age 22 who live in the house must also be considered part of the household even if they do not purchase or prepare food together. Persons who are both elderly and disabled and can't purchase and prepare food separately can be a separate household. [Source: Comprehensive Guide to the California Food Stamp Program. Published by the Legal Services of Northern California. Available on-line at Accessed on September 10, 2007]. 8

16 Step 2B: Household Size Eligible How many people in your household are citizens, legal permanent residents, or refugees/asylees and do not receive SSI benefits? Enter the number of people in the household who are eligible for food stamps (citizens, legal permanent residents, refugees; people not receiving SSI benefits) Who is eligible for food stamps? Only those members of a client s household who are citizens or eligible non-citizens (qualified immigrants) will be considered for food stamp eligibility. Citizens include: People born in the United States People born on a US military base or in a possession of the US (e.g., Puerto Rico, Guam, American Samoa, Swain s Island, Virgin Islands, North Marianas Islands) People born elsewhere, but naturalized under the United States Citizenship Immigration Service (USCIS) procedures Eligible Non-Citizens Eligible non-citizens are persons who are not U.S. citizens, but have an established right to reside within the U.S. Who is not eligible for food stamps? Ineligible Non-Citizens do not qualify for food stamps because they have entered the country illegally, overstayed their visa, or only posses a student visa. People on SSI are not eligible for food stamps in the State of California, even if they are US citizens because their SSI benefits include money for food. 9

17 Why can t I get food stamps if I m on SSI? Unfortunately, people who receive SSI/SSP in the State of California are not eligible for food stamps. That is because a portion for food is already included in your SSI check each month, so in a way you are already getting food stamps automatically. However, if there are other people in your household, they may still be eligible. This law applies to California only; in other states people may be eligible to receive food stamps even if they receive SSI 10

18 Household size and Maximum Monthly Allotments Table 1: FFY 2008* Maximum Food Stamp Allotments People in Household Maximum Monthly Allotment 1 $162 2 $298 3 $426 4 $542 5 $643 6 $772 7 $853 8 $975 Each additional person +$122 *Federal Fiscal Year 2008 runs from October 1, 2007 through September 30, [Source: United Stated Department of Agriculture: Food and Nutrition Service. Food Stamp Program Eligibility. Available at Accessed on October 12, 2007]. The number of eligible people in a household will affect the maximum food stamp benefit that a household can receive. Not all households will receive the maximum allotment. The amount of benefits the household gets is called an allotment. The net monthly income of the household is multiplied by.3, and the result is subtracted from the maximum allotment for the household size to find the household s allotment. That is because food stamp households are expected to spend about 30 percent of their resources on food. For example, if a three-person household has a net monthly income (income after taxes and deductions) of $900, the household would receive $156 a month in benefits: Net Monthly Income ($900) x.3 = $270 Maximum monthly allotment ($426) Result ($270) = $156 (Monthly Benefit) 11

19 Step 3: Elderly or Disabled Household Does your household include anyone who is 60 or more years old? Veterans receiving VA benefits? Disabled and receiving SSA disability benefits? Yes If a household includes a person who is elderly, disabled, or receiving VA benefits, the household may have up to $3000 in resources and still be eligible for food stamps. The next prompt will ask if the client has more than $3000 in resources. No If no member is elderly, disabled, or receiving VA benefits, the household may only have up to $2000 in resources and still be eligible for food stamps. The next prompt will ask if the client has more than $2000 in resources. 12

20 Step 4: Resources Does your household have more than $2000 (or $3000 if elderly, disabled, or receiving VA benefits) in resources like cash, bank accounts, stocks, retirement accounts other than Social Security? If no one in the house is disabled, elderly, or receiving VA benefits, you will be asked if the household has more than $2000 in resources If someone in the house is disabled, elderly, or receiving VA benefits, you will be asked if the household has more than $3000 in resources In order to qualify for food stamps, a household without a person who is elderly, disabled, or receiving VA benefits cannot have more than $2000 in resources. A household with a person who is elderly, disabled, or receiving VA benefits cannot have more than $3000 in resources and still be eligible for food stamps. What is a resource? A resource is considered any money or property that the caller already has. It includes cash on hand or in the bank, stocks or bonds, money from insurance settlements, paid personal injury claims, tax refunds, and inheritances. In contrast, money in a trust fund, house, or the security deposit on a house are not counted as resources because the caller does not have direct access to them. [See Table 2: Included and Excluded Resources for a more detailed list of included and excluded resources]. 13

21 If you select yes, indicating that the household is over the $2000 or $3000 resource limit, the above screen will pop up and the screening will stop, indicating that the household may be over the resource limit. If this occurs, do the following: 1. Ask the caller the question once more to confirm that the household is over the resource limit and that excluded resources have not been included (e.g., a house, savings of a CalWORKs recipient; refer to Table 2 for a list of included and excluded resources). 2. If the caller confirms that the household is over the resource limit, read the script or tell the caller the following: a. In order to be eligible for food stamps, a household cannot have more than $2000 in resources, or $3000 if a household member is elderly (over 60) or disabled. There are many rules about what is counted as a resource and what is not counted. You can contact the local food stamp office to find out for sure. Only an eligibility worker in this office can determine whether or not your household is eligible. Let me get you that number. 14

22 Table 2: Included and Excluded Resources Included Resources (count as a resource toward $2000 or $3000 limit) Cash on hand Bank accounts (checking, savings, credit union) Savings certificates Trust deeds and notes receivable Stocks or bonds Individual Retirement Accounts (IRAs)* Funds held in an accessible Keogh plan (self-employed retirement plan)* Income tax refunds Money from insurance settlements or paid personal injury claims Inheritance Recreational property (*Note: In counting the resources of households with IRAs or accessible Keogh plans, the countable value would be the total cash value of the account minus the amount of the penalty, if any, for early withdrawal of the entire amount in the plan Excluded Resources (do not count as a resource toward $2000 or $3000 limit) House or land in which the household lives or plans to live Personal items, furniture, household goods Anything owned by a household member receiving CalWORKs benefits or Public Assistance (PA). If a PA member and a non-pa member jointly own the resource, exclude the amount used to determine PA eligibility. Money from Earned Income Tax Credit (EITC) Life insurance policy or pension fund Some cars, trucks, vans, and motorcycles Pell grants, work-study, and other federal student aid that is provided under Title IV of the Higher Education Act of 1965 or by the Bureau of Indian Affairs Anything that federal law says cannot be counted against your food stamps, such as WIC benefits, Work Experience (WEX), DWI, Independent Living Program (ILP) payments, some payments under other laws, and court settlements for Native Americans Energy assistance payments made under federal law The income of self-employed people that is averaged over six months or a year and counted as income Payments from the government to help repair your house after a disaster Property that is essential for employment of a household member, such as farm land and tools 15

23 Step 5A: Income What is the total monthly income of all people in your household who are Citizens, Legal Permanent Residents, or Refugees/Asylees (and who do not receive SSI, or Supplemental Security Income, benefits)? Select the source of income (work, child support, unemployment, etc). Repeat for each of the household s income sources. In this step, add the sources of income only for members included in Step 2B: Household Size Eligible. 1. Click on the drop-down box below Source to select the income source Work or Self-Employment Child Support Social Security (Retirement) Unemployment SSDI (Social Security Disability Insurance) SDI (State Disability Insurance) or Other 2. In the center column titled Amount, type in the amount of income for that source. If the caller is unsure about the exact amount, have him or her estimate. 3. If the caller is self-employed, add up his or her yearly income and divide by 12 to calculate average monthly income. For example, if a caller makes $12,000 in the year, his average monthly income would be $1000, even if he made $300 in one month and $2000 in another. 4. Repeat the process for any other income sources the household may have. 16

24 Why is there a question about income? In order to qualify for food stamps, a caller s gross income (total income before deductions) and net income (total income after deductions) must be below certain monthly limits. See Table 3: FFY 2008* Gross and Net Monthly Income Limits Exceptions to gross and / or net income tests: Households in which all members are receiving cash welfare, such as CalWORKs or General Assistance / General Relief (not including SSI) Households with an elderly person or person receiving certain types of disability payments must only meet the net income tests. Table 3: FFY 2008* Gross and Net Monthly Income Limits People in Household Gross Monthly Income Limits (130% FPL) Net Monthly Income Limits (100% FPL) 1 $1,107 $ ,484 1, ,861 1, ,238 1, ,615 2, ,992 2, ,369 2, ,746 2,881 Each additional person *Federal Fiscal Year 2008 runs from October 1, 2007 through September 30, [Source: United Stated Department of Agriculture: Food and Nutrition Service. Food Stamp Program Eligibility. Available at Accessed on October 12, 2007]. 17

25 Step 5B: Income Additional Note: This question will only appear if you have indicated that the eligible household size is smaller than the total household size (Step 2B) Select the source of income (work, child support, unemployment, etc). Repeat for each income source of noncitizens in household. Why do they ask for income of citizens and non-citizens separately? If any household members not listed in Step 2B: Household Size Eligible have income, this income is prorated. This affects anyone who is not a citizen, permanent resident, or refugee, and anyone receiving SSI benefits. Household members who are ineligible for food stamps (such as people who are not citizens or people receiving SSI) must still report their income. This income counts as part of the household s income, but it is prorated. Prorating is calculated by dividing the income of the ineligible member by the number of total people in the household. That amount is then multiplied by the number of eligible household members. [For a more detailed description of prorating with examples on how it is calculated, refer to the glossary] Why is prorating important? Because of prorating, some households (such as mixed-status households) may be eligible for food stamps even if their household income is over the monthly income limits. 18

26 Step 6: Expenses and Deductions In addition to being below certain caps for maximum gross income (130% of the poverty level; refer to Table 3: Gross and Net Monthly Income Limits), households must also be within requirements for net income. Step 6 asks about expenses related to qualified deductions, including dependent care, medical care, and shelter. Deductions are certain allowed subtractions from gross income. These include housing costs, child support payments, medical expenses over $35 a month for elderly or disabled people, or child-care costs. The amount left over after these deductions is called net income. For a list of costs that count as allowed deductions, refer to Allowed deductions in the appendix. Step 6A: Expenses Dependent Care How much does your household pay for dependent care? If the household pays for care for children or other dependents, click on the arrow below age to select the dependent s age (either under 2 or 2 and older). Below the box that says amount, type in the amount of money the family spends a month on childcare for that child or dependent. Repeat this process for each dependent receiving paid care in the household. To help keep track of which dependents have been accounted for, there is an optional box on the right hand column that asks for the name. This information will not be recorded; it is only to ensure that the caller accounts for each dependent. 19

27 Step 6B: Expenses Medical How much are the combined medical expenses per month for household members who are elderly [over 60] or disabled? Enter the monthly medical expenses for elderly or disabled household members. The caller s medical deduction will be automatically calculated in the bottom box after you hit the Next arrow. If the caller is unsure, ask him or her to estimate. Medical Deduction: For an elderly household member, allowable medical costs that are more than $35 a month (unless an insurance company or someone who is not a household member pays for them) may be deducted from income in determining food stamp eligibility and amount of benefits. Allowable medical costs include: doctor bills prescription drugs over the counter medication when approved by a doctor dentures inpatient and outpatient hospital expenses nursing care certain transportation costs attendant care health insurance premiums The costs of special diets are not allowable medical costs. [Source: Food Research and Action Center Special Analysis. Food Stamp Program Rules for the Elderly. Published September 14, Accessed at on October 18, 2007]. 20

28 Step 6C: Expenses Shelter Are you homeless? (Yes or No) [This includes people temporarily staying with friends; see entry for homeless in glossary for a more detailed description] How much is your rent or mortgage? Which utilities do you pay for? Heat or Cooling Garbage Water Sewage Telephone If the caller is homeless, you do not need to ask any other shelter questions Enter the amount the caller pays a month in rent or on a mortgage Check the boxes for the utility bills the caller pays. If the caller is homeless, a standard deduction of $143 will be made and you do not need to fill in the rest of the questions. If the caller is not homeless, please type the amount that he or she pays in rent or mortgage in the designated box. Check off the box next to each utility for which the household pays. 21

29 Step 7: Results Summary: Eligible household size: Number of people in the household who are eligible for food stamps Gross Income: Income before taxes or approved costs are deducted Limit: Gross income limit for household size Standard Deduction: Each household is allowed a standard deduction based on household size that is subtracted from the gross income. This is calculated automatically. Earned Income Deduction: Twenty percent of income that is earned (such as wages from a job) is deducted from gross income when calculating net income. Dependent Care Deduction: The dependent care deduction is a deduction for the cost for the care of a child or other dependents, such as the cost of day care. The maximum dependent care deduction is $200 a month for each dependent child under two and $175 a month for each dependent over two, even if the actual cost of dependent care is higher. Medical Deduction: Medical costs over $35 a month for elderly or disabled household members may be deducted from gross income when calculating net income. Shelter Deduction: The cost of shelter may be deducted if housing costs are more than 50% of a household s income after subtracting other deductions. This deduction shall not exceed the current maximum of $431, unless the household contains an elderly or disabled member, for which there is no limit. If a caller is homeless, the deduction is $143. Net Income: Income after deductions have been subtracted Limit: Maximum allowable gross or net income for household size Recommendation: Recommended course of action Benefit: This number is the amount for which the household may be eligible to receive in monthly food stamp benefits. It is not a guarantee that the household will receive this amount. 22

30 Sample Recommendation 1 [potentially eligible]: According to what you told us today, I think you should apply for benefits. Only the county food stamp office can tell you if you are indeed eligible. Let me tell you about how to apply for food stamps in your county. Referral: Once you have pre-screened the caller for potential eligibility, please refer him or her to the county food stamp office to fill out an application. If the caller is in a crisis situation, encourage him or her to apply right away and to ask the food stamp office if he or she is eligible for expedited service. In addition to referring to food stamp resources, please also refer the caller to other sources where he or she can obtain food more quickly, such as a food bank or food pantry. To help a caller find a food bank in his or her area, visit or 23

31 Sample Recommendation 2: Not likely eligible It looks like your household may be over the income limit for food stamps. You can contact your county food stamp office to be sure, and an eligibility worker there can determine whether your household is eligible. Would you like the phone number? Referral: Once you have pre-screened the caller for potential eligibility, please refer him or her to the county food stamp office to fill out an application. If the caller is in a crisis situation, encourage him or her to apply right away and to ask the food stamp office if he or she is eligible for expedited service. In addition to referring to food stamp resources, please also refer the caller to other sources where he or she can obtain food more quickly, such as a food bank or food pantry. To help a caller find a food bank, visit or 24

32 Remember: Only eligibility workers in county food stamp offices can determine for sure whether someone is eligible for the Food Stamp Program. SuperFAST only determines whether the caller may be eligible for food stamps. There are many factors that go into determining food stamp eligibility that this quick assessment does not take into account. If a caller appears to be eligible, tell her that she may be eligible and should contact her local county office or social service agency to apply for food stamps. Call center staff may not tell a caller that he or she cannot or should not apply for food stamps. Even if a caller does not appear to be eligible from this basic pre-screening, you must tell the caller that she has the right to contact her local county office or social service agency to find out for sure. 25

33 Glossary Deductions: Certain allowed subtractions from gross income. These include housing costs, child support payments, medical expenses over $35 a month for elderly or disabled people, or child-care costs. The amount left over after these deductions is called net income. For a list of costs that count as allowed deductions, refer to Allowed deductions in the appendix. Dependent care: Paid care / supervision for a child or other dependent. The dependent care deduction may be taken when care is needed so household members can work, pursue training, or go to school. The maximum deduction is $200 for every child under age 2 and $175 a month for any dependent over age 2. If the expense also qualifies as a medical expense deduction for the elderly or disabled, it must be used as a medical expense instead of a dependent care expense (e.g., home health care for an elderly or disabled household member is a medical expense deduction and cannot be used as a dependent care deduction). Eligibility worker: County employee who works for the county food stamp office. Eligibility workers are the only people who are legally allowed to determine whether or not someone is eligible for food stamps. Expedited Service: A process in which people with very few resources and little or no income are able to receive food stamps in 3 days, rather than the usual 30 Gross income: A household's total, non-excluded income, before any deductions have been made. Homeless: For the Food Stamp Program, a homeless individual is an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is: supervised shelter that provides temporary accommodations halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized temporary accommodation for not more than 90 days in the residence of another individual 26

34 place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or a similar place). Thus a person or household staying with friends temporarily may be considered homeless. Mixed-status household: Household in which some members are citizens but others are not [namely households in which one or more parent is not a citizen but one or more children is a citizen]. Net income: The total earnings of a household after deductions. Deductions include 20% of earned income and some allowable expenses such as some costs related to dependent care, housing, heat and other utilities, and medical expenses. Not Qualified Immigrants: All immigrants who do not fall within the definition of qualified immigrant. Not qualified immigrants are generally ineligible for food stamps. Certain exceptions are made if they are: Member of Hmong or Laotion tribe during the Vietnam era, when the tribe militarily assisted the U.S., or a spouse or child of a tribe member, who is lawfully present in the US Certain American Indians born abroad Victims of trafficking Prorate: To divide or distribute proportionally. In the case of potential food stamp eligibility, the income of people in the household may be prorated. In this instance, prorating is calculated by dividing the income of the ineligible member by the number of total people in the household. That amount is then multiplied by the number of eligible household members. See examples on following page. 27

35 Prorating Examples Example 1 [prorated]: Paul and Maria do not have the documents they need to be in the United States legally, but their two children were born in the United States and are thus US citizens. Paul and Maria each make $1200 a month. The total income of food stamp ineligible household members is $2400 ($ $1200). $2400 (combined ineligible income) / 4 total household members = $600 $600 x 2 eligible people in household = $1200 $1200 = prorated household income The monthly gross income limit for a family of 2 is $1,484. Thus the two children are eligible for food stamps. Example 2 [not-prorated]: Jose, Rachel, and their two children are all US citizens. Jose and Rachel each make $1200 a month, so their total household income is $2400. The monthly limit for a family of 4 is $2238. Jose and Rachel s household income is over the monthly limit so they are not eligible for food stamps. With prorating, mixed-status households that have incomes over the monthly gross income limits may still be eligible for food stamps. Public Charge: A term describing an immigrant who has become financially dependent on the government, generally through receiving certain forms of cash welfare. Immigrants who receive cash welfare such as CalWORKs, Supplemental Security Income (SSI), General Assistance (GA), or Cash Assistance Program for Immigrants (CAPI) might be considered a public charge. Immigrants cannot be deemed a public charge if they receive food assistance such as Food Stamps, WIC, or Free or Reduced School Lunches. Other programs that do not give cash such as Medi-Cal, Healthy Families, public housing, disaster relief, childcare services, job training, and transportation vouchers will not result in an immigrant being deemed a public charge or hurt his or her chances of gaining legal status. 28

36 Qualified immigrants: Lawful permanent residents (LPRs), including Amerasian immigrants (children of U.S. citizen men and Asian women, usually refers to the children of American servicemen who were stationed in Asia 1 ); Refugees, asylees, persons granted withholding of deportation, conditional entry (in effect prior to Apr. 1, 1980), or paroled for at least one year; Cuban/Haitian entrants; and Battered spouses and children with a pending or approved o self-petition for an immigrant visa, or o immigrant visa filed for a spouse or child by a U.S. citizen or LPR, or o application for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. Parent/child of such battered child/spouse are also qualified. 2 SSI (Supplemental Security Income): A Federal income supplement program funded by general tax revenues (not Social Security taxes). It is designed to help aged, blind, and disabled people who have little or no income. SSI provides cash to meet basic needs for food, clothing, and shelter. Under current California legislation, people receiving SSI are not eligible for food stamps. That is because a portion for food is already included in SSI checks each month, so in a way SSI recipients are already getting food stamps automatically. However, if there are other people in the household not receiving SSI, they may still be eligible. This law applies only to California; in other states people may be eligible to receive food stamps even if they receive SSI. 1 U.S. Citizen and Immigration Services. Ameriasian Act. Available at 10VgnVCM ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM f3d6a1RCRD. Accessed on October 9, Legal Services of Northern California and the Benchmark Institute. Comprehensive Guide to California Food Stamp Program. Available at Accessed on September 14,

37 Appendix 10 Facts You Should Know About the Food Stamp Program From the United States Department of Agriculture Food and Nutrition Service 1. Fact: The Food Stamp Program is not a welfare program. It is a nutrition assistance program designed to help low-income individuals and families buy and consume nutritious foods. 2. Fact: The Food Stamp Program is an entitlement program. In other words, everyone who applies and who is determined to be eligible will get food stamp benefits. 3. Fact: Food stamps are for eligible individuals and families, including the elderly, disabled, working households, certain legal immigrants and their U.S. born children 4. Fact: Individuals can own or buy a home and still get food stamps. The home and its lot are not counted as a resource in the Food Stamp Program. The Food Stamp Program does not require a person to sign away their home. 5. Fact: In 2000, elderly people who lived alone received an average of $44 a month; and, elderly people not living alone received an average benefit of $116 a month. 6. Fact: If an elderly or disabled person is not able to go to the food stamp office, he or she may request a telephone interview. The person may also ask a relative, pastor, neighbor, etc., to attend the interview as an authorized representative. Applicants for and recipients of SSI may also apply for food stamp benefits at the Social Security Office. 7. Fact: Medical expenses that exceed $35 a month may be deducted from the total of household income unless an insurance company or someone who is not a household member pays for them. The amount over $35 can be deducted. 8. Fact: The resources limit for households containing an elderly or disabled person is up to $3,000. The resource limit for all other households is up to $2, Fact: Households can receive food stamps and still get Meals-on-Wheels, Special Supplemental Nutrition Program for Women, Infants and Children (WIC) benefits, and Child Nutrition benefits such as the School Lunch Program. 10. Fact: Receiving Food Stamp Program benefits will not make a household containing legal immigrants a Public Charge. [Source: United States Department of Agriculture Food and Nutrition Service. 10 Facts You Should Know About the Food Stamp Program. Accessed on October 16, 2007]. 30

38 Food Stamp Frequently Asked Questions (FAQs) How Soon Will I Receive My Food Stamps? After all necessary information is provided and verified for eligibility, you will be able to receive your food stamps within 30 days of your dated application. I Need Help Right Away. You may qualify for Expedited Service and receive your food stamp benefits within three (3) days if you meet the requirements. Do I Have To Be A Citizen To Get Food Stamps? Talk to the Food Stamp Worker about this. Even if you can't get food stamps, other members of your household may be eligible to get them. Getting food stamps won't hurt you if you want to become a citizen. What Can Food Stamp Benefits Be Used To Purchase? Food stamp benefits can be used to purchase: Foods for human consumption. Seeds and plants to grow food for household use. Are There Items I Cannot Purchase With Food Stamp Benefits? Yes, food stamp benefits cannot be used to purchase: Any non-food item such as pet food; soaps, paper products, and household supplies; and grooming items and cosmetics. Alcoholic beverages or tobacco products. Vitamins and medicines. Any food that will be eaten in the store. Any food marketed to be heated in the store. Can I Get Help If I m Not Working? Yes, but you may be required to participate in a work or training program. Can I Get Help If I m Working? You may be eligible to receive food stamp benefits even if you work if you are low income. Income limits vary depending on the number of persons in your household and their ages. What if I Am Elderly Or Have A Disability? If you are 60 years old or over, or have a disability, you don't have to look for work. You may also be able to claim high medical bills that insurance doesn't cover. What Is The Amount Of Food Stamp Benefits I Will Receive? The amount of food stamp benefits you can receive is based on the number of people in your household, the total amount of your household s income, and the U.S. Department of 31

39 Agriculture's (USDA) Thrifty Food Plan. The Thrifty Food Plan is an estimate of how much it costs to provide a household with nutritious, low-cost meals. If I Am Receiving SSI/SSP Can I Also Receive Food Stamp Benefits? If you are receiving SSI/SSP, you cannot receive food stamp benefits in California. However, other family members may be eligible to receive food stamp benefits. What is the California Food Assistance Program (CFAP)? CFAP is a state-funded food stamp program for legal permanent non-citizens residing in the U.S., and determined ineligible for federal food stamp benefits solely due to their immigration status. Where do I go to apply for food stamp benefits? There are over 240 food stamp offices in California operated by local county welfare departments. Low-income people may apply for food stamps at any office located in the county where they live. To find information on your county click on the link County Welfare Departments. Also, there may be other locations were you can apply for food stamps. [Sources: Social Service Agency. Frequently Asked Questions About Food Stamps. Accessed on October 15, and California Department of Social Services. Food Stamps Frequently Asked Questions. Accessed on October 15, 2007]. 32

40 Food Stamp Myths and Facts Myth 1: Food Stamps are a welfare program. Fact: The Food Stamp Program is a nutrition assistance program. It is an entitlement available to all people who qualify for it. Myth 2: You cannot receive Food Stamp benefits if you work. Fact: You can receive Food Stamp benefits even if you work or receive UIB benefits, if income does not exceed the income limits. Myth 3: You cannot receive Food Stamps if you own a home or car. Fact: You can own or buy a home and still receive Food Stamps. The program does not count a home as a resource, and it cannot be taken away. Myth 4: I don t have a Social Security number so I don t qualify for Food Stamps. Fact: Undocumented parents can apply to receive benefits for their citizen-born children. Myth 5: People who receive Social Security and Disability aren t eligible. Fact: Only people who receive SSI/SSP are not eligible. If you receive Social Security or Disability payments you may still be eligible, if your income is within the income limits. Myth 6: I ll have to pay back the money. Fact: The benefits received through Food Stamps do not have to be paid back. The program in an entitlement funded by tax dollars. Myth 7: Other shoppers will know I m using Food Stamps. Fact: Food Stamp benefits now come in the form of a debit-like card called EBT. Shoppers swipe the EBT card at the terminal in the checkout line. The funds are deducted from their food stamp allowance. 33

41 Frequently Asked Questions Regarding Immigrants and Food Stamps Changes in the Food Stamp Program Make More Legal Immigrants Eligible for Benefits From the United States Department of Agriculture Food and Nutrition Service I am not a United States citizen. Can I get food stamps? You may be eligible now if you are a legal permanent resident and you have been in the United States in qualified status for 5 years. People who came to the United States as refugees and some types of immigrants are eligible right away. You may also be eligible if you are a legal permanent resident, and (1) you are now receiving disability payments or (2) if you, your spouse, or your parents, have a record of working in the United States for 10 years. (The food stamp office will be able to help determine if you have worked the required amount of time.) Starting Oct. 1, 2003, children with qualified status will be eligible as soon as they get this status. What changes were made? On May 13, 2002, President Bush signed a law the "Farm Security and Rural Investment Act of 2002" that will allow more low-income non-citizen and legal immigrants to receive food stamps if they meet the Food Stamp Program s income and resource requirements. When does the new law go into effect? Some legal immigrants affected by the 2002 law will be eligible to receive food stamp benefits as early as Oct. 1, 2002, but most will not be eligible until later. The information below explains more about when eligibility starts. The 2002 law allows eligibility for legal immigrants who meet the program s requirements, AND who: -- are receiving disability benefits (such as SSI or disability-related Medicaid) (eligibility for this group started Oct. 1, 2002); -- have lived in the United States for 5 years in a qualified status (eligibility for this group started April 1, 2003); or -- are under 18 years old and entered the United States after Aug. 22, 1996 (eligibility for this group starts Oct. 1, 2003). Which immigrants are in a qualified status? Qualified immigrants include lawful permanent residents (holders of green cards), refugees, asylees, people granted withholding of deportation or removal, Cuban/Haitian entrants, individuals who have received INS parole in the United States for a least one year, conditional entrants, and certain victims of domestic violence. 34

42 Does the law change the rules for immigrants who are already eligible? No. Everyone who was eligible before continues to be eligible now. Does the law extend eligibility for non-citizens who are in the country for humanitarian reasons? Yes. As a result of the 2002 law, there will no longer be a seven-year limit on food stamps for refugees, asylees, Amerasians, and Cuban or Haitian entrants. Beginning on April 1, 2003, these non-citizens are eligible as long as they qualify for the program based on income and resources. Will the Food Stamp Program decide if I have a disability? No. You have to be receiving benefits or assistance from a program, such as Medicaid, because you are blind or disabled. Can I receive benefits for my citizen children even if I am not an eligible immigrant? Yes. You will not have to provide documents about yourself when you apply for your children or other eligible persons in your household. However, you will still have to show proof of your income and resources so the worker can determine the amount of the food stamp benefits for them. Will receiving food stamps hurt me if I want to become a citizen? No. Receiving food stamps does not make an immigrant a "public charge" meaning an immigrant to the United States will not be deported, denied entry to the country, or denied permanent status or a "green card" because he or she receives food stamps. How can I apply or learn more? To get food stamps, you have to file an application at your local food stamp office, which is usually located with the local welfare office. To get more information, please call your local food stamp office listed in the blue pages of the phone book under "social services department" or "welfare department" or call the national toll-free number at Spanish-speaking operators are available at the national toll-free number. Source: United States Department of Agriculture Food and Nutrition Service. Changes in the Food Stamp Program Make More Legal Immigrants Eligible for Benefits. Accessed on October 16,