TO:	Commissioners; TA Directors; FS Directors; Medicaid Directors; WMS Coordinators; CAP Coordinators, HEAP Coordinators

FROM:	Patricia A. Stevens, Deputy Commissioner, Division of Temporary Assistance

SUBJECT:	The Impact of Operation Enduring Freedom

EFFECTIVE DATE:	Immediately

CONTACT PERSON:	Central Team (TA) at 1-800-343-8859; extension 3-9344, Eastern Team (FS); extension 3-1469, Western Team (HEAP); extension 3-0332.
	Medicaid contacts: Local District Liaison at (518) 474-8216, or, for New York City, (212) 268-6855.

Temporary Assistance (TA)

As a result of Operation Enduring Freedom, an increasing number of National Guard and Reserve units have been called into active duty.  This has resulted in a number of questions relating to treatment of needs, income and resources of those persons who are participating in this action, and the corresponding impact on those household members remaining at home who may apply for TA benefits.

For federal TA categories of assistance, persons who report for active duty during this operation must be considered temporarily absent from the household.  For TA, the needs, income and resources of the absent person are counted in full (18 NYCRR 349.4).  This remains true as long as the absent member does not intend to establish residence elsewhere and even when he/she temporarily leaves New York State or the United States, or its territories.  The expectation that the absent person will return is not time limited.  

For State/local categories of assistance, Section 370.4 requires that needs must be determined, resources explored and utilized, and the budgetary method applied as required by Part 352.  Under Section 352.30(a), persons who are considered temporarily absent may be considered part of the TA household.  Therefore, as with federal categories of assistance, persons considered temporarily absent from the household must have their full needs, income and resources considered when determining the eligibility of applying households.

Applicants for assistance to meet short-term emergency/immediate needs must have their eligibility for such assistance based on income and resources available to meet the emergent/immediate need at the time of application.  This includes the availability of outside community and family resources.  Each request for such assistance must be dealt with on a case-by-case basis with the worker initially determining if an emergency exists, whether the emergency is an immediate need and finally, to arrange for the disposition of the request.

Food Stamp (FS) Implications

The FS program does not employ the concept of temporary absence.  Each household circumstance must be decided on a case by case basis.

With certain specified exceptions, food stamp regulations provide that a household shall consist of persons who live together and customarily purchase food and prepare meals together for home consumption.  FS regulations also require individuals to live in the project area in which they are certified.  Eligibility is determined on a monthly basis and household composition is an eligibility factor.  Therefore, persons included in the household for any month must live with the household and purchase and prepare meals with the household for at least part of the month.  When the individual lives with the household for only part of a month, the individual may be included in the food stamp household so long as there is no duplicate participation in another household.  During months when the individual does not live with the household at all, the person cannot be considered a member of the household.

FS households with earnings, subject to six-month reporting rules, are not required to report the loss of the household member but doing so may increase their FS benefits if the absent individual is the principal wage earner and they verify the change in income.  Any earnings the individual sends home as a contribution to the household are budgeted as earned income subject to the normal disregards.  Even if earned income is totally lost due to the change, the household remains subject to six-month reporting rules until their next recertification, having to report changes only if their total income exceeds 130% of the poverty level for the re-budgeted household size.

Home Energy Assistance Program (HEAP) Implications

The HEAP program will follow the TA policy noted above in its treatment of households in which a member has been called up for duty in the National Guard or Reserves as part of Operation Enduring Freedom.  Districts are reminded that, in determining eligibility for Emergency HEAP, the district must only count available income.  Availability of income must be determined on a case-by-case basis.

Medicaid Implications

Medicaid policy regarding treatment of income and resources of individuals who are temporarily called to active duty parallels the policy described for cash assistance cases. In all categories, an individual who is temporarily absent from the household and who plans to return is considered part of the household. The income and resources of the temporarily absent individual are budgeted as if the person were present in the household.  Regulatory authority for federal categories of Medicaid exists at 360-4.2(c)(2).  Authority for singles/childless couples exists under 352.30(a).