TO:	Commissioners, TA & FS Directors, CAP and TOP Coordinators

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

SUBJECT:	Food Stamp Eligibility of Certain Aliens

EFFECTIVE DATE:	Immediately

CONTACT PERSON:	Eastern Regional Team at 1-800-343-8859, ext. 3-1469

The Food Stamp Reauthorization Act of 2002 (P.L. 107-171) included significant changes in Food Stamp Program eligibility for certain aliens.  These changes were described in 02 ADM-7, section IV.C.  This message provides additional information about the restoration of food stamp eligibility to legal aliens who have lived in the United States as qualified aliens for five years or longer.

Qualified aliens meeting the five-year requirement and who are otherwise eligible can begin receiving food stamps on April 1, 2003.

How will new applications be processed?
Districts must timely process applications for households that include eligible individuals and ineligible aliens.  For households that apply in February or March 2003 that include eligible individuals and aliens who will become eligible on April 1, 2003, districts must add the newly-eligible aliens to the cases effective April 1, 2003, and notify the households of the change.  Example:  A household applies for food stamp benefits on February 14, 2003.  The household includes two citizens and one alien who will become eligible on April 1, 2003.  The district accepts the application and notifies the household that benefits are authorized effective February 14, 2003 for the two eligible members.  The district then adds the alien to the case effective April 1, 2003 and notifies the household of the change.

Households consisting entirely of aliens who will become eligible effective April 1, 2003 may file applications at any time.  If they apply before March 1, 2003, districts are encouraged to pend their applications and authorize benefits to eligible households to start April 1, 2003.  For these households, districts may schedule the eligibility interview to occur in March.  Districts must provide to each of these households written notice of their pending status by the 30th day after their application date, and an “Action Taken Notice” when the eligibility determination is made.  For a household that applies in March 2003 and that consists entirely of aliens who will become eligible April 1, 2003, the district must use the March application to determine eligibility and benefits for April.

How will newly-eligible aliens be added to already-participating food stamp households?
As households recertify beginning in March 2003, districts will add the newly-eligible aliens effective April 1, 2003, or when they meet the five-year residency requirement, or when they become otherwise eligible, whichever date is later.  Five examples illustrate this:

Example 1:  A household that includes a qualified alien whose date of entry was January 12, 1998 recertifies in July 2003.  The district was aware of the ineligible alien’s presence in the household at the last (2002) recertification and has been budgeting a prorated portion of his income.  The alien became eligible April 1, 2003 and is added to the case for August 2003.  Restored benefits are issued for the increased monthly allotment for the months of April through July 2003.  The district notifies the household of the change and the restored benefit.

Example 2:  A household that includes a qualified alien whose date of entry was January 12, 1998 recertifies in July 2003.  The district was aware of the ineligible alien’s presence in the household at the last (2002) recertification.  At their July 2003 recertification, the household reports that the now-eligible alien started working in February.  The alien and his income are added effective August 1, resulting in a decrease in benefits.  A timely and adequate notice is provided.  The household is subject to six-month reporting rules and, because their total income remained below 130% of their poverty level, was not required to report the new earnings until their recertification.  No overpayment claim is established for April through July 2003.

Example 3:  A household recertifies in July 2003 and reports, for the first time, that a qualified alien with a January 12, 1998 date of entry joined their household in March 2003.  The district adds the alien to the household effective August 2003, which is the first month after the district learned of his presence in the household and the household verified his eligibility.  Restored benefits are not owed for any months prior to August because the household had not reported the presence of the new household member until July.

Example 4:  A household that includes a qualified alien whose date of entry was February 15, 1999 recertifies in October 2003.  The district is aware that the alien will have five years residency on February 15, 2004 and, because this is a change that occurs during the certification period, adds the alien to the case effective March 1, 2004.  The addition of the alien and budgeting of all of his income results in a decrease in the food stamp benefit amount, so the district provides a timely and adequate notice of intent to change the benefit.

Example 5:  A household is due to recertify in July 2003.  The household’s current food stamp benefit amount is based on three eligible members and an ineligible qualified alien.  In May 2003, the household contacts the local district and requests that the alien be added to the case, based on his January 12, 1998 date of entry.  The district adds him to the case effective June 2003, issues a restored benefit for the increased monthly allotment for April and May, and notifies the household of the change and the restored benefit.

What about current one-person temporary assistance (TA) recipients who were denied food stamp benefits based on their alien status, who may be eligible after April 1, 2003?
As non-participating households, they must apply in order to receive food stamp benefits.  For TA recipients who do not apply for food stamp benefits before their next TA recertification, districts should advise them that they may be eligible and encourage them to check on their recertification form that they are applying for food stamp benefits.  Their food stamp application date is the date the district receives the signed recertification form, which the district will use to determine their eligibility for food stamp benefits.

What about Food Assistance Program (FAP) cases?
New York City FAP participants will automatically be converted to federal food stamp participants effective April 1, 2003.  Upstate FAP districts will receive lists of current FAP cases and must convert FAP cases to federal food stamp cases effective April 1, 2003.

An Informational Letter will be released that includes this information and additional pertinent facts recently provided by the United States Department of Agriculture (USDA).