510.2 Household Members

People who live together and buy and prepare meals together are one household. If they live together but buy and prepare meals separately, they may be separate households unless they are mandatory household members as described in Section 510.22.   7 CFR § 273.1(a)

510.21 Definitions of Elderly and Disabled Individuals

The CAO must use the following definitions to decide whether a sibling, parent, or child must be included as a household member:

An elderly person is one who is 60 years old or older at the end of the application month.   7 CFR § 271.2

A disabled person is any of the following:

NOTE:  The person must show proof.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof, unless the disability is obvious. Acceptable proof includes a statement from a physician or a licensed or certified psychologist. Disability benefits received under criteria other than the SSA’s are not acceptable.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person may use as proof a letter from the VA stating that the veteran receives VA benefits based on 100% disability.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person may use proof that shows he or she is receiving VA disability benefits.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person may use proof that the child is receiving VA disability benefits.  7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof that death benefits have been approved. Proof of disability is required unless the disability is obvious. Acceptable proof includes a statement from a physician or a licensed or certified psychologist.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof of railroad disability receipt and Medicare eligibility.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof that SSI is pending for the GA incapacitated person. The case record or Client Information System (eCIS) must show program status code 50, showing that the person whose SSI eligibility is pending has been referred to the Disability Advocacy Program (DAP).   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof of MRT disability certification.   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  The person must show proof that a household member receives a category of disability-related MA with eligibility criteria at least as strict as SSI’s. The disability-related MA categories qualifying for disabled person status are TJ, PG, PJ, PH, PI, PW, PJW, and PC/27 (if the parent is disabled).   7 CFR § 273.2(f)(1)(viii)(A)

NOTE:  A former MAWD recipient whose benefits were stopped for nonpayment of premiums is not considered disabled. The person is considered disabled only if he or she continues to get disability-related MA or GA established by an MRT review.   7 CFR § 273.2(f)(1)(viii)(A)

510.22 Mandatory Household Members

Mandatory household members are persons who live together and who must be included in the same household, even if they are not buying and preparing meals together. Non-mandatory household members may be separate households if they buy and prepare meals separately.   7 CFR § 273.1(b)

NOTE:  Ineligible students, ineligible household members, and persons who are disqualified because they did not comply with work requirements are not included as mandatory household members.

NOTE:A common-law marriage is legally recognized only if it existed before January 1, 2005. In a common-law marriage, the man and woman are legally free to marry, are known to the community as husband and wife, and state that they both agree to live together as husband and wife.

A person claiming to be a common-law spouse must show proof that the couple was presenting itself to the community as a married couple before January 1, 2005. Acceptable proof includes the deed to their residence, leases, income tax records, bank records, utility bills, or statements from knowledgeable persons.

If the record shows that the recipients have been presenting themselves as married under common law since before January 1, 2005, the marriage is legally recognized and can be dissolved only through the legal process.

If only one parent applies for benefits, the child or children are included in that household, no matter which parent has parental control and financial responsibility.

If both parents apply for benefits, for a child and the parents cannot reach a decision as to who should receive the benefits on behalf of the child, the CAO will issue benefits to the parent who provides the majority of the meals in a month.

If both parents have equal physical custody and they cannot reach an agreement as to who should receive benefits for the child, the CAO will include the child in the household of the parent who applies first.

The CAO must inform the authorized parent of the responsibility to use the benefits for the child’s needs throughout the month—not just when the child is in the authorized parent's physical custody.

510.23 Stepchild and Foster Child Exceptions

A stepparent and stepchild can be separate SNAP households if the natural parent dies or the marriage ends in divorce and the former stepparent does not have parental control of the former stepchild.

A child under 18 years of age must be included with a nonparent adult if the adult has parental control over the child, even if the adult is not related.

A foster child is considered a boarder and is not a mandatory household member.

510.24 Examples of Households

Reissued March 1, 2012, replacing September 18, 2008