Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.98-033 - FSC 98-23: Food Stamp Certification Manual - Changes to FSC 1621.1-1621.5.3 (Citizenship); FSC 1622.20 (Disqualification for Drug Related Penalties); FSC 6610-6627 (Homeless Shelter Standard); FSC 9501 (scheduling Recertification Interviews for Expedited Applicants)

Current through Register Vol. 49, No. 6, June, 2024
SUMMARY OF CHANGES
FSC
1621.1
- Three new categories of eligible
				aliens have been added as items 4, 5 and 6.
FSC
1621.2
- Three items have been added to
				explain the documentation needed by aliens in the new categories of eligible
				aliens.
Special Instructions
- The new categories of
				eligible aliens are effective 11/1/98. These provisions will be applied to any
				application approved on or after 11/1/98. These provisions will be applied to
				participating households at the household's request, at the next quarterly
				report or at the next recertitlcation, whichever comes first. Restored benefits
				will be provided back to November 1, 1998, for any alien affected by these
				provisions. See FSC 13300 - 13360 for instructions on restoring
				benefits.
Both the Division of County Operations (DCO) and the Department
				of Agriculture, Food and Nutrition Service (FNS) will be sending notices to
				aliens that may be affected by this change in policy. DCO will be sending
				notices to all participating food stamp households with a member classified as
				an ineligible alien. Pages containing the text of these notices are attached to
				this transmittal.
A copy of each notice may be provided by the DCO County Office
				to any household that may be affected by the policy. Local agencies and/or any
				individual who works closely with the alien population may also be provided
				with a copy of each notice.
FSC
1621.5.3
- The address of the new INS office
				in Fort Smith has been added to the policy. Also, a listing of the counties
				served by each of the INS offices has been included in the policy.
FSC
1622.20
- This is a new section. It contains
				the policy governing disqualification for drug related felonies.
FSC
1623
- This section have been revised to
				clarify that disqualification by member applies to fleeing felons and
				individuals convicted of drug related felonies.
FSC 1623.2
- This section have been revised to
				clarify that disqualification by member applies to fleeing felons and
				individuals convicted of drug related felonies.
FSC 6610
- Item 7, the shelter estimate for
				homeless households has been deleted as an allowable shelter cost. Homeless
				households may continue to claim actual shelter costs. Any homeless household
				entitled to use the utility standard will be allowed to use this
				standard.
FSC 6627
- Since households are now allowed to
				switch between actual utility costs and the utility standard at
				recertification, the next to last paragraph, which contained information about
				the 12 month calendar period, has been removed from this section. The last
				paragraph, which was repetitious was also been removed.
FSC 9500
- The instructions for handling
				recertifications of expedited households with postponed verification have been
				removed from this section.
FSC 9501
- This is a new section. It contains
				instructions for handling applications for recertification submitted by
				households certified under the expedited provisions with verification
				postponed. Under the new instructions, all expedited households that submit an
				application for recertification must be interviewed.
FSC 9510
- The requirement that a household be
				given an ID card has been removed. The requirement that households subject to
				QR be given a QR pamphlet has been added.
INQUIRIES TO:
Betty Helmbeck, Food Stamp Section,
				(501) 682-8284
NOTICE
FOOD STAMP CHANGES IMMIGRANT ELIGIBILITY
Effective November 1, 1998, there will be changes in the Food
				Stamp Program rules that say which immigrants may receive food stamp benefits.
				These new rules will have no effect on immigrants who are currently receiving
				food stamp benefits. Instead, the following classes of noncitizens are being
				added to the list of immigrants who are allowed to receive food stamp
				benefits:
[GREATER THAN] Any alien who was lawfully present in the United
				States on August 22, 1996 and:
Is
currently
under 18 years of age;
				or
Was age 65 or older
on August 22,
				1996
; or
Is
currently
receiving certain
				benefits or assistance due to blindness or disability.
[GREATER THAN] Any American Indian born in Canada who is
				entitled under the law to cross the United States border into Canada. Any
				Native American who is entitled under the law to cross the United States border
				into Mexico. These Indian tribes include, among others, the St. Regis band of
				the Mohawk in New York State, the Micmac in Maine, the Abanaki in Vermont, and
				the Kickapoo in Texas.
[GREATER THAN] Any individual lawfully residing in the United
				States who was a member of a Hmong or Highland Loatian tribe at the time the
				tribe assisted United States personnel by taking part in a military or rescue
				operation during the Vietnam era. This era began August 5, 1964, and ended May
				7, 1975. This also includes the spouse and/or dependent children of such an
				individual.
To see if you or someone in your household is one of the people
				affected by the change in the law, contact the DHS County Office.
September 15,1998
This notice is to inform you that immigrants who receive
				SSI payments may now be eligible for food stamps. Immigrants who do not receive
				SSI may also receive food stamps, but this notice
does
				not
review those rules.
Can non-citizens whose food stamps were cut off after
				August 1996 get them again?
Yes.
You may be able to get food stamps. People
				who were cut off stamps after August 1996 because they were not U.S. citizens
				may now be able to get them. People who were legally in the U.S. in August 1996
				but not getting food stamps may now be eligible.
What happened to change things?
A new law made many persons who are citizens, but who were
				legally in the United States on August 22,1996, and who are receiving
				Supplemental Security Income (SSI) payments, eligible for food stamps beginning
				November 1,1998, if their household meets the other food stamp eligibility
				requirements.
What if I didn't get food stamps before August
				22,1996?
You can be eligible for food stamps even if you did not get
				them in the past.
What if I didn't arrive in the U.S. until after August
				22,1996?
Many immigrants who arrived after August 22,1996, are not
				eligible for food stamps. However, some people (such as refugees, asylees, or
				Cuban/Haitian entrants) may be eligible.
What are some of the other special requirements for
				non-citizens to get food stamps? Does it make a difference whether I'm getting
				SSI because I'm elderly and poor, or because I'm blind or
				disabled?
If you are getting SSI and dare not
a
citizen, you
				can get food stamps if you were legally living in the United States on August
				22, 1996, and at least 65 years old then, or either under age 18 now, or
				receiving disability payments.
How can 1 find out whether I'm eligible to get food
				stamps now?
To see if you are one of the people who were affected by this
				change in the law, contact your local food stamp office.
Where can I find the food stamp office?
in the telephone book, you should find the local food stamp
				office listed under "Food Stamps," "Human Resources," or "Social Services" in
				the state or local government pages.
When can I apply for food stamps?
If you think you will be eligible beginning November 1,1998,
				you can apply for food stamps as early
as
October.
Can I apply for food stamps at the SSI
				office?
If
everyone in your household
is
receiving or applying for SSI, you may apply for food stamps
at
the social security office.
CAMBIOS EN EL PROGRAMA DE CUPONES PARA
ALIMENTOS PARA LOS EXTRANJEROS,
1DENOVIEMBREDE1998
La razon para esta noticia es que los immigrantes quiencs
				reciben Ingresos Sociales Suplementarios (Supplemental Security Income, SSI)
				ahora tambien podrian recibir los cupones para alimentos. Immigrantes quienes
				no estan recibiendo SSI posiblementc puedan recibir los cupones, pero esta
				noticia no tieneque ver cone sas reglas.
Es posible que un extranjero cuyos cupones para alimentos
				fueron eliminados despues do agosto de 1996 sen elegible
				nuevumente?
SI.
Usted podria ser elegible para parrticipar en
				el programa de cupones para alimentos nuevamente. Las personas a quienes se le
				suspendieron los cupones para alimentos en agosto de 1996 porque no eran
				ciudadanos estadounidenses ahora podrian participar en el programs. Personas
				legalmente on los Estados Unidos a partir de agosto de 1996 pero que no
				participaban en el programa de cupones tambien podrifan ser elegibles.
Como sucesio este cambio?
Una nueva leypermitee que las personas que no eran ciudadanos,
				pero que estaban legalmente en los Estados Unidos el 22 de agosto de 1996, y
				que estan recibiendo el Ingreso Social Suplementario (SSI), sean elegibles para
				recibir los cupones para alimentos a partir del 1 de noviembre de 1998 si su
				hogar reune los otros requisites de elegibilidad del programa.
'Que' pasa si yo no estuve recibiendo los cupones antes
				del 22 de agosto do 1996?
Usted podria ser elegible para participar en el programa de
				cupones para alimentos aun que no los recibia entonces.
'Que' pasa si no liegue a los Estados Unidos hasta
				despues del 22 de agosto de 1996?
Muchos immigrantes quiencs llegaron despues de esa fecha no
				podran recibir loc cupones. Sin embargo, algunas personas (tales como
				refugidos, asilados, o Cubanos/Haitianos) poddrian ser elegibles.
Cuales son algunos de los otros requisitos para que los
				extranjeros puedan solicitar cupones para alimentos? ?Existe alguna diferencia
				entre las razones para recibir el SSI: anciano y pobre, ciego o
				incapacitado?
Si usted recibe el SSI no es ciudadano, puede recibir cupones
				para alimentos si usted estaba viviendo legalmente en los Estados Unidos el 22
				de agosto de 1996, y al menos tenfa 65 afios de edad para entonces, o tiene
				memos de e18 afios ahora, o recibe compensacion por incapacidad.
Como puedo saber si ahora soy elegible para recibir los
				cupones para alimentos?
Para saber si usted es una de las personas que se benefician
				con este cambio de ley, llame a su oficina local de cupones para
				alimentos.
Donde puedo cncontrar la ofiicina de cupones para
				alimentos?
En
el directorio teletonico, la oficina de cupones
				para alimentos se encuentra bajo "Food Stamps'1,
				"Human Resources", o Social Services" en las paginas que corresponden al
				gobierno estatal o local.
iCuando puedo solicitar los cupones para
				alimentos?
Si piensa que usted sera elegible a partit del 1 de noviembre
				de 1998, usted puede solicitar cupones para alimentos tan temprano como el mes
				do octubre.
d,Puedo solicitar cupones para alimentos en la oficina de
				SSI?
Si todos en su hogar estan rceibiendo o solicitando el SSI,
				usted puede solicitar los cupones para alimentos en la oficina de seguro
				social.
CITIZENSHIP REQUIREMENT
1621
Citizenship
An individual may become a citizen of the United States (U.S.
				citizen) by birth or by naturalization. Citizens by birth are individuals born
				in the U.S. or born outside the U.S. to a U.S. citizen parent or to parents who
				meet certain residency requirements. Citizens of American Samoa or Swain's
				Island are U.S. nationals and are treated as U.S. citizens. A non-citizen must
				have completed all of the requirements for citizenship (including the swearing
				in) and have verification of citizen status before participating in the Food
				Stamp Program as a citizen.
1621.1
The Food Stamp Program
			 Citizenship Requirement
Participation in the Food Stamp Program is limited to U.S.
				citizens and certain noncitizens. This section describes the noncitizens who
				may participate in the Food Stamp Program if otherwise eligible:
For up to seven years from the date of admission
				under one of the specified criteria, anv alien who
:
. Was granted asylum under section 208 of the INA; or
. Was granted status as a refugee under Section 207 of the INA;
				or
. Had deportation withheld under section 243(h) or, after April
				1,
1997, section 241(b)(3) of the INA; or . Was admitted as an
				Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export
				Financing, and Related Programs
Appropriations Act of 1988; or . Is a Cuban or Haitian entrant
				under 501(e) of the Refugee
Assistance Act of 1988.
See FSC 1621.2.1 for additional information about determining
				the seven year period of participation.
For an unlimited period
:
1. Any alien who is
CURRENTLY
			 ADMITTED FOR PERMANENT RESIDENCE
as defined in Section 101(a)(2)
			 of the INA and who:
. Can be credited with 40 quarters of qualified work (their
				own,
a spouse's or a parent's); or . Is a veteran of or is on active
				duty in the U.S. armed forces;
or . Is the spouse or dependent child of an individual who is a
				veteran of or who is enrolled in the U.S. armed forces.
See FSC 1621.3 - 1621.3.1 for additional information about 40
				quarters of qualified work.
See FSC
1621.4
- 1621.4.3. for additional
				information about aliens with a military connection.
2. Any alien who is a veteran of or is on
			 active duty in the U.S.. armed forces OR any alien who is the spouse and/or
			 dependent child of an individual with a military connection if the alien:
. Was granted asylum under Section 208 of the INA; or
. Was granted status as a refugee under Section 207 of the
				INA;
or . Had deportation withheld under Section 243 (h) or,
				after
April 1, 1997, Section 241(b)(3) of the INA; or . Is a Cuban or
				Haitian entrant under Section 501(e) of the
Refugee Assistance Act of 1988; or . Is a conditional entrant
				under Section 203(a)(7) of the INA;
or . Has been a parolee for at least one year under
				Section
212(d)(5) of the INA.
See FSC 1621.4 - 1621.4.3 for additional information about
				aliens with a military connection.
3. Under certain conditions, an alien who is
			 a battered spouse or battered child of a veteran or a person who is on active
			 duty in the U.S. armed forces. The nonabusive parent of a battered child or the
			 dependent child of a battered spouse may also meet the citizenship requirements
			 under this provision.
See 1621.4.2 for additional information about battered
				aliens.
4. Any alien who
			 was lawfully present in the United States on August 22, 1996, and:
. Is currently under 18 years of age; or
. Was age 65 or older on August 22, 1996; or
. Is currently
receiving
one of the
				payments for blindness or disability listed in the
Glossary
. definition of
"Aged/Disabled Household."
5. Any American Indian born in Canada to whom
			 the provisions of section 289 of the INA apply or any member of an Indian tribe
			 as defined in section 4(e) of the Indian Self-Determination and Education
			 Assistance Act. This provision covers Native Americans who are entitled to
			 cross the United States border into Canada or Mexico. These Indian tribes
			 include, among others, the St. Regis band of the Mohawk in New York State, the
			 Micmac in Maine, the Abanaki in Vermont, and the Kickapoo in Texas.
6. Any individual who is lawfully residing in
			 the United States and who was a member of a Hmong or Highland Loatian tribe at
			 the time the tribe rendered assistance to United States personnel by taking
			 part in a military or rescue operation during the Vietnam era beginning August
			 5, 1964, and ending May 7, 1975. The spouse or unremarried surviving spouse and
			 unmarried dependent children of such an individual may also receive food stamp
			 benefits if otherwise eligible.
Ineligible aliens include all other aliens such as, but not
				limited to: . Visitors and tourists; . Students; . Diplomats;
. Aliens admitted under color of law;
. Aliens who have applied for eligible status but have not yet
				been approved (except for battered spouses and/or children with a military
				connection); and . Aliens whose status is questionable or unverified.