Site Search:

  Print  |   Email

Who cannot be a separate SNAP/food stamp household?

 

Some people cannot be a separate household even if they buy and prepare their food separately. Here are three important exceptions:

  • A child under age 22 who is living with her or his parent or stepparent must be in the same SNAP/food stamp household as the parent. 106 C.M.R. § 361.200(A)(3).
  • A child (other than a foster child) under age 18 who is living with a responsible adult (regardless of relationship) must be in the same household as the adult. 106 C.M.R. § 361.200(A)(2).
  • A husband and wife who live together must be in the same household, even if they never share meals together. 106 C.M.R. § 361.200(A)(1).

Example

  • Jane Doe is 20 years old. She and her baby live with her mother Margaret and Jane's twin brothers, who are 12. Jane receives TAFDC for herself and her baby, and buys food and fixes meals separately from the rest of her family. Because Jane is under age 22, she cannot get SNAP/food stamps separately for herself and the baby. Jane, her baby and her brothers and her mother have to qualify for benefits as one household, or not at all.
  • Katherine Kraft is 65 years of age and receives Social Security. She cares for her two grandchildren, ages 8 and 12, and receives TAFDC for them. Katherine cannot get separate SNAP/food stamp benefits for her grandchildren because they are minors and she provides financial and parental supervision for them.

Households with a foster adult or child

There are also special household rules for foster children and foster adults. Unlike other situations, a household can choose to include or exclude the foster child from the SNAP/food stamp unit. 106 C.M.R. § 361.240(F). If the foster child/adult is included, the foster care payments will count as income to the household. It is usually better to exclude the foster child/adult to maximize the SNAP/food stamp benefits for the rest of the household. The foster child, however, cannot get benefits as a separate household.

Example

Sam and Susan Smith-Jones have two children of their own. They also care for a foster child, Jimmy, and get foster care payments of roughly $600 per month for him. Sam and Susan have a choice. They can apply for SNAP/food stamps for themselves and their two children. Their income— excluding the foster care payments— will be used in the calculation of their benefits for four people. Alternatively, Sam and Susan can apply for SNAP/food stamps for themselves, their two children, and their foster child, Jimmy. In that case, their income, plus the foster care payments, will be used in the calculation of benefits for five people. Households usually get more SNAP/food stamp benefits excluding the foster child since the foster care payments are excluded as countable income.

Advocacy Reminders

  • The TAFDC and SNAP/food stamp rules differ in how they treat teen parents who live with parents or siblings. Although a teen parent age 18 or older can get her own TAFDC grant for herself and her baby, she cannot get her own SNAP/food stamp benefits separately from her parents if she lives with then, until she turns age 22. If her parents do not wish to apply for SNAP/food stamps, the teen parent is not eligible but her TAFDC should continue.
  • The TAFDC and SNAP/food stamp rules also differ in the treatment of children living with non-parent relatives. A grandparent, stepparent, aunt, or other relative can get separate TAFDC for a dependent child without being part of the TAFDC unit or having his/her income count, 106 C.M.R. § 204.320. However, in the SNAP/food stamp world, a relative cannot get separate SNAP/food stamps for the child under age 18 where they exercise parental control over the child.
Additional Policy Guidance on Household Status
Additional Policy Guidance on Household Status

Hide Additional Policy Guidance


Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute
Last updated January 2011


Get Help Now

You may be able to get free legal help from your local legal aid program.

Download the Chapter

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm