Some ineligible immigrants live with other people who are eligible for SNAP/food stamps, such as an immigrant parent with U.S. citizen children. There are two different calculations depending on the immigration status:
Calculation for households with legally present ineligible immigrants
If you are lawfully residing in the U.S. but are ineligible for benefits or choose not to be part of the SNAP/food stamp household, your household benefits are calculated using a more favorable calculation. 106 C.M.R. § 365.520(B)(2).
The SNAP/food stamp regulations define a broad group of immigrants who are considered "lawfully residing." See 106 C.M.R. § 362.240(A) for a list of immigrants considered "lawfully residing." This includes legal permanent resident adults (some of whom must wait for five years from entry) as well as immigrants with work authorization or other proof of pending status, such as asylum applicants. It also includes lawfully residing immigrants who chose for other reasons to not apply for SNAP/food stamp benefits.
The favorable calculation for households with lawfully present immigrants involves three steps. DTA initially calculates benefits with immigrant as a household member, then calculates benefits for the household excluding the immigrant and his or her income, and finally compares the two results. This calculation is best understood with an example.
Example
Juana Smoe is an applicant for asylum. She has official work authorization (I-688) but is not eligible for benefits until the asylum status is granted (which can take years). Ms. Smoe has two children born in the United States. She earns $1,250/month gross income and pays $700 rent plus heat and cooling costs. Her children have no income of their own. Here's how DTA calculates her benefits:
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Step 1: DTA calculates the benefit amount the family would receive if the immigrant were included in the household. DTA uses the total household income (including the income of the ineligible immigrant and all allowable deductions).
In Ms. Smoe's case, DTA first calculates the benefits for a household of three including Ms. Smoe and her two children. DTA counts all of Ms. Smoe's income and allows all applicable deductions (in her case, the 20% earnings disregard, the $141 standard deduction and a shelter deduction maxed at $459).
Ms. Smoe has countable income of $400 a month. The maximum benefit for a household of three is $526 a month. After subtracting 30% of net income, her family will receive $406/month.
Countable net income after deductions: $400 Maximum benefits for household of 3 persons: $526 Subtract 30% of countable net income: –120 Benefit for this HH ($426 less 1/3 net income): $406 -
Step 2: DTA then calculates the benefits for the eligible household members excluding the ineligible immigrant and his/her income. If the household members have countable income (for example, child support), that income is counted.
In Ms. Smoe's case, the children have no countable income, so the benefit for the children at Step 2 would be $367 a month.
Countable income of children: $0 Max benefits for household of 2 persons: $367 -
Step 3: The two amounts are compared and the household is eligible for the amount in Step 1 or Step 2, whichever is lower. In Ms. Smoe's case, the benefit for the children is the amount in Step 2 ($367) because that is lower than the amount in Step 1 ($406).
The policy reason the lower amount is picked is one of fairness— that an immigrant-headed household should get no more SNAP/food stamp benefits than they would receive if all were eligible U.S. citizens.
However, if Ms. Smoe had no countable income, the family's SNAP/food stamp benefit would still be capped at the maximum amount for two persons, or $367 (as opposed to the higher amount of $406 for three persons), because Ms Some is not eligible.
Calculation for households with undocumented or undetermined status members
If you are an immigrant who is undocumented or refuses to provide information on your status, the calculation is more harsh. DTA will count all of the ineligible immigrant's income toward the eligible members without considering the ineligible immigrant's needs. 106 C.M.R. § 365.520(A). This calculation is identical to the way that income is counted for sanctioned household members (individuals who have committed fraud or work sanctions). See How does DTA count the income of someone who lives with me but is not part of my SNAP/food stamp household?
DTA does one calculation counting the income of the ineligible individual but excludes him or her in determining the household size and benefit amount as follows:
Example
In the case of Juana Smoe, above, it turns out she does not have any proof of legal status. She has exactly the same income, expenses and household circumstances above. Because she is in "undetermined legal status," DTA counts all of her income against a SNAP/food stamp benefit level for the two children only. The children will receive only $247 in SNAP/food stamp benefits, as this is the maximum monthly benefit level for a household of two with countable net income of $400. All of Jane's countable income is subtracted against a household of two persons.
Countable net income after deductions: $400 Maximum benefits for household of 2 children: $367 Subtract 30% of countable net income: –120 Benefit for this HH ($426 less 1/3 net income): $247
Additional Policy Guidance on Mixed Household Calculations
Additional Policy Guidance on Mixed Household Calculations
- BEACON User's Guide, Ch. XIII-E, pp. 28-30, detailed instructions on the three-step process to calculate food stamps for "combination FS AU" households, clarifies to whom income belongs in the calculation and when deductions apply.
- Guidance confirming negative calculation used for undocumented non-citizen with income applying for benefits for eligible children. DTA Transitions (June 2003)
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
