In general, none of the income of non-household members counts, even if they live with you. 106 C.M.R. § 363.230(L). So, if you live with friends and you purchase and prepare your meals separately, these friends are not household members and their income does not count.
However, the SNAP/food stamp program fully counts all of the income of a person who is otherwise required to be part of the SNAP/food stamp household (e.g., a spouse, parent, child under 22, or other person who purchases and prepares meals with you.) but is disqualified because of one of the following:
- An intentional program violation or fraud, see How does DTA figure the amount of the overissuance?
- A disqualifying criminal record (fleeing felon), see What if I have a criminal record or DTA says I am a "fleeing felon"?
- A failure to comply with a work requirement, see Who must register for work and do job search, and who's exempt? through What if I have a "good cause" for not meeting the SNAP/food stamp work registration or work search rules?
- A voluntary quit from employment, see Am I eligible for SNAP/food stamp if I quit a job?
- Undocumented or undetermined immigration status, see Can my children get benefits if I am an ineligible immigrant?
- Failing or refusing to provide his or her SSN for reasons other than non-citizen status.
The rules required DTA to count the disqualified person's income in figuring whether your household meets the lower (130% federal poverty level) gross income eligibility test and the amount of household benefits. Even if the household includes children or an elder/disabled member, the rules require DTA to use the lower 130% gross income test. See Are there gross and net income tests I must pass before I can get SNAP/food stamp benefits? Further, the rules require DTA to exclude the disqualified person in the household size. 106 C.M.R. § 365.520(A)(4). The earned income, child support, dependent care and other income deductions do apply.
Example
Mark Ferris, his wife and two children reapplied for SNAP/food stamps recently, but Mr. Ferris was disqualified for benefits for six months because of an intentional program violation (collecting benefits under two cases). Mr. Ferris is working 20 hours a week. He understands that he is not eligible for SNAP/food stamp benefits for himself until the period of disqualification expires. All of his income, together with any other income in the household, is compared with the lower 130% FPL gross income eligibility limit for three people (his wife and two children). His income after deductions together with the other income after deductions is counted against the benefit level for a household of three (not four— Mr. Ferris is excluded in the household size).
Advocacy Reminders
- Live-in attendants and ineligible students are not part of the SNAP/food stamp household and their income and assets are not countable, unless they are required to be part of the household due to age or marital status. 106 C.M.R. § 361.230(B) and (C).
- As soon as the sanction is lifted, DTA should use the higher (200% FPL) gross income test for the household, and should count the formerly disqualified household member as a household member. Be sure to check the accuracy and duration of any sanction on a household subject to the lower benefits.
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011