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Email Benefit Update February 2008
- Food Stamps Eliminates the Resource Test for Most Food Stamp Households
- Working Families Food Stamp Initiative Summary
- Adjustments in the New York State Nutrition Improvement Project (NYSNIP)
- Easing Medicaid Renewal Documentation Requirements
- Khrapunskiy v. Doar Update
- Community Resources
Food Stamps Eliminates the Resource Test for Most Food Stamp Households
Effective January 1, 2008, New York State eliminated the resource test for almost all Food Stamp households by establishing “categorical eligibility” for applicants through the provision of a TANF/MOE-funded service. With TANF/MOE funds, NYS created a Helping Hands brochure, a brochure that contains information on a range of government assistance programs, go to:
http://www.otda.state.ny.us/main/directives/2007/ADM/07-ADM-09-Attachment1.pdf (PDF)
to download a copy. All Food Stamp applicant households with a gross income at or below 130% of the federal poverty limit that receive the Helping Hands brochure are receiving a TANF funded service and become “categorically eligible” for Food Stamps. Once a household is categorically eligible, resources are not considered when assessing eligibility for the household, nor is the household subject to the net income test. In December 2007, all food stamp recipients received the Helping Hands brochures by mail to confer categorical eligibility status on current recipients, and eligibility workers are required to include the Helping Hands brochure in each Food Stamp application packet. Therefore, all local district social service caseworkers have been instructed to assume that each new household that applies for food stamps after January 1, 2008 has received a brochure. Thus, local caseworkers are no longer required to verify resource information for almost all income-eligible households, with a few exceptions.
Households with a member who is either disqualified from the Food Stamp program because of an intentional program violation (IPV) or a sanction will not be categorically eligible and will therefore remain subject to the resource requirements of the Food Stamp program. This expansion of categorical eligibility does not change income requirements in any way; interest on resources will still be budgeted as unearned income and must be documented.
Please note that under the Food Stamp program households with an elderly (60 and over) or disabled (in receipt of a government disability benefit) member are not subject to the 130% FPL income test. However, because TANF/MOE funds are only available to households with incomes at or below 200% FPL, food stamp applicants with an elderly or disabled member with incomes more than 200% of the federal poverty level are not “categorically eligible” and will remain subject to the Food Stamp resource rules; however, households with a member who is elderly or disabled with incomes below 200% of the federal poverty level will not be subject to the resource test because they are “categorically eligible” with the receipt of the Helping Hands brochure.
Although the net income test does not apply to categorically eligible households, not all categorically eligible households will be able to receive food stamps. In households with 3 or more members, if the food stamp budget yields a zero monthly food stamp allotment, the household is not eligible for food stamps. However, in households with 1 or 2 members, the household will be eligible for the minimum $10 food stamp benefit even if the food stamp budget yields a zero food stamp allotment.
Information on this initiative is found at www.otda.state.ny.us/main/directives/2007/ADM/07-ADM-09.pdf (PDF).
Working Families Food Stamp Initiative Summary
In NYS, the requirement to conduct a face-to-face interview at application for any non-public assistance food stamp household with at least one adult who qualifies to participate in the Working Families Food Stamp Initiative (WFFSI) has been waived in favor of a phone interview. However, if such a household would prefer a face-to-face interview, they must be given one. To qualify for the WFFSI households must have at least one adult (18 years old or over) member working 30 or more hours per week or earning the federal minimum wage equivalent ($175.50 per week), or two adults each working at least 20 hours per week or earning the federal minimum wage equivalent ($117 each). Ongoing participation in the WFFSI is based on the household’s earned income and work hours information that is verified as part of the normal income verification process at recertification. Local districts are not required to make any adjustment to participation status during the certification period in response to reported changes in earned income and work hours.
Roll out of the phone application will begin in NYC in February in the borough of Queens. Food Stamp Center #43, now known as the Change Center, will be handling all phone applications for households who qualify under the WFFSI. Under a different waiver from the WFFSI, NYS is also implementing phone recertications for all non-public assistance food stamp households. Statewide rollout of this initiative has begun and will be completed by the end of 2008. HRA will begin roll out of phone recertifications in Queens in the same Center #43 as the phone applications for WFFSI eligible households. We will keep you posted as HRA expands to the other four boroughs for both these initiatives.
In addition to the phone applications and recertifications, members of households that are qualified to participate in WFFSI are no longer be required to be finger imaged as of January 1, 2008, throughout NYS, except in NYC. However, HRA plans to expand the number of locations and available hours throughout NYC where WFFSI-qualified applicants can be finger imaged. It is expected that by July 2008 an evaluation of the effectiveness of the finger imaging expansion in NYC will be conducted.
The Office of Temporary and Disability Assistance (OTDA) has released information on the Working Families Initiative at www.otda.state.ny.us/main/directives/2007/ADM/07-ADM-10.pdf (PDF)
Adjustments in the New York State Nutrition Improvement Project (NYSNIP)
The NYSNIP benefit levels have been adjusted as of January 1, 2008 due to the annual increase in SSI benefits. Most NYSNIP recipient households will see a decrease in their food stamp benefit amount as a result of this. See Eligibility Charts for the standardize amounts.
In addition, the “high shelter” threshold has been increased from $213 to $217 beginning January 1, 2008. This means that only those households with shelter expenses of more than $213 will be considered a “high shelter” case and be eligible for the higher standardized food stamp benefit.Easing Medicaid Renewal Documentation Requirements
Beginning January 2008 NYS will ease the documentation requirements for the renewal process for Medicaid recipients. Consumers who are eligible for Medicaid without a spenddown (a surplus), Medicaid without Long-Term care, Family Health Plus (FHP) or the Medicare Savings Program will no longer have to provide documentation of current income, child or dependent care expenses or change of address. This means, in addition to the current process of attesting to changes in resources, these consumers can also attest to these changes during the renewal process. Medicaid will continue to verify income and resources (along with other information) through their electronic matching process. If there is a discrepancy between the amount of income the consumer is attesting to and the amount reported in the match, the consumer will need to provide income documentation when the income match makes the consumer ineligible for both Medicaid and FHP. If the consumer fails to respond, the case will be closed. If the consumer attests to income at the Medicaid level, but the match indicates a FHP level of income, the consumer will be renewed into FHP and will be sent a reconsideration notice giving him/her the opportunity to provide income documentation proving the Medicaid level of income. If the consumer does not respond, s/he will remain in FHP. To avoid a deferral to remain in Medicaid, consumers may voluntarily provide income documentation at the time of renewal.
There is no change to existing documentation requirements for consumers requiring Long-Term Care; this population must continue to document income and current month resources in order to maintain their benefit package. Consumers who are Medicaid eligible without a surplus without Longer Term Care must document their income and child care/dependent care expenses, but can attest to changes in resources and address.
Click here (PDF) to download a chart highlighting these rules.
Khrapunskiy v. Doar Update
Khrapunskiy v. Doar is a class action brought on behalf of disabled immigrants in NYS who are provided only about half the level of public assistance benefits that all other disabled persons in the State receive, solely because they are ineligible for federal SSI benefits due to their immigration status. Plaintiffs allege that the failure to provide disabled immigrants with assistance at the same level as all other disabled New Yorkers solely because they are ineligible for federal SSI benefits due to immigration status violates Article XVII of NYS’ constitution, which requires the provision of aid, care and support to the needy. In practical terms what this means is refugees and asylees in NYS who lose SSI after the 7-year eligibility period under the federal SSI guidelines, begin to receive the NYS Safety Net Assistance benefit, which is several hundred dollars less than the SSI benefit.
The Empire Justice Center, Legal Aid Society of NY and NYLAG filed a lawsuit in NYS Supreme Court on behalf of those immigrants who lost SSI when they exhausted their 7-year period of eligibility, as well as for those lawfully residing immigrants who are disabled and elderly who were never eligible for SSI because their immigration status did not fall into one of the limited immigration statuses for SSI eligibility.
On August 11, 2005, the Supreme Court of New York County agreed with the plaintiffs in favor of immigrants in a decision dated August 11, 2005. NYS appealed the decision. On January 17, 2008, the Appellate Division held that New York State may not deny benefits to elderly or disabled immigrants whom the State classifies as aged, blind or disabled merely because the federal government chose to deny SSI benefits to that group. The decision will affect over 7,000 individuals who lost their federal SSI benefits because of these immigrant restrictions. It will also benefit thousands of other legal immigrants who are elderly or disabled, but who were not previously eligible for SSI because of their immigration status.Community Resources
New York State's Accessible Housing Registry
The New York State's Accessible Housing Registry provides information, via the web, on about 4,600 housing developments throughout New York State. The website allows you to search by location (town, zip code, county and major metropolitan areas), and/or by income, age, or disability requirements (such as; Community Residences for Developmentally Disabled, Residences for Persons with Severe and Persistent Mental Illness). This information aids in obtaining comprehensive information about housing opportunities to meet the need. In addition to listing housing that is accessible, most of the housing listed is also affordable. To check out the website visit: http://209.58.162.66/NY/NYHR.nsf/ws?open
Benefit Update Community Resources Archived
The Benefit Update has included a variety of community resources since 2005. These resources are archived along with past issues under Benefit Update Archives. Use the Benefit Index for a listing of all of the community resource. Here are a few which were highlighted in 2007; MFY's Workplace Justice Project, NYC Bankruptcy Assistance Project, ADA Resource Manual for Non-Litigation Advocacy, Burial Assistance, CUNY Immigration Services, and Kinship Resource.
Guide to Banking in New York City
Public Advocate Betsy Gotbaum, along with Community Service Society (CSS) of New York released a Guide to Banking in New York City, a nine-page, how-to guide on personal banking. The guide encourages New Yorkers to open bank accounts in order to increase their short and long-term savings