Benefit Update September 2007
- Federal Minimum Wage
- Annual Food Stamp Changes
- 2007-2008 WIC Guidelines
- Reentry-Related Bill Signed Into Law
- Report from the Urban Justice Center
- Doe v Doar Victory!!
- Community Resources
Federal Minimum Wage
The Fair Minimum Wage Act of 2007 increased the federal hourly minimum wage from $5.15 per hour to $5.85, effective July 24, 2007, and to $6.55 effective July 24, 2008. The Act also provides for a final wage increase to $7.25 effective July 24, 2009. The last previous federal wage increase came in September 1997. New York State’s minimum wage is currently set at $7.15 per hour.
Effect on Food Stamps due to wage increase
An increase in the federal minimum wage will affect individuals who are exempt from the Food Stamp Employment and Training Program (FSET). The exemption, just one of several, is for individuals who have weekly earnings equal to or greater than the federal minimum wage multiplied by 30 hours. Individuals earning at least $154.50 per week or greater have been exempt from Food Stamp work requirement. Now with the increase in the federal minimum wage on July 24, 2007, individuals must now earn at least $175.50 per week (30 hours times the new federal minimum wage, $5.85) in order to continue to be exempt under this criteria.
The Food Stamps program screens individuals between the ages of 16 and 60 to participant in some type of work activity, unless they verify that they are entitled to an exemption. For more information about other exemptions see the PBRC Manual http://pbrcmanual.cssny.org and look under “Food/Nutrition, Food Stamps, Work requirements, Exemptions from FSET Work Requirements”
Annual Food Stamp Changes
The following changes in the Food Stamp program take effect on October 1, 2007:
- An increase in the standard deduction for Household size of 4, 5 and 6 or more.
|
Household Size |
Standard Deduction |
|---|---|
|
1 - 3 |
$134 (same) |
|
4 |
$143 |
|
5 |
$167 |
|
6 and over |
$191 |
- Maximum Excess Shelter Deduction: $431
- Boarder/Lodger Exclusion: $162 for one or $298 for two
- For the new income guidelines and benefit amounts see our Eligibility Charts.
There is no change in the Standard Utility Allowances (SUA levels).
NYSNIP Changes
Along with the changes for the Food Stamp program, the New York State Nutrition Improvement Project (NYSNIP) has also updated their figures for 2007 through 2008. The New York State Nutrition Improvement Project (NYSNIP) provides a standardized amount of food stamps to all SSI live-alone singles in NYS. The standardized benefits depend on the individual’s shelter costs, whether the individual is living in subsidized housing with heat included in the rent, and whether the individual has sources of income other than SSI. High Shelter cost is rent more than $213 per month and Low Shelter cost is less than $213 per month. To view the standardized amount see Eligibility Charts.
2007-2008 WIC Guidelines
The income eligibility guidelines for the WIC (Women, Infants and Children) program have increased effective July 1, 2007. Benefits are issued in the form of WIC vouchers, which specify the type of products that may be purchased with them. Infants under one year of age receive formula, cereal and juices. Pregnant and lactating women and children between the ages of one and five receive juice, milk, eggs, cereal, peanut butter, legumes and cheese. For more information on WIC visit www.health.state.ny.us/prevention/nutrition/wic/.
|
WIC Income Guidelines |
|||
|---|---|---|---|
|
Family Size |
Weekly Income |
Monthly Income |
Annual Income |
|
1 |
$364 |
$1,575 |
$18,889 |
|
2 |
488 |
2,111 |
25,327 |
|
3 |
611 |
2,648 |
31,765 |
|
4 |
735 |
3,184 |
38,203 |
To view a complete chart, with family sizes of more than 4 see Eligibility Charts.
Reentry-Related Bills Signed Into Law
Governor Spitzer signed a bill (S.5875/A.8356) into law on July 18, 2007 to help foster those formally incarcerated obtain access to medical assistance upon release. This law, which is tentatively scheduled to take effect on April 1, 2008, will allow a person who is an inmate in a state or local correctional facility and who was receiving medical assistance prior to incarceration remain eligible for medical assistance upon release. Individuals who continue to be incarcerated will remain ineligible for services. Prior to the law an individual’s medical assistance case was closed while the person was incarcerated and a new application would have to be filed upon release which could take up to 45 days.
Report from the Urban Justice Center
The Homelessness Outreach and Prevention Project of the Urban Justice Center have released a report, Keeping Food on the Table,
www.urbanjustice.org/pdf/projects/KeepingFoodOnTheTable.pdf, on the food stamps recertification process, documenting the same kinds of administrative hurdles that plague the application process and impede participation.
Doe v Doar Victory!!
In July 2004 NYS passed a new regulation on how SSI income is budgeted in PA households with dependent children. This resulted in the PA members receiving a smaller grant. However, in July 2005 in the case of Doe v. Doar, the Monroe County Supreme Court certified a statewide plaintiff class and held that the new regulation violated Social Services Law.
Doe v. Doar concluded recently when Monroe County Supreme Court Justice David Egan signed the attached judgment declaring that 18 NYCRR 352.2(b) is invalid because it is in violation of the social services law. This regulation had abolished the invisibility principle for families with children where at least one household member received SSI, and replaced it with pro-rated budgeting. The order also certified the plaintiff class and adopted the attached remedial plan. The order and the remedial plan will be posted to the Online Resource Center shortly.
Under the plan, the State must notify social services districts within 5 days, from the date the judgment was signed, to immediately cease implementing the illegal pro-rated budgeting required by the regulation. Procedures for retroactive relief are more complex and are detailed in the plan. The Empire Justice Center will be issuing more detailed information shortly.
Empire Justice Center
Community Resources
Handbook for the Families and Friends of New York State DOCS Inmates
Helping family and friends understand more about the New York State correctional system. Includes topics such as: Locating an Inmate, Sending Mail to an Inmate, Packages, Telephone Calls, Visitation and more.
http://www.docs.state.ny.us/FamilyGuide/FamilyHandbook.html
Greenmarket
Greenmarket, a non-profit organization that coordinates 45 open-air farmers’ market locations all over NYC, is working to increase the opportunity recipients of EBT/food stamps have to shop at different farmers’ market. Greenmarket producers all farm, fish, bake or butcher within a 200 mile radius of New York City and then drive into the city to sell their products in different neighborhoods. Right now markets are packed with an abundance of seasonal foods; peaches, corn, peppers, tomatoes, carrots, greens, melons, eggplant, beets, and year round products such as cheese, meats, bread and more!
Greenmarket is a Program of the Council on the Environment of NYC. Visit the website to download a flyer on locations within NYC www.cenyc.org. Call 212-341-2324 for questions about this project or call 212-788-7476 with general questions about the markets.
