A-210, General Policy

Revision 24-3; Effective July 1, 2024

TANF

A Temporary Assistance for Needy Families (TANF) certified group:

  • Is a person or group of relatives whose needs are included in one Eligibility Determination Group (EDG).
  • Must include an eligible child, unless the eligible relative cares for a child who receives:
    • Supplemental Security Income (SSI), Foster Care with Cash or Adoption Assistance with Cash; or
    • SSI Medicaid, and the relative chooses not to request TANF for the child.

Some people are required members of the TANF certified group. The applicant may not choose to exclude a required member from the certified group. If the applicant fails to provide available verification for a required member, deny assistance for the entire certified group.

A TANF-State Program (SP) certified group must contain both an eligible:

  • caretaker or parent; and
  • second parent.

Households are eligible for TANF-SP if the budget group contains:

  • two eligible parents who are certified for TANF;
  • one TANF-certified parent and a disqualified parent unless the disqualified parent does not meet citizenship requirements; or
  • two disqualified parents unless the disqualified parents do not meet citizenship requirements.

Related Policy

Who is Not Included, A-222
Alien Sponsor's Income, A-1361
A Household with Members on TANF, TANF-State Program (SP), TP 07, TP 08 and TP 20, B-480

SNAP

A Supplemental Nutrition Assistance Program (SNAP) unit is one person or a group of people who live:

  • together and usually purchase and prepare their food together; or
  • with others and intend to purchase and prepare food separately after certification.

When a person is 60 or over and lives with others but cannot purchase and prepare food separately because of a permanent incapacity, the person and their spouse may claim a separate household status if they meet certain criteria. To allow the person and their spouse to claim separate household status, the gross income of the other household members, not including the elderly and disabled person and spouse, must be less than 165 percent of the Federal Poverty Level (FPL) for the number of other people in the household.

To claim a separate household status, the elderly person must:

  • prove that they meet the Social Security disability criteria, if questionable; and
  • provide verification of the other household member's income.

Note: When granting separate household status, always include required members in the elderly person's household. For example, the elderly person's spouse or children under 22 are always included in the same household unless elderly members have their own SNAP Combined Application Project (SNAP-CAP) EDGs.

Related Policy

Who Is Included, A-231
Noncommercial Roomer/Boarder Payments, A-1323.4.3
Disqualified Members, A-1362
Alien Sponsor's Income, A-1361
Students in Higher Education, B-410
Definition of Disability, B-432
Joint Supplemental Security Income (SSI)-SNAP Applications, B-476
Categorically Eligible Households, B-470

Medical Programs

Use the modified adjusted gross income (MAGI) household composition to determine whose needs, income and expenses are considered when determining eligibility for medical programs. Determine each person's MAGI household composition at an individual level. People living at the same physical address may have different MAGI household compositions. MAGI household composition is based on federal income tax rules.

Exception: Medically Needy with Spend Down has certain exceptions for determining MAGI household composition and income.

A person does not have to file a federal income tax return to apply for medical programs.

Related Policy

How to Determine Spend Down, A-1359

A—211 Relationships Resulting from Termination of Parental Rights

Revision 15-4; Effective October 1, 2015

All Programs

When a court terminates the relationship between a biological or adoptive parent and child, a legal parent/child relationship does not exist between the two individuals.

If a biological or adoptive parent's parental rights to a child are terminated, that parent no longer has a legal parent/child relationship to that child, nor to any of the child's children who are born after the date the parental rights were terminated.

Example: Amy's parental rights to her child Julie are terminated when Julie is 16. Julie already has one child, Jill, at the time Amy's parental rights are terminated. Subsequently, Julie has a second child, Bill. As a result, Amy no longer has a legal relationship with Julie or Bill, but she retains her grandparent relationship to Jill.

Note: A parent whose parental rights have been terminated is not considered the natural parent of their biological child.

Relationships that existed between the child and other relatives of the biological parent are not interrupted or terminated. The only relationship terminated is that of the parent that relinquished his or her parental rights. Example: The child's biological or adoptive grandparents, siblings, aunts, uncles, and cousins still have the same relationship to the child they had before the parental rights were terminated.

Related Policy

Child Support and Medical Support Referrals, A-1122.2

A—212 Relationships Resulting from Adoption Procedures

Revision 15-4; Effective October 1, 2015

All Programs

A legal parent/child relationship is created when an individual adopts a child. The adoptive parent/child relationship creates the same relationships with the adoptive parent's relatives that are created with a biological parent/child relationship. Example: When a grandparent adopts a biological grandchild, the:

  • grandparent becomes the child's adoptive parent, and
  • the biological parent becomes the child's adoptive sibling.

A—213 Adoption Household Composition Situations

Revision 15-4; Effective October 1, 2015

TANF

Adoption household composition is determined by the advisor using the following steps:

StepsDescription
1Identify all eligible children for the applicant/recipient.
2Include all eligible children in the certified group.
3Include all siblings of the children included in Step 2 if they are eligible children and cannot be certified separately from their sibling. Include a minor's child at the caretaker/payee's request.

Example 1

If a household consists of the applicant, the applicant's two biological children, ages 15 and 17, the 15-year-old's baby (age 1) that the applicant has adopted, and the 17-year-old's 2-year-old baby, the advisor must:

StepsDescription
1

Identify eligible children:

  • 15-year-old (daughter of applicant)
  • 17-year-old (daughter of applicant)
  • 1-year-old (adopted daughter)
  • 2-year-old (applicant's grandchild – include at applicant's request)
2

Include in certified group:

  • applicant
  • 15-year-old
  • 17-year-old
  • 1-year-old
3

Include in certified group at the applicant's request:

  • 2-year-old

Example 2

If a household consists of the applicant, adopted child (biological grandchild), and the adopted child's half-sibling, not related to the applicant, the advisor must:

StepsDescription
1

Identify eligible children:

  • adopted child
2

Include in certified group:

  • applicant
  • adopted child
3N/A – there are no optional eligible children.

Note: For TP 32, TP 33, TP 34, TP 35, TP 43, TP 44, TP 48 or TP 56, the half-sibling can be considered an independent child when determining the child's eligibility for Medicaid. See A-910, General Policy.

A-220, TANF

A—221 Who Is Included

Revision 24-3; Effective July 1, 2024

TANF

The following are always included in the TANF certified group:

1. Eligible Child

An eligible child is a person who meets TANF requirements, is not married per Texas state law, and is:

  • under 18; or
  • 18 and:
    • is a full-time student, as defined by the school, in high school, attends an accredited general equivalency diploma (GED) class, or regularly attends vocational or technical training as an equivalent to high school attendance; and
    • expects to graduate before or during the month of the child’s 19th birthday.

Notes:

  • GED is approved only if the class is administered by an accredited institution.
  • When removing a child who has turned 18 or 19 from the grant, determine if diversion is needed to account for the needs of the removed child.
  • A child certified for foster care, Medicaid only, or adoption assistance Medicaid only is a potentially eligible child.

An emancipated minor is an eligible child if the:

  • child meets the TANF age criteria;
  • child is not married per Texas state law; and
  • caretaker or payee exercises parental control of the child.
Related Policy

Diversions, Alimony, and Payments to Dependents Outside the Home, A-1424 

2. Eligible Legal Parent

An eligible legal parent is a legal parent who meets TANF requirements and lives with an eligible child. This includes:

  • A parent who is absent solely because of employment or active duty in the U.S. military.
  • Parents receiving foster care or adoption assistance services for themselves, but not the child.

Exception: Review No. 6, Minor Parents, below.

Related Policy

Deprivation Based on Absence from the Home, A-1040

3. Siblings

A sibling is a brother or sister of an eligible child, including legally adopted and half-brothers and sisters. Siblings must be certified together if they meet all TANF requirements. If an unborn child will be a required member of the certified group, a special review is set for the first day of the month after the expected delivery month.

Note: Half-brothers or sisters who do not meet the degree of relationship to the caretaker are not eligible to receive TANF benefits. However, they can be certified as an independent child on a separate Medicaid EDG.

Example: The household includes a grandparent, two grandchildren and a half-sibling to the grandchildren. The two grandchildren can be certified for TANF and Medicaid because they meet the required degree of relationship to the caretaker. The half-sibling does not meet the required degree of relationship to the caretaker and cannot be certified for TANF. The half-sibling can be certified as an independent child on a separate Medicaid EDG.

Exception: Review No. 6, Minor Parent, below.

Related Policy

General Policy, A-910

4. Caretaker

A caretaker is any specified relative who:

  • is present in the home; and
  • supervises and cares for the TANF child.

A caretaker must be the child's:

  • father or mother;
  • grandfather or grandmother;
  • brother or sister;
  • uncle or aunt;
  • first cousin;
  • nephew or niece;
  • stepfather or stepmother;
  • stepbrother or stepsister; or
  • first cousin once removed.

Relationship extends to the:

  • Spouse of the listed relatives, even after the marriage has ended in death or divorce, regardless of when the child's birth occurred.
  • Degree of great-great for uncles or aunts and nephews or nieces.
  • Degree of great-great-great for grandparents.

A caretaker meets the relationship requirement even if a court has jurisdiction over the child or an agency is the child's managing conservator. If a child lives with a managing conservator, the conservator must meet the relationship requirement.

If a child lives with a married relative, not a parent, who wants to be considered the caretaker, eligibility and benefits are determined using:

  • normal budgeting procedures for the applicant's income; and
  • stepparent budgeting for the income of the applicant's spouse.

If the non-parent caretaker applying for the child is not financially eligible based on their income or resources to receive TANF, then financial eligibility can be determined using only the eligible children.

No one else is included as caretaker if the legal parent is:

  • in the home; and
  • physically and mentally able to provide care.

Exception: The stepparent may be certified as caretaker if the stepparent wants to be included and the legal parent has a disability. The stepparent and legal parent who has a disability are certified for TANF-SP when the stepparent is included in the certified group.

Related Policy

Relationship, A-520
Stepparent EDGs, A-1366
Relationship Charts, C-1440

5. Second Parent

When a child lives with both legal parents, both parents are included in the certified group. The parent who is not the caretaker is the second parent. The second parent must meet all TANF requirements.

The household may be certified for TANF-SP when:

  • both parents are eligible and certified for TANF;
  • one parent is eligible and certified for TANF and the other parent is disqualified for one of the reasons listed in A-222, Who Is Not Included, No. 4, Disqualified Members, unless that disqualification is due to not meeting citizenship requirements; or
  • both parents are disqualified for one of the reasons listed in A-222, No. 4, unless that disqualification is due to not meeting citizenship requirements.
Related Policy

General Policy, A-1310 

6. Minor Parent

minor parent and child living with the minor parent's parent or siblings may:

  • be certified separately if the:
    • minor parent's parent or sibling is not a TANF applicant or recipient; or
    • minor parent cannot be included in their parent or sibling TANF EDG because they are not an eligible child; or
  • continue to receive TANF on a separate EDG if the minor parent's EDG was certified before the:
    • month the parent or sibling applied for TANF; or
    • day the minor parent moved into the home with the parent or sibling.

Otherwise, the minor parent must be included as a child with the:

  • legal parent(s) who receives TANF or TANF-SP; or
  • sibling certified for TANF or TANF-SP as a child.

If the caretaker or payee in the EDG requests TANF for the minor parent's child, the child is included in the EDG with the caretaker or payee and the minor parent.

Exception: A married minor parent is an eligible legal parent and must be certified separately from the minor parent’s parents. Review No. 1, Eligible Child, above. 

Related Policy

Requirement for Unmarried Minor Parents to Live with an Adult or in an Adult-Supervised Setting, A-930
Unmarried Minor Parent Income, A-1365
Stepparent Budgeting Procedures, A-1366.2 

7. Stepparents

A stepparent is not a child's legal parent but is the legal parent's spouse. Stepchildren are deprived of parental support because one legal parent is absent.

Include the stepparent in the certified group only if the stepparent wants to be included and:

  • the stepparent is the only parent in the home; or
  • both the legal parent and the stepparent are in the home and the legal parent has a disability.

Certify the stepparent and legal parent with disabilities for TANF-SP when the stepparent is included in the certified group. If the legal parent and stepparent live in the home and have mutual children, they must all be included in the same certified group.

Related Policy

Determining Incapacity, A-1051
Resources of Stepparents, A-1247
Stepparent EDGs, A-1366
A Household with Members on TANF, TANF-State Program (SP), TP 07, TP 08 and TP 20, B-480

8. People in Nursing Homes

If a member of the TANF-certified group temporarily enters a nursing facility, the person’s needs are left in the TANF budget during the nursing facility stay or until the person is certified for Supplemental Security Income (SSI). The person should be referred to the Social Security Office for an SSI eligibility determination.

A—222 Who Is Not Included

Revision 22-3; Effective July 1, 2022

TANF

The following are not included in the TANF-certified group:

  1. Payee

    A payee is a relative who meets relationship requirements and lives with, supervises, and cares for an eligible child. The payee is authorized to receive the TANF benefits for an eligible child but is not a member of the certified group because the person is a:

    • legal parent who would be a caretaker but is ineligible due to receipt of SSI; or
    • relative other than the legal parent who qualifies as a caretaker except the person:
      • chooses not to be included as caretaker;
      • receives SSI, Foster Care with Cash or Adoption Assistance with Cash payments;
      • is disqualified for an intentional program violation (IPV); or
      • fails to comply with a program requirement that would disqualify a legal parent (see No. 4, Disqualified Members, below).

    Note: A payee who chooses not to be included as a caretaker on one EDG may be a caretaker on another TANF EDG for other related children.

  2. Protective Payee

    A protective payee must be selected to receive and manage the TANF benefit if the caretaker is not using the TANF payments for the children's benefit.

    The protective payee must be someone who can help the person spend the household's TANF benefits properly. The person receiving TANF must agree to the person designated as the protective payee unless:

    • the Texas Department of Family and Protective Services (DFPS) designates a protective payee; or
    • staff designate a grandparent, aunt, uncle, brother or sister who is 25 or older to be the protective payee because the parent is not using the TANF payments for the child's benefit. Great-grandparents, great-aunts, and great-uncles may be designated as protective payees. Follow TANF relationship requirements.

    The protective payee is automatically the authorized representative (AR).

    The protective payee cannot be a:

    • Texas Health and Human Services Commission (HHSC) employee;
    • person who provides HHSC services to the family; or
    • a relative who is younger than 25 when a relative protective payee is designated by HHSC. 
    • A child’s cousin, niece or nephew.

    The protective payee situation must be re-evaluated at each complete redetermination. For EDGs with a:

    • DFPS-requested protective payee. DFPS must be contacted at each complete redetermination to determine whether the protective payee should continue; and
    • grandparent, aunt, uncle, brother or sister designated by HHSC as protective payee. Investigate any alleged report of the relative not using TANF for the child's benefit.

    Note: When designating or continuing a protective payee, notify the recipient and allow an opportunity to appeal.

  3. Representative Payee

    A representative payee is designated if a person is unable to receive and manage the household's TANF or Medicaid benefits because of incapacity or incompetence. The representative payee must be knowledgeable about the family members and interested in the family’s welfare. The person must designate this representative in writing if physically or mentally capable of doing so.

    A representative payee is automatically the AR. The representative payee may be the AR who assisted in the eligibility process.

  4. Disqualified Members

    A legal parent is disqualified from the certified group if the person:

    • does not meet citizenship requirements;
    • refuses to comply with Medicaid third-party resource (TPR) requirements;
    • does not comply with Social Security number requirements;
    • is found guilty of an IPV;
    • fails to timely report the temporary absence of a certified child;
    • is a fugitive fleeing to avoid prosecution of or confinement for a felony criminal conviction, or found by a court to be violating federal or state probation or parole;
    • is convicted of a felony drug offense (not deferred adjudication) for the possession, use or distribution of a controlled substance as defined in 102(6) of the Controlled Substances Act [U.S. Code (USC) 802(6)] that was committed on or after April 1, 2002, in Texas or another state;
    • has received benefits for the total months allowed by the state time limit;
    • is a minor parent who fails to comply with the unmarried minor parent domicile requirement; or
    • is denied for refusal to cooperate with the program integrity assessment (quality control) process.

    Note: A legal parent is permanently disqualified for a felony drug conviction (not deferred adjudication) for an offense committed on or after April 1, 2002.

    A child is disqualified from the certified group if the child:

    • is a fugitive;
    • fails to comply with Social Security number requirements;
    • is a minor parent and fails to report the temporary absence of their child; or
    • is convicted of a felony drug offense that was committed on or after April 1, 2002.

    If the disqualified member wishes to apply for Medicaid, determine which medical program applies to the disqualified household member. If all eligibility requirements are met, certify the person for the appropriate medical program.

    When the criminal history report in the Data Broker system indicates the person has been convicted of an offense involving a controlled substance, discuss the situation with the person. If the person claims they are not the person on the criminal history report but the identifying information on the report (name, date of birth, physical description) leads staff to believe the report is correct, or the person disagrees with other information provided in the report, for example, the type of conviction or whether it was a felony or misdemeanor:

    • document the person's response in Case Comments;
    • proceed with the appropriate EDG action without acting on the criminal history report;
    • contact the Office of Inspector General (OIG) Benefits Program Integrity (BPI) Department by emailing the OIG BPI mailbox; and
    • document the reason for contacting OIG BPI in Case Comments. Once OIG BPI obtains information to clear the discrepancy, the assigned OIG BPI investigator provides the information via email. Staff responsible for clearing the task must document the results of the OIG BPI's findings in Case Comments. If applicable, enter information in the Data Collection-Individual Demographic-Conviction/Rehabilitation page and make an overpayment referral if appropriate. 
  5. SSI Recipients

    A TANF family member is removed from the certified group when the person is certified for SSI. The Social Security Administration (SSA) notifies HHSC by an interface when a TANF recipient is determined eligible for SSI.

  6. Residents in State Supported Living Centers for Individuals with Intellectual Disabilities

    If a TANF recipient enters a state supported living center for persons with intellectual disabilities, the person’s needs are removed from the TANF grant. If the recipient is the caretaker or payee, the grant continues for the remaining eligible children in another eligible person's name.

  7. Strikers

    A household's application or ongoing benefits are denied for any month where a certified or disqualified legal parent is participating in a strike.

  8. Foster Care with Cash Payment, Adoption Assistance with Cash Payment, and Permanency Care Assistance (PCA) with Cash Payment recipients.

    A person receiving these cash benefits is not included in the TANF EDG.

    Note: A person may potentially receive DFPS foster care through their 22nd birthday month. Adoption assistance and PCA are only received through the 18th birthday month unless the family signs an agreement after the youth turns 16. When this occurs, the youth may receive adoption assistance or PCA through their 22nd birthday month.
     
  9. Ineligible Children

    A child who is ineligible, such as an ineligible alien child or a child who is not within the required degree of relationship to the adult caretaker or payee, is not included.

Related Policies

Authorized Representatives, A-170
TANF, A-220
Temporary Absence from the Home, A-920
General Policy, A-1210
Disqualified Members, A-1362
Use of TANF Benefits, A-1553
When the Person Signs Form H1073, A-2128.1
Filing an Overpayment Referral, B-770
Relationship Charts, C-1440

A–223 Certifying Children on Non-Parent Caretaker EDGs

Revision 22-3; Effective July 1, 2022

TANF

When an eligible child lives with a relative other than the legal parent, the child is certified on:

  • a separate EDG with the relative as a payee when the relative receives TANF for children who are not the child's natural, adopted or half siblings; or
  • the same EDG with the non-parent caretaker when the relative:
    • requests it and is not receiving TANF for any other children; or
    • is receiving TANF for children who are the child's natural, adopted, or half siblings.

Certify each other-related child, unless they are siblings, on a separate EDG.

Exception: Other-related children are certified on the same EDG if:

  • at least one EDG is ineligible separately;
  • the members would be eligible if the EDGs were combined; and
  • the relative requests that they be combined.

A child's TANF must not be denied because of the income or resources of a:

  • child who is not the child’s natural, adopted, or half sibling; or
  • caretaker who is not the child’s parent (for example, a stepparent).

When an EDG is denied because of the income or resources of a non-parent relative caretaker:

  • deny the EDG, which includes the caretaker's request for aid; and
  • process a separate EDG to determine the child's eligibility without the caretaker.

Note: Households that include a non-parent caretaker are not eligible for TANF-SP. See related policy for more information on the action to take when non-parent relative caretakers must be denied while the other-related children remain eligible.

Related Policy  

Stepparent Budgeting Procedures, A-1366.2
OTTANF, A-2411
One-Time TANF for Relatives, A-2412 
Documentation Requirements, A-2470
A Household with Members on TANF, TANF-State Program (SP), TP 07, TP 08 and TP 20, B-480

A–224 Special Household Composition Situations

Revision 02-8; Effective October 1, 2002

A–224.1 TANF-SP EDGs with Stepchildren or a Parent's Child from a Previous Relationship

Revision 15-4; Effective October 1, 2015

TANF

The following must be included in the TANF-SP EDG:

  • a child who lives with a natural/adoptive parent, a stepparent, and a sibling who is the parent and stepparent’s mutual child.
  • parents and all children, when:
    • the legal parents of a mutual child are not married to each other, and
    • one or both have a child living in the home who is not a mutual child.

If the household is ineligible for TANF-SP because they do not meet other TANF eligibility requirements such as income or resources, the family unit must remain as one filing unit even when stepchildren are included. In this situation, the advisor must determine whether the household meets eligibility requirements for the Medical Programs.

If an active TANF-SP EDG is denied because of earnings or the removal of the 90 percent earned income deduction and the household is receiving TP 08, the Texas Integrated Eligibility Redesign System (TIERS) will deny both the TANF-SP and TP 08 EDGs and create:

  • a transitional Medicaid EDG if the certified group meets the eligibility criteria; or
  • another Medical Program type of assistance EDG for eligible members if they are not eligible for transitional Medicaid and are otherwise eligible for medical coverage.

Related Policy

Transitional Medicaid Coverage, A-840
General Eligibility Information, A-841
TP 07 Transitional Medicaid, A-842

A–224.2 TANF-SP EDGs with an Other-Related Child

Revision 15-4; Effective October 1, 2015

TANF

Each other-related child living in the family (see A-223, Certifying Children on Non-Parent Caretaker EDGs) is certified on a separate EDG unless the child or other members are ineligible separately. If the child or other members are ineligible separately, the other-related child in the TANF-SP EDG is included. The advisor must ensure that the other-related child has the opportunity to continue receiving TANF when the TANF-SP EDG is denied.

A-230, Supplemental Nutrition Assistance Program

A—231 Who Is Included

Revision 24-3; Effective July 1, 2024

SNAP

The following people must be certified as a Supplemental Nutrition Assistance Program (SNAP) household if they live together:

  • Natural, adopted or stepparents and children 21 or younger. Parents and children are considered living together when the parent or child is away from home for employment or educational purposes and returns home at least one day a month. This includes college students who are eligible for SNAP. Consider children who are 22 beginning the month they turn 22. When determining if parents or children are required household members, consider the following:
    • The relationship between a parent and child terminates when parental rights are terminated.
    • The relationship between a stepparent and stepchild terminates when the marriage between the parent and stepparent terminates, either by death or divorce.
    • When DFPS places a child in foster care, the foster child is considered under parental control of the foster parent. If the foster child's parent moves into the home, the parent, child and foster parent must all be included in the SNAP household.
    • If the parents of a child do not live together and the child lives with each parent part of the month, the child can be certified with either parent. If both parents apply, then certify the parent who provides more meals for the child.
    • A parent or child living with a SNAP-CAP recipient can apply separately. Certify the minor child as the SNAP head of household.
  • A child under 18 and any nonparent adult household member with parental control over the child. A child not under parental control may apply separately if the child purchases and prepares food separately. Children are considered 18 beginning the month they turn 18. Even if under parental control of a nonparent household member, the following exceptions apply:
    • A foster parent or caregiver has the option to include or exclude a Foster Care, Adoption Assistance or Permanency Care Assistance (PCA) payment recipient as a household member in the SNAP certified group. Households with more than one recipient can opt to include some Foster Care or PCA recipients while excluding others, even if the Foster Care or PCA recipients are related to each other or related to the foster parent or caregiver. A Foster Care or PCA recipient who is excluded from the Foster Care or PCA applicant’s SNAP certified group is not eligible to participate as a separate SNAP household or as a certified member in another SNAP household.
    • The household may consider a foster child as a boarder instead of a household member.
    • A child under 18 who purchases and prepares food separately can apply separately if the child is:
      • married and living with the spouse; or
      • the parent of a minor child living in the home.
    • A child under 18 living with a SNAP-CAP recipient can apply separately. The minor child is certified as the SNAP head of household.
  • Spouses. Consider spouses as living together when one spouse leaves the home for employment or educational purposes and returns home at least one day a month. A spouse residing with a SNAP-CAP recipient can apply separately. Spouses are people who marry each other, or live together and represent themselves to the community as married. This definition may differ from state laws governing common-law marriage. Consider the following for a same-sex marriage that occurred:
    • before June 26, 2015, the marriage date is considered June 26, 2015; and
    • on or after June 26, 2015, the marriage date is the date it occurred.

Related Policy

Noncommercial Roomer/Boarder Payments, A-1323.4.3
Foster Care and Permanency Care Assistance (PCA) Payments, A-1326.4
Students in Higher Education, B-410
Household Composition, B-475.3

A—232 Who Is Not Included

Revision 15-4; Effective October 1, 2015

A—232.1 Nonmembers

Revision 22-1; Effective January 1, 2022 

SNAP

The following are not included in a Supplemental Nutrition Assistance Program (SNAP)-certified group:

  1. Roomers — Certify a roomer who pays for lodging but not food as a separate household unless the person meets one of the three categories of who is included in a SNAP household, if they live together.
  2. Live-in attendants — Certify a live-in attendant as a separate household, unless the person meets one of the three categories of who to include in a SNAP household, if they live together.
  3. Boarders — Boarders in noncommercial boarding houses cannot receive SNAP separate from the household they live with. Boarders who live in a commercial boarding house cannot participate in SNAP. Note: A foster parent or caretaker has the option to include or exclude a foster child or adult as a SNAP household member.  
  4. Ineligible students — Students in higher education who do not meet the student eligibility criteria.
  5. New household members — Do not add new household members certified in another household to the new EDG until they are removed from the previous EDG. Exception: Residents in shelters for battered persons may receive two allotments in the same month, if the original benefits issued to the former household included the battered persons, the children and the abuser.
  6. Supplemental Nutrition Assistance Program Combined Application Project (SNAP-CAP) participants — Certify people living with an active SNAP-CAP participant as a separate household.
  7. Institutional residents — Residents who are offered more than half their meals from a facility that is not an approved institution. 

Note: Residents of institutions such as homeless shelters, drug and alcohol treatment (D&A) or group living arrangement (GLA) facilities, or family violence shelters are potentially eligible for SNAP, if it is an approved institution. These residents may be certified separately, regardless of how they purchase and prepare meals with other residents. The resident’s SNAP household still includes mandatory required SNAP household members, if they live together.

Common examples of institutions are hospitals, nursing homes, public or private homes for persons with a disability, establishments for delinquents and young offenders, group homes for children, penal and correctional institutions, jails, homeless shelters, and students living in a school dormitory where most meals are provided.

Foster placement agencies place some foster children or adults in homes or facilities other than foster parent homes, and are cared for by people who are employees of, or contract with placement agencies. Such facilities usually house multiple foster children or adults. Foster children or adults who reside in these unapproved institutions rather than in the foster parent’s home, are considered institutionalized and cannot receive SNAP.

Related Policy

Applications from Residents of a Homeless Shelter, A-116.2
Who Is Included, A-231
Noncommercial Roomer/Boarder Payments, A-1323.4.3
Foster Care and Permanency Care Assistance (PCA) Payments, A-1326.4
Students in Higher Education, B-410
Ineligible Students, B-413
Drug and Alcohol Treatment (D&A) or Group Living Arrangement (GLA) Facilities, B-440
Residents in Family Violence Shelters, B-450
Participation Twice in Same Month, B-454
Prepared Meal Services, B-460
Household Composition, B-475.3
Determining Whether a Person Who Resides in a Facility Is Institutionalized, B-490

A—232.2 Disqualified People

Revision 24-2; Effective April 1, 2024

SNAP

The following people would be required SNAP household members but are disqualified. They cannot participate during their disqualification period. However, the disqualified person’s circumstances, income, and resources are considered in determining the household's eligibility and benefit allotment. 

1. Fugitives

People who are fleeing to avoid prosecution of or confinement for a felony criminal conviction, or are found by a court to be violating federal or state probation or parole.

2. People with a felony drug conviction

A person with a felony drug conviction (not deferred adjudication) in Texas or another state occurring Sept. 1, 2015 or after, for the possession, use or distribution of a controlled substance as defined in 102(6) of the Controlled Substance Act [21 USC 802(6)] who:

  • violates a condition of parole or community supervision, incurs a two-year SNAP disqualification; or
  • is convicted of a subsequent felony drug offense in Texas or another state while receiving SNAP, incurs a permanent SNAP disqualification.

The person's statement is accepted as verification of a felony drug conviction.

When electronic data sources show the person was convicted Sept.1, 2015 or after, for an offense involving a controlled substance, discuss the situation with the person and:

  • if they claim not to be the person on the report, but identifying information on the report such as name, date of birth and physical description lead staff to believe using the prudent person principle that the report is correct; or
  • if the person disagrees with other information provided in the report such as the type of conviction or if it was a felony or misdemeanor, 

If unable to clear the discrepancy between the household’s statement and the electronic data sources, staff must: 

  • document the person's response in TIERS case comments;
  • proceed with the appropriate case action without acting on the criminal history report;
  • contact the Texas Office of Inspector General (OIG) by emailing the OIG Benefits Program Integrity (BPI) mailbox; and
  • document the reason for contacting OIG BPI in Case Comments. 

Once OIG BPI receives information to clear the discrepancy, the assigned OIG BPI investigator provides the information by email. Staff responsible for processing this task must document the results of the OIG BPI's findings in TIERS case comments and, if applicable, enter information in the Individual Demographic-Conviction/Rehabilitation page. File an overpayment referral, if appropriate.

3. Intentional Program Violation (IPV)

People disqualified for an IPV in Texas or another state.

4. Noncooperation with SNAP Employment and Training (E&T)

People disqualified for failing to cooperate with E&T requirements.

5. Noncooperation with Social Security number (SSN) requirements

People disqualified for failing to cooperate with SSN requirements.

6. Ineligible Alien

People who do not have eligible alien status to receive benefits.

7. SNAP Able Bodied Adult Without Dependents ABAWD Work Requirement

ABAWDs who have received their initial three months of SNAP benefits and who do not meet the ABAWD work requirement.

Related Policy 

Prudent Person Principle, A-137
Absence of Proof of Alien Status, A-313
Qualified Alien Status Eligibility Charts, A-340
Failure to Comply, A-420
Disqualified Members, A-1362
Noncooperation with E&T, A-1844
ABAWD Work Requirement, A-1940
After the Three Months of Time-Limited SNAP Eligibility, A-1951
Filing an Overpayment Referral, B-770
IPV Disqualification Penalties, B-912 

A-240, Medical Programs

Revision 16-4; Effective October 1, 2016

Medical Programs

The following individuals may be certified for medical coverage if they meet all eligibility criteria:

  • children under age 19;
  • other-related children under age 19;
  • independent children under age 19;
  • pregnant women;
  • legal parent(s);
  • caretaker relatives; or
  • spouse of caretaker relatives.

MAGI rules are used to determine financial eligibility for certain Medical Programs. MAGI rules are based on Internal Revenue Service tax rules.

The following criteria are considered when determining the MAGI household composition for Medical Programs:

  • tax status;
  • tax relationships;
  • living arrangements; and
  • family relationships.

Tax Status

An individual's tax status must be designated before their MAGI household composition can be determined.

Tax status is based on the individual's self-declaration for what he or she plans to report on his or her federal income tax return for the taxable year in which eligibility for Medical Programs is requested.

Individuals must be designated as one of the following:

  • A taxpayer – an individual who plans to file a federal income tax return for the taxable year in which eligibility for Medical Programs is requested and who is not claimed by another taxpayer. Spouses who plan to file a joint or separate federal income tax return are both considered taxpayers.

Note: For MAGI household composition purposes, an unmarried individual who intends to file a joint tax return is considered a taxpayer filing separately. An individual who is unmarried is not considered a taxpayer filing jointly.

  • A tax dependent – an individual who plans to be claimed as a tax dependent by a taxpayer.

Note: An individual who is both a taxpayer and tax dependent is considered a tax dependent. Example: A college student who plans to file his or her own federal income tax return and expects to be claimed by his or her parents will be considered a tax dependent.

  • A non-taxpayer/non-tax dependent – an individual who does not plan to file a federal income tax return in the taxable year in which eligibility for Medical Programs is requested and does not plan to be claimed by a taxpayer. 

Tax Relationships

Individuals have a tax relationship to one another if they:

  • plan to file a joint federal income tax return;
  • are the taxpayer that plans to claim specific tax dependent(s); or
  • are a tax dependent of a specific taxpayer.

Individuals do not have a tax relationship to anyone if they:

  • do not plan to file a federal income tax return;
  • are not the taxpayer planning to claim the specified tax dependent(s); or
  • are not a tax dependent of a specified taxpayer.

Living Arrangements

Individuals are not required to live at the same physical address in order to apply for each other if they have a tax relationship, as explained in A-121, Receipt of Application.

Domicile requirements explained in A-900, Domicile, apply to TP 08, Parents and Caretaker Relatives Medicaid. A parent/caretaker relative must reside with a dependent child to receive TP 08 benefits.

A child entering a state hospital may qualify as an independent child. The child may qualify even if ordered by the court into a state hospital. A child is considered an independent child if court ordered into a state hospital because the parent/caretaker relative no longer has care and control. If the parent/caretaker relative admitted the child voluntarily into a state hospital, verification of whether the parent/caretaker relative still has care and control to determine independent child status is required.

An inquiry should be performed prior to certifying an independent child. The child is certified as an independent child if all eligibility criteria are met. The coverage continues for 12 months, even if the child is released from the state hospital. If a child is released from the facility prior to the end of the 12-month period, the address change is processed and coverage is continued.

Determining Custodial Parent

A custodial parent is established based on physical custody and who has legal authority to claim a child as a tax dependent specified in a court order, binding separation agreement, divorce agreement, or custody agreement.

  • If there is no order or agreement, or in the event of a shared custody agreement without specifications for filing federal income tax returns, the custodial parent is the parent with whom the child spends most nights. In the event that the child spends an equal amount of nights with both parents, the advisor must make a prudent person decision regarding which parent should be considered the custodial parent.
  • If both a custodial parent and a non-custodial parent declare that they plan to claim the same child as a tax dependent on their federal income tax return, the advisor should build the child's MAGI household composition as a tax dependent of the custodial parent. 

Family Relationships

Family relationships that impact household composition include:

  • marriage;
  • parents of children under age 19; and
  • siblings under age 19 or a child under age 19.

The tax status of the individual impacts how the family relationship is used in determining MAGI household composition.

Notes:

  • For MAGI only applications and renewals, a relationship and tax status of unmarried and intending to file jointly is not an indication that the individual is currently married or that there is a discrepancy in the individual's marital status.
  • For integrated applications and renewals that include SNAP or TANF, a relationship and tax status of unmarried and intending to file jointly should be treated as a case clue if marital status is questionable.
  • For all applications and renewals, if the client provides a tax document with an indication of marital status that is inconsistent with the marital status that was reported on an application, the discrepancy in the marital status must be resolved.

A household cannot choose to exclude a child from the budget group when determining eligibility for Medical Programs. 

The policy in A-241, Budget Group, and A-242, Certified Group, is used to determine whom to include in the budget and certified group.

Related Policy

Children Admitted into State Hospitals, A-922
Verification Requirements, A-940
Documentation Requirements, A-950
Applications for Babies Born to Women in Prison, A-116.3
Eligibility Requirements, A-521

A—241 Budget Group

Revision 12-1; Effective January 1, 2012

A—241.1 Who Is Included

Revision 15-4; Effective October 1, 2015

A—241.1.1 Taxpayer's MAGI Household Composition

Revision 15-4; Effective October 1, 2015

Medical Programs

The following individuals are included in the taxpayer's MAGI household composition:

  • The taxpayer;
  • The taxpayer's spouse, if the taxpayer and the spouse live together;
  • The taxpayer's spouse, if the taxpayer and spouse file a joint federal income tax return; and
  • Any individual the taxpayer plans to claim as a tax dependent.

A—241.1.2 Tax Dependent Exceptions

Revision 19-1; Effective January 1, 2019

Medical Programs

If a tax dependent meets any one of the following exceptions, staff must use the non-taxpayer/non-tax dependent rules explained in A-241.1.4, Non-Taxpayer/Non-Tax Dependent's or Tax Dependent with an Exception MAGI Household Composition, (not the tax dependent rules) to build the tax dependent's MAGI household composition:

  • The tax dependent is not the taxpayer's spouse or the taxpayer's child (natural, adopted or step) regardless of age;
  • The tax dependent is a child under age 19 who lives with both parents who do not plan to file a joint federal income tax return and the child was claimed by one parent; or
  • The tax dependent is a child under age 19 who is claimed as a tax dependent only by a non-custodial parent.

For a child claimed as a tax dependent by both parents who are filing jointly, with one parent living outside the home, the child does not meet the third tax dependent exception. Staff must build the child's MAGI household composition using the tax dependent rules explained in A-241.1.3, Tax Dependent's MAGI Household Composition.

A—241.1.3 Tax Dependent's MAGI Household Composition

Revision 15-4; Effective October 1, 2015

Medical Programs

If an individual is a tax dependent and does not meet a tax dependent exception previously listed, the following individuals must be included in the tax dependent's MAGI household composition:

  • The tax dependent;
  • The individuals in the MAGI household composition of the taxpayer who is planning to claim the tax dependent; and
  • The tax dependent's spouse, if the tax dependent and the spouse live together.

A—241.1.4 Non-Taxpayer/Non-Tax Dependent's or Tax Dependent with an Exception MAGI Household Composition

Revision 15-4; Effective October 1, 2015

Medical Programs

If an individual does not plan to file a tax return nor plans to be claimed as a tax dependent, the individual is considered a non-taxpayer/non-tax dependent. All tax dependents who meet an exception – Tax Dependent Exceptions­ – will build his or her MAGI household composition using the non-taxpayer/non-tax dependent rules.

The following individuals must be included in the non-taxpayer/non-tax dependent's or tax dependent with exception's MAGI household composition if living together

  • The individual,
  • The individual's spouse,
  • The individual's children under age 19, and
  • If the individual is a child under age 19:
    • The individual's parents, and
    • The individual's siblings under age 19.

A—241.1.5 Inclusion of the Unborn

Revision 16-4; Effective October 1, 2016

Medical Programs

The expected number of unborn children are included in the MAGI household composition of:

  • a pregnant woman; and
  • any individual whose MAGI household composition includes a pregnant woman.

Note: When including the expected number of unborn children in the MAGI household composition, the pregnant woman is not required to be certified on a medical program.

Related Policy

General Policy, A-910
Income Limits and Eligibility Tests, A-1341
Who Is Included, D-321
Who Is Not Included, D-322

A—241.2 Who Is Not Included

Revision 15-4; Effective October 1, 2015

Advisors must use the MAGI household composition policy explained in A-241.1, Who Is Included, when determining eligibility for Medical Programs. 

A—241.3 Household Composition Situations (Minor Parents, Independent Children, Etc.)

Revision 15-4; Effective October 1, 2015

Advisors must use MAGI household composition policy explained in A-241.1, Who Is Included, when determining eligibility for Medical Programs.

A—241.3.1 Children's Living Arrangements

Revision 22-1; Effective January 1, 2022

Medical Programs

A child is considered institutionalized if the child is residing in a facility:

  • that is an organizational part of a governmental entity, such as a county holding facility for juveniles; or
  • over which a government unit exercises final administrative control.

A child is not considered institutionalized if the child is residing in a facility that is a:

  • publicly operated community residence that serves no more than 16 residents, such as a county emergency shelter;
  • non-public facility, such as a group or foster home or a general residential operations facility;
  • state hospital; or
  • halfway house operated by the Texas Juvenile Justice Department (TJJD) or Juvenile Probation Department (JPD) that allows residents freedom of movement and association according to the following tenets:
    • residents are not precluded from working outside the facility in employment available to people not under justice system supervision;
    • residents can use community resources at will; and
    • residents can seek health care treatment in the community to the same or similar extent as other Medicaid enrollees.

Related Policy

Child Placed in a Non-Secure Facility, B-544

A—241.4 Family Violence Exemption

Revision 15-4; Effective October 1, 2015

Medical Programs

Individuals may not be able to or may not want to provide information about a member of their MAGI household composition because they fear physical or emotional harm by that person. Individuals who are pended for missing information about a MAGI household composition member who may be a family violence offender can contact HHSC to request the family violence exemption by calling 2-1-1 or visiting a local office.  

Advisors must ask the individual requesting the family violence exemption, at the time the exemption is requested, if they want to be designated as the head of household for the case. Advisors must also confirm the address that should be used for agency correspondence and offer to set up an alternate address if needed. Individuals experiencing family violence must be allowed to provide an address for agency correspondence other than the address on the case with the offender.

If the individual wants to pursue the family violence exemption, advisors must determine whether the individual has existing approved Office of the Attorney General (OAG) good cause for TANF or TP 08 as explained in A-1130, Explanation of Good Cause. 

  • If the individual has existing OAG good cause, no further action is required for the individual. The advisor must select "OAG Good Cause" as the verification source in TIERS.
  • If the individual does not have existing OAG good cause, the advisor must make a referral to a family violence specialist at a nearby family violence service provider, following the process explained in A-241.4.1, Referral to a Family Violence Specialist. 

A—241.4.1 Referral to a Family Violence Specialist

Revision 15-4; Effective October 1, 2015

Advisors must send the contact information for the nearest family violence shelter to the individual pursuing the family violence exemption using Form H1071, Family Violence Exemption for Medicaid and CHIP. Form H1071 informs the individual how they can claim the family violence exemption and is sent along with Form H1020, Request for Information or Action. 

The individual must contact the family violence specialist and explain the need to claim the family violence exemption. After the family violence specialist makes the recommendation, the family violence specialist completes Form H1706, Good Cause Recommendation and Family Violence Exemption, and may mail or fax the form to HHSC, or send the form back with the individual to HHSC. Only a family violence specialist can recommend the exemption using Form H1706. Form H1706 is due 10 days from the date Form H1020 was sent (or 30 days from the file date, whichever is later).

  • If the family violence specialist recommends the family violence exemption, the exemption is granted and will affect all MAGI EDGs on the case by removing the offender from their MAGI household composition. 
  • If the family violence specialist does not recommend the family violence exemption, the exemption is denied. The advisor must re-pend the MAGI EDGs to give the individual additional time to provide the information that was originally requested for the MAGI household member.
  • If Form H1706 is not returned by the due date, the exemption is denied. All pending MAGI EDGs are denied for failure to provide information that was originally requested for the MAGI household member.
  • If the client withdraws the request for the family violence exemption, the client must provide the information that was originally requested for the MAGI household member by the due date, or the pending MAGI EDGs are denied.

Once the family violence exemption has been established by a family violence specialist, advisors do not need to re-evaluate the exemption. If the individual contacts HHSC to indicate that they no longer wish to receive the family violence exemption, advisors should update the page by indicating that the exemption has been withdrawn by the client.

The individual continues to receive the family violence exemption until there is a break in eligibility for all MAGI EDGs on the case. If an individual wants to pursue the family violence exemption again after a break in eligibility, advisors must follow the referral process explained in this section.

A—242 Certified Group

Revision 17-1; Effective January 1, 2017

Medical Programs

Each EDG will have one individual in the certified group.

TP 08

Parents and caretaker relatives caring for a dependent child who receives Medicaid.

TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

Pregnant women, children under age 19, and parents and caretaker relatives who are ineligible for ongoing Medicaid because they are non-immigrants, undocumented aliens, or certain legal permanent resident aliens who do not meet the citizenship eligibility requirement but meet all other eligibility requirements. Only a person with an emergency medical condition is certified.

TP 40

Minor or adult pregnant woman unless disqualified from Medical Programs for not complying with TPR or SSN requirements.

TP 43

Children under age 1.

If the child is hospitalized on the child's first birthday, eligibility is continued through the month the hospitalization ends. See A-825, Medicaid Termination, for additional information.

TP 44

Children age 6 to 18. Children are eligible through the month of their 19th birthday.

Note: A child should be certified for TP 48 rather than TP 44 the month of the child's sixth birthday.

If the child is hospitalized on his 19th birthday, eligibility is continued through the month the hospitalization ends. See A-825, Medicaid Termination, for additional information.

TP 45

Children under 12 months old whose mother was eligible for and receiving Medicaid at the time of the child's birth. The mother's eligibility for the child's birth month can be determined retroactively.

TP 48

Children age 1 to 5. Children are eligible through the month of their sixth birthday.

Note: A child should be certified for TP 45 (or 43) rather than TP 48 the month of the child's first birthday.

If the child is hospitalized on the child's sixth birthday, eligibility continues through the month the hospitalization ends. See A-825, Medicaid Termination, for additional information.

TP 56

The following individuals should be certified for TP 56 if they meet all other eligibility criteria:

  1. A pregnant woman with household income that exceeds the income limits for TP 40 unless disqualified from Medical Programs for not complying with:
    • TPR requirements; or
    • SSN requirements.
  2. Children under age 19 with household income that exceeds the income limits for TP 43, TP 44 and TP 48 unless disqualified from Medical Programs for not complying with:
    • TPR requirements; or
    • SSN requirements.

A-250, Verification Requirements

Revision 24-3; Effective July 1, 2024

SNAP and TANF

Verify fugitive status for people who are fleeing felons or violating their probation or parole.

TANF

There are no verification requirements for household composition. Age, relationship and domicile eligibility criteria are verified to determine people included in the TANF certified group.

Verify out-of-state disqualifications for felony drug convictions.

SNAP

Verify:

  • household size and composition, if questionable;
  • out-of-state disqualifications for intentional program violations;
  • out-of-state disqualifications for felony drug convictions;
  • compliance with parole or community supervision for people with a felony drug conviction on or after Sept. 1, 2015, at each application, renewal, and when adding a new household member with a felony drug conviction at a change; and
  • if a felony drug conviction is:
    • after another felony drug conviction on or after Sept. 1, 2015; and
    • received while the person was receiving SNAP.

Unless questionable, the household’s statement is acceptable verification of:

  • a felony drug conviction; and
  • who purchases and prepares meals together.

If the required household members claim to live at separate physical addresses and the information in the case record shows otherwise, including electronic data sources, request additional verification to clear the discrepancy between the household’s statement and the information in the case record. Use Form H1020, Request for Information or Action to request additional verification.

If the required household members claim to live in separate dwelling units at the same physical address, attempt to clear the discrepancy using the county appraisal district (CAD). If the information from the CAD does not clear the discrepancy or shows there is only one dwelling unit at the physical address, request additional verification using Form H1020.

To be considered as living separately, required household members must provide verification that they live in separate dwelling units. If unable to clear the discrepancy, consider the required household members as living together.

A dwelling unit is a home, mobile home, duplex unit, apartment unit, condominium unit or any unit in a multiunit residential structure. A multiunit residential structure is two or more dwelling units in one or more buildings that are:

  • under common ownership;
  • managed by the same owner, agent or management company; and
  • located on the same lot or tract of adjacent lots or tracts of land.

Include required household members on the SNAP EDG who live at the same physical address, regardless of the design of their unit.

Medical Programs

To determine a person’s MAGI household composition, each person on the application must provide their tax status, which will identify the person as a taxpayer, tax dependent, a non-taxpayer or non-tax dependent. Additionally, applicants must provide the following information about their tax relationships to one another:

  • a taxpayer who plans to claim one or more dependents must provide the name of each dependent;
  • a taxpayer who plans to file a joint federal income tax return with a spouse must provide the spouse’s name;
  • a taxpayer who plans to file a separate federal income tax return from their spouse must provide the name and filing status of the spouse; and
  • a tax dependent must provide the name of each taxpayer who expect to claim them.

Note: For a pregnant woman, if tax status information is not available and the client cannot be reached, staff can create a Medicaid for Pregnant Women (TP 40) EDG and certify the pregnant woman by postponing verification of tax status. Using the non-taxpayer and non-tax dependent household policy, request additional information for the tax status on the TP 40 EDG. Staff must verify tax status for a TP 40 EDG after certification if the tax status was not verified by the client during the eligibility determination.

Related Policy

Postponed Verification Procedures, A-145.1
Age/Relationship, A-500
Domicile, A-900
Deprivation, A-1000
Social Security's Criteria for Disability, B-432.1

A—251 Verification Sources

Revision 24-3; Effective July 1, 2024

SNAP and TANF

Verify household composition using the following verification sources:

  • building permits;
  • court documents;
  • county records;
  • child welfare records;
  • court child support order;
  • current school record showing the same address as the specified relative;
  • hospital, clinic, health department or private doctor's records;
  • juvenile court records;
  • juvenile Medicaid tracker, only for those placed or released by the Texas Juvenile Justice Department or Juvenile Probation Department;
  • lease agreements;
  • marriage license or certificate;
  • mortgage statements;
  • property deeds;
  • statement from clergy, non-relative landlord or non-relative neighbor;
  • tax records;
  • titles; or
  • visual observation of the child.

Note: When a household’s statement contradicts information found in the CAD, use prudent person principle to ensure statements from a non-relative landlord, non-relative neighbor or clergy adequately explain the discrepancy.

Verify intentional program violations and felony drug convictions with an out-of-state human services agency.

Verify fugitive status for fleeing felons and probation or parole violators with law enforcement by using a:

  • written notification that law enforcement is actively seeking to apprehend the person within the next 30 days; and
  • copy of the arrest warrant.

For fugitives who are fleeing felons, the arrest warrant must also contain one of the following National Crime Information Center (NCIC) codes:

  • Escape (4901);
  • Flight to Avoid (4902); or
  • Flight-Escape (4999).

Note: Staff must not pend for, or attempt to get, verification of fugitive status for fleeing felons or probation or parole violators. Verification of fugitive status is provided to HHSC by law enforcement when law enforcement actively seeks to apprehend a person.

TANF

Verify time limits with an out-of-state human services agency.

SNAP

Verify compliance with parole or community supervision for people with a felony drug conviction on Sept. 1, 2015, and after, using:

  • Form H1806, Parole/Community Supervision Report; or
  • answers to the parole or community supervision compliance questions submitted online through YourTexasBenefits.com or the Your Texas Benefits mobile app when the person who has the felony drug conviction is the same person who:
    • signed the online application;
    • signed the renewal; or
    • submitted the change.

Verify subsequent felony drug convictions while receiving SNAP using:

  • criminal history in Data Broker;
  • an out-of-state human services agency; or
  • TIERS inquiry.

Medical Programs

Verify MAGI household composition, including a person’s tax status and tax relationships, using client statement unless questionable.

Related Policy

Prudent Person Principle, A-137
Questionable Information, C-920
Providing Verification, C-930

A-260, Documentation Requirements

Revision 24-3; Effective July 1, 2024

TANF and TP 08

Document the reason why people living in the home are not included on the EDG.

Refer to relationship, domicile and deprivation policy for other verification and documentation requirements.

TANF

Document:

  • the specific reason for designating a representative payee or protective payee;
  • the basis for giving separate household status to married minors;
  • the name and phone number of an out-of-state human services employee who provides information;
  • months of TANF cash assistance received in other states since October 1999 by an adult household member;
  • the household was informed of the one-time payment at application and if the caretaker requested it or declined it; and
  • a relative caring for a related dependent child or children receiving TANF was informed of One-Time TANF for Relatives at application or periodic review if the relative is potentially eligible and if they requested it or declined it.

SNAP

Document:

  • an explanation of the household composition;
  • the basis of granting separate household status;
  • the applicant’s or recipient's response to electronic data sources or other information in the case record and the reason the person disagrees with the information, if applicable;
  • the information from the county appraisal district (CAD) and the attempt to clear the discrepancy;
  • the reason for an OIG referral resulting from the Data Broker criminal history record for a felony drug conviction;
  • the result of OIG's findings;
  • the disqualification status of any disqualified household member;
  • the name and phone number of an out-of-state human services employee who provides verification;
  • the name of the household member currently disqualified for an intentional program violation (IPV) in another state; and
  • the number of any countable months of benefits received in another state as an able-bodied adult without dependents (ABAWD).

Related Policy

Documentation Requirements, A-540
Documentation Requirements, A-950
Disability Verification, A-1080
Disqualifying a Household Member with a Current SNAP Out-of-State IPV Disqualification, B-941
The Texas Works Documentation Guide (PDF)