A-1360, Determining Countable Income in Special Household Situations

Revision 15-4; Effective October 1, 2015

A—1361 Alien Sponsor's Income

Revision 21-1; Effective January 1, 2021

TANF, SNAP, TP 07, TP 08, TP 20, TP 40, TP 43, TP 44, TP 48, TP 56, TP 70, TA 84 and TA 85

Count the income of the alien's sponsor and the sponsor's spouse (if the spouse also signed an affidavit of support).

Do not apply this policy to sponsored aliens who:

• are children under 18;
• are ineligible for benefits. Examples include those who are disqualified from getting benefits or those considered non-members, such as students who do not meet SNAP student eligibility criteria);
• have become naturalized U.S. citizens;
• have 40 quarters of work history or can receive credit for 40 quarters of work;
• have a deceased sponsor;
• have a sponsor who is a member of the alien’s household or Modified Adjusted Gross Income (MAGI) household composition;
• are refugees, parolees, asylum grantees, Amerasians, victims of severe trafficking or Cuban or Haitian entrants;
• are indigent. Use this exception only if the alien does not meet one of the other exceptions noted in this list. Deem only the amount the sponsor will give the alien for a 12-month period starting the month of the indigence determination. Each determination is renewable for an additional 12-month period;
• are battered alien spouses of U.S. citizens or of legal permanent residents, children of battered aliens, or parents of battered children, if:
  • HHSC determines the battery is substantially related to the need for benefits; and
  • the battered person does not live with the batterer.

Do not deem the sponsor's income for 12 months for battered aliens, starting the month the alien is certified for any benefit. Do not assign a new 12-month period if the alien reapplies after a denial of benefits. After the first 12 months, continue exempting the sponsor's income from deeming if:

• a court or the U.S. Citizenship and Immigration Services (USCIS) recognize the battery;
• HHSC determines the battery has a substantial connection to the need for benefits; and
• the alien does not live with the batterer.

Use the following list of circumstances as a guide in making the substantial connection between the battery and the need for benefits. Determine if the battered alien needs the benefits:

• to become self-sufficient after leaving the abuser;
• to escape the abuser, the community or both in which the abuser lives;
• to ensure the battered alien's safety;
• to replace financial support lost as a result of the separation from the abuser;
• because of the loss of a job or reduced earnings resulting from the battery or cruelty;
• because the battered alien needs medical attention or mental health counseling or now has a disability due to the battery;
• because the battered alien lost the home, and the separation from the abuser jeopardizes the battered alien's ability to care for the children;
• to reduce nutritional risks;
• to get medical care for a pregnancy resulting from sexual assault or abuse; or
• to replace medical coverage or health care services.

Each time a determination of indigence is made, send a memo with the name, address, Social Security number, and date of birth of both the indigent alien and the indigent alien's sponsor, to the Access and Eligibility Services (AES) Program Policy mailbox. Before sending the memo, explain to the sponsored alien that federal regulations require state offices to report the sponsor to the USCIS for failure to give support as required on the sponsor affidavit. Allow the sponsored alien to choose to have the sponsor's income deemed if the alien does not want state office to send this report.

TANF, TP 07, TP 08, TP 20, TP 40, TP 43, TP 44, TP 48, TP 56, TP 70, TA 84 and TA 85

This policy does not apply to:

• sponsored aliens whose sponsors get TANF or SSI; or
• the dependent child of a sponsor or sponsor's spouse.

TP 43, TP 44 and TP 48

When determining eligibility for a child whose parent is a sponsored alien and a required member of the budget group, do not count the income of the parent’s sponsor.

SNAP

This policy does not apply to:

• sponsored aliens whose sponsors get SNAP as a member of the same household; or
• organizations or groups that sponsor aliens.

A—1361.1 Budgeting the Individual Sponsor's Income

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

Consider all of the sponsor's gross countable income as available to the alien's household, minus only the following deductions:

• The lesser of:
  • 20 percent of the total gross monthly earned income (including net self-employment earned income); or
  • $175.
• The budgetary needs (100 percent) figure of a one- or two-parent caretaker TANF EDG for the sponsor's family size. For Medical Programs, use the appropriate income limits figure for the sponsor's family size. Include all members of the household whom the sponsor claims or could claim as tax dependents. Note: For TANF, see A-1424, Diversions, Alimony, and Payments to Dependents Outside the Home, to determine:
  • whether to use the needs allowance of an adult or a child; or
  • the needs amount for more than two adults.
• The total amount the sponsor pays to a claimed tax dependent living outside the home.
• Total alimony or child support the sponsor pays to persons living outside the home.

Count the remaining amount as unearned income for the alien.

SNAP

Consider all of the sponsor's gross countable income as available to the alien's household, minus only the following deductions:

• 20 percent of the sponsor's total monthly gross earned income (including net self-employment earned income).
• An amount equal to the gross income limit for a household including the sponsor, the spouse, and any others claimed or who could be claimed as tax dependents (even if living outside the home). Do not include people who live with the sponsor but cannot be claimed as tax dependents.

Compare the computed countable income with the actual contributions that the alien received from the sponsor and spouse.

Budget the higher of the two amounts as unearned income to determine the alien's eligibility and benefits.

A—1361.2 Prorating the Sponsor's Income

Revision 01-7; Effective October 1, 2001

All Programs

If several aliens are sponsored, prorate the remaining income evenly among all the aliens who apply for or receive benefits.

A—1361.3 Budgeting the Organization Sponsor's Income

Revision 01-7; Effective October 1, 2001

TANF

An alien sponsored by an organization is not eligible for TANF unless the alien:

• can prove the organization no longer exists; or
• provides income and resource information for the organization.

If the alien provides income and resource information, contact Texas Works Policy Section, state office, for special budgeting procedures.

A—1362 Disqualified Members

Revision 16-2; Effective April 1, 2016

TANF

The income of a disqualified legal parent, including a disqualified second parent, is counted. Procedures in A-1362.1, TANF — Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits, or A-1362.2, TANF — Budgeting for a Household Member Disqualified for Noncompliance with SSN, TPR, Failure to Timely Report a Certified Child's Temporary Absence, Intentional Program Violation, Being a Fugitive or a Felony Drug Conviction, apply.

The income of a disqualified child who is a required member of the certified group is counted. Procedures in A-1362.2 apply.

The income of other noncertified children is not counted.

SNAP

All income, except a prorated portion, is counted for a person disqualified for one of the following reasons:

• The applicant failed to provide or apply for a Social Security number.
• The applicant is an ineligible alien (including an alien awaiting sponsor information or proof of sponsor information).
• The applicant is waiting for verification of a questionable claim of U.S. citizenship.
• An able-bodied adult without dependents (ABAWD) has received the maximum months of benefits without meeting the SNAP ABAWD work requirement.

All income, unless otherwise exempt, is counted for a member disqualified for:

• intentional program violation;
• Employment and Training (E&T) noncompliance;
• felony drug convictions; or
• being a fugitive.

Disqualified people are considered household members although they are not allowed to participate.

Medical Programs

Calculate the MAGI household income for each individual applying for Medical Programs using the steps explained in A-1341, Income Limits and Eligibility Tests, Medical Programs.

A—1362.1 TANF – Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits

Revision 15-4; Effective October 1, 2015

TANF

For EDGs with a legal parent who is disqualified for one of the reasons above and who has income, advisors should follow the budgeting process below to determine the amount of the legal parent's income to count against the needs of the remaining certified group before applying the two needs tests.

1. Determine the legal parent's countable monthly gross earned income.
2. Subtract the standard $120 work-related expense deduction from earned income.
3. Add the disqualified parent's unearned income to the net earned amount and subtract the following three amounts:
   • The monthly amount the parent actually pays to a person living outside the home whom the parent can claim as a tax dependent or is legally obligated to support.
   • The monthly amount of alimony and child support payments the parent actually makes to persons outside the home.

   • The budgetary needs amount for the parent and other noncertified members in the home whom the parent can claim as tax dependents or is legally obligated to support (including SSI recipients). Use the needs figure applicable to the number of noncertified members (including the parent with income). Note: See A-1424, Diversions, Alimony, and Payments to Dependents Outside the Home, to determine:

     • whether to use the needs allowance of an adult or a child, or
     • the needs amount for more than two adults.

     
     Exception: Do not include the needs of a dependent who is disqualified for a reason other than citizenship.

4. Count the remaining income against the needs of the certified group.

Note: If a noncertified stepparent with income also lives in the home, complete the steps in A-1366.2, Stepparent Budgeting Procedures, before completing this process.

A—1362.2 TANF - Budgeting for a Household Member Disqualified for Noncompliance with SSN, TPR, Failure to Timely Report a Certified Child's Temporary Absence, Intentional Program Violation, Being a Fugitive or a Felony Drug Conviction

Revision 15-4; Effective October 1, 2015

TANF

The same budgeting procedures used for a certified household member are used for TANF, except the needs of the disqualified member are not included.

Exception: If the household member is not a required member of the certified group, the non-required member’s needs are removed. Additionally, the non-required member’s income and resources do not count against the remaining members of the certified group.

If the member has expenses for which income must be diverted, the policy in A-1424, Diversions, Alimony, and Payments to Dependents Outside the Home, should be followed.

A—1362.3 SNAP - Budgeting for Members Disqualified for Citizenship, SNAP ABAWD Work Requirement or Noncompliance with Social Security Number Requirements

Revision 20-3; Effective July 1, 2020

SNAP

All of the disqualified person's countable income should be totaled.

Notes:

• Income of an alien's sponsor is not applied to a sponsored alien who is disqualified.
• If a disqualified member receives TANF, the disqualified member's pro rata share of the TANF grant is counted, and each TANF recipient's portion of the grant is entered as TANF income.
• The disqualified person's countable income is divided by the number of household members, including the disqualified member. This determines the pro rata share of income.
• All pro rata shares of income are counted, except those of a disqualified member(s).

Earned Income Deduction — The EID is deducted from the part of the disqualified member's earned income that is counted in the household.

Standard Deduction — The appropriate standard deduction amount is applied only for eligible household members.

Dependent Care, Child Support Expense, Shelter Expense and Homeless Shelter Standard Deductions — These expenses billed to or paid by the disqualified member are divided equally among all SNAP household members, including the disqualified member. All pro rata shares are included in the household budget, except those of disqualified members. The allowable pro rata share is entered under an eligible SNAP household member.

Note: If only the disqualified member has income, the expenses must be considered to be paid by that member.

Utility or Telephone Deductions — The appropriate utility or telephone standard is allowed. Utility or telephone deductions are not prorated.

Medical Deduction — The actual medical expense or the standard medical deduction is prorated among all household members, and the pro rata share for a disqualified member’s medical bills (including situations in which the disqualified member is billed for or pays the medical bills of a remaining eligible household member) is not allowed.

Note: If only the disqualified member has income, the expenses must be considered to be paid by that member.

Income Test and Household Size — The disqualified member is not included in determining the household income limits or the amount of the household's allotment.

Example of Procedures for Budgeting TANF Income of Households with Members Disqualified for Citizenship or Alien Status Who Are Eligible for TANF but Not SNAP

A household consists of a husband and wife and their four children. The husband and wife are lawful permanent residents, and their four children are U.S. citizens. The husband is unemployed, and the household receives a TANF-State Program grant of $294. Both the husband and wife are eligible for TANF but are disqualified aliens for SNAP.

For TANF and SNAP EDGs, TIERS will automatically prorate the TANF income for the SNAP budget, using the following formula.

A—1362.4 SNAP — Budgeting for Persons Disqualified for Intentional Program Violations, SNAP Employment Services Noncompliances, Felony Drug Convictions or Being a Fugitive

Revision 15-4; Effective October 1, 2015

SNAP

Income — All income of a disqualified member counts unless it is otherwise exempt.

Income Deductions — All income deductions and expenses of a disqualified member are allowed.

Standard Deduction — The disqualified member is not included in the household size when applying the standard deduction.

Shelter/Medical Deductions — Appropriate shelter and medical deductions are allowed even if the disqualified person is the only elderly person or person with disabilities in the household.

Although the household can receive uncapped shelter deductions, the household must still pass both the gross and net income tests if the disqualified person was the only elderly member or member with disabilities in the household.

Income Test and Household Size — The disqualified member is not included in determining the household income limits or the amount of the household's allotment. 

A—1363 Diverting Income

Revision 22-1; Effective January 1, 2022

TANF

Divert income if a caretaker, second parent, minor parent or married minor has countable income and:

• pays alimony or child support to people outside the home;
• makes payments to people outside the home who the person can claim as tax dependents or has a legal obligation to support; or
• there are noncertified people living in the home who the person can claim as tax dependents or has a legal obligation to support, including SSI recipients and children receiving SSI Medicaid.

Also divert income if a noncertified stepparent lives in the home and:

• only the legal parent has income; or 
• they both have income and the stepparent's income does not meet all of the stepparent’s and the noncertified dependent's needs. 

If both the stepparent and legal parent have income, follow the stepparent budgeting procedures before completing this process.

Line 1 – Payments to Dependents Outside Home — The actual amount of any payments made to people living outside the home who the parent or non-certified stepparent can claim as tax dependents or is legally obligated to support.

Line 2 – Alimony and Child Support Payments — The actual amount of alimony or child support payments the parent or noncertified stepparent makes to people outside the home.

Line 3 – 100 Percent Needs Amount — The budgetary (100 percent) needs figure for all noncertified members in the home who the legal parent or noncertified stepparent can claim as tax dependents or is legally obligated to support including SSI recipients. Exclude the needs of a parent or dependent who is disqualified for a reason other than citizenship, or immigration status, state time limits or the unmarried minor parent domicile requirement. Use the single parent caretaker needs figure if there is a noncertified stepparent in the home, or a second legal parent in the home who receives SSI or is disqualified for citizenship or immigration status, state time limits or noncompliance with the unmarried minor parent domicile requirement. Follow policy for diversions, alimony and payments to dependents outside the home to determine:

• whether to use the needs allowance of an adult or a child; or
• the needs amount for more than two adults.

Line 4 – Maximum Amount to Be Diverted — The total of lines 1, 2 and 3 except if following stepparent budgeting procedures. This is the maximum amount of diversions that can be deducted from the person’s total income. The actual amount diverted in any needs test may be less, since the diverted amount cannot exceed the person’s total income and be deducted from income of another household member unless they will be filing a joint income tax return, or they are married.
TIERS will complete this process based on the entries on the Relationship page.

Related Policy 

Stepparent Budgeting Procedures, A-1366.2
Diversions, Alimony, and Payments to Dependents Outside the Home, A-1424 

A—1364 Migrant Farm Workers in the Workstream

Revision 02-3; Effective April 1, 2002

SNAP

Migrant farm workers are people who have moved into a county looking for work cultivating crops, canning, or packing. The household must include at least one migrant farm worker to be classified as a migrant household. 

A—1364.1 Guidelines for Determining Income of Migrant Workers

Revision 15-4; Effective October 1, 2015

All Programs

• Income should not be anticipated merely because there is work available in the area.
• Everyone in an area may not be employed, even if work is available.
• Future income counts only when the amount and month of receipt is known.
• The effect of future migrations must be considered since these migrations might interrupt the expected income.
• The grower, not the crew chief, is considered as the source of income.
• Travel advances and wage advances must be distinguished. If a travel advance is a reimbursement for travel expenses, the advance does not count as income. Wage advances for travel expenses count as income if the migrant worker has a written contract from the prospective employer that states the travel advance is a wage advance that will be deducted from wages earned later.
• The income of a student under age 18 must be separated from the rest of the migrant household's income. If the student's earnings or amount of work performed cannot be distinguished from that of other household members, the total income is divided equally among the working members, and the child's share is excluded. 

A—1365 Unmarried Minor Parent Income

Revision 15-4; Effective October 1, 2015

TANF

The following steps should be followed when determining eligibility for households with an unmarried minor parent.

Note: Minor parent budgeting procedures are not used when determining eligibility for married minor parents.

Determine which of the following situations describes the household:

1. Situation	Household Composition
   A	minor parent minor parent's child deprived due to absence minor parent's legal parent(s) minor parent's minor siblings
   B	minor parent minor parent's child deprived due to absence minor parent's legal parent and stepparent minor parent's minor siblings
   C	minor parent minor parent's child deprived due to absence minor parent's legal parent and stepparent minor parent's minor siblings minor parent's legal parent's and stepparent's mutual child
   D	minor parent legal parent of minor parent's child (not married to minor parent) minor parent's mutual child minor parent's legal parent(s) minor parent 's minor siblings
   E	minor parent legal parent of minor parent's child (not married to minor parent) minor parent's mutual child minor parent's child deprived due to absence minor parent's legal parent(s) minor parent's minor siblings

2. If the household situation is described in situation …	and the legal parent's choice to apply for TANF is …	include in the certified group …	using these budgeting procedures …
   A minor parent minor parent's child deprived due to absence minor parent's legal parent(s) minor parent's minor siblings	yes,	all household members. Include the minor parent's child if the caretaker or payee requests that the child be certified. Treat the minor parent as a child.	count income according to TANF guidelines for exempt and countable income. If the household is ineligible, process the minor parent's application using "A" "no" if the minor parent wants to apply.
   -	no,	the minor parent and minor parent's child deprived due to absence.	apply the legal parent's income using stepparent budgeting procedures (divert for the legal parent's and siblings' needs). Treat the minor parent's income according to adult caretaker policies.
   B minor parent minor parent's child deprived due to absence minor parent's legal parent and stepparent minor parent's minor siblings	yes,	all members except the stepparent. Also include the stepparent if the legal parent is incapacitated (A-221, Who Is Included, No. 7). Include the minor parent's child if the caretaker or payee requests that the child be certified. Treat the minor parent as a child.	apply the stepparent's income if the stepparent is not included in the EDG. Follow the budgeting procedures in A-1366, Stepparent EDGs. If the household is ineligible, process the minor parent's application using "B" "no" if the minor parent wants to apply.
   -	no,	the minor parent and minor parent's child deprived due to absence.	apply the minor parent's legal parent's income using stepparent budgeting procedures (divert for the needs of the legal parent, stepparent, and siblings). Do not count the stepparent's income. Treat the minor parent's income according to adult caretaker policies.
   C minor parent minor parent's child deprived due to absence minor parent's legal parent and stepparent minor parent's minor siblings minor parent's legal parent's and stepparent's mutual child	yes,	all household members. Include the minor parent's child if the caretaker or payee requests that the child be certified. Treat the minor parent as a child.	count income according to TANF or TANF-State Program guidelines for exempt and countable income. If the household is ineligible, process the minor parent's application using "C" "no" if the minor parent wants to apply.
   -	no,	the minor parent and minor parent's child deprived due to absence.	follow the budgeting procedures in "B" "no" (also divert for the legal parent's and stepparent's mutual child).
   D minor parent legal parent of minor parent's child (not married to minor parent) minor parent's mutual child minor parent's legal parent(s) minor parent's minor siblings	yes,	all household members except the other parent of the minor parent's mutual child. Include the minor parent's child if the caretaker or payee requests that the child be certified. Treat the minor parent as a child.	apply the income of the minor parent's child's noncertified other parent using stepparent budgeting procedures (divert for the needs of the other parent; also, divert for the other parent's mutual child's needs if the child is not included in the grant). If the household is ineligible, process the minor parent's application using "D" "no" if the minor parent wants to apply.
   -	no,	the minor parent, minor parent's mutual child, and the other parent of the minor parent's mutual child.	apply the minor parent's legal parent’ s income using stepparent budgeting procedures (divert for the legal parent’s and the siblings’ needs). Treat the minor parent's and second parent's income according to adult caretaker policies.
   E minor parent legal parent of minor parent's child (not married to minor parent) minor parent's mutual child minor parent's child deprived due to absence minor parent's legal parent(s) minor parent's minor siblings	yes,	the same household composition policies as "D" "yes."	follow the budgeting procedures in "D" "yes." If the household is ineligible, process the minor parent's application using "E" "no" if the minor parent wants to apply.
   -	no,	the minor parent, minor parent's mutual child, and the other parent of the minor parent's mutual child. Also, include the minor parent's child deprived due to absence.	follow the budgeting procedures in "D" "No."

Notes:

• If the minor parent lives with both parents, allow the caretaker EDG with second parent needs figure when diverting their income.
• If the income of the minor parent's parent is diverted, do not count their resources. Refer to A-1247, Resources of Stepparents, for stepparents.
• When the parents of the minor parent apply for TANF and the diverted amount from the minor parent's stepparent is a negative number, divert the remaining amount from the minor parent's legal parent's income.
• Do not carry over any remaining diversion amount to other household members' income. 

A—1366 Stepparent EDGs

Revision 15-4; Effective October 1, 2015

TANF

A stepparent's income is always considered when determining financial eligibility for the certified group.

Stepparent budgeting procedures are used when a minor parent and the minor parent’s children living with the minor parent's parent are applying for TANF and they meet the criteria in A-221, Who Is Included, No. 6.

If the legal parent and stepparent live in the home and have mutual children, the household members cannot be separated. Both parents' income is budgeted using legal parent budgeting procedures.

Related Policy

New TANF Spouse's Earnings, A-1368 

A—1366.1 How to Determine Budgeting Procedures in Stepparent EDGs

Revision 15-4; Effective October 1, 2015

TANF

The stepparent is included in the grant only if the stepparent wants to be included and:

• the stepparent is the only parent in the home, or
• both the legal parent and stepparent are in the home and the legal parent has a disability (according to procedures in A-1050, Deprivation Based on Incapacity).

If the stepparent is included in the grant, the stepparent's income and resources count as a legal parent's would be counted. The usual earned income deductions are allowed.

If the stepparent is not included in the grant, the stepparent's income is budgeted using the stepparent budgeting procedures in A-1366.2, Stepparent Budgeting Procedures, to determine the amount of monthly income to be applied to the certified group. These budgeting procedures should be followed even if the stepparent does not meet TANF citizenship requirements. 

A—1366.2 Stepparent Budgeting Procedures

Revision 15-4; Effective October 1, 2015

TANF

The amount of the stepparent's income that is counted to meet the certified group's needs must be determined before applying either needs test, using the following process:

1. Total the stepparent's countable gross earned income.
2. Deduct the stepparent's work-related expenses ($120).
3. Add the stepparent's unearned income to the net earned amount.
4. Deduct the stepparent's actual support payments for tax dependents outside the home and monthly expenses for alimony or child support. Deduct an amount equal to the budgetary needs (100 percent) of a single parent caretaker EDG for the stepparent and the stepparent's noncertified tax dependents living in the home (do not include the needs of a dependent that is disqualified for a reason other than citizenship).
   
   Note: See A-1424, Diversions, Alimony, and Payments to Dependents Outside the Home, to determine:
   • whether to use the needs allowance of an adult or a child, or
   • the needs amount for more than two adults.
5. Apply the stepparent's remaining income to the certified group as unearned income.

Notes:

• Count the stepparent's applied income only from the date of marriage.
• Use stepparent budgeting procedures when a minor parent and the minor parent's children living with the minor parent's parent are applying for TANF and they meet the criteria in A-221, Who Is Included, No. 6.

See A-1363, Diverting Income, for the budgeting process when only the legal parent has income or the legal parent and stepparent have income. 

A—1366.3 Budgeting Procedures in Stepparent EDGs When Both Parents Have Eligible Children for Whom They Want to Apply

Revision 15-4; Effective October 1, 2015

TANF

The following steps are used to determine eligibility and benefits for TANF:

1. Test eligibility for each parent's EDG individually as separate cases. Consider only the income and circumstances of the caretaker and children for whom the caretaker is applying. Do not apply the stepparent's income in this initial step.
2. If both applicants are eligible, work the TANF as separate cases for each EDG group. Do not divert or apply income from either parent.
3. If both EDGs are ineligible, deny them both.
4. If one EDG is ineligible and the other eligible, deny the ineligible EDG and rebudget the eligible EDG. Consider the ineligible parent a stepparent and apply the ineligible parent's income using stepparent budgeting procedures.

Notes:

• Divert income for an ineligible child from only one parent when budgeting for step 1 and step 3. Divert income from both parents for the same child only when they will be filing a joint tax return or they are married.
• If the household includes eligible mutual children, the household members cannot be separated. Budget both parents' income using legal parent budgeting procedures. 

A—1367 Strikers

Revision 15-4; Effective October 1, 2015

All Programs

A striker is anyone who participates with one or more other employees in a work slow-down or stoppage. This includes a stoppage resulting from the expiration of a collective bargaining agreement.

A striker's status ends only when the striker returns to the job, retires, quits, is locked out, or is fired, regardless of the length of the strike.

A person is not a striker if the person is:

• exempt from work registration on the day before the strike for any reason other than employment;
• not participating in the strike, but cannot work because of the strike;
• afraid to cross the picket line because of threatened harm; or
• locked out of the job by an employer, including an individual who was on strike before the lock-out. 

A—1367.1 Eligibility of Strikers

Revision 15-4; Effective October 1, 2015

TANF, TP 08 and TA 31

A family is not eligible for TANF, TP 08 and TA 31 for any month in which the caretaker or second parent is participating in a strike.

SNAP

A household with a striker is ineligible for SNAP unless the household:

• was eligible immediately before the strike; and
• is still eligible.

Pre-Strike Eligibility

The income of all household members (including the striker) is used as of the day before the strike. If the household is ineligible, the household is denied.

If the household was eligible before the strike, current eligibility should be computed.

Current Eligibility

1. The striker's income on the day before the strike should be compared with the striker's current income (including union benefits and part-time jobs). The higher of the two incomes counts.
2. The striker's income is added to the current income of other household members.
   
   If the household is not currently eligible, the household is denied.
   
   If the household is eligible based on both current and pre-strike income, the household is eligible if it meets all other eligibility criteria. Other eligibility criteria are considered the same as income. The household must be eligible currently and before the strike.

TP 40, TP 43, TP 44, TP 48, TP 33, TP 34, TP 35 and TP 36

This policy is not applicable to these programs. 

A—1368 New TANF Spouse's Earnings

Revision 15-4; Effective October 1, 2015

TANF

The earnings of a TANF recipient's new spouse are excluded for six months, beginning the month after the date of the marriage if the total gross income of the budget group does not exceed 200 percent FPIL for the family size. This applies to both ceremonial and common law marriages.

The following individuals are included in the budget group:

• the caretaker or payee of the TANF-certified group;
• the new spouse of the TANF caretaker or payee;
• each dependent of the TANF caretaker or payee and the new spouse who meets the TANF age and relationship requirements and lives in the household; and
• anyone who would be a required member if not disqualified or ineligible such as an SSI recipient or ineligible alien.

If the household fails to provide verification of the marriage, the income exclusion is not allowed. The amounts previously excluded count after six months.