A—231 Who Is Included
Revision 16-4; Effective October 1, 2016
The following people must be certified as a Supplemental Nutrition Assistance Program (SNAP) household if they live together:
- Parents and children (natural, adopted or step) age 21 or younger. Parents and children living together when the parent or child is away from home for employment or educational purposes only, and returns home at least one day a month are considered. This includes college students who are eligible for SNAP, as explained in B-410, Students in Higher Education.
- Consider the individual’s age as 22 beginning the month they turn age 22.
- Do not consider a parent whose parental rights were terminated as the natural parent of a child.
- 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 as long as both parents do not apply. If both parents apply, then certify the parent who provides the majority of meals for the child.
- A child under age 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. Individuals age 18 are considered beginning the month they turn age 18.
Exceptions: Even if under parental control of a nonparent household member:
- A foster parent or caregiver has the option to include or exclude a foster/Permanency Care Assistance (PCA) child/adult as a household member in the SNAP-certified group. Households with more than one child/adult can opt to include some foster/PCA children/adults while excluding others, even if the foster/PCA children/adults are related to each other or related to the foster parent or caregiver. A foster/PCA child/adult who is excluded from the foster/PCA family's SNAP-certified group is not eligible to participate in SNAP alone as a separate household or as a certified member on another household's SNAP EDG. See A-1326.4, Foster Care and Permanency Care Assistance (PCA) Payments, for information on how to budget foster care/PCA payments.
- The household may consider a foster child as a boarder instead of a household member. See A-1323.4.3, Noncommercial Roomer/Boarder Payments.
- A child under age 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 age 18 residing with a SNAP-CAP participant can apply separately. The minor child is certified as the SNAP head of household. See B-475.3, Household Composition.
- Spouses. Spouses are people who:
- are married to each other; or
- live together and represent themselves to the community as married. This definition may differ from state laws governing common-law marriage.
- A same-sex marriage that occurred before June 26, 2015, is considered valid effective June 26, 2015.
- A same-sex marriage that occurred on or after June 26, 2015, is considered valid on the date it occurred.
Note: Spouses are considered to be living together even when one spouse:
- is away from home for employment or educational purposes only; and
- returns home at least one day a month.
Exception: SNAP-CAP participants are certified on separate EDGs.
A—232 Who Is Not Included
Revision 15-4; Effective October 1, 2015
Revision 16-3; Effective July 1, 2016
The following are not included in a Supplemental Nutrition Assistance Program (SNAP)-certified group:
- Roomers — A roomer who pays for lodging but not food as a separate household is certified unless the individual meets one of the three categories in A-231, Who Is Included.
- Live-in attendants — A live-in attendant is certified as a separate household unless the individual meets one of the three categories in A-231.
- Boarders — Boarders in noncommercial boarding houses cannot receive SNAP separate from the household they are living with. Boarders who live in a commercial boarding house cannot participate in SNAP. See A-1323.4.3, Noncommercial Roomer/Boarder Payments.
Note: The household has the option to include or exclude a foster child/adult as a household member in the SNAP-certified group.
- Ineligible students — These are students who do not meet the student criteria in B-410,Students in Higher Education.
- Institutional residents — Residents who are offered more than half their meals from an institution that is not an approved institution. (See examples of approved institutions in the note below).
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 the majority of meals are provided.
Some foster children/adults are placed by foster placement agencies in homes or facilities other than a foster parent home and are cared for by individuals who are employees of, or contract with, placement agencies. There usually are multiple foster children/adults residing in such facilities. Foster children/adults who reside at these facilities or locations instead of at the foster parent’s home address are considered institutionalized and cannot receive SNAP.
Note: Residents of approved institutions can receive SNAP as explained in A-116.2, Applications from Residents of a Homeless Shelter; B-440, Drug and Alcohol Treatment (D&A)/Group Living Arrangement (GLA) Facilities; B-450, Residents in Family Violence Shelters.
Residents of a homeless shelter, drug and alcohol treatment center, or a shelter for battered persons can apply and be certified separately, regardless of how they purchase and prepare meals with other residents. The SNAP household would consist of the mandatory household members found in A-231, Who Is Included.
- New household members who are certified in another household. These people are not added to the new EDG until they are removed from the old one. Exception: Residents in shelters for battered persons may receive two allotments in one month if the original benefits were issued to the former household that included the woman and children and the abusive person. See B-454, Participation Twice in Same Month.
- Supplemental Nutrition Assistance Program Combined Application Project (SNAP-CAP) participants. Household members are certified separately from an active SNAP-CAP participant. See B-475.3, Household Composition.
A—232.2 Disqualified Persons
Revision 20-4; Effective October 1, 2020
The following are people who would be required SNAP household members but are disqualified. They cannot participate during their period of disqualification. However, the disqualified person’s circumstances, including income and resources, are considered in determining the household's benefits.
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.
- People with a felony drug conviction
A person with a felony drug conviction (not deferred adjudication) in Texas or another state occurring on or after Sept. 1, 2015, 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
- A person who is convicted of a subsequent felony drug offense in Texas or another state, while receiving SNAP, incurs a permanent disqualification from receiving SNAP.
The person's statement is accepted as verification of a felony drug conviction.
When the criminal history report in the Data Broker system indicates the person was convicted on or after Sept. 1, 2015, for an offense involving a controlled substance, discuss the situation with the person. If they claim not to be the person indicated 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 (such as the type of conviction or whether it was a felony or misdemeanor):
- document the person's response in Case Comments;
- proceed with the appropriate case action without acting on the criminal history report;
- contact the OIG by emailing the OIG Benefits Program Integrity (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 this task must document the results of the OIG BPI's findings in Case Comments and, if applicable, enter information in the Data Collection-Individual Demographic-Conviction/Rehabilitation page. Make an overpayment referral if appropriate.
- Intentional Program Violation (IPV)
People disqualified for an IPV in Texas or another state.
- Noncooperation with SNAP Employment and Training (E&T)
People disqualified for failing to cooperate with E&T requirements.
- Noncooperation with Social Security number (SSN) requirements
People disqualified for failing to cooperate with SSN requirements.
- Ineligible Alien
People who do not have eligible alien status to receive benefits.
- SNAP Able Bodied Adult Without Dependents (ABAWD) Work Requirement
People who are age 18 up to age 50 (ABAWDs) who have received their initial three months of SNAP benefits and who do not meet the ABAWD work requirement.
Absence of Proof of Alien Status, A-313
Failure to Comply, A-420
Disqualified Members, A-1362
Noncooperation with E&T, A-1844
After the Three Months of Time-Limited SNAP Eligibility, A-1951
Filing an Overpayment Referral, B-770
IPV Disqualification Penalties, B-912