NYS Increases Food Stamp Threshold for Child Care Households

August 13, 2009

Author: Cathy Roberts

Last year, as part of federal food stamp reauthorization, Congress removed the cap on the food stamp dependent care deduction - meaning that households can deduct the full amount of their out-of-pocket dependent care costs.  However, even with the cap removed, some households whose child care expenses leave them with incomes below the poverty level still couldn’t qualify for food stamps because their monthly gross income - before child care costs are factored in - exceeded 130% of the federal poverty level (FPL).

Empire Justice and other advocacy groups have been urging OTDA to take advantage of their option to expand categorical eligibility to this population by raising the gross income test for households with dependent care costs.  We were thrilled when former OTDA Commissioner David Hansell announced in his January 2009 human services budget hearing testimony that New York would be increasing “the gross income ceiling from 130 to 200 percent of poverty for households with out-of-pocket child and dependent care costs.  Because of changes made in the Farm Bill, we can now extend eligibility to thousands of families with high child care or dependent care expenses.” 

This policy change became effective March 1, 2009, and was formally implemented through 09 ADM-06 (“Expansion of Categorical Eligibility for Food Stamps for Households with Out-of pocket Dependent Care Expenses”), which you can get  on the Online Resource Center at http://onlineresources.wnylc.net/pb/docs/09-adm-06.pdf

To help get the word out about the increased eligibility levels for households with child care costs, the Empire Justice Center has developed a handy client brochure which is available at http://www.empirejustice.org/assets/pdf/issue-areas/child-care/fs-child-care-brochure.pdf  Please feel free to download and distribute copies of the brochure so that we reach as many eligible families as possible.  The brochure is also available in a Spanish language version at: http://www.empirejustice.org/issue-areas/child-care/eligibility-levels/food-stamp-eligibility.html