Food Stamp News Briefs - December 2008

December 1, 2008

Standard Utility Allowances to Increase

The Northeast Region of the Food and Nutrition Service of USDA has granted the request of New York’s Office of Temporary and Disability Assistance for an increase in the state’s standard utility allowances used to calculate the monthly food stamp benefits of recipient households.  The increase is substantial.  Beginning on February 1, 2009, the standard utility allowances for New York City, Long Island and the rest of the state will be as follows:

USDA Lifts 50 Percent Cap on Face-to-Face Interview Waivers

Having determined that there is no decrease in payment accuracy in the case of households who had the face-to-face interview requirement of the food stamp program waived, USDA has informed the states that they are no longer required to limit their use of categorical waivers to no more than 50 percent of the caseload.  Categorical waivers allow the state to waive in person interviews for categories of the population without having to document hardship in each individual case files.  In its memo lifting the cap, USDA notes that “...as low income households are being severely impacted by the rising cost of transportation, waiving the face-to-face interview for a State’s entire caseload at initial certification could significantly improve the ability of households to completer the application process.  On a statewide basis, New York already waives the face-to-face interview requirement upon request for elderly and disabled applicants and is in the process of a state wide waiver for working families.

States are reminded that if a household or its authorized representative makes a request for an in person rather than telephonic interview, it must be granted. 

The telephone allowance for individuals who have no domestic utility or heating costs and do not live in HEAP eligible housing remains $33.

These increases are substantial, from slightly more than $200 a month for HEAP eligible households (now the overwhelming majority of food stamp recipients) in New York City to about $170 for HEAP households in the rest of the state.  The primary beneficiaries will be food stamp households with an elderly or disabled member because their shelter deduction, of which the SUA is a component, is uncapped.  Other food stamp households will see an increase in benefits only if their total excess shelter deduction is not already at the maximum of $446 a month.  The excess shelter deduction is the amount by which total shelter costs exceed fifty percent of a household’s adjusted income.

USDA Memo Regarding Income Verification by Undocumented Immigrants

In response to a question raised by the Mid-Atlantic Region concerning Virginia’s practice of denying food stamp benefits to households where there are discrepancies between a household member’s name and the name and social security number on the paystub submitted to verify earnings, USDA has stated that such a practice conflicts with federal food stamp regulations.  USDA reminds USDA’s Regional Directors that that the integrity of the food stamp program is best served by encouraging people to fully report their income and to document that income by the best means available.  Inasmuch as the paystub is not being offered to prove identity or provide a Social Security number, the household member should be given the opportunity to attest to the accuracy of the earnings.

These situations arise of course when the household’s wage earner is an immigrant who is not authorized to work.  He or she will also be ineligible to receive food stamp benefits. Nevertheless, as a parent of eligible household members, his or her wages count in determining the grant of the eligible household members.  To refuse to accept wage information with discrepant information that is otherwise reliable evidence of actual earnings would be to create a barrier on the ability of eligible household members, usually the U.S. citizen children, to obtain benefits to which they are otherwise entitled.  In past guidance issued by federal agencies about this issue, states were advised that such application barriers violate the civil rights of the children.

Importantly, the USDA memo emphasizes that states have no authority to report or disclose information obtained from a household member in connection with a food stamp application to any person not connected with the administration of the food stamp program.  Thus the question raised by Virginia about reporting households who provide pay stubs with discrepant information to the state’s attorney is answered by a resounding “NO”. 

OTDA Issues ADM on Farm Bill Reauthorization Changes

On October 29, 2008, OTDA issued its policy memo outlining the changes to the food stamp program made through the 2008 Farm Bill reauthorization.  Most of these changes have already been put into place and include, among others, the increase to the standard deduction, the lifting of the cap on the dependent care deduction and the indexing of resource limits.  Here is the link to the ADM: www.otda.state.ny.us/main/directives/2008/ADM/08-ADM-09.pdf.

Questions??

If you have questions about this article or any other food stamp related issues, you can contact Cathy Roberts (croberts@empirejustice.org) or Barbara Weiner (bweiner@empirejustice.org) at the Empire Justice Center or give them a call at 518-462-6831.