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NYS Implements Two Major Initiatives in January 2008 Improve Access to Food Stamps

February 1, 2008

Author: Cathy Roberts

Dawn Secor, Food Stamp Specialist

January 2008 ushered in two big changes to the Food Stamp Program in New York State – changes which improve access to food stamp benefits and simplify program administration. The first change, which expands categorical eligibility, eliminates the resource test for almost all food stamp households. The second, the Working Families Initiative, is designed to make it easier for low-income working families to access the Food Stamp Program. Both components were announced last year by Governor Spitzer as part of his initiative to improve food stamp access for working families.

Expanded Categorical Eligibility: Removing the Resource Test

In December 2007, the Office of Temporary and Disability Assistance (OTDA) released 07-ADM-09 to advise districts about the expansion of categorical eligibility for the Food Stamp Program (FSP). OTDA subsequently issued a Q&A informational letter, 08-INF-03, providing more nuts-and-bolts information on the details of expanded categorical eligibility.

1. Background

The theory behind categorical eligibility is that certain individuals who have already been found to be “needy” by other means-tested benefit programs should not have to re-verify their need for purposes of the Food Stamp Program.
SSI and cash assistance (TANF and Safety Net) recipients are categorically eligible for food stamps.
Categorically eligible individuals are not subject to:

The resource limit
The gross income test OR
The net income test.

States have the option of extending categorical eligibility status to other individuals who are receiving a benefit or service funded with TANF dollars.
States that adopt “expanded categorical eligibility” must

Choose which category(ies) of TANF-funded benefits/services to include; and
Set an income test at or below 200% FPL for the expanded categorical eligibility program.

2. When did expanded categorical eligibility begin in New York State?

New York State has adopted expanded categorical eligibility as of January 1, 2008.

3. What TANF-funded benefit/service is being used to grant expanded categorical eligibility status?

The TANF-funded service being used to expand categorical eligibility is a new brochure designed by OTDA entitled “Helping Hands.” This brochure, paid for with TANF funds, contains information on a range of programs available to assist households in need. (You can view the Helping Hands brochure in attachment A of 07 ADM-09.)
Every household applying for food stamps will get the Helping Hands brochure.

4. What is the income test for expanded categorical eligibility?

There are actually two different income tests – one for households without an elderly or disabled member and another for households with an elderly or disabled member.
Households who receive the Helping Hands brochure must meet one of the following income tests in order to be granted expanded categorical eligibility status:

Households without an elderly/disabled household member = 130% FPL. (Monthly gross income at or below 130% of the federal poverty level - the regular food stamp gross income test)
Households with an elderly/disabled household member = 200% FPL. (Monthly gross income at or below 200% of the federal poverty level)

5. Which households cannot be granted expanded categorical eligibility status?

Households which include a member disqualified from the Food Stamp Program due to an intentional program violation (IPV) or a sanction; and
Households that include a senior or disabled member, but do not meet the 200% gross income test.

These households are not categorically eligible for the Food Stamp Program. Households who are not categorically eligible can still qualify for food stamps, but they must be evaluated under regular food stamp rules (meaning that their resources will have to be considered).

6. How does expanded categorical eligibility affect income-eligible households?

• Households that are categorically eligible for the Food Stamp Program no longer have to meet a resource limit or the net income test. Resources no longer “count” when determining eligibility for ongoing food stamp benefits for categorically eligible households.
Expanded categorical eligibility does not change the expedited food stamp eligibility criteria; when conducting an expedited screening, districts will still need to consider a household’ s available resources.
Caseworkers will no longer need to verify resource information for almost all income-eligible households.
Households containing ineligible immigrants can still be categorically eligible for food stamps, but the ineligible immigrant cannot be included in the food stamp household. (In other words, expanded categorical eligibility doesn’t change the immigrant eligibility requirements or budgeting rules.) The same principle is true for households with ineligible college students.
Although the net income test doesn’t apply to categorically eligible households, not all categorically eligible households will be able to receive food stamps:

For households with 3 or more members – if the FS budget as calculated by the food stamp office (before any recoupment) yields a zero or negative monthly allotment, the household will NOT be eligible for food stamps.
For households with 1 or 2 members – the household will be eligible for the minimum FS benefit even if the FS budget yields a zero or negative allotment.

(Note: this is the same budgeting methodology as used for SSI and cash assistance recipients.)

LDSS eligibility workers are now required to include the Helping Hands brochure in each FS application packet.
In December 2007 all food stamp recipients received a copy of the Helping Hands brochure in the mail so that they could be conferred categorical eligibility status.

The Nutrition Consortium of NYS has developed a handy food stamp expanded categorical eligibility desk guide which you can access at their website at www.hungernys.org.
Expanded categorical eligibility should help not only working households, and the recently unemployed living off their savings, but also many elderly individuals and couples whose had previously been shut out of the Food Stamp Program because their resources were slightly higher than $3,000.

Working Families Food Stamp Initiative (WFFSI)

The Working Families Food Stamp Initiative (WFFSI) was implemented through administrative directive 07-ADM-10, released in December 2007. It is being rolled out in phases. The first stage began on January 1, 2008.

The major components of WFFSI are:

Removal of the finger imaging requirement outside of New York City;
Waiver of face-to-face interview at application and recertification;
Electronic facilitated food stamp application process (e-app); and
More flexible overpayment (claims) collection policy.

Who can participate in WFFSI?

Any NTA (non-temporary assistance) food stamp household is eligible for WFFSI if contains at least:

one adult member working 30 hours or more per week or earning an average of $175.50 or more per week ($175.50 = 30 hours of work at the federal minimum wage level, currently $5.85 per hour)

two adults each working 20 hours or more per week or earning an average of at least $117 per week (20 hours of work at the federal minimum wage)

WFSI screening requirement

In order to qualify for WFFSI, all applicants must be screened with a WFFSI Screening Sheet or an approved local process that is equivalent.
The earned income and work hour information listed on the household’s completed FS application form is used to assess the household’s eligibility for WFFSI. No additional verification is required to qualify a household for WFFSI.
The WFFSI Screening Sheet may be included in the FS application packet and the household may submit it with their application. However, households cannot be required to complete the screening sheet.
If the completed screening sheet indicates that a household meets the WFFSI criteria, that household is considered to be “presumptively eligible” for WFFSI. (Presumptive WFFSI eligibility means that the household can take advantage of the simplified WFFSI application procedures – it does not mean that the household is automatically eligible for food stamps.)
If the household completes the screening sheet, and there is a discrepancy between the information on the screening sheet and the information on the signed FS application, the FS application “trumps” – the LDSS will rely on the FS application to determine participation in WFFSI.
Households determined eligible for WFFSI may retain their WFFSI status during their entire certification period, even if their income status changes (ie, work hours are reduced or terminated). Districts should re-evaluate the household’s eligibility for WFFSI at the next recertification.

WFFSI simplification components

1. Removal of finger imaging requirement outside of NYC

As of January 1, 2008 all members of WFFSI households living in upstate counties and on Long Island are exempt from finger imaging requirements. (Remember that many adults in non-WFFSI households may be eligible for a waiver of the finger imaging requirements in accordance with their local district’s finger imaging plan.)
In New York City, WFFSI households will still be subject to finger imaging. However, the Human Resources Administration (HRA) is increasing the number of locations and available hours of finger imaging sites in order to make it easier for WFFSI households to comply with the finger imaging requirement. OTDA and HRA are expected to reassess the finger imaging component of WFFSI during the summer of 2008.

2. Waiver of face-to-face interview

Eventually, all WFFSI households across the state will have their certification interviews conducted by telephone at application and recertification. (They will still have the right to request a face-to-face interview.)
Because the telephone recertification pilot project has not yet been rolled out statewide, and many districts haven’t been trained on the telephone interview process, OTDA is currently NOT REQUIRING districts to institute a blanket policy of providing telephone interviews for all WFFSI households.
However, districts can choose to waive face-to-face interviews for all WFFSI households – this option became available on January 1, 2008.
At this point, the counties listed below have agreed to waive the face-to-face interview for all WFFSI households:

Cayuga
Erie
Greene
Jefferson
Madison
Nassau
Onondaga
Schenectady
Suffolk
Washington.

WFFSI households in these counties will be granted phone interviews, unless they request a face-to-face appointment. LDSS staff no longer need to assess or document individual hardship in order to waive the face-to-face interview for WFFSI households.

Once the telephone recertification pilot is fully implemented statewide, all counties will be required to waive the face-to-face interview for WFFSI households (expected date: end of 2008 or later).

*** For more information on the Telephone Recertification Pilot see the article posted on the Nutrition Consortium’s website (www.hungernys.org) under “What’s New.”

Reminder: districts are still required to waive the face-to-face interview requirement on an individual basis for non-WFFSI households facing hardship. Households in which all adults are elderly or disabled are entitled to a waiver upon request, without a showing of hardship.

3. Facilitated electronic application process (E-App):

OTDA is developing an electronic food stamp application (“e-app”) and multi-program benefit screening tool. The current target date for e-app rollout is May 2008.
Any household applying for food stamps (not just WFFSI households) will be able to use the e-app process.
Outside of NYC: During the first implementation phase, 12 local districts have agreed to partner with local community based organizations (CBOs) to pilot the e-app. The CBOs will work with applicant households to complete and file the application and all necessary documentation through this new e-app process.
NYC: HRA implemented a facilitated e-app based on HRA’s Paperless Office System (POS) in conjunction with FoodChange and the New York City Coalition Against Hunger (NYCCAH). A plan to expand this process with other local community partners is being developed.

4. More flexible overpayment (claims) collection policy

There are two changes to the overpayment collection procedures for active WFFSI households, effective January 1, 2008:

Terminated claims cannot be re-established, unless the overpayment was the result of fraud or an intentional program violation (IPV), as long as the household has WFFSI status.
Districts may be able to compromise (reduce) the amount of a claim being repaid through recoupment. For non-fraud overpayments, the entire amount of any existing claims that will not be collected within a three year period at the current rate of recoupment may be vacated (eliminated) for currently active WFFSI households.
We will keep you posted as we learn more details about WFFSI implementation, especially the e-app rollout process. In the meantime, if you have any questions about expanded categorical eligibility or the Working Families Food Stamp Initiative, contact Barbara Weiner (bweiner@empirejustice.org) or Cathy Roberts (croberts@empirejustice.org) here at the Empire Justice Center or Dawn Secor (hungerfoodstamps@aol.com) at the Nutrition Consortium of NYS.