4.2.1 Categorical Eligibility

4.2.1.1 Categorical Eligibility Introduction

7 CFRCode of Federal Regulations 273.2(j)(2)

4.2.1.1 Categorical Eligibility Introduction

Most food units are considered categorically eligible if their gross income is at or below 200% FPL and the language describing "Job Center of Wisconsin" services, a partially TANFTemporary Assistance for Needy Families-funded service that all food unit members are authorized to receive, is issued to the food unit on a CARESClient Assistance for Reemployment and Economic Support generated notice of decision. The following text will appear on FoodShare approval and change notices.

"Job Center of Wisconsin” (formerly known as JobNet) is available to you. Job Center of Wisconsin is the single largest source of job openings in Wisconsin, you can access Job Center of Wisconsin via the internet at http://www.wisconsinjobcenter.org/ or on touch screen monitors at your local job center. To locate a Job Center of Wisconsin nearest you call 1-888-258-9966."

The food unitis not categorically eligible if:

Total gross income is above 200% (8.1.4 Disqualification for Divestment),
Any member of its food unit loses FoodShare eligibility because he or she was disqualified for an IPV [3.14.1 Intentional Program Violation (IPV) Disqualification],
Any member of its food unit loses FoodShare eligibility because he or she was disqualified due to a drug felony sanction (3.20.1 Drug Felons), or
The primary person is disqualified for failure to comply with the work registration requirements (3.16.1.2 FoodShare Work Requirements).

Food units that contain a member who is sanctioned for an IPV or drug felony continue to be eligible to receive TANF Job Center of Wisconsin services so assets are excluded and not deemed. The sanctioned food unit member's income continues to be deemed. The food unit is no longer considered categorically eligible so it must be tested using the regular SNAPSupplemental Nutrition Assistance Program program gross and net income limits. See 8.1.1 for those income limits.

If the food unit's gross income goes over 200% of FPL, the case will close. A negative notice will be sent with reason code 013: Income reported exceeds the program eligibility standard.

Do not test a categorically eligible food unit against the FoodShare asset, gross income, and net income limits. Calculate the food unit's net income to determine its allotment amount. Continue to verify residencyResidency refers to Wisconsin residency and not the mailing address. Contrast this with address in the glossary. and sponsored immigrant information because Job Center of Wisconsin does not collect this information.

Categorically eligible FoodShare assistance groups with zero benefit allotment amounts will be denied. The denied or closed FoodShare assistance group can file a new application and complete an intake interview if they wish to be reconsidered for FoodShare eligibility.

4.2.1.2 Case Processing

CARES will deny or close the FoodShare benefits automatically when the FoodShare assistance group's adjusted income is greater than the allotment amount. CARES will issue a closure notice that will include reason code 557: "Your net income exceeds the level to receive FoodShare benefits."

Except during an initial month, all eligible one- and two-person food units shall receive the minimum $15 allotment, even if the net adjusted income exceeds the net income limit.

If the food unit is required to re-apply for FoodShare after being closed, the food unit must be assessed for priority service, have a new filing date set, and complete an interview. If the food unit provides verification within the month following the month of case closure, which resolves ineligibility, FoodShare reopens without the food unit needing to reapply for FoodShare. Benefits are prorated from the date the food unit took the required action.

4.2.1.3 Special Circumstances

FoodShare assistance groups units with zero FoodShare benefits in their initial benefit month and a FoodShare allotment greater than zero in the second month will be denied in the first month and opened in the second month. If the benefit calculation is zero for the first two months, the case will be denied. The 12-month FoodShare certification period will begin the month of application even though the first month may be denied because the allotment amount is zero.

Example 1: Barry applied for FoodShare in August after he lost his job. In the FoodShare benefit determination, Barry received zero for August (due to excess income) and $98 in September. His certification period starts in August.

4.2.1.4 Transitional FoodShare Benefits

If the FoodShare benefit is reduced to zero for the month between the benefit determination month and the month transitional FoodShare benefits (TFS) begins, the case will remain open. See 5.1.1 Transitional FoodShare Benefits (TFS).

Example 2: Donna got a job in July and her last W-2Wisconsin Works check was issued in August. Her TFS benefit starts in September. Her income from her new job caused her allotment to be reduced to zero for August. The case remains open during the month of August and her TFS benefits start in September.

4.2.1.5 EBD Food Units

Food units that include an elderly, blind or disabled member with gross income over 200% of the FPL must be tested for FoodShare using the regular SNAP rules. Under the regular SNAP rules, these food units have no gross income limit, but must have net income that does not exceed 100% FPL and countable assets that do not exceed the asset limit of $3,500.

Case Processing

If the food unit passes both the asset and the net income tests, the income must be adjusted in the CARES system for the FoodShare calculation to allow the food unit to pass the 200% gross test and issue the correct benefit to the FoodShare assistance group. Use the F-16033 to determine the adjusted income amount. Suppress the CARES generated notices and send a manual positive notice along with a copy of the worksheet. See Process Help Section 17.1 for CWW entries.

This page last updated in Release Number: 18-01

Release Date: 01/08/2018

Effective Date: 01/08/2018