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State of Wisconsin Release 09-02 June 26, 2009 |
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State of Wisconsin Release 09-02 June 26, 2009 |
3.2.1.1 Joint or Shared Physical Custody of Children
3.2.1.2.2 Incarceration and Huber Law Prisoners
3.2.1.3.1 Shelters for the Homeless
3.2.1.3.2 Transitional Housing
3.2.1.5 Group Living Arrangement
3.2.1.5.1 Residential Care Apartment Complexes (RCAC)
3.2.1.5.2 Adult Family Home (AFH)
3.2.1.5.3 Drug & Alcohol Treatment Centers
3.2.1.5.4 Shelters for Battered Women & Children
3.2.1.5.5 Section 202 & 236 Housing
7 CFR Code of Federal Regulations 273.3
Applicants for FoodShare benefits must reside in, or be temporarily absent from Wisconsin.
Guidelines for Determining Residency
Residence does not mean the legal place of residence or principal home.
Residence does not mean the intent to live permanently in Wisconsin or the county.
A person who is in Wisconsin or in a county solely for vacation purposes is not a resident of the county.
Do not require someone to reside in Wisconsin or within a county for any minimum length of time.
Residence does not mean a permanent dwelling or a fixed mailing address.
Children are included in the household where they reside when they are under the care and control of a parent a person's biological, step, or adoptive mother or father regardless of age. Parenthood doesn't have to be verified or other caretaker in that household. There may be situations when the residence of a child a person's biological, step, or adopted son or daughter, regardless of age. is not easily determined. There are many methods that can be used to determine the child’s residence. If the residence of a child is questionable, court documents can be used to determine if there is a primary caretaker designated. It may be a situation of joint custody and a 50-50 custody split. If one parent is not designated as primary caretaker, the parents can be asked to decide. Individuals can only be included in one food unit.
If the parents can not or will not decide, compare the parents' activities and responsibilities against the following list and determine which one is exercising more control than the other:
If the parents reside in different school districts, where does the child attend school? Who selected the school?
Who assists the child with homework or school-related tasks?
Are there tuition costs for the child's education? If so, who pays those costs?
If the child is enrolled in day care, who arranges for and pays these costs?
Who is responsible for taking the child to and from school and/or day care?
Which parent is listed as the contact for emergencies at the child's school or day care provider?
Who arranges medical and dental care for the child? Who selects the physician and dentist?
Who maintains the child's medical records?
Who initiates decisions regarding the child's future?
Who responds to medical or law enforcement emergencies involving the child?
Who spends money on food or clothing for the child when the child visits the absent parent?
Who disciplines the child?
Who plays with the child and arranges for entertainment?
Are more of the child's toys, clothing, etc. kept at one parent's home than the other's?
Only one parent can receive FS FoodShare for a child. If you still can not determine which food unit the child should be in, the caretaker that first applies would be eligible. Use the best information available to make your decision, and document in case comments the basis of your determination. If you still can not determine which food unit the child should be in, call the CARES Client Assistance for Reemployment and Economic Support call center.
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Example 1: Holly lives with her mother in Gleason. She attends school in her mother's district and her mother maintains a home for her. She visits dad on the weekends. Dad is receiving FS. Holly is considered as "residing" with her mother. Her father cannot include her in his food unit. |
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Example 2: Fran (mom) has legal custody of Clarence. However, Clarence resides with grandma, and occasionally visits mom. Clarence is considered "residing" with grandma and would be included in Grandma's food unit if she applied. Clarence would not be included in Mom's food unit since he is residing with Grandma. |
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Example 3: Mary and Rich have joint/shared custody of Ryan. He spends days with Rich because Mary works days, and nights with Mary because Rich works nights. However, Mary maintains a home for Ryan, he attends school in mom's district, and she provides for most of his needs. Ryan is considered "residing" with Mary, and can receive FS with her. Ryan would not be included in Rich's food unit since he is residing with Mary. |
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Example 4: Pam and Paul have 50/50 shared custody of Emily. Neither is designated as primary caretaker. They do not agree on who exercises more control over Emily. They both have Emily for 3 and on half days per week. They live in the same school district, both are contacted in an emergency, etc. Paul comes in to the agency to apply for FS first. Emily would be included in Paul's food unit. |
Include in the household an individual temporarily absent from the household when the expected absence is no longer than 2 full consecutive calendar months past the month of departure. Some examples are absence due to illness or hospitalization, employment, and visits.
To be considered temporarily absent, one must meet ALL of the following conditions:
The individual must have resided with the food unit immediately before the absence,
The individual intends to return to the home, and the food unit must maintain the home for him/her,
If the absent person is a child, the caregiver of the absent child is responsible for the child's care and control when the child returns to the home, and
If the absent person is an adult a person who is 18 years old or older, the adult must still be responsible for care and control of the child during their absence.
Attending school - Persons temporarily absent to attend a school is not a reason to remain included in the food unit.
Hospitalized Newborn - Infants who remain hospitalized for an extended period of time should be added to the food unit, even if the absence is greater than 2 consecutive months.
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Example 5: Karley resides with and receives FS with her mother. On June 6th, it is reported that Karley is going to stay with her father in Madison for the summer. She'll be returning to her mother's home on August 15th.
The month of departure is June. Since she is only absent for 1 calendar month (July), she is considered temporarily absent from her mother's household. She will not be out of the home longer than 2 full consecutive months. |
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Example 6: Her mother reports Karley will be leaving on May 24 to spend the summer with her father. She is expected to return to her mother's residence on August, 1st. Karley will be absent from her mother's home for 2 consecutive calendar months (June and July) so would not be considered temporarily absent. She should be removed from her mother's household effective July and added back to the household when she returns. |
Someone absent solely for full-time service in the military is not considered temporarily absent, and is not in the household. Income from someone outside of the household may be used in the financial eligibility determination.
If military income is direct deposited into an account jointly owned by the person in the military and a member of the FS AG, it will be counted as unearned income, with the exception of combat pay. Military allotments paid to a spouse A person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage. or dependent of the person in the military are budgeted as unearned income as long as the spouse or dependent is a member of the FS AG. This includes cash sent directly from the person in the military to a FS AG member.
Please see 4.3.4.2 Disregard Unearned Income for the treatment of combat pay.
Huber law prisoners who are released from confinement for the purpose of caring for members of their family, and who purchase and prepare meals with their family members can still be included in the FS Unit and may be eligible for FoodShare benefits. The prisoner must meet all financial and non-financial eligibility requirements.
A Huber Law prisoner is caring for his/her family if s/he meets all the following criteria:
Intends to return home after his or her confinement.
Continues to exercise care and control of his or her children.
Continues to plan for the support and care of his or her children.
Is released to attend to the needs of his/her family and to purchase or prepare meals with his/her family.
A Huber law prisoner released under a bracelet monitoring program who continues to live in the home is eligible for FS.
The temporary absence policy (3.2.1.2) time limit does not apply for Huber and those monitored under the bracelet program
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Example 7: A mother with three school age children has been sentenced to serve 90 days in a Huber facility. She is released at 8:00 A.M. to her place of employment and must report directly back to the Huber facility by 4:30 P.M. This mother is absent from the household and is not eligible for FS benefits. |
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Example 8: A father applies for FS for himself and his two school age children. He is sentenced to serve 90 days in a Huber facility. Under the terms of his sentence he is released each morning at 6:00 A.M. to report to his job; at 3:00 P.M. he is to leave his job and report to his home to care for his children, including fixing and eating dinner with them. He must report back to the Huber facility by 8:00 P.M. This father is temporarily absent from the FS household and is eligible for FS benefits. |
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Example 9: A father is on a bracelet monitoring program under the Huber program and living with his wife and child at home and working full time. Some of his wages are intercepted by the county jail to offset incarceration and monitoring costs. Treat as a group of 3 and budget the gross amount of his wages. |
7 CFR 271.2
"Homeless An individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:1) A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter), 2) A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized, 3) A temporary accommodation for not more than 90 days in the residence of another individual, or 4) A place not designed for, or ordinarily used as a regular sleeping accommodation for human beings (a hallway, bus station, a lobby, or similar places)." is defined as "An individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:
A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter),
A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized,
A temporary accommodation for not more than 90 days in the residence of another individual, or
A place not designed for, or ordinarily used as a regular sleeping accommodation for human beings (a hallway, bus station, a lobby, or similar places)."
Determine eligibility for a homeless shelter resident as if s/he is living independently. Homeless shelters include transitional and temporary housing.
Transitional housing helps homeless people move to independent living in a reasonable amount of time. It includes housing designed to serve deinstitutionalized homeless individuals, homeless people with mental disabilities, and homeless families with children.
Temporary housing includes housing commonly known as a "rooming house".
The homeless person may use FoodShare benefits to purchase prepared meals from authorized shelters, some restaurants, and grocery stores.
An authorized shelter may not also be the person's authorized representative.
7 CFR 273.1(b)(7)
An institution is any establishment that provides care and/or services above and beyond meals and lodging.
A resident of an institution is anyone who receives most of his/her meals as part of the institution's normal operation.
Residents of institutions are ineligible for FS.
Some facilities appear to be institutions but are not. Persons living in the following licensed or authorized facilities may be eligible for FS:
Shelters for the homeless,
Group living arrangements ,
Drug and alcohol addiction treatment centers,
Shelters for battered women and children,
Section 202, 221(d)(3), and 236 housing, and all residents of any federally subsidized housing for the elderly.
A group living arrangement is a public or private nonprofit residential setting serving no more than 16 residents. It must be certified by the appropriate state or local agencies. An example may be a Community Based Residential Facility (CBRF Community Based Residential Facility).
Any blind or disabled (3.8.1) resident of a group living arrangement may be eligible.
The resident may purchase meals from the group living arrangement when FNS Food and Nutrition ServiceFood and Nutrition Service and Nutrition Service authorizes the facility to accept and redeem FS.
Determine the resident's eligibility as a 1 person food unit (3.3.1) when the facility applies as an authorized representative. If the resident applies in his/her own behalf, determine the group size according to food unit rules.
Residents of a group living arrangement that move out before the 16th of the month should have half of their FoodShare allotment for the month returned by the authorized representative.
An RCAC is a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, an individual bathroom, and sleeping and living areas. Residents of RCAC facilities that offer optional meal services, separately from the cost of care can be treated as single apartment dwelling residents and be nonfinancially eligible for FS.
Residents of these facilities that do not have these services separate from the cost of care may be eligible if the resident meets the eligibility criteria for a group living arrangement (3.2.1.5). Residents are ineligible for FS if they choose a meal plan provided by the facility that provides a majority, more than 50%, of their daily meals.
Every tenant has a signed “Service Agreement” with the RCAC provider which lists the services the tenant is to receive from the facility (including meals) and the fees charged for those services. Charges for meals should be separately identified in this agreement. Both the resident and the facility have copies of the service agreement (contract). However, most RCAC’s do not have a separate lease for individual tenants.
The name and address of the facility on the service agreement can also be used to verify that the residence is an RCAC by checking against the Department's Residential Care Apartment Complex Directory.
As of April 21, 2005, at application and review, individuals residing in an RCAC will be tested according to the new RCAC policy. The ES worker must determine and verify the meal situation for each RCAC resident that requests FS.
To correctly process a case in CARES on screen ANLA
If the individual’s meals are purchased from the RCAC separately from their cost of care, code the individual as <01> on CARES screen ANLA.
If the individual’s meals are included in his/her cost of care, code the individual as <25>, (ineligible unless blind or disabled) on CARES screen ANLA .
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Example 10: Maria lives in an RCAC. Her service agreement shows she has no meals included in her cost of care but she does have the option to select from various meal plans. She has opted to prepare all of her meals herself and not purchase any meal plan from the RCAC. She would be non-financially eligible for FS. ANLA would be coded as 01. |
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Example 11: John also lives in the same RCAC. He has opted to purchase one of the dinner meal plans from the RCAC. Because the meal plan is purchased separately from his cost of care and the plan provides less than 50% of his daily meals, he would also be non-financially eligible for FS. ANLA would be coded as 01. |
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Example 12: Francis lives in an RCAC that does not offer the option to buy meal plans separately from the cost of care. Her meals are included the monthly cost of care. She does not meet the non-financial eligibility criteria for FS unless she is blind or disabled. |
An AFH is a type of group living arrangement where care and maintenance above the level of room and board (but not including nursing care) are provided in a private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability.
The individual in an AFH who is receiving foster care or paying board may be in their own FoodShare group if they wish.
Private, nonprofit centers providing treatment or drug and alcohol addiction are not institutions.
Publicly operated mental health centers certified as drug and alcohol addiction treatment and rehabilitation programs are not institutions. DCS/BCP certifies these facilities. State certification of these centers should not be confused with state licensing of drug and alcohol treatment centers. Such licensing is not required for FS eligibility.
Furthermore, in order for residents of a drug and alcohol treatment center to be certified to receive FS the center must be:
a). Tax exempt, and
b). Certified by the state as either receiving or eligible to receive or operating to further the purposes of part B of title XIX (Medicaid). This may include faith-based treatment centers.
Or
Authorized as a retailer by FNS.
To determine which substance abuse and mental health centers are listed as State Title XIX agencies go to http://dhs.wisconsin.gov/bqaconsumer/AODA_MH/AODAmhFacility.pdf
An authorized representative must apply for these residents. The center employs and appoints the authorized representative. The center may choose a representative to be the FoodShare payee or an authorized buyer. S/he will receive a Wisconsin QUEST card to access FoodShare benefits on behalf of the resident. The center may also choose the resident to be the sole QUEST cardholder as the primary person of the case. The QUEST cardholder may purchase food for meals or meals prepared or served by the center, or both.
Determine the eligibility of a resident of a drug and alcohol addiction treatment center as a one person FS group, unless the resident is a parent whose child(ren) resides with them at the center. Include any child(ren) residing with their parent(s) at the center, whether or not the center provides the majority of the child(ren)'s meals, when determining eligibility.
Note: Faith-based treatment and rehabilitation facilities are not required by law or FNS regulation to allow residents to opt-out of religious programming or activities in order to participate in the FS program.
A shelter for battered women and children is a public or private nonprofit residential facility serving battered women and their children.
Shelters for battered women and children may act as the authorized representative for FS applicants and recipients. Document the basis that the facility is eligible to participate. Any shelter for battered women and children authorized by FNS to redeem FoodShare benefits at wholesale stores is eligible.
A shelter resident may be a member of an eligible food group before entering the shelter. Although in most cases an individual may not be a member of 2 food groups in the same month, a resident of a shelter for battered women and children may be eligible for dual benefits as a separate food group while living at the shelter. This occurs when the earlier food unit contains the person who allegedly abused the resident.
They are food units separate from:
Other residents of the shelter and
Any food unit to which they belonged at the time they entered the shelter.
Review the former group's eligibility and allotment. Re-test the former group and include the change in FS group composition.
Exempt residents of any federally subsidized housing for the elderly and disabled from the "residents of institutions" policy.
HUD US Department of Housing & Urban Development funds some housing units primarily for the aged and disabled. This housing is called Section 202, Section 221(d)(3), and Section 236 housing. These housing units provide meals if the resident can not get them without help.
Residents of 202/236 housing may still be eligible for FoodShare benefits. If you are unsure if a residence is an institution or 202/236 housing, contact the Wisconsin Housing and Economic Development Authority (WHEDA) at (608) 266-7884 to verify.
This page last updated in Release Number: 08-05
Release Date: 12/15/08
Effective Date: 12/15/08