SNAP Worker Guide #2 - Clients Living in a Facility

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Individuals living in certain types of facilities may be eligible for SNAP, while persons living in others are not. The first question to resolve is "What type of facility?" The type of facility determines who can file the application. The type of facility also determines if a client may be eligible for SNAP benefits regardless of purchase and prepare requirements.

1. Alcohol and Drug Treatment Center (A&D)

   When a client enters a residential A&D treatment facility, the first step is identifying the type of facility and the meal situation. Residents are not eligible for SNAP when the facility provides the meals unless that facility is certified by the state. Following are the procedures for various A&D facilities.

   Note:

   If the SNAP client also receives TANF benefits, refer questions to the TANF Program Unit in Central Office.

   State-certified or FNS retailer
   Individuals living in an A&D facility where meals are prepared for them may be eligible to receive SNAP benefits if the facility meets one of these criteria:

   1. Certified through the DHS Addictions and Mental Health Division to receive funding under part B of title XIX of the Public Health Service Act. To determine if the facility is state certified, look at the Oregon Alcohol and Other Drug Prevention Services Directory or (http://dhsmanuals.hr.state.or.us/EligManual/06-toc.htm)

   2. Certified by the DHS Addictions and Mental Health Division as operating to further the purposes in the above listed Public Service Act (identified by a letter); or

   3. Authorized as a retailer by the Food and Nutrition Service (FNS). Refer to SNAP I.4 for a list of these authorized locations.

   For clients who are in an A&D facility that meets any of these criteria:

   • The facility must apply via an authorized representative (SNAP B.14) who completes and signs the application. The authorized rep also completes the interview for each client. (If necessary, the rep should review the application with the client in advance.) Signing the application makes the facility responsible for reporting all changes and for repaying any overpayments. Only the facility rep, not the client, should sign;

   • Along with the application, the authorized representative must sign the Facility as Authorized Representative form (DHS 222), acknowledging their responsibilities. Review these responsibilities to ensure they are understood and provide the facility a supply of AFS 222A forms for reporting monthly on their resident SNAP clients;

   • Issue an EBT card and PIN to the authorized representative;

   • If the client has an open SNAP case when moving into the facility and:

     -	The client is the only person on the case, send close notice (FSC1DA1) to the client. Cite living in the facility as the close reason and take this action on FSMIS. Cancel the client's card and process the facility's application as a REC;
     -	There is another adult on the case, make that other adult the head of household. Send a reduction notice (FSC1DA2) to the new head of household and issue a new EBT card/PIN. Cancel the client's card. Open a new case for the client and issue an EBT card/PIN for the facility resident to the authorized representative;
     -	There are children on the case who are not in Child Welfare custody, but no other adult, cancel the client's card. Do not issue a card to the facility until the first of the following month. This allows time for another adult to come forward as the alternate payee and use the SNAP benefits issued to the rest of the household.

   • There is no need to question how meals are purchased and prepared to determine the filing group. Each person is a separate filing group, unless they are living in the facility with their spouse or children under age 22;

   • Narrate the name of the facility that the individual is living in, and how you determined that they were eligible to receive benefits;

   • Enter the facility name as the authorized representative on FSMIS;

   • Maintain a central file in the branch on each facility, including a copy of the authorized rep's I.D. and the monthly AFS 222As. There is no requirement for the authorized representative to provide an SSN. It is best practice to assign one worker and a backup to handle all A&D facility cases;

   • The facility is required to notify the local office within 48 hours when the client leaves. Cancel the authorized representative's EBT card and send a notice (FSC1DAL) to the facility notifying them they are no longer liable for the client's case or entitled to the benefits;

   • Send 10-day notice to the client's last address, even if it is at the facility, notifying them that their case will close;

   • If the client wants to continue receiving benefits, they must reapply (or follow add-a-person policy if joining an ongoing case). This can be done by having the client update and sign the most recent application on file or by taking a new application. By signing the application, the client transfers responsibility back from the center to themselves. The client must be interviewed for the recertification, but there is no requirement for a face-to-face. Issue the client a new EBT card.

   Nonstate certified
   For clients in an A&D facility that does not meet one of the criteria listed above;

   • Determine the meal situation. If the facility provides 51 percent or more of the meals, the individual is not eligible for SNAP benefits;

   • If the facility provides less than 51 percent of meals, the client must apply on their own. If they choose an authorized rep, it cannot be a facility employee;

   • The individual needs to be able to identify their own food separately from other people living in the facility and have access to cooking facilities to prepare the food separately;

   • Follow the procedures above for narration, communication with the facility and transitioning current SNAP recipients into facility cases.

   Facility rights to access benefits
   The A&D facility has no rights to SNAP benefits issued before the client entered the facility.

   While the client is in a residential program, the facility can take half of the client's benefits on the first of the month. If the client is in the facility on the 16th of the month, they can take the remaining benefits for that month. However, once the client has left the facility, the facility has no more rights to access their benefits.

   Under no circumstances may any facility require a resident to apply for SNAP, then hand over their EBT card and PIN to that facility.

   Notify the SNAP Unit in Salem if any facility repeatedly uses SNAP benefits they do not have rights to. The state will end that facility's authorization to have residents receive SNAP benefits.

   Simple narratives
   Type of Interview/contact: PC to Jill Hawthorn at Clean & Sober.
   Authorized Rep/Alternate Payee name: Jill Hawthorn at Clean & Sober, state-certified A&D facility. Jill signed DHS 222 and stated she understood responsibilities.
   Filing group: Joel Cairo living in A&D facility.

   Identifying current SNAP clients in unknown facilities
   If you discover that a client is receiving SNAP benefits on their own case while living in a facility:

   • Determine what type of facility the client is living in. Is the facility state certified? Do they have an EBT machine? If they are not certified, what is the meal situation?

   • If the facility is state certified:

     -	Close the case (unless there are other individuals on the case) and send 10-day notice letting the client know that the facility must apply for them (FSC1DA1). If there are other people on the case, send a reduction notice;
     -	Cancel the EBT card;
     -	The facility needs to submit an application and be interviewed in order to continue receiving SNAP benefits.

   Note:

   If you encounter a group living situation that cannot be identified, please contact the SNAP Unit in Central Office for help.

   Examples
   

   Example 1:	Djimon receives SNAP on his own and enters state-certified A&D on May 18. Cancel his EBT card and send 10-day notice to close. The facility must assign an authorized rep to apply and be interviewed for Djimon.
   Example 2:	In this instance, Djimon enters a state-certified A&D facility May 28. Cancel his EBT card and send 10-day notice to close. The facility must assign an authorized rep to apply and be interviewed for Djimon. If the facility applies no later than June 1, issue them a card and process an ADJ to stop the close action on FSMIS. The facility can begin accessing his benefits June 1.
   Example 3:	Lara, Roger and their two children receive SNAP. On February 20, Lara (the HH) moves into residential treatment. Send a 10-day reduction notice to Lara, unless Lara or Roger signs a Voluntary Agreement to Reduce or Close Benefits or Withdraw Application and Notice of Action Taken (DHS 457D) form. Make Roger the HH; issue him an EBT card and PIN. Use the appropriate date based on whether a DHS 457D is signed. The facility must apply for Lara.
   Example 4:	Earl enters a sobriety house that is certified via a letter from the DHS Addictions and Mental Health Division. He is an A&D on an ongoing SNAP case. Cancel his card, if any. Send 10-day notice to reduce the case by removing him if no adult on the case will sign a DHS 457D to waive it. The sobriety house must apply for Earl.
   Example 5:	Allison has moved into a nonstate certified A&D treatment program. Each resident has access to the kitchen once a week to prepare meals for all. They are asked to contribute to the food and share. There is no SNAP eligibility for anyone.
   Example 6:	Marcus lives in a nonstate certified A&D facility. The home has full kitchen privileges for all its residents. Each is assigned a color for their food storage bins. The facility provides dinner nightly. Marcus is eligible to apply on his own for SNAP.

   F	SEE SNAP C.4 FOR MORE INFORMATION ABOUT CLIENTS LIVING IN FACILITIES.

   F	SEE SNAP I.3 FOR MORE ABOUT USING SNAP TO BUY MEALS.

   
   

2. Group living arrangement

   Clients live in a community-based care (GP A.15) group living arrangement when they live in a Residential Care Facility (RCF), Group Home or Assisted Living Facility (ALF).

   Note:

   A client receiving brokerage services is not considered to be living in a group living arrangement.

   1. Licensed nonprofit and have no more than 16 residents: For a client to be eligible for SNAP, the group living facility must be state-licensed and serve no more than 16 residents at a time, and the client must meet the SNAP definition of disabled (GP A.21). There is no requirement to determine if the resident is separately purchasing and preparing meals. If the client is residing in a state-licensed RCF, group home or ALF, either the client or the facility may apply for the client. An authorized representative (SNAP B.14) from the facility applies when it is determined that the client is not able to apply for himself or herself. If a representative from the facility applies for the client, they must sign the application and will be responsible for reporting all changes and overpayments. Have the authorized representative sign the Facility as Authorized Representative (DHS 222) form showing they understand their responsibilities. If the client is able to apply for himself or herself, the client will be responsible for reporting changes and any overpayments.

      Note:

      If the client is elderly (GP A.28) but does not meet the definition of disabled, the client is not eligible for SNAP while living in a group living facility.

   2. Not licensed or licensed with more than 16 residents or for-profit: If the group living facility is not state-licensed or is licensed but there are more than 16 residents or is a for-profit facility, the resident cannot be eligible for SNAP. Any nonprofit RCF, Group Home or ALF can apply for a state license with Seniors and Persons with Disabilities or State Mental Health.

      F	SEE SNAP C.4 FOR MORE ABOUT PEOPLE IN GROUP LIVING ARRANGEMENTS.
      F	SEE SNAP F.23 FOR MORE INFORMATION ABOUT GROUP LIVING ARRANGEMENTS.
      F	SEE SNAP I.3 FOR MORE ABOUT LIVING SITUATIONS WHERE MEALS ARE PROVIDED.
      F	SEE SNAP I.4 FOR A LIST OF RCFS THAT ACCEPT SNAP FOR PREPARED MEALS.

   
   

3. Homeless shelter

   A person who meets the definition of homeless (GP A.41) may apply for himself or herself. They are considered homeless when they lack a fixed and regular nighttime residence or their regular nighttime residence is a supervised nonprofit shelter for the homeless or they are temporarily residing with another person for less than 90 days. A homeless facility cannot apply for the client. The client has the right to decide if they want an authorized representative (SNAP B.14) and who that authorized representative will be. No person representing a homeless facility that provides meals may act as authorized representative.

   When the client meets the definition of homeless, the separate purchase and preparation of meals determination is not required while they get meals at a certified homeless shelter. This is because homeless clients may use their SNAP benefits to purchase prepared meals at a certified homeless shelter. Homeless shelters providing meals and homeless meal providers must be certified by the CAF SNAP Program in central office as a homeless meal provider. Any certified homeless meal provider may apply with FNS for authorization to accept SNAP benefits by calling 503-326-5971. With FNS authorization, the homeless meal provider may accept SNAP benefits in payment for meals. To assure that homeless clients may use their SNAP benefits to purchase prepared meals, code FSMIS as follows: Meals: "CD"; HH Type: "HLL" and Print ID: "Y."

   F	SEE SNAP C.3 FOR MORE INFORMATION ABOUT FILING GROUPS.
   F	SEE SNAP I.3 FOR MORE ABOUT LIVING SITUATIONS WHERE MEALS ARE PROVIDED.
   F	SEE SNAP I.4 FOR MORE ABOUT USING SNAP TO PURCHASE PREPARED MEALS.

   
   

4. Domestic Violence (DV) shelter (GP A.24) or safe home (GP A.70)

   A client may apply for himself or herself when residing in a temporary shelter or safe home for DV survivors. DV survivors living in DV shelters are not required to separately purchase and prepare meals. The DV shelter cannot apply for the client. The client has the right to decide if they want an authorized representative (SNAP B.14) and who that authorized representative will be. They do not have to name anyone from the DV shelter as authorized representative.

   F	SEE SNAP C.3 FOR MORE INFORMATION ABOUT FILING GROUPS.
   F	SEE SNAP C.4 FOR MORE INFORMATION ABOUT CLIENTS LIVING IN FACILITIES.
   F	SEE SNAP I.3 FOR MORE ABOUT LIVING SITUATIONS WHERE MEALS ARE PROVIDED.

   
   

5. Teen shelter, unwed-mother home, halfway house, etc.

   There are many teen shelters, homes for unwed mothers, and halfway houses in Oregon. When living in one of these facilities, the client may apply for himself or herself. The facility cannot apply for the client. To be eligible, the client must have a kitchen available and be responsible for purchasing and preparing at least 51 percent of their own meals. The client has the right to decide if they want an authorized representative (SNAP B.14) and who that authorized representative will be. They do not have to name anyone from the facility as authorized representative. If the facility regularly provides 50 percent of the meals, the client is not eligible. If 50 percent of the meals are communal, the client cannot be a separate SNAP case from the other residents that they eat with.

   Caution:

   Some clients live in a house that is under the control of a correctional facility. They may have the right to leave the facility during the day to work, etc. However, they must return to the home at night. In many of these cases, the home is providing most of the meals.

   F	SEE SNAP C.3 FOR MORE INFORMATION ABOUT FILING GROUPS.
   F	SEE SNAP I.3 FOR MORE ABOUT LIVING SITUATIONS WHERE MEALS ARE PROVIDED.

   
   

6. Adult Foster Care (AFC)

   If the client is residing in AFC, the client must apply for SNAP with the caregiver. The caregiver may apply for SNAP without the individual in foster care but the individual in foster care may not apply separately from the caregiver.

   F	SEE SNAP C.3 FOR MORE INFORMATION ABOUT FILING GROUPS.
   F	SEE SNAP C.4 FOR MORE INFORMATION ABOUT PEOPLE IN FOSTER CARE.
   F	SEE SNAP I.3 FOR MORE ABOUT LIVING SITUATIONS WHERE MEALS ARE PROVIDED.

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