SNAP Eligibility Lawyer Manual

To qualify for SNAP benefits, a person must be financially eligible and meet all non-financial eligibility rules. A person does not have to receive cash or medical benefits in order to receive SNAP. Eligibility for SNAP benefits is determined by "Benefit Units."

Benefit Units

Eligibility for SNAP is determined by SNAP units. A SNAP unit is one person or a group of people who usually buy and prepare their food together. SNAP policy and TANF policy differ about who must be included in a unit, so SNAP and TANF units are not always the same.

The following people living together must be included in the same SNAP unit:

• Spouses.
• Any person under age 18 and under the parental control of an adult unit member who is not their parent.
• A parent and their children who are under 22 (unless they claim to be living separately and share no living space).

Elderly persons age 60 and over (and spouses) unable to purchase and prepare their own meals because of a permanent disability can apply for SNAP as a separate unit even though they are living and eating with others, provided that the gross income of persons who live (excluding the spouse) with them does not exceed 165% of the federal poverty guidelines.

Roomers and boarders are not considered as part of the SNAP unit if they pay reasonable compensation for their room and board.

Persons residing in shelters or residential drug rehabilitation programs may qualify for separate unit status.

Non-citizens ineligibility

To qualify for SNAP, a person must be a US citizen or must have a specific type of US Citizenship and Immigration Services (USCIS) status.

Persons temporarily in the US such as diplomats, students, tourists, and visitors do not qualify for SNAP benefits. The main categories of eligible non-citizens are:

• Lawful permanent residents, conditional entrants, those with parolee status for at least a year, abused spouses or children and parents of abused spouses or children who have lived in the U.S. for 5 years.
• Lawful permanent residents, conditional entrants, those with parolee status for at least a year, abused spouses or children and parents of abused spouses or children who have NOT lived in the U.S. for 5 years, but who are at least one of the following:
  • under 18
  • blind or disabled
  • a U.S. veteran or in active military service or their dependant
  • a lawful permanent resident with 40 qualifying quarters of work
  • Refugees/Asylees

Please consult the DHS policy manual for a complete list of eligible non-citizens.

Noncitizens whose children meet citizenship/USCIS criteria can apply for benefits for their children regardless of their own status.  Parents who are applying for benefits on behalf of their children are required to report their income but do not have to report their immigration status. The online application will ask which members of the household are requesting benefits; anyone who does not wish to report their status should uncheck their name in this section.

Please note that if you have a client who does not qualify for SNAP on the basis of the above eligibility criteria, they could still qualify for Cash and Food Assistance for Noncitizen Victims of Trafficking, Torture, or other Serious Crimes (VTTC).  This program is intended for asylum, U-visa, and T-visa applicant victims. 

Students

A student enrolled in an institute of higher education at least half-time is eligible for SNAP only if they meet a special eligibility requirement. Students meet a special student eligibility requirement if they are:

• Under age 18 or over age 50.
• Physically or mentally impaired.
• Working in a paid job an average of 20 hours a week and earning at least the federal minimum wage.
• Approved to participate in state or federal work-study program and expecting to work in the work-study program during that time.
• Receiving TANF benefits.
• Responsible for the care of a unit member under age 6, but only one adult may claim this exemption; when there is more than one adult in the home, the student must provide the majority of child care to meet this requirement.
• the child(ren) is receiving child care at least 24 hours per week, and time spent in school does not count as child care; and
• there is someone in the SNAP unit age 18 or older, other than the student, who is available to provide the care. A person who is physically or mentally impaired is not available to provide child care
• Enrolled full-time in a school of higher education, and is a single parent or person providing parental control whose spouse is not in the home, and is responsible for the care of a unit member under age 12.
• Enrolled through TANF Work and Training activities, or SNAP Employment and Training Program.

Effective August 22, 2017, the Illinois Student Assistance Commission (ISAC) must identify and flag all college students who may be eligible to receive SNAP benefits. The Department of Human Services will determine eligibility for SNAP using, among other things, information the college student provided in their Free Application for Federal Student Aid (FAFSA).

ISAC must notify institutions of higher education when their students are eligible for SNAP. Any Illinois institution that participates in the Monetary Award Program (MAP) must, in turn, inform each of its accepted or enrolled students of their eligibility. If possible, the institution must also designate a public benefit liaison or another point person to help eligible students take steps to get SNAP benefits.

An institute of higher education is defined as a business, technical, trade or vocational school that normally requires a high school diploma or the equivalent for enrollment in the course of study; or regular courses, including internet, mail, self-study, or correspondence courses, at an accredited college or university that offers degree programs. A course is considered a regular course if it would count toward a degree or certificate but the student does not have to be in a degree or certificate program. A college or university student enrolled only in literacy, adult basic education, GED or English as a second language program is not considered to be a student under this rule.

The eligible student exemption begins the month the school term begins, or the month the state or federal work-study is approved, whichever is later. The exemption continues through the end of the month the school term ends, or the student refuses an assignment.

The eligible student exemption does not continue between terms when there is a break of a full month or longer. The exemption does continue if the student works in a state or federal work-study assignment during the break. To qualify during the break, the student must continue to meet one of the above items.

Residency

No fixed residence is required, and homeless persons are eligible. Vacationers are not eligible. A person cannot receive benefits in more than one household in any payment month.

Verification of residence is not required for homeless persons, but DHS must have the means to administer benefits for homeless persons.

Social security number required

SNAP units must provide a social security number for each unit member. Persons for whom no social security number is provided without good cause are ineligible for SNAP. A unit should not be denied SNAP if they are in the process of obtaining an SSN.

Work provisions

Note: SNAP work provisions are temporarily suspended at least through the duration of the COVID-19 Emergency Declaration.

Each SNAP unit member who is not exempt from the work provisions must:

• Register for work;
• Cooperate with the SNAP Employment or TANF work and training program requirements,
• Accept a job offer of suitable employment;
• Not voluntarily quit a job; and
• Not voluntarily reduce work hours to less than 30 hours per week.

A SNAP unit member is exempt from the work provisions if the member is:

• Under age 16 or age 60 or older
• An ineligible SNAP unit member;
• Age 16 or 17 and not the SNAP payee;
• A student enrolled at least half-time in any recognized school or training program, including a school of higher education. Students of higher education must also meet the student eligibility requirements.
• Physically or mentally unable to work (please note they do not have to be adjudicated disabled by the Social Security Administration.  It is a different standard);
• Responsible for the care of a child under age 6, or for an incapacitated person, and the child or incapacitated person does not have to live in the home;
• Receiving Unemployment Insurance benefits, or applying for Unemployment Insurance benefits if they registered with Job Service as a part of the application process;
• Enrolled in and cooperating with a substance abuse treatment program;
• Working at least 30 hours per week or receiving weekly wages of 30 times the Federal minimum wage, and the person can be employed or self-employed; and
• A full-time Americorps VISTA volunteer under Title I or II of the 1973 Domestic Volunteer Services Act, as amended. For Title I programs, to be exempt, the person must have been receiving SNAP benefits, TANF, AABD, or GA at the time they joined Americorps VISTA.

Employment and training program

A mandatory SNAP Employment and Training (E&T) Program will operate in designated areas of the State that have SNAP E&T Job Placement Provider slots available. The Family Community Resource Center (FCRCs) in the designated areas will refer nonexempt customers to the providers to the extent that slots are available and ensure that provider slots are filled each month on a first come, first serve basis.

If a sanction occurs, the vacant slot of the sanctioned person is filled with another nonexempt person to ensure that all slots are filled monthly.

SNAP E&T participation is not required of a customer until a provider slot is available to refer them to for effective participation. 

Currently, the only group of SNAP recipients mandated to participate in the E&T program are non-exempt, non-disabled adults without dependents (ABAWDs).

A person is exempt from E&T activities if they are:

• A member of a SNAP unit with children under age 18;
• Physically or mentally unable to work;
• Pregnant;
• A student, enrolled at least half-time, and students of higher education must meet student eligibility requirements;
• Responsible for the care of an incapacitated person, and the incapacitated person does not have to live in the home;
• Participating in a drug addiction or alcoholic treatment and rehabilitation program;
• Receiving Unemployment Insurance; and
• Residing in an area of the state where SNAP E&T contracted provider slots are not available for effective participation.

Clients in E&T take part in one or more of the following activities:

• Basic education
• Vocational training
• Job readiness only as part of another countable activity
• Job search only as part of another countable activity
• Work experience
• Earnfare
• Community work

Note: the Earnfare program is limited to adults who receive SNAP benefits and volunteer, or to persons who are court-ordered to participate.

Voluntary quit/reduction of hours penalty

If the head of SNAP unit voluntarily quits a job, reduces work hours, or participates in a strike without good cause within 60 days before or any time after that she applies for SNAP, the entire unit may be sanctioned.

A job quit does not affect eligibility if:

• There was good cause for quitting the job;
• The job called for working less than 20 hours per week;
• Gross weekly earnings including tips were less than the federal minimum wage times 20 hours, see WAG 25-06-08;
• The person quit the job more than 60 days before the date of application;
• The employer reduced the number of hours of work;
• It was due to the ending of a self-employment business;
• The employer demanded the person resign from the job; and
• The person quit a job to start a new job for at least the same wages or hours and was laid off or lost the new job through no fault of their own.

A voluntary reduction in work hours to less than 30 hours per week does not affect eligibility if:

• There was good cause for reducing work hours;
• The hours are reduced by the employer;
• The reduction in hours is due to the ending of a self-employment business; and
• The employer demanded that the person either resign or reduce their hours.

Sanctions

A person who violates any of the SNAP work provisions or TANF work and training requirements without good cause is sanctioned from receiving SNAP benefits for:

Time-Limit

Independent of the SNAP E&T program, SNAP participants who are considered able-bodied adults without dependents (ABAWDs) are subject to a time limit. Unlike the E&T program, the time limit rule for these recipients is not contingent on the state providing a work, training, or educational opportunity; the state has no obligation to offer support before applying the time limit to a case and ending benefits for a participant. States can, however, qualify for and choose to waive this time limit, statewide or in specific areas, when unemployment numbers are high.

When the time limit is in effect, ABAWDs are limited to 3 in 36 months of benefits unless they are working or participating in an education or training activity at least part-time (80 or more hours each month). For each case, months are counted on a fixed 3-year calendar statewide.

Many single adults are exempt from the time limit but will need to submit verification that they meet one of the exemption criteria. ABAWDs who do not meet exemption criteria are required to report activity hours to the state on a monthly basis to maintain program eligibility.

Individuals are exempt from the time limit if they are:

• Under age 18 or over age 50

• Medically certified as physically or mentally unfit for employment

• Pregnant

• A student enrolled at least half time

• A member of a unit responsible for a dependent child

• Responsible for the care of an incapacitated person

• Participating in a drug addiction or alcoholism treatment and rehabilitation program

• Receiving weekly earnings of at least the federal minimum wage times 30 hours

• Receiving Unemployment Insurance

• Residing in an area which is exempt from this requirement

Note: the definition of physically or mentally unfit for employment does not mean that the person must be totally disabled.

An individual who has been denied eligibility because he or she participated in the program for 3 months without meeting the activity requirement may qualify for an additional three months of eligibility in a three year period. To qualify for the additional three months of eligibility, the individual must participate in a qualifying activity for 80 or more hours during a 30-day period. While a second 3-month period is only available to a participant once in the 3-year period, any ABAWD is eligible for SNAP in a month in which they are meeting the 80-hour activity requirement.

The time limit is not in effect in Illinois for 2018 for all counties except DuPage County. Residents of DuPage County are subject to time limit rules.

Financial Eligibility

Assets

Most units do not have their assets counted when applying for SNAP. However, units that have a member who has been disqualified for an Intentional Program Violation or who has been sanctioned for failure to comply with a work provision are subject to asset limits.

For units without a qualifying member, the asset limit is $2,750. For units with at least one qualifying member, the limit is $4,250. For a complete list of exempt and non-exempt assets, see the DHS Policy Manual.

Income

The maximum income a SNAP unit may have and still be eligible for SNAP depends on the unit’s size and composition. A household without a "qualifying member" must have a gross income that is at or below 165% of the federal poverty level. 

If a SNAP unit contains a person who is elderly or disabled, referred to as a "qualifying member," then the SNAP unit gross income must be at or below 200% of the federal poverty level. 

Check the DHS Workers’ Action Guide for the most recent limits.

Gross income for a SNAP unit consists of all non exempt income for the unit. All income must be verified and the amount and source documented in the case record. The receipt of SNAP benefits is not income and does not reduce the amount of benefits received from other public assistance programs. See the DHS Policy Manual for a complete list of exemptions and definitions.

To determine eligibility, the Department will calculate income twice, both gross and net.  For more on how the Department calculates gross income, see "Determining SNAP benefit amount" below.

Qualifying members

To be considered a qualifying member a person must meet one of the following criteria:

• Is 60 years of age or older;

• Receives Supplemental Security Income (SSI) under Title XVI of the Social Security Act, including a member who receives SSI pending a final decision from the Social Security Administration. This type of SSI is provided on a temporary or emergency basis;

• Receives Social Security Disability or Blindness benefits under Title II (RSDI) of the Social Security Act;

• Receives AABD cash or Medical;

• Is a veteran:

  • With a service or non-service connected disability rated or paid as totally disabled by the Veterans Administration (VA) and verified in writing by VA as totally disabled;  or

  • Is considered by the VA to be in need of regular aid and attendance or permanently homebound.

• Is a veteran's surviving spouse who is considered in need of aid and attendance or permanently homebound by the VA;

• Is a veteran’s surviving child who is considered permanently incapable of self-support by the VA;

• Is a surviving spouse or child of a veteran entitled to VA benefits for a service-connected death, or VA pension benefits for a non-service connected death. Note: the spouse or child must also have a disability under Social Security Requirements;

• The member receives a federal, state, or local government disability pension and is considered permanently disabled under Social Security requirements;

• The member receives Railroad Retirement disability benefits; or

• The member receives an annuity payment from Railroad Retirement and is eligible for Medicare.