7 CFR § 273.1(b)


There are 3 types of individuals excluded from the CG:


Sometimes entire EDGs are ineligible for program benefits.

Disqualified Members

7 CFR § 273.1(b)(7)(iii)(v) and (vii) and (ix)-(xi) & 7 CFR § 273.2(d)(2) & 7 CFR § 273.11(c)(1)



These are individuals who would be CG members but are not allowed to be. Count their assets, income and deductions as if they were eligible members, see Assets and Income of Disqualified Members.

  • Criminal Justice Issues - Individuals who are fleeing felons, or probation/parole violators. See Fleeing Felons and Probation Violators and Parole Violators.  
  • Drug Felony Conviction – Individuals convicted of a drug-related felony which occurred after August 22, 1996, involving the possession, use, or distribution of a controlled substance, who are not complying with the terms of their sentence or probation.  
  • Anyone convicted of Federal aggravated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault, or similar State Laws, and who are also not in compliance with the terms of their sentence or parole, or are a fleeing felon.
  • Intentional Program Violation (IPV) - Individuals who signed an IPV hearing waiver, or were found guilty of an IPV by an administrative disqualification hearing or court of law. See Intentional Program Violation.   
  • Work Registration- Individuals failing to meet work registration requirements.  


Quality Control (QC) Non-cooperation – Disqualify the entire EDG if any household member refuses to cooperate with either State or Federal quality control reviewers.  See Quality Control.  

Ineligible Members

7 CFR § 273.1(b)(7)(i) and (iii) and (xi) & 273.11(c)(2)-(3)



Ineligible members are individuals who would be CG members, but they do not meet one of the non-financial eligibility requirements in the sections noted below. Count assets as if they were eligible; prorate income and deductions.  See Assets and Ineligible Members.

  • Non-Citizens - Individuals failing to meet eligibility rules in Citizen/Non-Citizen.  
  • Social Security Number (SSN) - Individuals failing to provide or apply for an SSN as per Social Security Number.  
  • Time Limited Able-Bodied Adults Without Dependents (ABAWDs) not meeting the ABAWD work requirement and who used their 3-month eligibility.  See Time Limit for ABAWDs.

Non-members

7 CFR § 273.1(b) & 273.11(d)


Certain individuals who live with and may even share food with the EDG are treated as non-members for purposes of determining eligibility and benefits. Non-members’ income and assets are not included when determining eligibility and benefits for the CG.

Boarders

7 CFR § 273.1(b)(3)(i)-(iii)


A boarder is an individual (or group) who resides with an EDG and pays reasonable compensation for lodging and meals. The EDG may choose to include or exclude a boarder (or boarder group) that pays reasonable compensation. If excluded, the boarder (or group) is not eligible for SNAP as a separate EDG.


Reasonable compensation exists when the total paid by the boarder (or group) is equal to:

  • The maximum benefit for the boarder (group) size when the boarder (group) pays for more than 2 meals per day. 
  • 2/3 of the maximum benefit for the boarder (group) size when the boarder (group) pays for 2 meals or less per day.

See Reasonable Room and Board Compensation


Spouses, parents, and children under 22 are not treated as boarders even if a board payment is being made.


Individuals paying less than reasonable compensation are not boarders, they are EDG members.

Live-In Attendants

7 CFR § 273.1(b)(6)


Live-in attendants live with the EDG to provide medical, housekeeping, dependent care or other similar personal services.  Live-in attendants can apply for SNAP as a separate EDG if they choose to, unless they meet a relationship requirement.


Spouses and parents and children under 22 are not treated as live-in attendants even if they provide these types of services.

Residents of Commercial Boarding Houses

7 CFR § 273.1(b)(3)


Individuals who reside in a commercial boarding house are not eligible for SNAP.


Commercial boarding houses are businesses that offer meals and lodging for payment with the intent of making a profit. Determine intent to make a profit from a statement by the applicant or the owner. 

Residents of Institutions

7 CFR § 273.1(b)(7)(vi)


Individuals who receive over 50% of 3 meals daily from an institution (college, nursing home, etc.) where they live are residents of institutions. Residents of institutions are not eligible for SNAP.  

Examples: See Residents of Institutions.

Exception: Residents of institutions described in Special Situations.

Roomers

7 CFR § 273.1(b)(5)


Individuals who pay the EDG a flat-fee for lodging. They do not pay a separate amount for utilities. They do not purchase and prepare food with the EDG they rent from. Roomers can apply for SNAP as a separate EDG if they choose to, unless they meet a relationship requirement.


Spouses and parents and children under 22 are not treated as roomers even if they pay each other for lodging.


Note: Many separate households live together and share shelter expenses. This is not a roomer situation. See Shared Households. 

Examples: Shared Households vs Roomers.

Strikers

7 CFR § 273.1(e)(1)-(2)


An EDG with a striking member may or may not be eligible for benefits. See Strikers.

Students

7 CFR § 273.1(b)(7)(i)


Students in higher education who do not meet the rules in Students.