Disqualified Members

7 CFR § 273.7(f)(1) & 7 CFR § 273.11(c)(1)(i)-(ii)(A)-(D) and (m)-(n) & 7 CFR § 273.16(b)

These are individuals who are not allowed to be EDG members because of one of the following:

• Drug felony conviction
• Failure to comply with work requirements
• Fleeing felons and probation/parole violators
• Anyone convicted of a 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

Count the disqualified member’s non-excluded income and assets.

See Income and Assets.

Allow all income deductions and expenses of the disqualified member. See Expenses and Deductions.

Do not count the disqualified member in the EDG size when:

• Determining the standard deduction
• Comparing the EDG’s income with the income limits
• Determining the benefit amount

Authorized Representatives (AREPs)

7 CFR § 273.2(n)(4)(i)(B)

Individuals disqualified for IPV are not allowed to act as the A-Rep for the EDG, unless the agency determines no one else is available to serve as the A-Rep.

Ineligible Members

7 CFR § 273.2(j)(2)(viii)(A) and (E) and (4)(iv)(A) and (C) & 7 CFR § 273.4(a)(3)-(7) & 7 CFR § 273.6(c) & 7 CFR § 273.9(d)(6)(ii) & 7 CFR § 273.11(c)(2)-(3)(i)-(ii)(A) & 7 CFR § 273.24(b)

Ineligible members are individuals who did not meet one of the following eligibility requirements:

• Non-citizens
• SSN
• Time limits for Able-Bodied Adults Without Dependents (ABAWDs)

Count the ineligible member’s non-excluded assets. See Assets.

Prorate and budget the ineligible member’s non-excluded income, expenses and deductions. See Income and Expenses and Deductions.

Apply the gross income limit and excess shelter deduction maximum if the only elderly or disabled member is ineligible.

Do not count the ineligible member in the EDG size when:

• Determining the standard deduction
• Comparing the EDG’s income with the income limits
• Determining the benefit amount

Prorating Income

7 CFR § 273.11(c)(2)-(3)(i)-(ii)(A)

1. Determine the ineligible member’s monthly countable earned income and unearned income separately. See Income, and Determining Income, Expenses and Deductions.

2. Total the number of eligible and ineligible EDG members.

3. Divide the earned/unearned amount in Step 1 by the number of individuals in Step 2.

4. Multiply the amount in Step 3 by the number of eligible EDG members. The result is the prorated income amount.

Prorating Deductions

7 CFR § 273.9(d)(6)(iii)(F) & 7 CFR § 273.11(c)(2)-(3)(i)-(ii)(A)

Prorate the following expenses paid by or billed to the ineligible member. Allow only the eligible EDG members’ prorated portion of: 

• Dependent care
• Legally obligated child support
• Medical expenses
• Shelter

Exception: Allow the full SUA even if paid by or billed to the ineligible member.

Prorate as follows:

1. Determine the ineligible member’s monthly allowable deduction for each expense. See Expenses and Deductions, and Determining Income, Expenses and Deductions.

2. Total the number of eligible and ineligible EDG members.

3. Divide the allowable expense amount in Step 1 by the number of individuals in Step 2.

4. Multiply the amount in Step 3 by the number of eligible EDG members. The result is the prorated expense amount.

Examples: See Budgeting for Ineligible Members.

Non-members

7 CFR § 273.1(b)(3)(i)-(iii) and (5)-(7)(i) and (vi) and (e)(1)-(2) & 7 CFR § 273.5(a) and (d) & 7 CFR § 273.11(d)(1)-(3)(i)-(iii)

Non-members are individuals who live with and may share food with the EDG but are not included as part of the EDG:

• Boarders
• Live-in attendants
• Residents of commercial boarding houses
• Residents of institutions

Exception: Residents of institutions identified in this item

• Roomers
• Strikers

Note: An EDG with a striking member may or may not be eligible for benefits. If the EDG is eligible, the striker is a member. See Strikers.

• Students

For a full description, see Non-Members.

Exclude the income and assets of non-members when determining eligibility and benefits for the EDG. 

Exception: Cash payments from the non-member to the EDG are income to the EDG.

Allow only the amount the EDG paid or contributed when deductions are shared with a non-member. Prorate the deduction and allow the EDG’s share if the EDG’s amount cannot be determined.

Do not count the non-member in the EDG size when:

• Determining the standard deduction
• Comparing the EDG’s income with the income limits
• Determining the benefit amount 
• Determining the excess shelter deduction

Last Update

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