County of San Diego Health and Human Services Agency HHSA CalFresh Program Guide Treatment of Income of Excluded NonHousehold Members Number Page 63244 1 of 4 Background The income and deduction of excluded household members will be counted in its entirety and the entire households allowable earned income standard medical dependent care and excess shelter deduction will continue to apply to the remaining household members Policy 63244 1 Excluded Members SSN Disqualified Ineligible Noncitizen or those who Fail to Meet ABAWD Work Requirement A Income A prorated share of the income of the following household members will be counted as income to the remaining members SSN disqualified or Ineligible noncitizens or Individuals failing to meet ABAWD work requirements This share is calculated by first subtracting the allowable exclusions eg legally obligated child support payment from the excluded members income and dividing the remaining income evenly among the household members including the excluded members All but the excluded members share is counted as income for the remaining household members Note The income of SSN disqualified ABAWD disqualified and ineligible noncitizens shall be prorated prior to gross income test The pro rata share assigned to the remaining household members is then added to the CalFresh households total income for the gross income test ACIN I 1603 B Deductible Expenses The earned income deduction will apply to the prorated income earned by the excluded members which is attributed to the household The households allowable shelter and dependent care which are paid in their entirety by the excluded members will be prorated and only the CalFresh eligible members prorated share will be counted as a deduction If the excluded members shares allowable shelter andor dependent care expenses with the CalFresh eligible household deduct the excluded members contribution from the applicable expense and the net amount is the CalFresh households allowable deduction If the contributed amount cannot be distinguished from the excluded members share eg pooled income the expense will be prorated among all members and only the eligible members share will be counted as the deduction C Eligibility and Benefit Level These excluded members will not be included when determining the household size for the purposes of assigning a benefit level to the household comparing the households monthly income with the income eligibility standards or determining the categorical eligibility of the remaining household members County of San Diego Health and Human Services Agency HHSA CalFresh Program Guide Treatment of Income of Excluded NonHousehold Members Number Page 63244 2 of 4 632442 Excluded Members Fleeing Felons or ProbationParole Violators The income of Fleeing Felons or ProbationParole Violators household member s will continue to be counted in its entirety and the entire households allowable earned income standard medical dependent care and excess shelter deduction will continue to apply to the remaining household members Note Effective April 1 2015 individuals with a prior Drug Felony conviction will no longer be excluded from CalFresh as long as the individual is in compliance with the terms of his or her probation or parole ACL 14100 632443 Excluded Members SSISSP Recipients or Ineligible Students The eligibility and monthly allotment of households containing individuals excluded for being an SSISSP recipient or ineligible student will be determined in accordance with the requirements for nonhousehold members Refer to Sections 47 below A Income The Income of the SSISSP recipient or ineligible student will not be used in the budget of the CalFresh household B Deductible Expenses If the excluded members shares allowable shelter CalFresh eligible household deduct the excluded members contribution from the applicable expense and the net amount is the CalFresh households allowable deduction If the contributed amount cannot be distinguished from the excluded members share eg pooled income the expense will be prorated among all members and only the eligible members share will be counted as the deduction If the excluded member does not contribute to the expense the household is allowed the entire expense as the deduction C Eligibility and Benefit Level These excluded members will not be included when determining the household size for the purposes of assigning a benefit level to the household comparing the households monthly income with the income eligibility standards or determining the categorical eligibility of the remaining household members Note An SSISSP recipient does not qualify the household to these unlimited excess shelter deductions unless the household includes another elderly or disabled household member who is not receiving SSISSP 632444 Notice of Action Timeline Requirement to Discontinue an Excluded Household Member A Excluded For Intentional Program Violation IPV When a household member is excluded because of an IPV disqualification and the households allotment is subsequently reduced or terminated notify the remaining members of their eligibility and monthly allotment at the same time the excluded member is notified of hisher disqualification County of San Diego Health and Human Services Agency HHSA CalFresh Program Guide Treatment of Income of Excluded NonHousehold Members Number Page 63244 3 of 4 The household is not entitled to a timely notice but may request a state hearing B Excluded For Work Sanction Or Disqualification When a household member is excluded for a work requirement sanction SSN disqualification ineligible alien status conviction of a drug felony or is a fleeing felon andor a probationparole violator and the households allotment is subsequently reduced or terminated issue a notice of action The notice will inform the household of the exclusion the reason for the exclusion the eligibility and monthly allotment of the remaining members and the actions the household must take to end the disqualification 632445 Income of NonHousehold Member The income of nonhousehold members will not be considered available to the household Cash payments from the nonhousehold member to the household will be considered income Vendor payments will be excluded as income 632446 Combined Household NonHousehold Earned Income In situations in which the earned income of one or more household members and the earned income of a nonhousehold member are combined into one wage the income of the household members will be determined as follows If the households share can be identified count that share as earned income to the household If the households share cannot be identified prorate the income among all those by whom it was earned and count the households prorated share as earned income to the household 632447 NonHousehold Member Sharing Expenses When a CalFresh eligible household members that lives with and shares allowable shelter andor dependent care expenses with a nonhousehold member deduct the nonhousehold members contribution from the appropriate expense and the net amount is the CalFresh households allowable deduction See 632386 632448 Benefits and Eligibility Determination Nonhousehold members will not be included when determining the households size for the purposes of determining a benefit level to the household comparing the households monthly income with the income eligibility standards or determining the categorical eligibility of the remaining household members The nonhousehold member will not be included when determining the households size for the purpose of assigning a benefit level to the household or comparing the households monthly income with the income eligibility standards Procedure None Other Programs Impacts For CalWORKs regulations refer to CPG Letter No 357 County of San Diego Health and Human Services Agency HHSA CalFresh Program Guide Treatment of Income of Excluded NonHousehold Members Number Page 63244 4 of 4 References ACL No 14100 CalFresh SN 1501 MPP 6350344 Sunset Date This policy will be reviewed for continuance on or by 10312018 Release Date 10162015