SNAP eligibility rules and benefit levels are generally set at the federal level and uniform across the nation, although states have flexibility to tailor aspects of the program.
General Eligibility Rules
Factors That Impact Eligibility
There are a number of factors that impact a household’s eligibility for SNAP
benefits, including:
- Monthly income (earned and unearned)
- Which household members are included/excluded in the SNAP case (non-citizens, students, etc.)
- Household composition (who purchases and prepares the majority of their meals together)
- Age of those applying
- Disability status of household members
Other factors that impact budgeting will be discussed in detail later in this guide.
Federal rules mandate that a household’s income and resources must pass three tests to determine benefit eligibility, but most NYS households must only pass one—an income test:
Gross monthly income—the household income before any of the program’s deductions are applied—must be at or below:
200% of federal poverty level (FPL) for households containing senior or disabled members or that have out-of-pocket dependent care costs;
150% FPL for households that have earned income, and do not meet the 200% FPL criteria; and
130% FPL for households that do not meet the criteria for 200% or 150% of FPL.
See the SNAP Standards & Deductions Reference Sheet for the full FPL chart.
In NYS the following income and resources are not tested for most applicant households:
- Net income—the household income after deductions are applied. Net Income must be at or below 100% of the FPL; and
- Assets—owned property regarded as having value. Assets must fall below certain limits. Households that include a member who is elderly or has a disability must have assets of $4,500 or less. Households without such a member must have assets of $3,000 or less.
Household Composition
Household composition is important when prescreening for SNAP eligibility because individuals included in a SNAP household must have their income included when determining eligibility and calculating the budget.
A SNAP household is defined as people who:
- Live together, and
- Purchase and prepare the majority of their meals together.
Reference Documents
Mandatory Household Members
Mandatory household members must be included in the SNAP household if they live in the same house, even if they do not purchase and prepare meals together. These include:
- Spouses
- Parents (natural, adoptive or step-parent) and their children under 22
- Children under 18 under parental control of a person other than a parent (see the Household Composition Guide for additional details)
Note: people who are not living together are not part of the same SNAP household, even if they are married or have other legal relationships to each other.
Rules for Those Not Considered Mandatory Household Members
People who are not considered mandatory household members can apply for SNAP as a separate household, as long as they purchase and prepare the majority of their meals separately.
If a person living in the same house or apartment with an applicant is not a member of the applicant’s SNAP household, that person’s income and resources are completely ignored.
See the Household Composition Guide for a step-by-step guide to determining household composition.
Boarders and Foster Care Youth
Boarder: Individual living with others and paying reasonable compensation to the others for meals and lodging. This does not include commercial boarding houses.
Boarders and foster care children may be either included in or excluded from the SNAP household of the landlord or foster parents, at the household’s option.
Boarder (Room and Meals):
- Not a mandatory member of the SNAP household, but may be considered to be a member of a household at the household’s request, (unless residing in a commercial boarding house).
- May never be a separate household under SNAP rules.
- The following can never be considered borders:
- Children under 22 years of age living with their parent(s), including step children.
- A spouse of a member of the household.
- Children under 18 years of age who are under the parental control of an adult member of the household including a sibling.
If a boarder(s) is included in the SNAP household:
- Direct payments to the household for room and meals are counted as self-employment income which is considered earned income.
Roomer (Room, No Meals):
- Not a mandatory member of the SNAP household, and may apply for SNAP as a separate household.
Shared Living (Pays a Share of Shelter Expenses):
- Not a mandatory member of the SNAP household, and may apply for SNAP as a separate household.
Foster Care Youth:
If a foster care child is:
- Included in the SNAP household, foster care income (in excess of allowable, verified, reimbursable expenses) is counted as unearned income.
- Excluded from the SNAP household, foster care income is exempt.
For more information see the LDSS-4314 Household Composition Desk Guide.
REFERENCE DOCUMENTS
Resources
Homeless Youth
SNAP regulations do not have an age requirement, in most cases, for homeless youth. Any homeless youth under the age of 22 can apply for SNAP as long as they are not residing with their parents and are not under “parental control” of another person. They do not need to be included in a parent’s SNAP case unless they live together. A homeless individual must apply as a household with the other people that they are living with if they regularly buy and prepare the majority of their meals together.
Reference Documents
Joint Custody
In joint custody situations, a child can only receive SNAP as part of one household in any given month.
In situations where both parents are seeking SNAP for the same child, the issue must be resolved between the parents.
SNAP offices should evaluate joint custody situations on a case-by-case basis and take into consideration factors such as parental control and court orders.
When deciding which SNAP household a child will be a part of, the amount of time the child spends with one parent in joint custody situations is not a determining factor.
A child will remain a member of a parent’s SNAP case unless the child no longer resides with that parent on a long-term basis (i.e., summer vacation lasting several months).
Special Rules for People Who Are Severely Disabled and Living With Others
A disabled individual who lives with others might not be able to purchase and prepare their meals because of a severe medical condition. However, that person may still be able to establish separate household status if they fit into one of two groups:
- The majority of the person’s meals are purchased and prepared separately from the people they live with.
- The majority of the person’s meals are not purchased and prepared separately, but the person is both elderly and disabled, and the income of their “housemates” (those purchasing and preparing the food for everyone) does not exceed 165% of the federal poverty level. See the SNAP Standards and Deductions Reference Sheet.
Applicants’ Responsibilities
SNAP applicants are required to participate in the application process in the following ways:
- Provide documentation of household circumstances, and
- An adult member of the household, or an authorized representative of the household, must participate in an interview to determine eligibility.
This guide will explain these concepts in detail.
