TABLE OF CONTENTS
What is the Food Stamp Program?
What
can I buy and not buy with my Food Stamp card?
Who
is eligible for Food Stamps?
How
is eligibility determined?
What is a food stamp household?
How many assets can I have and still get food
stamps?
How much income can I have and still get food
stamps?
If I am eligible, how much will my family get in the program?
What if I am already receiving benefits, but my EBT card has been lost or
destroyed?
What
if I need emergency Food Stamps?
How do I know if I am eligible for expedited
Food Stamps?
What verification do I need for expedited
Food Stamps?
Do
I have to meet any other eligibility requirements?
How
long do expedited food stamp benefits last?
If
I do not qualify for expedited food stamps, can I still get regular food
stamps?
What are the food stamp work requirements and
who must comply with them?
What
if FSD tells me I’m not eligible, or I don’t get the
amount of stamps that I think I should?
The Food Stamp Program gives people with low
income help with buying food. Each month people are given food stamp benefits
in a food stamp account. The program gives them an EBT card, like a debit card
from a bank, which they can use to buy food. You do not have to live with
children, be on welfare, or be elderly or disabled to get food stamps. Many
people work and get food stamps.
To apply for
Food Stamps, call or visit the Family Support Division—FSD—office in the county
where you live. The Family Support Division
must either take your application
or mail you the application form on the day you contact the food stamp office.
Be sure to complete and turn in your application as soon as possible. The
sooner you apply, the more food stamps you will get in
the first month.
The Family Support Division has 30 days to
process your application. They will want to verify your:
§
Income
§
Assets
§
Expenses
§
Employment
§
Proof of any other income
§
Rent or mortgage payments
§
Utility bills
§
Child care bills
§
Child support orders (the court
order and cancelled checks).
While the Family Support
Division may accept your statement about some expenses, be prepared for the
Family Support Division worker to ask you for documents that show that you pay
for rent or mortgage, utilities and child care.
You will also be asked about your immigration
status and for your social security number and driver’s license or state
identification card.
If you are denied benefits, you may appeal by
requesting a hearing from your caseworker at the Family Support Division within
90 days of the denial.
You can use your food stamp card to buy food
at most grocery stores and supermarkets. You can buy almost all foods with food
stamps.
However, food stamps cannot be used to
purchase hot foods or hot food prepared for immediate consumption, like food
from grocery store salad bars.
In some cases, an eligible household with a
member who is at least 60 years old and his or her spouse may use food stamp
benefits to pay for home-delivered meals and other meals prepared especially
for elderly persons.
You cannot use your food stamp card to buy
tobacco, soap, toothpaste, paper products, pet food, alcohol, or other non-food
products.
Each time you buy food with your card, the
cost is deducted from your food stamp account. Your account balance will be on
your receipt.
Applicants for food stamps must live in the
county in which they are applying for benefits. Also, applicants must be
residents of the
·
a
·
a
·
a
Cross-border Native American.
·
a Hmong, Laotian Highlander.
·
an
individual who is both a qualified immigrant and an eligible immigrant.
If you are not a
Eligibility is determined based on a
“household’s” income and resources. The combined monthly income of all
household members after deductions may not be greater than the program’s income
limits. Since the program aids low-income households, the higher your income,
the fewer food stamp benefits you will receive.
You apply for food stamps as a household. A
household can be a person living alone, or a group of
people living together—whether or not they are related—who buy and cook meals
together. There can be more than one food stamp household living under the same
roof.
However, certain household members must be part of the same food stamp household; these
households are called mandatory food stamp
households.
Mandatory food stamp household members are:
§
Spouses
§
Parents
§
Children under 22 years old
§
Children, except foster children,
under age 18 who are under the parental control of a person other than their
parents who is exercising parental control. For example, grandparents may apply
for grandchildren in their care, even if they do not have “legal” custody.
Your eligibility for food stamps will be
based on the income and assets of the members of your household. Households
with a disabled member or a member age 60 or older may have up to $3,000 worth
of assets and still qualify for food stamps. Other households may have up to
$2,000.
What is an “asset”? Assets are money or
property which can be used to provide for your support. This includes things
like cash, bank accounts, investments, and the cash value after penalty payment
of a Keogh or IRA. Assets also include real and personal property, boats, land,
buildings and other valuable property.
Assets owned by a household member receiving
Temporary Assistance, Supplemental Security Income—SSI, or other special
support services are not included.
Some assets don’t count in determining
whether you can get food stamps. You can have certain assets and still get food
stamps, including but not limited to:
§
Your home and the land it sits on
if it is providing primary shelter for you.
§
All vehicles, personal belongings
and household furnishings.
§
One burial plot for each household
member.
§
The cash or face value of life
insurance and pension funds.
§
Tools, equipment, livestock,
buildings and other things you use to make money.
To decide whether you can get food stamps and
how much you will get, the Family Support Division will count the income in
your household.
Some of your income may not count at all,
such as:
§
Loans you receive
§
Lump sum payments you receive
§
Energy assistance payments
Some expenses will be deducted from your
income in determining the amount of food stamps that you will get, such as:
§
Rent or mortgage payments.
§
Child care expenses.
§
Utilities—
Caution:
The Family Support Division does not deduct the actual amount of utility
expenses you pay. Instead it deducts a standard utility allowance—SUA—currently
set at $252 a month.
If there is a disabled or elderly household
member who has medical expenses that exceed $35 per month, then the Family
Support Division may deduct those expenses.
If you or a household member receives SSI or
Temporary Assistance then you are automatically eligible for food stamps, but
the amount you get will depend on your situation.
|
If I am Eligible, How Much
Will my Family Get in the Program? |
The monthly value of your food stamps depends
upon your household size, income, assets, and expenses. The federal
administrator of the food stamp program annually issues a table
you can use to figure out how much you can get in food stamps.
|
What If I am Already
Receiving Benefits, but my EBT Card Has Been Lost, Stolen or Destroyed? |
Contact your Family Support Division
caseworker immediately to report this. Your benefits will be replaced as long
as you report your lost, stolen or destroyed card immediately. Your caseworker
will ask you to complete a Replacement Request form. This form must be returned
to the Family Support Division within 10 days of the date you reported the card
lost or stolen .
The Family Support Division must process your
replacement benefits within 10 days of the report of the lost card, or within 2
days of receiving your completed form, whichever is longer.
Be aware that the Family Support Division can
deny the replacement of an EBT card if the household’s request for replacement
appears to be fraudulent. The Family Support Division must inform the household
of the denial and the reason for the denial. The household has the right to
request a hearing to appeal the denial or delay in issuing a replacement card.
Expedited (emergency) food stamps are
available to very needy persons within seven calendar days of application. The
expedited process is part of the regular food stamp program application
process. All applicants who are not already receiving food stamps in the month
they apply will be screened for expedited benefits.
To be eligible for expedited Food Stamps, you
must show one of the following:
4
You or your household
have no more than $150 in monthly income before taxes, and liquid
resources less than $100.
4
Your basic shelter and utility
expenses are greater than your present income and liquid resources combined.
4
You are a destitute migrant or
seasonal farm worker with liquid assets less than $100.
You will only be required to verify your
identity.
|
Do I Have to Meet any
Other Eligibility Requirements for Expedited Food Stamps? |
As with regular food stamps, you will be
asked for verification of your immigration status, your social security number,
your income and your expenses at the time you apply. However, you will be
eligible for expedited food stamps within seven days after you apply even if
all of the verification cannot be obtained.
You can only get expedited food stamps for
one month. After that, you will have to produce verification of your
immigration status, social security number, income and expenses, in order to
continue to be eligible.
|
If
I do Not Qualify For Expedited Food Stamps, Can I Still Get Regular Food
Stamps? |
Yes. The Family Support Division must process
your food stamp application within thirty days and mail you a written decision
stating whether you are eligible and the amount of benefits to which you are
entitled. If you are denied benefits or you do not receive them within
forty-five days of your application, and you believe you are entitled to them,
you can call your
nearest Legal Services office for possible legal representation.
|
What
are The Food Stamp Work Requirements and Who Must Comply with Them? |
Even if your income and assets are low enough
to be eligible, you may have to register for work to get food stamps. Work
registration is required for those ages 16-60. You may also have to participate
in an education and training program. You may also be penalized if you quit a
job or refuse to take a suitable job that the food stamp office finds for you.
There are several exceptions to the work
requirements. Some of the exceptions are:
§
Physical or mental disability.
§
Age—under 18 or over 50.
§
You are taking care of a child
under age six or a household member who is ill.
§
Participating in substance abuse
treatment.
§
Lacking child care or
transportation.
§
Being in the second or third
trimester of pregnancy.
Speak with the Family Support Division at the
time you apply to determine whether you meet one of the exceptions.
|
What
If They Tell me I’m not Eligible, or I Don’t Get the Amount
of Stamps that I Think I Should? |
If you disagree with any decision the Family
Support Division makes about your food stamps, you can ask for a fair hearing.
You will get a written notice from the Family
Support Division telling you how much you are eligible for, or that you are not
eligible. You will also get a notice any time the Family Support Division plans
to change your food stamps.
If you disagree with what they say, you have
90 days from the date of this notice to ask for a fair hearing. If your food
stamps are being cut, you can stop the cut in benefits until there is a
decision from a fair hearing by asking for a hearing within 10 days. Contact
your caseworker at the Family Support Division to request a hearing.
A fair hearing is an informal meeting between
you, your worker and an impartial hearing officer. You have a right to be
represented at your fair hearing by anyone you choose. If you want legal help
with your fair hearing, contact
your regional Legal Services office.
More food stamp information
can be found at the Department of Social Services website.
To see if you might qualify for food stamps,
a prescreening
tool for the food stamp program is available from the federal
program administrator.
Notice
This material
was prepared by Missouri Legal Services lawyers. April, 2004.
Sometimes the
laws change. We cannot promise that this information is always up-to-date and
correct. If the date above is not this year, call us to see if there is an
update.
We provide
this information as a public service. It is not legal advice. By sending you
this information, we are not acting as your lawyer. Always consult a lawyer, if
you can, before taking legal action.
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