Section 803 - Treatment of Children Living at Home

Q. Do the exceptions for the elderly and disabled and siblings remain in place?

A. These exceptions were deleted by the Leland legislation. However, the provision that allows a person who is elderly and so disabled that he or she is unable to prepare meals, and the person's spouse, to be a separate household provided that the income of the others with whom the individual resides does not exceed 165 percent is still in place.

Q. If a child under 22 who is living with a parent who does not want to participate or will not cooperate, for example the parent will not provide income information, can the child be certified without the parent?

A. No. The law does not allow parents and children under 22 who are living with them to be separate households. Therefore, the household is ineligible until such time as the parent cooperates.

Q. Does Section 803 eliminate the parental control element when determining household composition?

A. No, but parental control does not apply to natural, adopted, or step-children. Natural, adopted, and step-children under 22 who are living with a parent must now be included as a member of the parent's households even if they are living with a spouse or child and they purchase and prepare meals separately. Unrelated children under 18, other than foster children, who are under the parental control of a household member must be included as a member of the household even if they purchase and prepare meals separately.

Q. Can a person under the age of 18, who does not live with his or her parent, receive food stamp benefits in his/her own home?

A. Yes.

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