FRAC Special Analysis

Food Stamp Program Rules for the Elderly

Following are some examples of specific Food Stamp Program rules that apply to the elderly (people 60 years or older) that help increase the elderly's access and benefit levels.

Elderly Households: Generally, all persons who live together and purchase and prepare meals together are grouped together by the food stamp program as one household. 7 C.F.R. § 273.1(a)(3). However, there are special rules for elderly people who would like to be considered a separate household, but are unable to purchase and prepare meals separately because of a permanent disability. In this case, the elderly person and his or her spouse may qualify as a separate food stamp household as long as the others they live with do not have an income greater than 165% of poverty. 7 C.F.R. § 273.1(b)(2). By applying as a separate household, the elderly person and his or her spouse may become eligible for food stamp benefits or receive a greater benefits allotment. The elderly person and his or her spouse may not be eligible for benefits or may receive a lower amount of benefits if grouped with the rest of the household.

Assisted Living: Most people are not eligible for food stamps if they receive their meals at a facility like a nursing home. However, residents of federally subsidized housing for the elderly may be eligible for food stamps, even though they receive meals at the facility. 7 C.F.R. § 273.1(b)(7)(vii)(A).

Resource Limits: A household with an elderly member may have up to $3,000 in resources and still be eligible for food stamps. 7 C.F.R. § 273.8(b). A household without an elderly member may only have up to $2,000 in resources. 7 C.F.R. § 273.8(e)(2). Resource such as a home, lot, pension fund, or burial plot are not counted for any applicant. 7 C.F.R. § 273.8(e)(2). The resources of household members who get SSI or Public Assistance are also not counted for any applicant. 7 C.F.R. § 273.8(e)(17).

There are also special rules for vehicles. If a vehicle is needed to transport a physically disabled household member, its value is not counted. 7 C.F.R. § 273.8(e)(3)(i)(E). There are also other rules under which states can allow ownership of a reliable vehicle.(fn1)

Income Limits: A household with one or more elderly members only has to meet the net income test (gross income minus certain deductions). Most households have to meet both monthly gross and net income tests. Households in which all members are receiving SSI or certain TANF benefits are also generally considered to be eligible based on income, without meeting the gross and net income test. 7 C.F.R. § 273.2(j).

Medical Deduction: For an elderly household member, allowable medical costs that are more than $35 a month (unless an insurance company or someone who is not a household member pays for them) may be deducted from income in determining food stamp eligibility and amount of benefits. Allowable medical costs include most medical and dental expenses, such as doctor bills, prescription drugs and over the counter medication when approved by a doctor, dentures, inpatient and outpatient hospital expenses, and nursing care. They also include other medically related expenses, such as certain transportation costs, attendant care, and health insurance premiums. The costs of special diets are not allowable medical costs. Proof of medical expenses and insurance payments is required before a deduction for these expenses may be allowed. 7 C.F.R. § 273.9(d)(3). In FY 1999, 14 percent of households with elderly members took the medical deduction, averaging $114 per month.(fn 2) Many advocates believe that many more elderly people are eligible for the medical deduction but do not utilize it because they don't know about it or because it is burdensome to provide verification.

Shelter Deduction: A household with an elderly member may, in determining eligibility and benefits, deduct from income all shelter costs over half of the household's income after other deductions. For households without an elderly member, there is a cap on the amount of excess shelter costs that may be deducted. Allowable shelter costs include rent or mortgage, taxes, interest, and utilities like gas, electricity and water. 7 C.F.R. § 273.9(d)(6)(ii). In FY 1999, 60 percent of households with elderly people took an excess shelter deduction at an average monthly deduction of $203. Households without elderly people which took a shelter deduction had an average deduction of $180.(fn 3)

Applying for Benefits: The state agency must establish procedures that best serve households, including those with special needs, such as households with elderly or disabled members. Food Stamp Program, 65 Fed. Reg. at 70194 (November 21, 2000) (to be codified at 7 C.F.R. § 273.2(a)(1)). Elderly individuals who are unable to go to the food stamp office may have another person ("the authorized representative") apply and be interviewed on their behalf, and purchase their food with their food stamps or EBT card. The authorized representative must be designated in writing. 65 Fed. Reg. 70199 (November 21, 2000) (to be codified at 7 C.F.R. § 273.2(n)).

Waiver of Face-to-Face Interview: The state agency must notify households that it can waive the generally required face-to-face interview in the eligibility process, in favor of a telephone interview, on a case-by-case basis because of household hardship situations, such as having elderly or disabled household members. 65 Fed. Reg. at 70194 (November 21, 2000) (to be codified at 7 C.F.R. § 273.2(e)(2)).

Certification Periods: If all adult household members are elderly or disabled, the state may assign the household a 24-month certification period. The state agency must have at least one contact with each household every 12 months, but may use any method it chooses for this contact. 65 Fed. Reg. 70199 (November 21, 2000) (to be codified at 7 C.F.R. § 273.10(f)(1)). Increasing the length of certification periods and not requiring a face-to-face interview each year makes it easier for elderly people to stay enrolled in the Food Stamp Program. In FY 1999, the average certification period for households with elderly members was 12.9 months, as compared to an average of 9.7 months for households without elderly members.(fn 4)

Notice When Applying for SSI: SSI applicants and recipients must be informed of the availability of food stamp benefits, and assisted in applying for food stamp benefits, when applying for benefits at the Social Security Agency (SSA). 7 C.F.R. § 273.2(k).

Prepared by FRAC 9/14/01. Please contact Sonya Schwartz, FRAC's NAPIL Fellow, with any questions at sschwartz@frac.org or (202) 986-2200 x 3025.

Footnotes:
1. Under a new law that will be effective on July 1, 2001, states have the option to conform the food stamp vehicle asset limit with the vehicle limit that the state has established in a TANF assistance program (so long as the TANF limit used is not more restrictive than the food stamp limit). The final Food Stamp Program Regulations contain a summary of vehicle rules and options. See Food Stamp Program, 65 Fed. Reg. 70141 (November 21, 2000). Please contact Ellen Vollinger at FRAC for information on this and other vehicle rules and options.
2. USDA, Characteristics of Food Stamp Households Fiscal Year 1999 (December 2000), p. 42-43.
3. Id.
4. Id. at 51.