What is the Food Stamp Program?

The Food Stamp Program raises the levels of nutrition among low-income households by supplementing their food budget.

What is a Household?

A household can be one person living alone or living with others, or a group of individuals living together.

What is the Asset Standard?

A household with a member age 60 or older can keep $3,000 in countable assets. All other households can keep $2,000 in countable assets.

What is a Categorically Eligible Household?

1. Any household in which all members receive or are authorized to receive TANF Information and referral Services, or any household in which all members receive or are authorized to receive TANF and/or SSI is a categorically eligible household.

2. Categorically eligible household members do not have to meet the asset limits.

3. Non Categorically eligible household members must meet the asset limits.

Can Assets Be Transferred?

Non-exempt assets transferred to qualify for benefits within 3 months of applying or after found eligible will make the household ineligible. The household could be ineligible from 1 to 12 months.

What is the Income Standard?

The program looks at both gross income and net income. The makeup of the household determines if one or both apply.

What Are The Work Requirements?

All nonexempt individuals age 16 to 59 must:

• register for work
• accept reasonable offers of employment
• participate in employment or training programs
• not quit a job or reduce their work hours to less than 30 hours a week.

If the head of household refuses or fails without good cause to follow the requirements, the entire household is not eligible.

If any other member refuses or fails without good cause to follow the requirements, that person is not eligible.

In Addition, all nonexempt able-bodied adults age 18 to 50, without dependents, must work or participate in an approved work program 20 hours or more a week. Individuals who do not meet this requirement can only receive 3 months of food stamps every 36 months.

What are the Reporting Requirements?

The household must report all income and assets. It must also report changes in income, assets, household size, or residence. Any person found making a false statement or misrepresenting facts will not be eligible. Any person found committing fraud could have legal action brought against them.

Where Do I Apply?

Contact your county social service office for an application. You have a right to complete an application.

What If I Need Food Stamps Immediately?

When you apply, the program must determine if you can get food stamps immediately.

Households can receive food stamps within seven days if:

• Monthly gross income is $150 or less and liquid assets do not exceed $100.
• The liquid assets of a destitute migrant or seasonal farm worker do not exceed $100.
• Combined gross income and liquid assets are less than the monthly shelter costs.

Are There Notice Requirements?

The program must give a 10 day advance notice before the effective date of any action to reduce, end or suspend benefits. The notice must inform the household of the action taken and the reasons. It must inform the household of the right to appeal.

A household can continue to receive benefits if they appeal and request continued benefits within the 10 day notice period.

Can I Appeal a Decision?

Any member dissatisfied by any action that affects participation in the program can appeal. The appeal is a request for a hearing and must be in writing. The household has 90 days from the date of the notice to appeal.

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

May 2002
7 CFR Section 273
Published by Legal Services of North Dakota