[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR273.1]

[Page 652-656]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 273_CERTIFICATION OF ELIGIBLE HOUSEHOLDS--Table of Contents
 
Sec.  273.1  Household concept.

    (a) General household definition. A household is composed of one of 
the following individuals or groups of individuals, unless otherwise 
specified in paragraph (b) of this section:
    (1) An individual living alone;
    (2) An individual living with others, but customarily purchasing 
food and preparing meals for home consumption separate and apart from 
others; or
    (3) A group of individuals who live together and customarily 
purchase food and prepare meals together for home consumption.

[[Page 653]]

    (b) Special household requirements.--(1) Required household 
combinations. The following individuals who live with others must be 
considered as customarily purchasing food and preparing meals with the 
others, even if they do not do so, and thus must be included in the same 
household, unless otherwise specified.
    (i) Spouses;
    (ii) A person under 22 years of age who is living with his or her 
natural or adoptive parent(s) or step-parent(s); and
    (iii) A child (other than a foster child) under 18 years of age who 
lives with and is under the parental control of a household member other 
than his or her parent. A child must be considered to be under parental 
control for purposes of this provision if he or she is financially or 
otherwise dependent on a member of the household, unless State law 
defines such a person as an adult.
    (2) Elderly and disabled persons. Notwithstanding the provisions of 
paragraph (a) of this section, an otherwise eligible member of a 
household who is 60 years of age or older and is unable to purchase and 
prepare meals because he or she suffers from a disability considered 
permanent under the Social Security Act or a non disease-related, 
severe, permanent disability may be considered, together with his or her 
spouse (if living there), a separate household from the others with whom 
the individual lives. Separate household status under this provision 
must not be granted when the income of the others with whom the elderly 
disabled individual resides (excluding the income of the elderly and 
disabled individual and his or her spouse) exceeds 165 percent of the 
poverty line.
    (3) Boarders. (i) Residents of a commercial boarding house, 
regardless of the number of residents, are not eligible to participate 
in the Program. A commercial boarding house is an establishment licensed 
to offer meals and lodging for compensation. It does not include any of 
the entities listed in paragraph (b)(7)(vii) of this section. In project 
areas without licensing requirements, a commercial boarding house is a 
commercial establishment that offers meals and lodging for compensation 
with the intent of making a profit.
    (ii) All other individuals or groups of individuals paying a 
reasonable amount for meals or meals and lodging must be considered 
boarders and are not eligible to participate in the Program 
independently of the household providing the board. Such individuals or 
groups of individuals may participate, along with a spouse or children 
living with them, as members of the household providing the boarder 
services, only at the request of the household providing the boarder 
services. An individual paying less than a reasonable amount for board 
must not be considered a boarder but must be considered, along with a 
spouse or children living with him or her, as a member of the household 
providing the board.
    (A) For individuals whose board arrangement is for more than two 
meals per day, ``reasonable compensation'' must be an amount that equals 
or exceeds the maximum food stamp allotment for the appropriate size of 
the boarder household.
    (B) For individuals whose board arrangement is for two meals or less 
per day, ``reasonable compensation'' must be an amount that equals or 
exceeds two-thirds of the maximum food stamp allotment for the 
appropriate size of the boarder household.
    (iii) Boarders must not be considered to be residents of an 
institution as outlined in paragraph (b)(7)(vii) of this section.
    (4) Foster care individuals. Individuals placed in the home of 
relatives or other individuals or families by a Federal, State, or local 
governmental foster care program must be considered to be boarders. They 
cannot participate in the Program independently of the household 
providing the foster care services. Such foster care individuals may 
participate, along with a spouse or children living with them, as 
members of the household providing the foster care services, only at the 
request of the household providing the foster care.
    (5) Roomers. Individuals to whom a household furnishes lodging for 
compensation, but not meals, may participate as separate households. 
Persons described in paragraph (b)(1) of this section must not be 
considered roomers.

[[Page 654]]

    (6) Live-in attendants. A live-in attendant may participate as a 
separate household. Persons described in paragraph (b)(1) of this 
section must not be considered live-in attendants.
    (7) Ineligible household members. The following persons are not 
eligible to participate as separate households or as a member of any 
household:
    (i) Ineligible aliens and students as specified in Sec.  273.4 and 
Sec.  273.5, respectively;
    (ii) SSI recipients in ``cash-out'' States as specified in Sec.  
273.20;
    (iii) Individuals disqualified for noncompliance with the work 
requirements of Sec.  273.7;
    (iv) Individuals disqualified for failure to provide an SSN as 
specified in Sec.  273.6;
    (v) Individuals disqualified for an intentional Program violation as 
specified in Sec.  273.16; and
    (vi) Residents of an institution, with some exceptions. Individuals 
must be considered residents of an institution when the institution 
provides them with the majority of their meals (over 50 percent of three 
meals daily) as part of the institution's normal services. Exceptions to 
this requirement include only the individuals listed in paragraphs 
(b)(7)(vii)(A) through (b)(7)(vii)(E) of this section. The individuals 
listed in paragraphs (b)(7)(vii)(A) through (b)(7)(vii)(E) can 
participate in the Program and must be treated as separate households 
from the others with whom they reside, subject to the mandatory 
household combination requirements of paragraph (b)(1) of this section, 
unless otherwise stated:
    (A) Individuals who are residents of federally subsidized housing 
for the elderly;
    (B) Individuals who are narcotic addicts or alcoholics and reside at 
a facility or treatment center for the purpose of regular participation 
in a drug or alcohol treatment and rehabilitation program. This includes 
the children but not the spouses of such persons who live with them at 
the treatment center or facility;
    (C) Individuals who are disabled or blind and are residents of group 
living arrangements;
    (D) Individual women or women with their children who are 
temporarily residing in a shelter for battered women and children; and
    (E) Individuals who are residents of public or private nonprofit 
shelters for homeless persons.
    (vii) Individuals who are ineligible under Sec.  273.11(m) because 
of a drug-related felony conviction.
    (viii) At State agency option, individuals who are disqualified in 
another assistance program in accordance with Sec.  273.11(k).
    (ix) Individuals who are fleeing to avoid prosecution or custody for 
a crime, or an attempt to commit a crime, or who are violating a 
condition of probation or parole who are ineligible under Sec.  
273.11(n).
    (x) Individuals disqualified for failure to cooperate with child 
support enforcement agencies in accordance with Sec.  273.11(o) or (p), 
or for being delinquent in any court-ordered child support obligation in 
accordance with Sec.  273.11(q).
    (xi) Persons ineligible under Sec.  273.24, the time limit for able-
bodied adults.
    (c) Unregulated situations. For situations that are not clearly 
addressed by the provisions of paragraphs (a) and (b) of this section, 
the State agency may apply its own policy for determining when an 
individual is a separate household or a member of another household if 
the policy is applied fairly, equitably and consistently throughout the 
State.
    (d) Head of household. (1) A State agency shall not use the head of 
household designation to impose special requirements on the household, 
such as requiring that the head of household, rather than another 
responsible member of the household, appear at the certification office 
to make application for benefits. When designating the head of 
household, the State agency shall allow the household to select an adult 
parent of children (of any age) living in the household, or an adult who 
has parental control over children (under 18 years of age) living in the 
household, as the head of household provided that all adult household 
members agree to the selection. The State agency shall permit such 
households to select their head at each certification action or whenever 
there is a change in household composition. The State agency

[[Page 655]]

shall provide written notice to all households at the time of 
application and as otherwise appropriate that specifies the household's 
right to select its head of household in accordance with this paragraph. 
The written notice shall identify which households have the option to 
select their head of household, the circumstances under which a 
household may change its designation of head of household, and how such 
changes must be reported to the State agency. If all adult household 
members do not agree to the selection or decline to select an adult 
parent as the head of household, the State agency may designate the head 
of household or permit the household to make another selection. In no 
event shall the household's failure to select an adult parent of 
children or an adult who has parental control over children as the head 
of household delay the certification or result in the denial of benefits 
of an otherwise eligible household. For households that do not consist 
of adult parents and children or adults who have parental control of 
children living in the household, the State agency shall designate the 
head of household or permit the household to do so.
    (2) For purposes of failure to comply with the work requirements of 
Sec.  273.7, the head of household shall be the principal wage earner 
unless the household has selected an adult parent of children as 
specified in paragraph (d)(1) of this section. The principal wage earner 
shall be the household member (including excluded members) who is the 
greatest source of earned income in the two months prior to the month of 
the violation. This provision applies only if the employment involves 20 
hours or more per week or provides weekly earnings at least equivalent 
to the Federal minimum wage multiplied by 20 hours. No person of any age 
living with a parent or person fulfilling the role of a parent who is 
registered for work or exempt from work registration requirements 
because such parent or person fulfilling the role of a parent is subject 
to and participating in any work requirement under title IV of the 
Social Security Act, or in receipt of unemployment compensation (or has 
registered for work as part of the application for or receipt of 
unemployment compensation), or is employed or self-employed and working 
a minimum of 30 hours weekly or receiving weekly earnings equal to the 
Federal minimum wage multiplied by 30 hours shall be considered the head 
of household unless the person is an adult parent of children as 
specified in Sec.  273.1(d)(1) and the household elects to designate the 
adult parent as its head of household. If there is no principal source 
of earned income in the household, the household member, documented in 
the casefile as the head of the household at the time of the violation, 
shall be considered the head of household. The designation of head of 
household through the circumstances of this paragraph shall take 
precedence over a previous designation of head of household at least 
until the period of ineligibility is ended.
    (e) Strikers. Households with a striking member are not eligible to 
participate in the Program, unless the household was eligible for 
benefits the day before the strike and is otherwise eligible at the time 
of application. A striker must be anyone involved in a strike or 
concerted stoppage of work by employees (including a stoppage by reason 
of the expiration of a collective-bargaining agreement) and any 
concerted slowdown or other concerted interruption of operations by 
employees. Any employee affected by a lockout, however, must not be 
deemed to be a striker. Further, an individual who goes on strike but is 
exempt from work registration under Sec.  273.7(b) the day before the 
strike, other than those exempt solely on the grounds that they are 
employed, must not be deemed to be a striker. Also, persons such as 
truck drivers who cannot do their jobs because the strike has left them 
with nothing to deliver, and employees who are not part of the 
bargaining unit and do not want to cross the picket line for fear of 
personal injury or death, must not be deemed to be strikers.
    (1) Pre-strike eligibility must be determined by considering the day 
prior to the strike as the day of application and assuming the strike 
did not occur.
    (2) Eligibility at the time of application must be determined by 
comparing the striking member's income before

[[Page 656]]

the strike to the striker's current income and adding the higher of the 
two to the current income of non-striking members during the month of 
application. If the household is eligible, the higher income figure must 
also be used in determining the household's benefits.

[Amdt. 132, 43 FR 47889, Oct. 17, 1978]

    Editorial Note: For Federal Register citations affecting Sec.  
273.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.