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How does DTA count my income if I live with other people and I am an ineligible ABAWD?

We are in the process of updating the SNAP Advocacy Guide, so some of the information is no longer current. In the meantime, you can read or download a PDF of the 2023 guide from www.masslegalservices.org/FoodStampSNAPAdvocacyGuide

Produced by Patricia Baker and Victoria Negus, Massachusetts Law Reform Institute
Reviewed January 2020

If you are a member of a SNAP household – but are not meeting the ABAWD work rules – DTA will take you off the SNAP grant. If you have any income, DTA should only count a portion (pro-rated share) of your income against the rest of your household. 7 C.F.R. § 273.11(c)(2)(ii).

Example

Mary is 21 and lives with her mother. She is an ABAWD who has a very part time job earning $150 per week. Her employer won’t give her 20 hours per week, so DTA stops her portion of her SNAP benefits in April. DTA should also count only one half ($75) of Mary’s income against her mom.

Note:

At the time this Guide goes to print in January 2020, DTA does not follow federal law and incorrectly counts all of the income of ineligible ABAWDs living with eligible SNAP members, versus just the pro-rated share.

Please call MLRI if an ABAWD’s income was improperly counted. DTA may owe retroactive SNAP benefits.