Income (and deductions) of ineligible immigrants in mixed households and nonhousehold members

In some households, some people are eligible for CalFresh benefits while others are not because they are immigrants who do not fit into one of the eligible non-citizen categories.

In these cases, the CalFresh office will include the income (and deductible expenses) of the ineligible non-citizens on a pro rata basis. [MPP § 63-503.442(b).] The pro rata share is calculated by first subtracting the allowable exclusions from the excluded member’s income and dividing the remaining income evenly among the household members, including the excluded members. [Id.] All but the excluded member’s share is counted as income for the remaining household members. [MPP § 63-503.442(b).]

The earned income deduction applies to the excluded member’s earned income that counts against the eligible household members. [MPP § 63-503.442(c)(1).]

If the excluded member pays all of the household’s allowable shelter or dependent care expenses, only the eligible members’ pro rata shares will be deducted. [MPP § 63-503.442(c)(2).] If the excluded member pays for part of the shelter and dependent care costs and the amount contributed by the excluded member is known, only the amount paid by the eligible members is deducted. [MPP § 63-503.442(c)(3).] If the amount contributed by the excluded member cannot be differentiated, then only the eligible members’ pro rata shares will be deducted. [MPP § 63-502.373(b).] The standard utility allowance (SUA) is not prorated. [7 C.F.R. § 273.9(d)(6)(iii)(F); MPP § 63-502.373(b).]