MR #23.11 Waiver Expired - SNAP Eligibility Ended for all Residents in Supportive Living Facilities Effective 01/01/2023 and a Miscellaneous Student Policy Update

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03/01/2023

Obsolete policy memo: SNAP Eligibility Ends for all Customers Residing in Certain Supportive Living Facilities (SLF) Effective 12/31/2022, dated 12/12/2022.

Summary

Eligibility for the Supplemental Nutrition Assistance Program (SNAP) has ended for all residents residing in Supportive Living Facilities (SLFs). The Food and Nutrition Service (FNS) waiver that allowed these residents to qualify for SNAP expired December 31, 2022 and will not be extended.
Effective 01/01/2023, any customer residing in a SLF is considered a resident of an institution that provides the majority of the resident's meals as part of its normal service (PM 04-05-04).
The Office of Long Term Care - Medical Field Offices (MFOs) handled all SNAP applications filed by SLF residents and was responsible for processing all initial and pending applications received through December 31, 2022. SNAP benefits were only approved for the application month through December 31, 2022, if all eligibility factors were met.
The Integrated Eligibility System (IES) centrally canceled SNAP benefits of active customers residing in a SLF effective 01/01/2023 and generated Notice of Decision (Form IL444-360c) that was mailed upon cancellation with the denial reason: The applicant is considered a resident of an institution (PM 04-05-04).
A client notice (CN 21.12), Eligibility for the Supplemental Nutrition Assistance Program (SNAP) Ending for Supportive Living Facility (SLF) Residents (pdf) was also mailed to provide more details on the reason for the cancellation.
For initial applications and redeterminations (REDEs) filed on January 1, 2023 and after, eligibility for SNAP does not exist for any customer residing in a SLF. The application should be denied. IES will generated Form IL444-0360c to mailed to the applicant with the denial reason: The applicant is considered a resident of an institution (PM 04-05-04).
This manual release removes the Supportive Living Facilities (SLFs) PM/WAG (05-11) sections and any related policy sections in PM/WAG 04-05-04 and PM/WAG 13-01-08-a on SNAP from the Cash, SNAP and Medical Manual.
PM/WAG 13-01-08-a is updated with additional policy on allowable dormitory costs for students of higher education which will be included in the currently circulating manual release, Are Dormitory Costs Paid by Eligible Students of Higher Education an Allowable Shelter Expense for SNAP?

Effective 01/01/2023, residents who qualified for the Supplemental Nutrition Assistance Program (SNAP) in certain Supportive Living Facilities (SLFs) under a Food and Nutrition Service (FNS) waiver are no longer eligible to participate in the program. Any customer residing in a SLF is considered a resident of an institution that provides the majority of the resident's meals as part of its normal service (PM 04-05-04).

Background - SNAP Eligibility of Illinois SLF Residents

On December 19, 2019, Food and Nutrition Service (FNS) approved a limited waiver to protect the status quo of residents living in already approved SLFs in Illinois. The protected status allowed these residents to continue to receive benefits and not be considered residents of an institution for SNAP eligibility purposes.
On December 31, 2020, FNS extended the waiver and IDHS was permitted to continue to certify these residents for SNAP as long as all other eligibility requirements were met. The waiver was set to expire on December 31, 2021. But due to the passing of federal legislation, H.R. 6119, Further Extending Government Funding Act, Section 158 of Division A - Further Continuing Appropriation Act, 2022, eligibility for these residents was extended to February 18, 2022.
An additional extension was provided under HR. 6617, Further Additional Extending Government Funding Act 2022 through March 11, 2022.
In a continued effort to protect the status quo and ensure food security for these elderly and disabled SNAP households, H.J. Res. 75, 117th Cong. (2022) (enacted), signed into law on March 11, 2022, amended Section 106(3) of the Continuing Appropriations Act, 2022 (Division A of Pub. L. 117-43) and extended the limitation clause in Section 9(i)(2) of the Food and Nutrition Act of 2008 from March 11, 2022, to March 15, 2022. At this time, IDHS' waiver was extended to March 15, 2022. Then on March 15, 2022, the Omnibus Appropriations Bill was signed into law and provided for an additional extension through December 31, 2022.
The Food and Nutrition Service waiver that allowed residents in certain SLF facilities to qualify for SNAP expired on December 31, 2022. Effective 01/01/ 2023, all residents living in a SLF are considered residents of an institution and do not qualify for SNAP benefits.

Office of Long Term Care - Medical Field Offices (MFOs)

Initial and Pending SNAP Applications Received by 12/31/2022

The Office of Long Term Care - Medical Field Offices (MFOs) handled all SNAP applications filed by SLF residents and was responsible for processing all initial and pending applications received through December 31, 2022. SNAP benefits were approved for the application month through December 31, 2022, if all other eligibility factors were met.

Active SLF SNAP Households

The Integrated Eligibility System (IES) centrally canceled SNAP benefits received by active customers residing in a SLF effective 01/01/2023 and generated Notice of Decision (Form IL444-360c). The notice was mailed upon cancellation with the denial reason: The applicant is considered a resident of an institution (PM 04-05-01).

A client notice, Eligibility for the Supplemental Nutrition Assistance Program (SNAP) Ending for Supportive Living Facility (SLF) Residents (CN 21.12) was also mailed around 12/12/2022 to the affected SLF residents participating in the program. CN 21.12 provided more details to residents on why they no longer qualify for SNAP.

SLF SNAP Applications Received January 1, 2023 and After

The MFOs will continue to take action on SNAP applications filed by an SFL resident. A SNAP application filed by a resident of a SLF on January 1, 2023 and after should be denied. IES will centrally generate Form IL444-0360c to mail to the applicant with the denial reason: The applicant is considered a resident of an institution (PM 04-05-04).

Obsolete Manual Releases

The following manual releases are also obsolete:

MR #21.21: Change in SNAP Eligibility for Residents of Certain Supportive Living Facilities, dated 09/09/2021.
MR #21.28: Extension of SNAP Eligibility for Residents of Certain Supportive Living Facilities, dated 12/30/2021.
MR #22.04: SNAP Eligibility for Residents in Certain Supportive Living Facilities Extended to March 11, 2022, dated 03/05/2022.
MR #22.15: SNAP Eligibility for Residents in Certain Supportive Living Facilities Extended to December 31, 2022, dated 08/02/2022.

Dormitory Costs and Students of Higher Educations

PM/WAG 13-01-08-a is updated with additional policy on allowable dormitory costs for students of higher education which will be included in the currently circulating manual release, Are Dormitory Costs Paid by Eligible Students of Higher Education an Allowable Shelter Expense for SNAP?

An eligible student of higher education who pays for their own dormitory costs may claim the expense as a shelter expense deduction for SNAP if the dormitory costs are solely for shelter and does not include meal fees as part of the costs. Verification is not required, unless it is questionable that the student pays their own dormitory costs and if meals are separate from the costs. Workers should not routinely request verification. It is important that a thorough interview be conducted with the SNAP household to discuss the student's living and meal arrangement with the school. If it becomes necessary to verify, the student may provide their dormitory/meal contract, proof from the school, or any other verification that shows proof of their dormitory/meal arrangement.