Item 00-04-02B

California Department of Social Services - State Hearings Division
Notes from the Training Bureau - April 20, 2000

Item 00-04-02B
CDSS ACL 00-07-- January 5, 2000 (Synopsis): Battered Noncitizen Eligibility in CalWORKs and Food Stamps

Reference: ACLs 98-65, 99-78; ACIN I-53-99

This ACL discusses eligibility of battered noncitizens for CalWORKs and food stamp benefits. Battered noncitizens are eligible for CalWORKs as PRUCOL (Permanently residing under color of law) if they have an INS document which indicates there is an approved or pending petition that sets forth a prime facie case that the person has been battered.

Battered noncitizens may be eligible for federally funded food stamps if they are "qualified aliens" and meet other food stamp requirements for noncitizens such as having a military connection, (e.g., be a veteran, be on active duty or be the spouse or child of a veteran or active military person) be lawfully in the U.S. on August 22, 1996 and currently under age 18, over age 65, blind or disabled.

This ACL describes certain types of petitions filed with the INS by noncitizens who have alleged they are battered by a spouse or parent. Specific requirements for federal eligibility include:

The noncitizen has an approved petition or pending petition from INS which sets forth a prime facie case that the petitioner has been battered; the noncitizen or parent or child has been battered in the U.S. by a spouse, parent or family member residing in the same household; there is a substantial connection between the abuse and the need for benefits; the noncitizen no longer resides with the batterer.