(a) Definition of a striker. A striker is defined as 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. Households with one or more members on strike are ineligible unless the household was eligible for food benefits the day prior to the strike and are otherwise eligible at the time of application. For households receiving food benefits or households eligible before the strike, benefits are not increased as a result of loss of income from the striking members.
(b) Persons not considered strikers. Persons not considered strikers who are eligible for program participation are employees:
- (1) whose workplace is closed by an employer in order to resist the demands of the employees;
- (2) unable to work as a result of striking employees;
- (3) not wanting to cross a picket line due to fear of personal injury or death; or
- (4) who are exempt from the work registration requirement the day before the strike for reasons other than employment.
(c) Determine income. When a household makes application and a member is on strike, eligibility at the time of application is determined by comparing the striking member's income the day before the strike to the striker's current income. The higher of the two is the income that is used for the striking member. This income is added to other household members' income and the usual deductions are allowed. A household member participating in the Supplemental Nutrition Assistance Program (SNAP) the day prior to the strike who reports a loss of income due to the strike has income determined the same as for an applicant on strike.
(d) Other certification processes. Striking members must register for work unless otherwise exempt.
- (1) Households containing one or more persons on strike from their place of employment are not certified for a period of more than one month if the household is certified before the 15th day of the month of application. Otherwise, the maximum certification period must be for two months. • 1
- (2) Application forms must be:
- (A) supplied when requested;
- (B) accepted when they are presented; and
- (C) certified or denied within 30 calendar days after receipt.
- (3) Persons and organizations who are parties to a strike, or their facilities, may not be used in the certification process except as a source of verification for information supplied by the applicant.