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22. Social security number requirements

The need for a social security number

As a general rule, to get food stamps a person seeking benefits must have a social security number (SSN) or have applied for one, or have good cause for not applying for a SSN. [7 C.F.R. § 273.6(c); MPP § 63-404.4.]

In Bowen v. Roy, 476 U.S. 693 (1986), the Supreme Court decided that the food stamp office can use applicants’ and recipients’ social security numbers even if they object on religious grounds. In that case the Court was unable to decide if people with religious objections had to use social security numbers to apply for food stamps.

A court has held that the Privacy Act applies to the food stamp office’s use of social security numbers. State v. Hughes, 442 N.E.2d 786 (Ohio Ct. App. 1981).

All people in a household applying for food stamps must give the food stamp office their social security numbers (SSN). [7 C.F.R. § 273.6(a), MPP § 63-404.1. The County should not ask for SSN information for people in the household who are not seeking benefits for themselves. (See Tri-Agency Guidance and Q & A and the section about the proof needed to show eligibility for details regarding household members who do not have social security numbers.) The food stamp office must check the SSNs of everyone in the household with the Social Security Administration (SSA), unless the welfare department checked it in the past for a food stamp, CalWORKS, or Medi-Cal application . [7 C.F.R. § 273.2(f)(1)(v); MPP § 63-404.62.] The County cannot check the SSN of anyone not seeking benefits within a household.  (See Tri-Agency Guidance and Q & A.) The food stamp office cannot delay or deny food stamps while it waits to check a social security number. [7 C.F.R. § 273.2(f)(1)(v) MPP § 63-404.63.]

If the person is not sure if they have a social security number, or cannot remember it, have them contact Social Security. It may be that the person will have to reapply at Social Security for a social security number. [7 C.F.R. §§ 273.6(c), (d); MPP § 63-404.4, 404.5.]

Good cause to not apply for a social security number

Applicants without social security numbers (SSNs) must apply for one before they can get food stamps unless there is “good cause.” [7 C.F.R. § 273.6(b)(2); MPP § 63-404.3.] If the food stamp office finds good cause for not trying to get a social security number, an applicant can get food stamps for the first month and the next. [MPP § 63-404.52.] After that, the food stamp office will decide each month if good cause for not applying for a social security number continues. [MPP § 63-404.52.]

“A showing of good cause for not applying timely will allow the individual to participate for one month in addition to the month of application. For participation to continue, good cause for failure to apply must be determined at the end of each month of participation.” 51 Fed. Reg. 7191 (February 28, 1986). An otherwise eligible person should not be denied food stamps for failure to provide a social security number where that failure was for reasons beyond the applicant’s control. Cox v. Department of Health and Rehabilitative Services, 480 So.2d 149 (Fla.App. 1985).

“Good cause” means that the person tried to apply for a SSN but cannot do it yet. [7 C.F.R. § 273.6(d); MPP § 63-404.5.] For example, someone may have good cause if the Social Security office will not take the application because the person does not have proof of age and must send away for the birth certificate.

Applying for a social security number

The county welfare department should provide an application for a social security number which the person fills out and then takes to the local Social Security office. [MPP § 63-404.31.]

To get a SSN, a person needs to be able to show:

  • who they are;
  • their age; and
  • they are a U.S. citizen or have proper immigration “status.”

Non-citizens have to show proof of their immigration status. [7 C.F.R. 273.2(f)(1)(ii).] Applications for SSNs may be done by mail, but the county office may require that proof also be mailed. [7 C.F.R. § 273.6(d); MPP § 63-404.51.]

Getting a SSN application receipt

Social Security should give the person a receipt proving the application for a social security number was turned in. This receipt must be returned to the food stamp office. [7 C.F.R. § 273.6(b)(2)(ii); MPP § 63-404.51.] Once the receipt is submitted, the food stamp office will approve food stamps while the application for the SSN is processed. [7 C.F.R. § 273.6(d); MPP §§ 63-404.5, 404.34.] Once a person gets a SSN and the food stamp office has the new SSN, food stamp benefits should be paid. [7 C.F.R. § 273.6(e); MPP § 63-404.7.]

Effect of having no social security number

If a person does not have a social security number and does not apply, then the other people in the household with SSNs can get food stamps if otherwise eligible. (See Tri-Agency Guidance and Q & A.) Some of the income of the person excluded from the household because of his or her not having a SSN, and all that same person’s resources, will count towards the other people in the food stamp household. [7 C.F.R. §§ 273.6(c), 273.11(c)(2)(i) and (ii); MPP § 63-404.4, 503.442(a), (b).] (See the section of this guide about people who cannot get food stamps and how to count their income and resources, which explains this in greater detail.)

See related information in the section about the proof needed to show eligibility.