(Revised 01/01/04 ML2893)
Qualifying quarters of coverage are determined by using the amount of earnings received by an individual (or their spouse or parents) for employment or self-employment income on which Social Security taxes must be paid. Individuals are credited a maximum of four quarters per year by the SSA. If an alien earns the 40 quarters of coverage prior to applying for SNAP in that same quarter, the worker must allow that quarter toward the 40 qualifying quarters total.
Qualifying quarters of work not covered by Title II of the Social Security Act may be credited in determining eligibility. The mechanism used by SSA for calculating the amount of wages necessary to obtain a quarter of coverage is used, not the limitations on the types of employment in which the wages may be earned.
An alien must have earned 40 quarters of credit unless their spouse or parents can share quarters with them. Once the alien is credited with 40 qualifying quarters, non-citizen eligibility requirements have been met even though the individual is no longer employed.
Any quarters earned from January 1997 and later must not be credited to an individual who received TANF, SNAP, Medicaid, or SSI (this includes benefits received in another state) in any month during that quarter. The worker must evaluate quarters of coverage and receipt of Federal means-tested programs on a calendar year basis.
Spousal Quarters
Spousal quarters of work earned by each spouse during their marriage, separation, or while holding themselves out to the community as husband and wife can be credited to each other. Quarters earned prior to the marriage cannot be credited. Quarters from a deceased spouse are credited to the surviving spouse. Qualifying quarters may be credited to a non-citizen spouse even if the individual employed is a U.S. citizen. The only time quarters are removed is if an individual received quarters from a spouse and they divorced or no longer hold themselves out to the community as husband and wife. If the spouses divorce or no longer hold themselves out to the community as husband and wife, eligibility continues until the household’s next review.
The same quarter may be applied to more than one individual.
Examples:
- Jim and his wife, Janet, are aliens lawfully admitted for permanent residence. Jim has 25 qualifying quarters of employment, and Janet has ten qualifying quarters. Jim and Janet are not eligible because they individually or together do not have 40 quarters. (Jim has 25 + 10 from Janet = 35, Janet has 10 + 25 from Jim = 35.)
- Jim and his wife, Janet, are aliens lawfully admitted for permanent residence. Jim has 35 qualifying quarters of employment, and Janet has 15 qualifying quarters. Jim and Janet are eligible because together they have at least 40 quarters. (Jim has 35 + 15 from Janet = 50, Janet has 15 + 35 from Jim = 50)
Parents/Children Quarters
The quarters of income earned by a natural, adoptive or stepparent, including a deceased parent, are credited as follows:
- Qualifying quarters earned by parent(s) are credited:
- To children under age 18.
- If earned prior to the child's birth.
- Through the quarter the child turns 18.
Qualifying quarters credited to a child cannot be taken away unless parental rights are terminated.
Quarters earned by parents while a child was under age 18 are credited to a child no matter what age the child may be.
Example:
A 23 year old may be credited with his parents’ quarters earned while he was under the age of 18.
- Qualifying quarters earned by adoptive parent(s) are credited as follows:
- From the date the adoption occurred.
- Through the quarter the child turns 18.
Quarters from the biological parent(s) are not allowed when the adoption becomes final.
- Qualifying quarters earned by a stepparent are credited as follows:
- From the quarter of the marriage of the stepparent as long as the marriage occurred before the child attained age 18.
- Through the quarter the child turns age 18.
- Are not credited if the 40 quarter determination is made after a divorce or annulment.
- Quarters are credited if the natural or adoptive parent and stepparent are separated but not divorced.
If the 40-quarter determination is made prior to a divorce or annulment the quarters cannot be removed.
A child can receive qualifying quarters from each parent as well as from themselves.
Quarters earned by children cannot be deemed to their parents or siblings.
The same quarter may be applied to more than one individual.
Qualifying quarters credited to children are retained when they turn 18.
Example:
Jim and Janet have two children, Bob and Lori. Bob is 17 years of age, and Lori is 16 years of age. Jim has 25 qualifying quarters, Janet has ten, Bob has five, and Lori has five.
Bob is eligible based on qualifying quarters; Bob receives 25 from Jim and ten from Janet, in addition to five of his own = 40.
Lori is eligible based on qualifying quarters; Lori receives 25 from Jim and ten from Janet, in addition to five of her own = 40.
Jim and Janet are not eligible because they may each be credited with only 35 (25 from Jim and ten from Janet).
Verification of 40 Quarters Requirement
The following procedures provide guidance to workers in administering the 40 quarters determination.
The applicant must provide the full name, social security number, date of birth and sex of each individual (self, parent, or spouse) whose work history is relevant to the determination of eligibility.
Workers can access information needed to determine if an alien has the 40 qualifying quarters of work history through the SVES in TECS. The qualifying quarter’s information is obtained through the TPQY inquiry screens. The quarter of coverage information is displayed on the TPQ3 the next day and is not retained on TECS.
If an alien believes the information from SSA is inaccurate or incomplete, SSA will investigate the discrepancy. Depending on the problem, the worker may contact SSA directly or refer the applicant to SSA. If the applicant is referred to SSA, SSA will give the individual a document indicating the number of quarters under review. An alien who provides the worker with this document can continue to receive SNAP benefits for six months from the date of SSA's initial response or until SSA has completed its review, whichever is earlier.
For wage matches, SSA will send the worker total quarters from 1930 through 1950 and information on quarters by year for 1951 through the most recent information. The most recent eight quarters may be missing from the information SSA provides. SSA will not investigate these quarters because they will be included in the course of the annual wage reporting operation. However, SSA will provide guidance on how to compute these quarters if the household needs them to meet the 40 qualifying quarters exemption. SSA will transmit a quarter of coverage history display.
If the worker is unable to obtain the work history from SSA, the worker must obtain verification of work from the applicant or other available data sources.
