1. a. 

   The individual/couple's immediate living quarters do not have adequate cooking or food storage facilities with which the individual/couple or another person (who is responsible for preparing the individual/couple's meals) can prepare meals on a daily basis.

2. b. 

   The individual/couple does not have access to adequate cooking or food storage facilities as part of the living arrangement (including cooking or food storage facilities that are outside the immediate living quarters) for the purpose of preparing meals or having them prepared on their behalf.

3. c. 

   The individual/couple lives in a boarding house that does not have a communal kitchen with adequate cooking or food storage facilities to which they have access for preparation of meals.

4. d. 

   The individual/couple lives in private living quarters within a home or in separate living quarters (e.g., "over the garage"), or in a similar situation, and does not have access to the cooking or food storage facilities in the main residence for preparation of meals.

5. e. 

   The individual/couple lives in a room and board facility and does not contract with the facility to have meals prepared and provided as part of the living arrangement (e.g., the SSI applicant's/recipient's living arrangement with the facility is to purchase only shelter on a monthly basis).

The following examples illustrate situations in which a recipient is considered to be contracting with the facility for meals and is not, therefore, eligible for OSS C:

• •

  Conventional room and board situations in which a recipient purchases meals through the facility on a periodic basis (generally monthly) or on a per meal basis.

• •

  Situations in which a recipient has two separate agreements with a facility; one covers shelter and the other covers meals.

• •

  Situations in which the facility, which provides shelter, contracts with a food preparation service to provide meals. (This does not include situations in which meals are either obtained at a discount or brought into the recipient's living arrangement, e.g., "Meals on Wheels" Program, provided the shelter facility is not involved in obtaining them).

An individual/couple must have both adequate cooking facilities and food storage facilities.

1. a. 

   “Adequate cooking facilities" consist of any of the following:

   • •

     A stove without a working oven, but which has at least two working burners.

               OR

   • •

     A hot plate with at least two burners with separate temperature controls or two one-burner hot plates with temperature controls, (Hot plates without temperature controls are not adequate cooking facilities).

              OR

   • •

     A stove with a working oven in combination with:

     1. a. 

        At least one working burner, or

     2. b. 

        A one-burner hot plate with a temperature control.

                 OR

   • •

     A microwave or toaster oven in combination with:

     1. a. 

        One working burner on a stove, or

     2. b. 

        One-burner hotplate with a temperature control.

2. b. 

   "Adequate food storage facilities" consist of either a working refrigerator or icebox to which the individual has access. Capacity of the refrigerator or icebox is not a factor of consideration. An ice chest is not considered adequate storage.

1. a. 

   Eligibility for OSS C begins in the month the individual applies for this supplement rate provided the individual anticipates, at the point the application is filed, being without cooking or food storage facilities throughout the month.

2. b. 

   The applicant's intent at the point the Application for Restaurant Meals Allowance (RMA) is filed is critical, since we make a determination based upon the applicant's expectation. If an applicant expects to be without adequate facilities throughout the month at the point the restaurant meals application is filed, OSS C is appropriate, even if the applicant gains access to adequate facilities later in the month. However, if the recipient does not expect to be without adequate food storage facilities for the entire month, or is no longer without adequate facilities at the point the restaurant meals application is filed, then OSS C is not appropriate.

3. c. 

   For purpose of OSS C, "throughout a month" does not mean the applicant/recipient must lack adequate cooking or food storage facilities from the very first moment of the month. The applicant/recipient need only lack them from some time on the first day of the month (see example in SI SF01415.140B.5).

4. d. 

   Eligibility for this supplemental payment ceases the month following the month in which meals are provided or adequate cooking and food storage facilities are available.

5. e. 

   If eligibility is based on temporary loss or non-functioning of an appliance (including temporary removal of appliances and/or turn-off of utilities pending repair or replacement), the individual should be advised of the individual's responsibility to report immediately when the temporary condition has ceased. If the individual provides an expected date on which the appliance will be replaced/repaired, diary the case for recontact.

• •

  Transients/homeless individuals: To rule out OSS C eligibility, an individual must receive meals or have access to adequate cooking and food storage facilities as part of a living arrangement. A transient by definition does not have a permanent living arrangement, i.e., no fixed place of residence. Therefore, receipt of meals or access to cooking and food storage facilities does not preclude OSS C (see Example SI SF01415.140B.5 step 5.). NOTE: Development of ISM for the value of meals is still necessary.

• •

  For a couple, comprised of an aged or disabled individual and a blind individual, whose living arrangement lacks adequate cooking or food storage facilities, pay the SSI/SSP level for blind/aged or blind/disabled couple plus the restaurant meals allowance for the aged/disabled member of the couple. Force due (M02) is required in this living arrangement.

• •

  Individuals who have adequate cooking and food storage, but whose disability prevents them from preparing meals should be referred to IHSS.

1. a. 

   Mary Ambrose lives in a commercial boarding house. Mary's monthly rent includes both food and shelter. The boarding house owner contracts with a restaurant to have one meal per day provided for the boarder. Mary is not eligible for OSS C.

2. b. 

   Bill Larson rents a room above Bill's cousin's automobile repair shop and has only a one-burner hotplate to prepare meals. The FO completes a RMA application to establish OSS C eligibility.

3. c. 

   John Thomas moves into a hotel on the afternoon of March 1, 2012. John reports the change of address on March 7, 2012. At that time, John alleges no cooking facilities and completes a RMA application. John is eligible for OSS C effective March 2012.

4. d. 

   Stacy Pantaleon moves into a hotel that has a communal kitchen available for residents’ use on Mondays through Saturdays. The kitchen has a stove with an oven and working burners as well as a refrigerator. Even though Stacy's hotel room does not have cooking facilities, Stacy is not eligible for OSS C because Stacy has access to the kitchen for meal preparation. The lack of access for one day out of the week is considered temporary, i.e., not throughout the month.

5. e. 

   Ellen Nkobi is a homeless individual who receives lunch daily at St Anthony’s Church. Since receipt of these meals is not part of a living arrangement, Ellen is eligible for OSS C. In this case, ISM is potentially excludable and should be developed following SI 00830.605, if a Support and Maintenance Assistance (SMA) precedent does not already exist.

6. f. 

   James Smithers has no fixed place of residence. James frequently spends one or two nights at the homes of various relatives. Although each of James relatives’ homes have cooking facilities, James is determined to be a transient because James does not have a fixed place of residence. Therefore, James is eligible for OSS C. If James also alleges receipt of meals from relatives, ISM development is needed.

7. g. 

   Will Sebastian lives in an apartment with cooking facilities. On February 24, 2015, Will reports that the refrigerator has stopped working and the landlord does not expect it to be repaired or replaced until sometime in April. Will applies for RMA and is approved for OSS C beginning March 2015. The landlord purchases a refrigerator on March 29, 2015. Since Will expected to be without adequate food storage facilities throughout the month of March, OSS C was appropriate for that month. OSS A applies effective April 2015.

8. h. 

   Karen Belladonna rents a room from Karen's cousin and is determined to be in a separate household after developing the living arrangement following SI 00835.120E. Karen's cousin does not allow Karen to use the stove or refrigerator and does not prepare nor provide meals for Karen. Since Karen does not have access to cooking and food storage facilities, Karen is eligible for OSS C.