European Stars and Stripes (Newspaper) - September 24, 1977, Darmstadt, Hesse Saturday september 24, 1977 the stars and stripes Page 9 food Stamps Legal authorities say servicemen overseas denied rights by not being allowed to apply Nyji Colonna staff write american service people stationed Over seas possibly Are being denied their constitutional rights by not being allowed to apply for food Stamps under the Federal welfare program Legal authorities say. Capt. Pete Duffy Usa eur Legal assistance officer in Heidelberg said that a Serviceman overseas has an excellent argument for showing his constitutional rights Are being denied under the 14thamendment if the Only reason he does not qualify for food Stamps is because he under the 14th amendment s equal Protection clause a state is prohibited from enforcing a Law that Bridges the Privi Leges or immunities of a . Citizen. That is exactly what is happening Duffy said. If a Serviceman is stationed overseas and qualifies for food Stamps under the guidelines of the program he should be Able to get them. If he can to then it appears to me he is being denied his rights under the 14th said another Point is that the i overseas maintains his domiciliary to Testate is paying state and Federal taxes and is not being allowed to take advantage of being a . if a person is being taxed As a resident he should receive the benefits of residency. In fact if residency were an Issue a 1969 precedent could be denied food Stamps Duffy said the Case of Schapiro is. Thompson in 1969 went to the supreme court when Schapiro was denied Foo Stamps because he was not a resident of his state for one year. The supreme court ruled that a . Citizen has the right of free unrestricted travel in the . And re Quiring residency for a year abridged that , the problem Here is that a Serviceman is paying state taxes and is notable to receive the benefits he is paying under present Law eligibility rules for food Stamps require residence in the .,Guam, puerto Rico or the Virgin islands. According to a 30-Page March 1976report for the third quadrennial review of military compensation about 62,000 or about three per cent of All military families would be potentially eligible for Foo Stamps under current eligibility criteria. The report added however that Man of those families would lose eligibility be cause of individual factors such As the head of the household moonlighting or the spouse working. In addition an estimated 27 per cent of the military Force is assigned overseas according to the report All of which could reduce the number of potentially eligible families to about 18,000. Since 1970, Usa eur has addressed the food stamp Issue in an Effort to obtain them for military people assigned to Europe. The last time the Issue was taken up was in 1975. The department of army responded negatively to Usa eur s re a 1976 letter from the army s chief personnel services division the army said that if the appropriate statutes were amended to provide participation for Over seas personnel the function performed by welfare agencies in determining eligibility would have to be assumed by the overseas command. This additional responsibility could prove onerous particularly if the tons where living costs exceed average living costs of military personnel stationed in the ., Cost of living allowances offset these overseas costs but maintain the member at parity with a counterpart in the United states. If there is no Cost of living allowance they also remain at parity. The number of these military households Over seas is not determinable. In both cases the member and his family have less food Pur chasing Power compared to counterparts in the United states who can establish food stamp in laymen s terms the report says that service people overseas Are suffering be cause they do not have the food purchasing Power of . Counterparts and they Are not Able to offset food . Ronald Platte chief social work if a Serviceman is stationed overseas and qualifies for food Stamps. He should be Able to get them. If he can to then it appears he is being denied his rights under the 14th amendment.1 number of eligible participants is not significant the letter said. Usa eur acs officer maj. Samuel Duggins said however that ways could be found to administer the program within Usa eur. As far As the paperwork to determine eligibility we could do that in our acs offices Duggins said. A Safe spokesman said the air Force has not addressed the Issue. Duffy said that if the food stamp Issue were to be litigated in court the govern ment would have to show compelling in Terest for keeping it the Way it is. The Only Way i can see the government proving this is in Cost effectiveness. They May be a Leto show that the number of people eligible would be so insignificant that the cos would be too great to justify administering the program Duffy added that the argument was a weak one because if the number i that insignificant it would seem logical to have the state administer the program by mail. If acs could prepare the paperwork i can t see Why the individual could t Mai payment to his state of residence and have the state mail Back his food spokesman for the department of agriculture food and nutrition service which is responsible for the food stamp program said the Only Way the program could be established overseas under the current food stamp act would be through the passage of legislation. Asked if american service people Are i essence being punished because of Over seas duty the spokesman quoted the 1976military report which says ". If they happen to be stationed in overseas Loca service of the Lan Stuhl medical facility helped develop a local staff study in 1975 that strongly urged the approval of Foo Stamps for overseas use. The report revealed the 279 commissaries authorized to redeem food Stamps had accepted Coupon Worth More than a million in 1975. More than 70 per cent of the military personnel in Europe Are in the lowest five enlisted grades and of those Between 25and 35 per cent Are married. About 63 per cent of those people have their families with them. The majority of those households Are not command sponsored and Are not Eligi ble to receive the married rate of station housing allowance and Cost of living Al Lowance despite having to live on the econ omy. Commissary officers interviewed bythe researchers said the food Stamps would create no administrative or person Nel problems for them finance officers agreed to their part in the program and acs officers interviewed agreed they could handle summary the report said that the purpose was to insure that Low income military households in Usa eur like their military and civilian counterparts inthe 50 United states Guam puerto Rico and the District of Columbia Are provide with adequate Levels of food nutrition under the guidelines of Public Law 88-525,dated aug. 31, 1964." during the staff research Platte corresponded with food stamp officials in Washington. Two responses equated those to the stars and stripes mat there is presently no provisions for implementation of the program overseas. The report was forwarded to washing ton ., requesting the Strong support of the army in getting the program through legislation. A spokesman in Washington said the study went into limbo because the administration did not favor going Forth with legislation. Duffy said he sees two ways for service men to attack the Issue first through writing their congressmen and urging con Gressional support to change the Law an secondly through litigation. The person would first have to apply for food Stamps and be turned Down solely because he is assigned overseas. Then he would have to exhaust All administrative remedies and exercise any appellate rights available to him through the welfare system. Once he has done that he can file a the problem Here Duffy said is that person who needs food Stamps can Little afford to seek Legal help and go to court. I think the Best bet would be to get a group of people to seek the Aid of one of the Man Legal assistance groups who get into constitutional Law and Reform. There Are a tremendous number of these organizations in the . Generally they like to Deal wit Laws that will effect a number of people rather than an individual Case. There Are plenty of people who would be affected by such a difficult to determine Duggins said it would be difficult to de Termine How Many people overseas would qualify for food Stamps because of the Many variables that enter into the system. But the Point is the people Over Here Are being denied the right to even apply for food Stamps he said. Some people were receiving them in the . And then get As signed overseas where the Cost of living May equal or be greater than it was in the . Now a person can t even apply for food Stamps because he is Duffy who said he received food stamp while going through Law school said that the fifth amendment could also apply. The 14th amendment deals with the states and the fifth amendment applies tothe Federal government. Under the fifth amendment the Federal government is prohibited from denying life Liberty and equal rights under the Constitution. This could particularly effect a person whose residence has been established in Washington What bothers me most of All Duff said is that the food stamp program states that it is designed for All citizens of the United states except it seems for the citizen who is serving his country Over seas. There is something Here s How to figure if you qualify for food Aid do you qualify for food Stamps the Federal food stamp act is designed to let Low income households buy More food of greater variety to improve their diets. To qualify for food Stamps household must meet certain nationwide eligibility standards. The Stamps Are available to households of one or More persons with no or Low incomes who fall within the eligibility requirements. If you Are curious As to whether you maybe eligible Here is the Basic formula for determination first of All total All family incomes. Income would include base pay subsistence housing and clothing allowances and any special pay you receive including Cost of living allowances. Any other family income must be included As Well As interest you receive on Sav Ings and living in government housing do not receive a quarters allowance. However in calculating income you must add $25 per month to your income regardless of the value of the quarters in kind. Once you have calculated your total net income you May deduct 10 per cent of your total income not to exceed $30 per military households would come under the latter and May deduct $30. Using your leave and earning statement for guidance from this total subtract Allstate and Federal withholding taxes and social Security subtract medical payments if More than $10 monthly most military families would not use this As medical Aid is provided. Other deductions include payments for child or invalid care when this care is necessary for a family member to work or participate in Job train ing or educational programs. In other words babysitting fees paid while Parent is working tuition and required fees for Educa Tion. This does not include such expense Sas books school supplies meals at school and transportation. Unusual expenses such As losses be cause of fire theft funeral expenses an disasters such As hurricanes or floods. Court ordered support and Alimony payments. Once All of these have been deducted you will have a net income. Now deduct All shelter costs which exceed 30 per cent of this adjusted income. Shelter costs include utilities Basic serv ice fees for one Telephone water an sewage fees rent mortgage payments and interest on applicant s own Home real estate taxes and special state or local assessments on applicant s own Home. Persons in government housing May deduct Only their Basic Telephone service All shelter costs have been totalled any amount Over 30 per cent of the adjusted income May be subtracted to arrive at anew net income. These Are All the authorized deductions. The present household monthly income standards provided by the . Depart ment of agriculture food and nutrition service Are As follows for one family member $262 two Mem Bers $344 three members $447 four members $567 five members $673 six members $807 seven members $893 eight members $1,020. For each addition Al household member add $ 127. If after All of your deductions your net adjusted income is less than the applicable Standard in the above paragraph you probably would qualify for food Stamps. But under present Law you May not receive them because you Are assigned Over seas capt. Pete Duffy Usa eur Legal assistance officer recommends anyone who feels he is being denied food Stamps that he would otherwise be qualified for should write his congressman and urge support for changing the Law. That is probably the Best Way Duffy said. Litigation would be an extremely Long and drawn out process that would re quire the individual to apply through his state be turned Down Appeal at every pos sible level and finally seek Legal people who wish to write to the depart ment of agriculture for any further clarification should write to the following address United states department of agriculture food and nutrition service Washington ., 20250. A c
