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Supplemental Nutrition Assistance Program

Categorical Eligibility Questions and Answers and Changes in Policy

Attachment A

Question: Regulations at 7 CFR 273.2(j)(2)(iv) define the term authorized to receive benefits. To be authorized to receive a benefit, must the other program actually notify the food stamp client of this authorization?

Answer: To be considered authorized to receive a benefit, the client must be determined eligible for the benefit and must receive notification of the eligibility determination. Eligibility for benefits, in and of itself, is not sufficient to confer categorical eligibility.

Question: What do State agencies need to do to show that programs are funded 50 percent and means-tested?

Answer: The Food and Nutrition Service (FNS) will accept the State’s determination that a program is more than 50 percent funded with Temporary Assistance for Needy Families (TANF) and/or Maintenance of Effort (MOE) funds. We will also accept the State’s determination as to whether a program is means tested and whether it meets the 200 percent of the Federal poverty line threshold. Although FNS will not require specific information regarding State programs as a condition of approval, we may request additional information from the State agency if necessary.

Question: If a household member (or the entire household) is disqualified from receiving cash assistance under the TANF Program, but receives or is authorized to receive non-cash or in-kind TANF or State-funded MOE benefits, is the household still considered categorically eligible?

Answer: The household would continue to be categorically eligible if any member(s) receive, or are authorized to receive, non-cash or in-kind benefits that are more than 50 percent funded with TANF or MOE moneys. If the household receives, or is authorized to receive, non-cash or in-kind benefits from programs that are more than 50 percent funded with State money for MOE purposes under Title IV-A, or through Federal money under Title IV-A, the household must be considered categorically eligible. State agencies may confer categorical eligibility on households that receive, or are authorized to receive, non-cash or in-kind benefits from programs that are less than 50 percent funded with State money for MOE purposes under Title IV-A, or through Federal money under Title IV-A. The State agency may also confer categorical eligibility if the a member receives, or is authorized to receive, non-cash or in-kind benefits and the agency determines that the entire household benefits.

Question: Does the requirement that programs intended to further purposes three and four of the TANF block grant impose an eligibility threshold of 200 percent of the Federal poverty level as a condition of conferring categorical eligibility on program recipients also apply to programs which are intended to further purposes one and/or two of the TANF block grant and purposes three and/or four of the block grant?

Answer: Programs intended to further purposes one and/or two of the TANF block grant confer categorical eligibility without regard to the 200 percent gross income threshold even if such programs are also intended to further purposes three and/or four of the TANF block grant.

Rationale: The first two purposes of the TANF block grant are to: (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage. The benefits issued to further both purposes are specifically targeted towards needy families, implicitly requiring that State agencies impose some type of income-based means test. If a program funded at more than the 50 percent level with TANF or MOE finds, even in part, is intended to further purposes one and/or two of the block grant, such a program would confer categorical eligibility on recipients since it would normally require an income-based means test as a condition of eligibility. If a program funded at more than the 50 percent level with TANF or MOE funds, even in part, is intended to further purposes one and/or two of the block grant, such a program would confer categorical eligibility on recipients since it would normally require an income-based means test as a condition of eligibility. Purposes three and four of the TANF block grant, specifically preventing and reducing the incidence of out-of-wedlock pregnancies and establishing annual numerical goals for preventing and reducing the incidence of these pregnancies; and encouraging the formation and maintenance of two-parent families are not limited to needy families. Because programs intended to further purposes three and four of the TANF block may be very broad, we imposed the requirement that such programs, as a condition of conferring categorical eligibility, limit participation to households whose gross income does not exceed 200 percent of the Federal poverty level to ensure that only households actually in need of assistance are considered categorically eligible.

Question: May a program which is apparently intended to further purposes one and/or two of the TANF block grant confer categorical eligibility if it does not require an income-based means test as a condition of participation?

Answer: Programs intended to further purposes one and two of the TANF block grant are specifically intended for needy families. Because the statute uses the term, "needy", in references to purposes one and two of the TANF block grant, only programs which impose some type of income-based means test as a condition of eligibility are considered to be further purposes one and/or two of the TANF block grant. Unlike programs intended to further purposes three and four of the block grant, we have not set a specific means test for programs intended to further purposes one and two of the block grant, although we requiring that the State impose some form of income-based means test before the program can confer categorical eligibility.

Question: The rule specifically mandates that State agencies confer categorical eligibility on households which receive, or are authorized to receive, benefits under programs that are more than 50 percent funded with TANF or MOE funds. For programs that are less than 50 percent funded with TANF or MOE funds, categorical eligibility is optional (As a condition of conferring both mandatory and optional categorical eligibility, programs which are intended to further purposes three and four of the TANF block grant must also limit participation to households with incomes no greater than 200 percent of the Federal poverty level.). How do State agencies handle programs, which are funded with TANF or MOE-funded at exactly the 50 percent level?

Answer: Since the rule does not specifically address programs which are funded at exactly the 50 percent level, State agencies may confer categorical eligibility on recipients of such programs at their discretion, provided that all similarly situated program recipients are treated uniformly. We will address this situation in a future rulemaking.

Question: Some categorically eligible households are not entitled to benefits because of their net income. Can a State agency now deny the application of such a household?

Answer: A State agency may now deny an application of an otherwise categorically eligible household with three or more members if the household’s net income exceeds the maximum income eligibility level. This option does not apply to 2-member households that are entitled to a $10 minimum benefit. The change is the result of an amendment that was included in the rule issued November 21, 2000. Alternatively, the State agency may hold the application in a pending status.

Question: Has the November 21 rule changed State agency options regarding the categories of households subject to mandatory categorical eligibility?

Answer: Under the rule, mandatory categorical eligibility was expanded to also include programs intended to further purposes three and/or four of the TANF block, if the programs are more than 50 percent funded with State money for MOE purposes under Title IV-A, or through Federal money under Title IV-A, provided that such programs limit participation to households with gross incomes equal to or less than 200 percent of the Federal poverty limit. Prior to the rule, States had the option to confer categorical eligibility on recipients of those programs.

Question: A household may be not be categorically eligible if it contains a member who has been disqualified from participation in the Food Stamp Program as provided under 7 CFR 273.2(j)(2)(iii). 7 CFR 273.8(e)(17) requires the exclusion of the resources of a member who receives PA or SSI benefits. If a household member is subject to disqualification under the provisions of 7 CFR 273.2(j)(2)(iii), but continues to remain eligible for TANF-funded assistance (or SSI), how should the member’s resources be handled?

Answer: The resources of the disqualified member would continue to be excluded. Under Section 5(j) of the Food Stamp Act, the statutory basis for 7 CFR 273.8(e)(17), household members who receive SSI or TANF benefits are considered resource eligible for food stamp purposes.


Last modified: 04/30/2009