Section 827 - Benefits on Recertification
Q. Are benefits for migrant and seasonal farmworkers prorated only
if there is a break of more than 30 days?
A. Yes, section 8(c)(2)(C) of the Food Stamp Act (Act) continues to provide
that benefits for migrant and seasonal farmworkers are prorated only after
a break of more than 30 days. The amendment to the Act made by section
827 of the PRWORA did not affect proration for migrant and seasonal farmworkers.
Q. Regarding proration, will the definition of "initial application"
be revised? Does this provision apply to any circumstances whereby the
household has had any break in participation or does it only apply in
untimely recertification situations?
A. The definition will be revised. It will be for any period during which
the household was not certified except for migrant and seasonal farmworker
households. It will not apply when a household is reinstated under 7 CFR
273.21(k)(2)(ii) when a household fails to submit a monthly report timely
and is terminated but submits one before the end of the issuance month
and the State chooses to reinstate the household. It will not apply if
the household timely reapplies for recertification, but the State agency
causes a delay, and it will not apply if the household is certified within
30 days from receipt of an application.
If a household applies for recertification untimely but in the last month
of its certification period, and the application is approved in the next
month but within 30 days, benefits will not be prorated.
If a household waits until the 10th of the month following the end of
its certification period to apply for recertification, benefits will be
prorated from the 10th of the month.
Q. Will there be any "good cause" provisions for not prorating
A. No. However, benefits will be issued retroactively for State agency
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