Q. Under the welfare reform law, individuals may be disqualified or
become ineligible for a number of reasons. How should their income and
resources be treated?
A. We do not plan to answer further questions until the regulations have
been published. In the interim, State agencies should use their best judgment
as to whether to count any or all of the income and resources of such
individuals. We will either address this in the regulations or allow State
flexibility in this area. Note that the income of an alien that was ineligible
under the Food Stamp Act prior to the recent legislation must be counted
in whole or in part and that all of the resources of such alien must be
Q. Does FNS plan to assist States with the coordination of Sections
819 on comparable disqualifications, 829 on the prohibition against increasing
food stamp benefits for failure to comply with another assistance program,
and 911 regarding no increase as the result of fraud in a welfare or public
assistance program, or are States supposed to develop their own plans?
A. For now States should develop their own plans for coordination. This
may be addressed in the regulations.
Q. What will be the impact of the new legislation on existing court
suits to which FNS was a party or on which FNS has oversight? For example,
a court suit required FNS to monitor 5-day expedited service. With this
requirement changing to 7 days, would that now be the standard against
which States would be monitored?
A. In the case of expedited service, the new standard of 7 days was effective
upon enactment for new applicants and that will be the standard on which
States will be monitored. Court orders based on provisions in the law
that have subsequently been amended are no longer valid.
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