Broad-based categorical eligibility is a policy that makes most households categorically eligible for SNAP because they qualify for a non-cash TANF or state maintenance of effort funded benefit.
The U.S. Department of Homeland Security proposes to prescribe how it determines whether a noncitizen is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act because they are likely at any time to become a public charge.
This document informs the public that the FNS is withdrawing the proposed rule titled Revision of Categorical Eligibility in SNAP that published in the Federal Register on July 24, 2019.
USDA Withdraws Proposed Rule on Categorical Eligibility in SNAP
Today, USDA has taken action to withdraw its previously proposed rule, Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (84 FR 35570).
The proposed rule, published on July 24, 2019, would have limited states’ ability to use participation in Temporary Assistance for Needy Families (TANF) to determine eligibility for SNAP. The rule put restrictions on the type and amount of TANF benefits a household must receive to be considered eligible for SNAP benefits and increased the reporting requirements for states using this administrative option. If finalized, the rule would have cost $2.3 billion in administrative expenses over 5 years, and more than 3.1 million individuals in 1.7 million households would have lost access to SNAP benefits. Further, nearly 1 million children would have lost automatic eligibility for free school meals, and 16,500 participants would have lost automatic eligibility for WIC.
USDA received nearly 158,000 comments on the proposed rule. Many expressed concerns that this policy would increase the administrative burden on states and potentially jeopardize food security for children, veterans, individuals with disabilities, and the elderly.
After reviewing the comments received, USDA has determined that the proposed rule to revise categorical eligibility should not be finalized. The flexibility afforded by broad-based categorical eligibility (BBCE) is critical to reducing administrative burden and simplifying the SNAP application process for both state agencies and households in need.
More information is available at: https://www.fns.usda.gov/snap/fr-061021.
SNAP helps low-income people buy the food they need for good health. SNAP benefits are not cash. SNAP benefits are provided on an electronic card that is used like an ATM or bank card to buy food at most grocery stores. To get SNAP benefits, your income and other resources have to be under certain limits.
USDA proposes updating the regulations to refine categorical eligibility requirements based on receipt of TANF benefits. Specifically, the Department proposes: (1) to define “benefits” for categorical eligibility to mean ongoing and substantial benefits; and (2) to limit the types of non-cash TANF benefits conferring categorical eligibility to those that focus on subsidized employment, work supports and childcare. The proposed rule would also require state agencies to inform FNS of all non-cash TANF benefits that confer categorical eligibility.
The Food and Nutrition Service proposed to make changes to SNAP regulations to refine categorical eligibility requirements based on receipt of Temporary Assistance for Needy Families benefits.
FNS is issuing this memorandum in an effort to clarify the characteristics of BBCE programs and the actions states must take to ensure compliance with statutory and regulatory requirements.
This memorandum provides clarification regarding households determined to be categorically eligible for FDPIR in accordance with provisions at sections 4300-4320 of Food and Nutrition Service (FNS) Handbook 501.
This memorandum is to provide guidance on the verification process and reporting for categorically eligible foster children