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 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.
The purpose of this memorandum is to implement a provision affecting mandatory direct certification for children in Supplemental Nutrition Assistance Program households.
Some state agencies have adopted a version of simplified reporting for other programs, such as Medicaid and the Temporary Assistance for Needy Families Program, and are using multi-program report forms for the various programs, including SNAP.
This policy applies to all TANF-funded subsidized employment paid to SNAP clients or applicants in the form of wages, regardless of the source of TANF funding, including but not limited to funds available to states and Indian tribes through the Emergency Contingency Fund for state TANF programs.
This is a reminder of the statutory and regulatory requirements for categorical eligibility for the Child Nutrition Programs based on receipt of benefits from each state’s Temporary Assistance to Needy Families program. The Richard B. Russell National School Lunch Act restricts categorical eligibility to those TANF programs with standards that are comparable to or more restrictive than those in effect on June 1, 1995.
It has come to our attention that a number of states have begun using the emergency fund to develop and implement a wide range of subsidized employment efforts. In addition to the Emergency Fund program, subsidized employment may be funded under the regular TANF block grant or state Maintenance of Effort funds.