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Resource | Proposed Rule Proposed Rule: Revision of Categorical Eligibility in the SNAP

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.

10/21/2019
Resource | Comment Request Revision of Categorical Eligibility in SNAP - Reopening of Comment Period

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. 

10/18/2019
Resource | Policy Memos | FNS-GD-1999-0006 Impact of CHIP on WIC Adjunct Income Eligibility

This policy memorandum clarifies the impact of the new Children's Health Insurance Program on WIC adjunct income eligibility.

WIC Policy Memorandum #99-06
03/30/1999
Resource | Policy Memos | FNS-GD-2008-0015 Rescission of Prohibition on the Use of Federal E&T Funds to Serve Individuals in State Programs Funded With TANF MOE Funds

On March 22, 2007, this office transmitted the attached memorandum to program directors to clarify that the Food Stamp Act prohibited providing Food Stamp Employment and Training program services to food stamp recipients receiving cash assistance funded by expenditures of state funds that count toward meeting the state’s TANF Maintenance–Of–Effort requirements.

02/21/2008

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.

Page updated: December 13, 2022
Resource | Notices Revision of Categorical Eligibility in the SNAP - Withdrawal

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.

06/10/2021
Resource | Proposed Rule Public Charge Ground of Inadmissibility

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. 

02/24/2022
Resource | Rules CFR Correction: Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools

This notice corrects Title 7 of the Code of Federal Regulations, parts 210 to 299, revised as of Jan. 1, 2000, page 285, § 245.6a.

05/18/2000
Resource | Final Rule Final Rule: FSP Vehicle and Maximum Excess Shelter Expense Deduction Provisions of PL 106-387

This rule allows state agencies the option to use their Temporary Assistance for Needy Families program vehicle allowance rules rather than the vehicle rules ordinarily used in the Food Stamp Program where doing so will result in a lower attribution of resources to food stamp households.

07/29/2004
Resource | Proposed Rule Proposed Rule: FSP Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002

This rulemaking proposes to amend Food Stamp Program regulations to implement 11 provisions of the Farm Security and Rural Investment Act of 2002 that establish new eligibility and certification requirements for the receipt of food stamps.

04/16/2004
Page updated: October 14, 2021