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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 | 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 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-2017-0036 Clarification of State Options for Determining Fleeing Felon Status for SNAP

FNS is issuing this policy memo to clarify state options and requirements relating to the determination of fleeing felon status under Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n).  

06/27/2017
Resource | Policy Memos | FNS-GD-2017-0035 Changes to Martinez Fleeing Felon Test after Barry v. Lyon Decision

Supplemental Nutrition Assistance Program  regulations at 7 CFR 273.11(n) require state agencies to choose between two tests to establish fleeing felon status: the four-part test and the alternative test, often called the Martinez test. This policy memo clarifies changes in the Martinez test necessitated by the Walter Barry, et al. v. Nick Lyon decision of the United States Court of Appeals for the Sixth Circuit.

06/27/2017
Resource | Policy Memos | FNS-GD-2017-0028 Q&As: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act Final Rule Set #2

The attached questions and answers address the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008 final rule. 

05/11/2017
Resource | Policy Memos | FNS-GD-2016-0101 Clarification on Characteristics of Broad-Based Categorical Eligibility Programs Memo

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.

12/27/2016
Resource | Policy Memos | FNS-GD-2015-0034 Same Sex Marriage and SNAP Mandatory Household

This memorandum restates the FNS policy on the treatment of same-sex marriages with regard to Section 3(m)(2) of the Food and Nutrition Act of 2008, as amended.

07/15/2015
Resource | Policy Memos | FNS-GD-2014-0044 Impact of the Defense of Marriage Act on SNAP Eligibility - Revised

This memorandum provides guidance on the household status of same-sex married couples in light of the United States Supreme Court's June 26, 2013, decision in United States v. Windsor (Windsor) for purposes of Supplemental Nutrition Assistance Program (SNAP) eligibility.

05/27/2014
Page updated: October 14, 2021