Preguntas y Respuestas sobre Elegibilidad Categórica y Vehículos
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.
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.
In July 2019, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published a proposed rule entitled “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)." This action closes a loophole that allows states to make participants in certain programs “categorically eligible” to participate in 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).
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.
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.
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 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.