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.
This memorandum clarifies the use of the 6 month waiting period for failing to meet SNAP eligibility requirements under Criterion A or B of program regulations. Section 9(c) of the Food and Nutrition Act and section 278.1(k) of program regulations require firms failing to meet eligibility requirements under Criterion A or B wait a minimum of 6 months before reapplying for SNAP authorization.
This memorandum clarifies policy related to implementation of the final rule, "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program," which amended the definition of "retail food store," to say that, when multiple firms operating at the same location meet certain elements, FNS will consider them a single firm when determining eligibility for SNAP authorization.
SNAP regulations provide that the FNS must determine if an applicant firm may be authorized to participate under "Need for Access" if located in an area with significantly limited access to food and the applicant firm has failed to meet the staple food requirements for eligibility under Criterion A or Criterion B.
To be SNAP-authorized, a store generally must meet one of two eligibility standards: Criterion A (staple food stock) or Criterion B (staple food sales). Staple foods are the basic food items that make up a significant portion of an individual’s diet and are usually prepared at home and consumed as a major component of a meal.
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.
Letters to various directors of Human Services with attached public charge fact sheet.
Federal law requires state agencies to verify a SNAP applicant's identity and other critical information prior to certifying the household to participate in SNAP. In general, SNAP state agencies verify identity based on documentary evidence, such as a driver's license, obtained through the applicant or a third party.
This memorandum clarifies the use of third party payroll sources for SNAP certification policy and quality control purposes. The first two sections of this memorandum apply to certification policy and the section titled Quality Control Considerations provides details on how to treat verification from a third party payroll source for QC reviews.