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FNS has reviewed the issue of whether a facility that receives tax credits under the Low-Income Housing Tax Credits program meets the exception to the institution rule as being federally subsidized housing for the elderly pursuant to the Food Stamp Act of 1977.
The Child Nutrition and WIC Reauthorization Act of 2004 allows children to be certified as eligible for free meals under the NSLP and the SBP based on participation in other programs authorized under the Food Stamp Act of 1977, as amended. No further application by the child’s household is necessary.
This rule proposes to amend Food Stamp Program regulations to implement section 13914 of the Omnibus Budget Reconciliation Act of 1993 (Mickey Leland Childhood Hunger Relief Act), which amended section 5(k)(2)(F) of the Food Stamp Act of 1977 to require that the full value of any public or general assistance housing payments made to a third party on behalf of a household residing in transitional housing for the homeless be excluded from the household's income for food stamp purposes.