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Correction to Categorical Eligibility Question and Answers Issued 12/15/09

EO Guidance Document #
FNS-GD-2010-0022
Resource type
Policy Memos
FAQs/Q&As
Guidance Documents
Resource Materials
PDF Icon Policy Memo (513.59 KB)
DATE: May 9, 2010
SUBJECT: Correction to Categorical Eligibility Question and Answers Issued 12/15/09
TO: Regional Directors
All Regions

We would like to issue a correction on question 11 from the Questions and Answers on categorical eligibility that were issued on Dec. 15, 2009. The answer incorrectly states that the entire household is no longer categorically eligible if any member of a categorically eligible household fails to comply with work registration, job search, voluntary quit, workfare, or monthly reporting requirements. The question should read as follows.

Question 11a: If a member of a categorically eligible household who is not exempt from work requirements fails to comply with work registration, job search, voluntary quit, workfare, can the household maintain categorical eligibility?

Answer: If the member that fails to comply is the head of the household, the entire household is no longer categorically eligible for SNAP. The state agency has the option to adopt a policy that would exclude all household members from SNAP if the head of household fails to comply with work requirements. If the state agency adopts this policy, all household members would be excluded from SNAP. If the state agency does not adopt this policy, the remaining household members may still participate in SNAP under the regular SNAP eligibility requirements. These members would be subject to the regular SNAP asset and income. If the member that fails to comply is not the head of household, the household member that fails to comply becomes an ineligible household member. As long as the entire household is not disqualified, the remaining household members can maintain their categorical eligibility status, but the income and resources of the ineligible household member are counted when determining eligibility.

Question 11b: If a member of a categorically eligible household fails to comply with monthly reporting requirements, can the household maintain categorical eligibility?

Answer: If a member of a categorically eligible household fails to comply with monthly reporting requirements, the entire household will be terminated from participation in SNAP per the provisions of 7 CFR 273.I2. The household may reapply for SNAP, but would have its benefits prorated from the time of application; if the state has a reinstatement waiver, the benefits would be prorated from the date the household provides the required report and verification. If the household is eligible for the program that confers categorical eligibility when the household reapplies, it may become categorically eligible again.

The corrected questions and answers are attached to this document. We will correct the document on the website. 

Lizbeth Silbermann
Director
Program Development Division

 

Attachment
Page updated: April 05, 2023

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.