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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 7 - Agriculture |
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Subtitle B - Regulations of the Department of Agriculture |
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Chapter II - Food and Nutrition Service, Department of Agriculture |
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SubChapter C - Food Stamp and Food Distribution Program |
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Part 273 - Certification of Eligible Households |
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Subpart H - The Transitional Benefits Alternative |
§ 273.26 - General eligibility guidelines.
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§ 273.26 General eligibility guidelines.
households leaving TANF with transitional food stamp benefits as provided in this section(a) Eligible programs. The State agency may elect to provide
transitional SNAP benefits to households whose participation in the following programs is ending:
(1) TANF or State Maintenance of Effort (MOE) funded cash assistance programs, as authorized under part A of Title IV of the Social Security Act; or
(2) A State-funded cash assistance (SFCA) program that provides assistance to families with children. Eligible SFCA programs may include programs funded by both state and local funds provided the programs are intended to be statewide.
state(b) Description of State transitional benefits. A State agency that chooses to provide transitional benefits must
Statedescribe features of its transitional SNAP benefits alternative in its
that it has selected this option and specify theplan of operation
, the, as specified in § 272.2(d)(1)(xvi)(H) of this chapter and as described in § 273.26(b)(1) through (b)(6).
(1) A statement that transitional benefits are available;
(2) The eligible programs by which households may qualify for transitional benefits;
(3) If the State agency is offering transitional benefits through a SFCA program, in addition to TANF or MOE, whether the SFCA program participation runs concurrently, sequentially, or alternatively to the TANF or MOE program;
(4) The categories of households eligible for such benefits
any;
(5) The maximum number of months for which transitional benefits will be provided; and
(6) Any other items required to be included under this subpart H.
choose to(c) Eligible households. The State agency may
limit transitional benefits to households in which all members had been receiving TANF, MOE, or SFCA, or it may provide such benefits to any household in which at least one member had been receiving TANF, MOE, or SFCA. If a member of a household has been sanctioned but the household is still receiving benefits, the remaining eligible household members may receive transitional SNAP benefits if the cash assistance ends for another reason.
which(d) Ineligible households. The State agency may not provide transitional benefits to a household
athat is leaving TANF, MOE, or SFCA when:
(
b1) The household is leaving TANF or MOE due to a full-family TANF sanction or the household is leaving the SFCA program due to a full-family SFCA program sanction;
(
c2) The household is a member of a category of households designated by the State agency as ineligible for transitional benefits;
(
food stamps3) All household members are ineligible to receive
1SNAP benefits because they are:
(
2i) Disqualified for an intentional program violation in accordance with § 273.16;
(
3ii) Ineligible for failure to comply with a work requirement in accordance with § 273.7;
(
4iii) Receiving SSI in a cash-out State in accordance with § 273.20;
(
5iv) Ineligible students in accordance with § 273.5;
(
6v) Ineligible aliens in accordance with § 273.4;
(
7vi) Disqualified for failing to provide information necessary for making a determination of eligibility or for completing any subsequent review of its eligibility in accordance with § 273.2(d) and § 273.21(m)(1)(ii);
(
8vii) Disqualified for knowingly transferring resources for the purpose of qualifying or attempting to qualify for the program as provided at § 273.8(h);
(
food stampsviii) Disqualified for receipt of multiple
9SNAP benefits;
(
10) Able-bodied adults without dependentsix) Disqualified for being a fleeing felon in accordance with § 273.11(n); or
(
;x) ABAWD who fail to comply with the requirements of § 273.24
.
d(
food stampse) Optional household exclusions. The State agency has the option to exclude households where all household members are ineligible to receive
SNAP benefits because they are:
(1) Disqualified for failure to perform an action under Federal, State or local law relating to a means-tested public assistance program in accordance with § 273.11(k);
(2) Ineligible for failing to cooperate with child support agencies in accordance with § 273.11(o) and (p); or
(3) Ineligible for being delinquent in court-ordered child support in accordance with § 273.11(q).
e)section(
thisf) Recalculating eligibility for denied households. The State agency must use procedures at § 273.12(f)(3) to determine the continued eligibility and benefit level of households denied transitional benefits under
[82 FR 2043, Jan. 6, 2017]