Food Stamp Comparable Disqualifications
To: Regional Directors / Food Stamp Program
11/19/97
The following memo gives guidance on disqualifying a member of a food
stamp household from the Food Stamp Program when that person fails to
do something required by another public assistance program.
Section 819 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 provides that:
(1) If a disqualification is imposed on a MEMBER of a household for failure
to perform an action required under another public assistance program,
the State agency may impose the same disqualification on the MEMBER of
the household under the Food Stamp Program and
(2) If a disqualification is imposed under paragraph (1) for the failure
of an individual to perform an action required under TANF the State agency
may use the TANF RULES and procedures to impose the SAME disqualification
under the Food Stamp Program.
The issue is if TANF disqualifies the whole household can the food stamp
office use the reference to TANF "rules and procedures" to disqualify
the whole household instead of only the individual. In a previous Q&A
package we advised that we would either address this in the regulations
or allow State flexibility in this area. In the interim State agencies
should use their best judgment.
We have reviewed this matter and determined that the best reading of
the law is that disqualifications under Section 819 should only be applied
to the individual. We have determined that paragraph (2) does not override
paragraph (1) because paragraph (2) says in part that, "If a disqualification
is imposed under paragraph (1) the State may use TANF rules and procedures."
The paragraphs are given equal numbering in the law.
Because of the time it takes to publish regulations, we have determined
that we should provide State agencies further guidance in this area at
this time to minimize the administrative difficulties of reversing policy
at a later time. We understand that a few State agencies are currently
disqualifying the whole household for some violations. Please advise all
State agencies of this policy interpretation and advise those State agencies
that are disqualifying the whole household under the comparable disqualification
provision that we believe that these sanctions are not supported by the
law and that our regulations when published will limit these disqualifications
to the person who failed to comply.
Under food stamp rules (Section 815) if the head of the household fails
to comply, the State agency has the option to disqualify the whole household
or only the individual who failed to comply. Therefore, if the head of
the household failed to comply, the State may choose to disqualify the
whole household for the length of the food stamp penalty. Under this new
guidance, if it opts to apply a longer TANF disqualification, only the
individual can be disqualified after the end of the food stamp penalty.
For example, the food stamp household is disqualified for 180 days under
Section 815. The State opts for comparable disqualifications under 819
and the TANF penalty is for 280 days. In this case the household would
be disqualified for 180 days and the person who failed to comply would
be disqualified for an additional 100 days. If an individual other than
the head of the household failed to comply only the individual can be
disqualified. If the State agency opts for comparable disqualifications,
the individual would be disqualified for the length of the food stamp
penalty or the TANF penalty, whichever is longer. If a person is exempt
from the food stamp work registration requirements, only the person who
failed to comply can be disqualified under the comparable disqualification
provision.
/s/
Arthur T. Foley
Director
Program Development Division
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