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Food Stamp Program

Questions and Answers on Categorical Eligibility

The memo below, with attached questions and answers on categorical eligibility was sent to all FNS regional offices for forwarding to food stamp State agencies to aid in clarifying policy on categorical eligibility for food stamps.

October 21, 1999

Subject: Questions and Answers on Categorical Eligibility

To: All Program Directors / Food Stamp Program

Since the new policy on categorical eligibility was announced on July 14, 1999, we have received several questions and requests for clarification from regional offices, State agencies and advocacy groups. While we discussed most of these issues at the recent American Public Human Services Association (APHSA) meeting in Park City, Utah, we decided to put the answers in writing. Therefore, attached please find list of questions and answers which speak to some of the issues that have been raised since July. Please send these to your State agencies as soon as possible.

If you have any questions or need more information, please contact Moira Johnston of my staff at 703-305-2515.

/S/ Arthur Foley

Arthur T. Foley
Director
Program Development Division

 

Questions and Answers on Categorical Eligibility

  1. Question: If a household contains a child who is not considered a member of the TANF unit due to a family cap policy, but who is considered a member of the household for food stamp purposes, can the State agency confer categorical eligibility to the entire household?

    Response    : Yes. The State agency may confer categorical eligibility to the entire household if it determines that the TANF grant or service benefits the entire household, including the "capped" child.

  2. Question: If cash is paid to a non-parent caretaker relative only for a child, can the State agency confer categorical eligibility to the entire household?

    Response    : Yes. The State agency may confer categorical eligibility to the entire household if it determines that the cash paid to the non-parent caretaker relative for the child benefits the entire household.

  3. Question: If an individual or household is eligible for TANF benefits, but does not receive them, can the State agency confer categorical eligibility to the entire household?

    Response    : No. The State agency may not confer categorical eligibility to the individual or household simply because they are eligible for a TANF benefit. The individual or household must be receiving or be authorized to receive TANF benefits in order for the State agency to confer categorical eligibility.

  4. Question: If an individual or household is receiving non-cash or in-kind benefits, can the State agency confer categorical eligibility?

    Response    : Yes. The State agency must confer categorical eligibility to individuals or households that receive non-cash or in-kind services from a program that is more than 50 percent funded by TANF. It may extend categorical eligibility to individuals or households that receive such services from a program that is less than 50 percent funded from TANF if it so chooses.

  5. Question: If a family voluntarily ends or suspends their participation in TANF so as to not use up their time limits, but remain eligible for TANF, are they categorically eligible for food stamps?

    Response    : No. A household must be receiving or authorized to receive TANF benefits or services to be categorically eligible for food stamps.

  6. Question: If a non-citizen receives TANF/MOE funded benefits, but is ineligible for food stamps due to citizen status, is the household categorically eligible for food stamps?

    Response    : If the State agency determines that the TANF/MOE funded benefits benefit the entire food stamp household, then the State agency may confer categorical eligibility to the entire household. However, the non-citizen who is not eligible for food stamps due to citizenship status shall be considered a non-household member for food stamp purposes.

  7. Question: States have TANF plans that have different eligibility criteria and provide different levels and kinds of benefits and services within the State. Therefore, within the same State, food stamp households can be categorically eligible in one locale but not in others. Is FNS aware of these differences, and are the resulting variations in categorical eligibility allowed by the new guidance?

    Response    : Yes. FNS is aware of the variations in TANF programs that exist even within each State and concurs that households can be categorically eligible in one locale but not in others.

  8. Question: Can FNS share information from other States on how workers know which program or income level is being deemed as a TANF/MOE benefit?

    Response    : FNS Regional office staff have been working and will continue to work with the State agencies to identify programs that confer categorical eligibility and to develop strategies for identifying individuals or households that are categorically eligible. In addition, FNS Regional office staff will be performing reviews in all the States over the next year and will learn of States best practices in this area. National meetings such as the recent APHSA meeting in Park City, Utah, are excellent forums for FNS and States to share this information.

  9. Question: States are concerned that quality control will not fully accommodate categorical eligibility policy changes?

    Response    : FNS is in the process of developing quality control procedures regarding categorical eligibility. In the meantime, States should expect that FNS will not second guess a State agency determination that a certain program or service conveys categorical eligibility. This is why it is so important that State agencies identify these programs and provide FNS with a list of the programs that confer categorical eligibility. Also, States should be assured that categorical eligibility can reduce errors in the long run as it simplifies the certification process and does away with the vehicle test.

  10. Question: States are concerned about a response in a recent Q and A that seemed to prevent State agencies from conferring categorical eligibility to generic groups of TANF-eligible individuals.

    Response    : Section 5(a) of the Food Stamp Act provides that households in which all members are receiving benefits under a program funded under Part A of Title IV of the Social Security Act are categorically eligible for food stamps. In compliance with the law, State agencies may identify a program and confer categorical eligibility to anyone who is receiving or is authorized to receive benefits. State agencies may not identify a program and confer categorical eligibility to anyone who is simply eligible but who has not actually been authorized to receive benefits.

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