Section 827 - Benefits on Recertification

Q. Are benefits for migrant and seasonal farmworkers prorated only if there is a break of more than 30 days?

A. Yes, section 8(c)(2)(C) of the Food Stamp Act (Act) continues to provide that benefits for migrant and seasonal farmworkers are prorated only after a break of more than 30 days. The amendment to the Act made by section 827 of the PRWORA did not affect proration for migrant and seasonal farmworkers.

Q. Regarding proration, will the definition of "initial application" be revised? Does this provision apply to any circumstances whereby the household has had any break in participation or does it only apply in untimely recertification situations?

A. The definition will be revised. It will be for any period during which the household was not certified except for migrant and seasonal farmworker households. It will not apply when a household is reinstated under 7 CFR 273.21(k)(2)(ii) when a household fails to submit a monthly report timely and is terminated but submits one before the end of the issuance month and the State chooses to reinstate the household. It will not apply if the household timely reapplies for recertification, but the State agency causes a delay, and it will not apply if the household is certified within 30 days from receipt of an application.

For example:

If a household applies for recertification untimely but in the last month of its certification period, and the application is approved in the next month but within 30 days, benefits will not be prorated.

If a household waits until the 10th of the month following the end of its certification period to apply for recertification, benefits will be prorated from the 10th of the month.

Q. Will there be any "good cause" provisions for not prorating benefits?

A. No. However, benefits will be issued retroactively for State agency errors.

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