[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR273.25]



[Page 795-796]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 273_CERTIFICATION OF ELIGIBLE HOUSEHOLDS--Table of Contents

 

Sec. 273.25  Simplified Food Stamp Program.



    (a) Definitions. For purposes of this section:

    (1) Simplified Food Stamp Program (SFSP) means a program authorized 

under 7 U.S.C. 2035.

    (2) Temporary Assistance for Needy Families (TANF) means a State 

program of family assistance operated by an eligible State under its 

TANF plan as defined at 45 CFR 260.30.

    (3) Pure-TANF household means a household in which all members 

receive assistance under a State program funded under part A of title IV 

of the Social Security Act (42 U.S.C. 601 et seq.).

    (4) Mixed-TANF household means a household in which 1 or more 

members, but not all members, receive assistance under a State program 

funded under part A of title IV of the Social Security Act (42 U.S.C. 

601 et seq.).

    (5) Assistance under a State program funded under part A of title IV 

of the Social Security Act (42 U.S.C. 601 et seq.) means ``assistance'' 

as defined in regulations at 45 CFR 260.31.

    (b) Limit on benefit reduction for mixed-TANF households under the 

SFSP. If a State agency chooses to operate an SFSP and includes mixed-

TANF households in its program, the following requirements apply in 

addition to the statutory requirements governing the SFSP.

    (1) If a State's SFSP reduces benefits for mixed-TANF households, 

then no more than 5 percent of these participating households can have 

benefits reduced by 10 percent of the amount they are eligible to 

receive under the regular FSP and no mixed-TANF household can have 

benefits reduced by 25 percent or more of the amount it is eligible to 

receive under the regular FSP. Reductions of $10 or less will be 

disregarded when applying this requirement.

    (2) The State must include in its State SFSP plan an analysis 

showing the impact its program has on benefit levels for mixed-TANF 

households by comparing the allotment amount such households would 

receive using the rules and procedures of the State's SFSP with the 

allotment amount these households would receive if certified under 

regular Food Stamp Program rules and showing the number of households 

whose allotment amount would be reduced by 9.99 percent or less, by 10 

to 24.99 percent, and by 25 percent or more, excluding those households 

with reductions of $10 or less. In order for FNS to accurately evaluate 

the program's impact, States must describe in detail the methodology 

used as the basis for this analysis.

    (3) To ensure compliance with the benefit reduction requirement once 

an SFSP is operational, States must describe in their plan and have 

approved by FNS a methodology for measuring benefit reductions for 

mixed-TANF households on an on-going basis throughout the duration of 

the SFSP. In addition, States must report to FNS on a periodic basis the 

amount of benefit loss experienced by mixed-TANF households 

participating in the State's SFSP. The frequency of such reports will be 

determined by FNS taking into consideration such factors as the number 

of mixed-TANF households participating in the SFSP and the amount of 

benefit loss attributed to these households through initial or on-going 

analyses.

    (c) Application processing standards. Under statutory requirements, 

a household is not eligible to participate in an SFSP unless it is 

receiving TANF assistance. If a household is not receiving TANF 

assistance (payments have not been authorized) at the time of its 

application for the SFSP, the State agency must process the application 

using the regular Food Stamp Program requirements of Sec. 273.2, 

including processing within the 30-day regular or 7-day expedited time 

frame, and screening for and provision of expedited service if eligible. 

The State agency must



[[Page 796]]



determine under regular food stamp rules the eligibility and benefits of 

any household that it has found ineligible for TANF assistance because 

of time limits, more restrictive resource standards, or other rules that 

do not apply to food stamps.

    (d) Standards for shelter costs. Legislation governing the SFSP 

requires that State plans must address the needs of households with high 

shelter costs relative to their income. If a State chooses to 

standardize shelter costs under the SFSP, it must, therefore, use 

multiple standards that take into consideration households with high 

shelter costs versus those with low shelter costs. A State is prohibited 

from using a single standard based on average shelter costs for all 

households participating in an SFSP.

    (e) Opportunity for public comment. States must provide an 

opportunity for public input on proposed SFSP plans (with special 

attention to changes in benefit amounts that are necessary in order to 

ensure that the overall proposal not increase Federal costs) through a 

public comment period, public hearings, or meetings with groups 

representing participants' interests. Final approval will be given after 

the State informs the Department about the comments received from the 

public. After the public comment period, the State agency must inform 

the Department about the comments received from the public and submit 

its final SFSP plan for Departmental approval.



[Amdt. 388, 65 FR 70211, Nov. 21, 2000]