[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: 7CFR274.2]



[Page 798-799]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 274_ISSUANCE AND USE OF COUPONS--Table of Contents

 

Sec. 274.2  Providing benefits to participants.



    (a) General. Each State agency is responsible for the timely and 

accurate issuance of benefits to certified eligible households in 

accordance with these regulations. Those households comprised of elderly 

or disabled members which have difficulty reaching issuance offices, and 

households which do not reside in a permanent dwelling or of a fixed 

mailing address shall be given assistance in obtaining their regular 

monthly benefits. State agencies shall assist these households by 

arranging for the mail issuance of coupons to them, by assisting them in 

finding authorized representatives who can act on their behalf, or by 

using other appropriate means.

    (b) Availability of benefits. All newly-certified households, except 

those that are given expedited service, shall be given an opportunity to 

participate no later than 30 calendar days following the date the 

application was filed. An opportunity to participate consists of 

providing households with coupons or authorization documents and having 

issuance facilities open and available for the households to obtain 

their benefits. State agencies must mail authorization documents or 

coupons in time to assure that the documents can be transacted, or the 

coupons spent after they are received but before the 30-day standard 

expires. A household has not been provided an opportunity to participate 

within the 30-day standard if the authorization document or benefits are 

mailed on the 29th or 30th day. Neither has an opportunity to 

participate been provided if the authorization document is mailed on the 

28th day but no issuance facility is open on the 30th day. For 

households entitled to expedited service, the State agency shall make 

benefits available to the household not later than the fifth calendar 

day following the date of application. Whatever system a State agency 

uses to ensure meeting this delivery standard shall be designed to allow 

a reasonable opportunity for redemption of ATPs no later than the fifth 

calendar day following the date of application.

    (c) Combined allotments. For those households which are to receive a 

combined allotment, the State agency shall provide the benefits for both 

months as an aggregate (combined) allotment, or as two separate 

allotments, with the same validity period, made available at the same 

time, in accordance with the timeframes specified in Sec. 273.2 of this 

chapter.

    (d) Ongoing households. All households shall be placed on an 

issuance schedule so that they receive their benefits on or about the 

same date each month. The date upon which a household receives its 

initial allotment after certification need not be the date that the 

household must receive its subsequent allotments.

    (1) State agencies that use direct-mail issuance shall stagger 

issuance over at least 10 days of the issuance month, and may stagger 

issuance over the entire issuance month. State agencies using a method 

other than direct-mail issuance may stagger issuance throughout the 

month, or for a shorter period. When staggering benefit delivery, 

however, State agencies shall not allow more than 40 days to elapse 

between the issuance of any two allotments provided to a household 

participating longer than two consecutive, complete months. Regardless 

of the issuance schedule used, the State agency shall adhere to the 

reporting requirements specified in Sec. 274.4.

    (2) Upon the request of the tribal organization that exercises 

governmental jurisdiction over a reservation, the State agency shall 

stagger the issuance of benefits for eligible households located on 

reservations for at least 15 days each month.

    (3) When a participating household is transferred from one issuance 

system or procedure to another issuance system or procedure, the State 

agency shall not permit more than 40 days to elapse between the last 

issuance under



[[Page 799]]



the previous system or procedure, and the first issuance under the new 

system or procedure. The 40-day requirement does not apply to instances 

in which actions by recipients, such as failure to submit a monthly 

report, disrupt benefits. Transfers include, but are not limited to, 

households being moved into or out of a staggered issuance procedure, 

households on a fluctuating schedule within a staggered system, and 

households being moved from a direct-mail issuance system to an 

authorization document system. If the State agency determines that more 

than 40 days may elapse between issuances, the State agency shall divide 

the new issuance into two parts, with one part being issued within the 

40-day period, and the second part, or supplemental issuance, being 

issued on the household's established issuance date in the new system or 

procedure. The supplemental issuance cannot provide the household more 

benefits than the household is entitled to receive.

    (4) Notwithstanding the above provisions, in months in which 

benefits have been suspended under the provisions of Sec. 271.7, State 

agencies may stagger issuance to certified households following the end 

of the suspension. In such situations, State agencies may, at their 

option, stagger issuance from the date issuance resumes through the end 

of the month or over a five-day period following the resumption of 

issuance, even if this results in benefits being issued after the end of 

the month in which the suspension occurred.

    (e) Issuance services. State agencies are responsible for 

determining the location and hours of operation of issuance services. In 

doing so, State agencies shall ensure that the issuance schedules set 

forth in paragraphs (b) and (c) of this section are met. In addition, 

issuance authorization documents, such as ATP cards, should be valid 

only in the geographic area within the State that is encompassed by the 

reconciliation system through which the issuance will be processed; 

however, the validity area may be extended within the State at the State 

agency's option. State agencies may also restrict the validity of these 

documents to smaller areas or particular issuance sites with minimal 

practicable inconvenience to affected households.

    (f) Issuance of coupons to households. The State agency shall issue 

coupon books in accordance with a table for coupon-book issuance 

provided by FNS, except as provided in paragraphs (e)(1), (e)(2), and 

(e)(3) of this section. The State agency shall issue the coupon books in 

consecutive serial number order whenever possible, starting with the 

lowest serial number in each coupon book denomination. The household 

member whose name appears on the ID card shall sign the coupon books; if 

more than one name appears, any named member may sign the books.

    (1) The State agency may deviate from the table if the specified 

coupon books are unavailable.

    (2) Exceptions from the table are authorized for blind and visually-

handicapped participants who request that all coupons be of one 

denomination. Recipients who have no fixed address (homeless), and 

residents of shelters for battered women and children, as defined in 

Sec. 271.2, and which are not authorized by FNS to redeem through 

wholesalers, may request that all or part of their coupons be of the $1 

denomination. State agencies are authorized to grant this request when 

feasible.

    (3) If a household is eligible for an allotment of $1, $3, or $5, 

the State agency shall adjust those allotments to $2, $4, or $6, 

respectively.

    (g) Issuance in rural areas. Unless the area is served by an 

electronic benefit transfer system, State agencies must use direct-mail 

issuance in any rural areas where the State agency determines that 

recipients face substantial difficulties in obtaining transportation in 

order to obtain their food stamp benefits by methods other than direct-

mail issuance. State agencies must report any exceptions to direct-mail 

issuance as specified under Sec. 272.3(a)(2) and (b)(2) of this 

chapter.



[54 FR 7004, Feb. 15, 1989, as amended at 54 FR 51351, Dec. 15, 1989; 60 

FR 20182, Apr. 25, 1995; 65 FR 70212, Nov. 21, 2000]