FNS is issuing this memorandum in fulfillment of the commitment made in the preamble of the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation, and Energy Act of 2008 final rule to provide additional guidance for state agencies on how to carry out the exclusion of certain military combat-related pay from income for purposes of SNAP eligibility determinations.
FNS is issuing this policy memo to clarify state options and requirements relating to the determination of fleeing felon status under Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n).
Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n) require state agencies to choose between two tests to establish fleeing felon status: the four-part test and the alternative test, often called the Martinez test. This policy memo clarifies changes in the Martinez test necessitated by the Walter Barry, et al. v. Nick Lyon decision of the United States Court of Appeals for the Sixth Circuit.
The attached questions and answers address the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008 final rule.