Several provisions in this law affect the administration of CACFP. We intend to publish regulations to implement these provisions as soon as possible. However, except as noted below, these provisions must be implemented in accordance with the statutory effective date. This memorandum provides guidance for state agencies to use until final rules are published.
This memorandum attempts to answer specific questions raised about CACFP providers incorporating their day care home operations under the laws of their respective states and the effect incorporation has on program participation.
In response to questions from regional offices, state agencies, and sponsoring organizations, this memorandum clarifies how sponsoring organizations may establish the income eligibility of children enrolled in tier II day care homes.
Noncitizens who were receiving food stamps on Aug. 22, 1996, will not lose benefits due to their immigration status until at least April 22, 1997. If, for example, a person moves to another state or has a break in eligibility because of something unrelated to his or her noncitizen status (such as a temporary increase in earnings) and applies again before April 1, 1997, the new noncitizen eligibility requirements would not apply.
The Omnibus Consolidated Appropriations Act makes a significant change to implementation of the food stamp eligibility provisions for noncitizens of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.