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.
Section 6(o) of the Food and Nutrition Act of 2008, as amended, limits the time able-bodied adults without dependents (ABAWDs) can receive Supplemental Nutrition Assistance Program benefits to 3 months in any 36-month period, unless the individual meets the ABAWD work requirement or is otherwise exempt.