This memo is in response to questions raised through Quality Control reviews related to student eligibility for SNAP benefits. Section 6(e) of the Food and Nutrition Act of 2008 and federal regulations at 7 CFR 273.5(a) prohibit students enrolled at least half-time in an institution of higher education from receiving SNAP benefits unless specific exemptions are met.
On Dec. 22, 2009, Puerto Rico passed Law 191 of 2009 that voids all Puerto Rican birth certificates issued prior to July 1, 2010. Current Puerto Rican birth certificates remain valid until the July I, 2010 effective date of the new law. As a result of this recent legislation, FNS has been asked to provide guidance to state agencies as to the treatment of voided Puerto Rican birth certificates for SNAP purposes.
This rule finalizes provisions of an interim rule entitled "Food Stamp Program: Non-Discretionary Quality Control Provisions of Title IV of PL 107-171'' published on Oct. 16, 2003, and a proposed rule entitled "Food Stamp Program: Discretionary Quality Control Provisions of Title IV of PL 107-171'' published on Sept. 23, 2005.
On June 21, 2010, Food and Nutrition Service issued policy guidance on how to treat household members whose Puerto Rican birth certificates were voided under Puerto Rico Law 191 of 2009. The SNAP policy was to go into effect July 1, 2010 to coincide with the effective date of the new law.
This policy applies to all TANF-funded subsidized employment paid to SNAP clients or applicants in the form of wages, regardless of the source of TANF funding, including but not limited to funds available to states and Indian tribes through the Emergency Contingency Fund for state TANF programs.