Chapter 51, Section 2014, Subsection (e) · 7 U.S.C. Chapter 51 — SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Contents

(e)

(1)

(A)

(i)The Secretary shall allow a standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, and the Virgin Islands of the United States in an amount that is—

(I)equal to 8.31 percent of the income standard of eligibility established under subsection (c)(1); but

(II)not more than 8.31 percent of the income standard of eligibility established under subsection (c)(1) for a household of 6 members.

(ii)Notwithstanding clause (i), the standard deduction for each household in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, and the Virgin Islands of the United States shall be not less than—

(I)for fiscal year 2009, $144, $246, $203, and $127, respectively; and

(II)for fiscal year 2010 and each fiscal year thereafter, an amount that is equal to the amount from the previous fiscal year adjusted to the nearest lower dollar increment to reflect changes for the 12-month period ending on the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.

(B)

(i)The Secretary shall allow a standard deduction for each household in Guam in an amount that is—

(I)equal to 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) for the 48 contiguous States and the District of Columbia; but

(II)not more than 8.31 percent of twice the income standard of eligibility established under subsection (c)(1) for the 48 contiguous States and the District of Columbia for a household of 6 members.

(ii)Notwithstanding clause (i), the standard deduction for each household in Guam shall be not less than—

(I)for fiscal year 2009, $289; and

(C)Each adjustment under subparagraphs (A)(ii)(II) and (B)(ii)(II) shall be based on the unrounded amount for the prior 12-month period.

(2)

(A)In this paragraph, the term “earned income” does not include—

(i)income excluded by subsection (d); or

(ii)any portion of income earned under a work supplementation or support program, as defined under section 2025(b) of this title, that is attributable to public assistance.

(B)Except as provided in subparagraph (C), a household with earned income shall be allowed a deduction of 20 percent of all earned income to compensate for taxes, other mandatory deductions from salary, and work expenses.

(C)The deduction described in subparagraph (B) shall not be allowed with respect to determining an overissuance due to the failure of a household to report earned income in a timely manner.

(3)

(A)A household shall be entitled, with respect to expenses (other than excluded expenses described in subparagraph (B)) for dependent care, to a dependent care deduction for the actual cost of payments necessary for the care of a dependent if the care enables a household member to accept or continue employment, or training or education that is preparatory for employment.

(B)The excluded expenses referred to in subparagraph (A) are—

(i)expenses paid on behalf of the household by a third party;

(ii)amounts made available and excluded, for the expenses referred to in subparagraph (A), under subsection (d)(3); and

(iii)expenses that are paid under section 2015(d)(4) of this title or a pilot project under section 2025(h)(1)(F) of this title.

(4)

(A)In lieu of providing an exclusion for legally obligated child support payments made by a household member under subsection (d)(6), a State agency may elect to provide a deduction for the amount of the payments.

(B)A deduction under this paragraph shall be determined before the computation of the excess shelter expense deduction under paragraph (6).

(5)

(A)A household containing an elderly or disabled member shall be entitled, with respect to expenses other than expenses paid on behalf of the household by a third party, to an excess medical expense deduction for the portion of the actual costs of allowable medical expenses, incurred by the elderly or disabled member, exclusive of special diets, that exceeds $35 per month.

(B)

(i)A State agency shall offer an eligible household under subparagraph (A) a method of claiming a deduction for recurring medical expenses that are initially verified under the excess medical expense deduction in lieu of submitting information on, or verification of, actual expenses on a monthly basis.

(ii)The method described in clause (i) shall—

(I)be designed to minimize the burden for the eligible elderly or disabled household member choosing to deduct the recurrent medical expenses of the member pursuant to the method;

(II)rely on reasonable estimates of the expected medical expenses of the member for the certification period (including changes that can be reasonably anticipated based on available information about the medical condition of the member, public or private medical insurance coverage, and the current verified medical expenses incurred by the member); and

(III)not require further reporting or verification of a change in medical expenses if such a change has been anticipated for the certification period.

(C)The Secretary shall promulgate rules to ensure that medical marijuana is not treated as a medical expense for purposes of this paragraph.

(6)

(A)A household shall be entitled, with respect to expenses other than expenses paid on behalf of the household by a third party, to an excess shelter expense deduction to the extent that the monthly amount expended by a household for shelter exceeds an amount equal to 50 percent of monthly household income after all other applicable deductions have been allowed.

(B)In the case of a household that does not contain an elderly or disabled individual, in the 48 contiguous States and the District of Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of the United States, the excess shelter expense deduction shall not exceed—

(i)for the period beginning on August 22, 1996, and ending on December 31, 1996, $247, $429, $353, $300, and $182 per month, respectively;

(ii)for the period beginning on January 1, 1997, and ending on September 30, 1998, $250, $434, $357, $304, and $184 per month, respectively;

(iii)for fiscal year 1999, $275, $478, $393, $334, and $203 per month, respectively;

(iv)for fiscal year 2000, $280, $483, $398, $339, and $208 per month, respectively;

(v)for fiscal year 2001, $340, $543, $458, $399, and $268 per month, respectively; and

(vi)for fiscal year 2002 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

(C)

(i)In computing the excess shelter expense deduction, a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary, subject to clause (iv), except that a State agency may use an allowance that does not fluctuate within a year to reflect seasonal variations.

(ii)An allowance for a heating or cooling expense may not be used in the case of a household that—

(I)does not incur a heating or cooling expense, as the case may be;

(II)does incur a heating or cooling expense but is located in a public housing unit that has central utility meters and charges households, with regard to the expense, only for excess utility costs; or

(III)shares the expense with, and lives with, another individual not participating in the supplemental nutrition assistance program, another household participating in the supplemental nutrition assistance program, or both, unless the allowance is prorated between the household and the other individual, household, or both.

(iii)

(I)A State agency may make the use of a standard utility allowance mandatory for all households with qualifying utility costs if—

(aa)the State agency has developed 1 or more standards that include the cost of heating and cooling and 1 or more standards that do not include the cost of heating and cooling; and

(bb)the Secretary finds (without regard to subclause (III)) that the standards will not result in an increased cost to the Secretary.

(II)A State agency that has not made the use of a standard utility allowance mandatory under subclause (I) shall allow a household to switch, at the end of a certification period, between the standard utility allowance and a deduction based on the actual utility costs of the household.

(III)Clauses (ii)(II) and (ii)(III) shall not apply in the case of a State agency that has made the use of a standard utility allowance mandatory under subclause (I).

(iv)

(I)Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households with an elderly or disabled member that received a payment, or on behalf of which a payment was made, under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy assistance program, if in the current month or in the immediately preceding 12 months, the household either received such a payment, or such a payment was made on behalf of the household, that was greater than $20 annually, as determined by the Secretary.

(II)A State agency may use a separate standard utility allowance for households on behalf of which a payment described in subclause (I) is made, but may not be required to do so.

(III)A State agency that does not elect to use a separate allowance but makes a single standard utility allowance available to households incurring heating or cooling expenses (other than a household described in subclause (I) or (II) of clause (ii)) may not be required to reduce the allowance due to the provision (directly or indirectly) of assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

(IV)For the purpose of the supplemental nutrition assistance program, assistance provided under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to be prorated over the entire heating or cooling season for which the assistance was provided.

(D)

(i)The State agency shall allow a deduction of $143 a month for households—

(I)in which all members are homeless individuals;

(II)that are not receiving free shelter throughout the month; and

(III)that do not opt to claim an excess shelter expense deduction under subparagraph (A).

(ii)For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

(iii)The State agency may make a household with extremely low shelter costs ineligible for the alternative deduction under clause (i).

(E)Any service fee associated with internet connection shall not be used in computing the excess shelter expense deduction under this paragraph.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 62

Show every defined term

Access device
means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter.
affiliate
has the meaning provided the term in section 1841(k) of title 12.
Allotment
means the total value of benefits a household is authorized to receive during each month.
Allowable medical expenses
means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness.
base period
means the period used to determine the amount of the State family assistance grant for a State under section 403 of the Social Security Act (42 U.S.C. 603).
benefit
means the value of supplemental nutrition assistance provided to a household by means of—
benefit issuer
means any office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated functional responsibility in connection with, the issuance of benefits to households.
caregiver
means a minor child’s natural or adoptive parent or parents who live in the home with the minor child.
caseload
means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.
Certification period
means the period for which households shall be eligible to receive benefits.
community food project
means a community-based project that—
company
has the meaning provided the term in section 1971 of title 12, but shall not include a bank, a bank holding company, or any subsidiary of a bank holding company.
contract
means a plan to help a family pursue self-sufficiency, based on the State’s assessment of the family’s needs and abilities and developed with a parental caregiver.
Coupon
means any coupon, stamp, type of certificate, authorization card, cash or check issued in lieu of a coupon.
covered individual
means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to paragraph (2), who—
Drug addiction or alcoholic treatment and rehabilitation program
means any such program conducted by a private nonprofit organization or institution, or a publicly operated community mental health center, under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) to provide treatment that can lead to the rehabilitation of drug addicts or alcoholics.
Elderly or disabled member
means a member of a household who—
electronic benefit transfer card
means a card that provides benefits under this chapter through an electronic benefit transfer service (as defined in subsection (h)(11)(A)).
electronic benefit transfer contract
means a contract that provides for the issuance, use, or redemption of program benefits in the form of electronic benefit transfer cards.
electronic benefit transfer service
means the processing of electronic transfers of household benefits, determined under section 2017(a) or 2035 of this title, if the benefits are—
eligible entity
means—
eligible incentive food
means—
eligible individual
means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
employment and training program
means a program that contains case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and one or more of the following components, except that the State agency shall retain the option to apply employment requirements prescribed under this clause to a program applicant at the time of application:
family
means the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adopted siblings, together with their natural or adoptive parents, or their caregiver.
fee agent
means a paid agent who, although not a State employee, is authorized by the State to make applications available to low-income households, assist in the completion of applications, conduct required interviews, secure required verification, forward completed applications and supporting documentation to the State agency, and provide other services as required by the State agency.
fluid milk
means all varieties of pasteurized cow’s milk that—
Food
means (1) any food or food product for home consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection, and any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, regardless of whether the fee is included in the shelf price posted for the food or food product, (2) seeds and plants for use in gardens to produce food for the personal consumption of the eligible household, (3) in the case of those persons who are sixty years of age or over or who receive supplemental security income benefits or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and their spouses, meals prepared by and served in senior citizens’ centers, apartment buildings occupied primarily by such persons, public or private nonprofit establishments (eating or otherwise) that feed such persons, private establishments that contrac
gleaner
means an entity that—
good cause
includes—
governmental entity
means—
Homeless individual
means—
Household
means—
hunger-free communities goal
means any of the 14 goals described in House Concurrent Resolution 302, 102nd Congress, agreed to October 5, 1992.
indication of multiple issuance
means an indication, based on a computer match, that supplemental nutrition assistance program benefits are being issued to an individual by more than 1 State agency simultaneously.
initial month
means (A) the first month for which an allotment is issued to a household, (B) the first month for which an allotment is issued to a household following any period in which such household was not participating in the supplemental nutrition assistance program under this chapter after the expiration of a certification period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible after notice and an opportunity for a hearing under section 2020(e)(10) of this title, and (C) in the case of a migrant or seasonal farmworker household, the first month for which allotment is issued to a household that applies following any period of more than 30 days in which such household was not participating in the supplemental nutrition assistance program after previous participation in such program.
interoperability
means a system that enables program benefits in the form of an electronic benefit transfer card to be redeemed in any State.
interstate transaction
means a transaction that is initiated in 1 State by the use of an electronic benefit transfer card that is issued in another State.
medicaid program
means the program of medical assistance under a State plan or under a waiver of the plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
noncontiguous State
means a State that is not 1 of the contiguous 48 States or the District of Columbia.
overpayment error rate
means the percentage of the value of all allotments issued in a fiscal year by a State agency that are either—
payment error rate
has the meaning given the term in section 2025(c)(2) of this title.
point-of-sale service
means any product or service related to the electronic authorization and processing of payments for merchandise at a retail food store, including credit or debit card services, automated teller machines, point-of-sale terminals, or access to on-line systems.
portability
means a system that enables program benefits in the form of an electronic benefit transfer card to be used in any State by a household to purchase food at a retail food store or wholesale food concern approved under this chapter.
public agency
means a department, agency, other unit, or instrumentality of Federal, State, or local government.
Reservation
means the geographically defined area or areas over which a tribal organization exercises governmental jurisdiction.
Retail food store
means—
Secretary
means the Secretary of Agriculture.
settling
means movement, and reporting such movement, of funds from an electronic benefit transfer card issuer that is located in 1 State to a retail food store, or wholesale food concern, that is located in another State, to accomplish an interstate transaction.
smart card
means an intelligent benefit card described in section 2026(f) of this title.
staple foods
means foods in the following categories:
State
means the fifty States, the District of Columbia, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this chapter for participation as a State agency.
State agency
means (1) the agency of State government, including the local offices thereof, which has the responsibility for the administration of the federally aided public assistance programs within such State, and in those States where such assistance programs are operated on a decentralized basis, the term shall include the counterpart local agencies administering such programs, and (2) the tribal organization of an Indian tribe determined by the Secretary to be capable of effectively administering a food distribution program under section 2013(b) of this title or a supplemental nutrition assistance program under section 2020(d) of this title.
Supplemental nutrition assistance program
means the program operated pursuant to this chapter.
switching
means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State.
thrifty food plan
means the diet required to feed a family of 4 persons consisting of a man and a woman ages 20 through 50, a child ages 6 through 8, and a child ages 9 through 11 using the items and quantities of food described in the report of the Department of Agriculture entitled “Thrifty Food Plan, 2021”, and each successor report updated pursuant to this subsection, subject to the conditions that—
Tribal organization
means the recognized governing body of an Indian tribe (including the tribally recognized intertribal organization of such tribes), as the term “Indian tribe” is defined in section 5304 of title 25, as well as any Indian tribe, band, or community holding a treaty with a State government.
uncollected overissuance
means the amount of an overissuance of benefits, as determined under subsection (b)(1), that has not been recovered pursuant to subsection (b)(1).
underpayment error rate
means the ratio of the value of allotments underissued to recipient households to the total value of allotments issued in a fiscal year by a State agency.
work program
means—
work supplementation or support program
means a program under which, as determined by the Secretary, public assistance (including any benefits provided under a program established by the State and the supplemental nutrition assistance program) is provided to an employer to be used for hiring and employing a public assistance recipient who was not employed by the employer at the time the public assistance recipient entered the program.
workforce partnership
includes a multistate program.