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USDA Policy Statements

This subcategory includes various USDA policy statements, including selected FNS Regional Letters.  We have included FNS Regional Letters that advocates might find useful in their advocacy work which are not repeated in the federal register. FNS Regional Letters which are not directly useful for advocacy work, such as ones that ask for comments on regulation changes and are available in the federal register, are not posted here. The USDA posts FNS Regional Letters at http://www.fns.usda.gov/fsp/government/certification_policy.htm

Resources in this Category

ALL Administrative Decisions Agency Rules & Procedures Practice Materials

  Title Sort By Title, Descending Date
PDF Document 2008 ABAWD waiver

FNS waiver of ABAWD work rules for certain towns and region. See charts re: which towns and region have FS work rules waived for 2008.

2/16/2008
PDF Document Employee flex/cafeteria benefits and FS eligibility

FNS policy concerning how employment-related cafeteria/flex benefits are counted in the FS program.

11/3/2005
PDF Document FNS Guidance on Separate Household Status for Some Disabled Food Stamp Recipients

On June 12th, 2006, USDA issued policy guidance clarifying that a disabled person may be considered a food stamp household separate from a person who resides with him or her and purchases and prepares food separately on the disabled person's behalf. The issue arose in litigation in Alabama. Attached is a copy of the recently issued USDA Guidance.

6/12/2006
PDF Document FNS Regional Letter 02-06: Medical Expense Deduction12/12/2001
PDF Document FNS Regional Letter 03-05: Medical Expenses Deduction - Postage for Prescription Drugs8/22/2003
PDF Document FNS Regional Letter 04-03: Vehicle and maximum excess shelter expense deduction provision of public law 106-38711/17/2004
PDF Document FNS Regional Letter 04-12: Medicare Prescription Drug Card3/11/2004
PDF Document FNS Regional Letter 04-14: Questions and Answers about the Farm Bill3/30/2004
PDF Document FNS Regional Letter 04-16 - ABAWD 15% Exemption4/19/2004
PDF Document FNS Regional Letter 04-17: Public Housing and SUA Mandatory Allowance4/17/2004
PDF Document FNS Regional Letter 04-18: "Farm Bill" proposed FS regulation changes 4/16/2004
PDF Document FNS Regional Letter 04-19: ABAWD Waivers, New Method for Calculating Unemp Rate4/2/2004
PDF Document FNS Regional Letter 04-20 - Agency Rulemaking (Nutrition Education)5/3/2004
PDF Document FNS Regional Letter 04-26: Revised Medicare Prescription Drug Card Policy6/22/2004
PDF Document FNS Regional Letter 04-34: Keeping State Agencies' Internet Addresses Current8/2/2004
PDF Document FNS Regional Letter 04-35: Medicare Prescription Drug Card; Another option for determining the discount8/3/2004
PDF Document FNS Regional Letter 04-36: FY 2005 Food Stamp Cost of living adjustments (COLA's)8/6/2004
PDF Document FNS Regional Letter 04-37: Medicare Prescription Drug Card: Not Prorating the $600 When the Actual Pre-discount Prescription Expenses are Deducted8/10/2004
PDF Document FNS Regional Letter 04-38: Nutrition Education and Outreach Accounting Procedures8/17/2004
PDF Document FNS Regional Letter 04-39: Nutrition Education and Outreach Plans - Indirect Cost Rate 8/17/2004
PDF Document FNS Regional Letter 04-40: Treatment of certain attendant care payments and certain child care payments8/17/2004
PDF Document FNS Regional Letter 04-41: Exclusion of quality control errors for certain cases certified under the Combined Application Project 9/15/2004
PDF Document FNS Regional Letter 04-43: Vehicle and Maximum Excess Shelter Expense Deduction Provision of Public Law 106-38710/1/2004
PDF Document FNS Regional Letter 92-50: LIHEAA (Fuel Assistance) and the Standard Utility Allowance (SUA)

Questions and answers from FNS regarding the effects of receipt of LIHEAA fuel assistance on getting the SUA. Basically any FS recipient who is approved for LIHEAA is eligible for the full SUA, even if they are not billed separately for heat. This is especially important for elders and disabled recipients who have uncapped SUA's.

6/5/1992
PDF Document FNS Regional Letter 97-47: Standard Utility Allowance (SUA) Requirements and Metholodoliges

USDA instructions on how states can develop and update their Standard Utility Allowances.

5/25/1979
PDF Document FNS Regional Letter 99-10: Guardianship Payments3/23/1999
Word Document FNS Regional Letters Index: 200511/29/2005
PDF Document FNS Regional Letters, Table of Contents FY 2002 and 200312/31/2003
PDF Document FNS Regional Letters: Index Oct 2003 - Oct 200412/1/2004
PDF Document FNS Regional Quarterly Newsletter: Summer 20036/1/2003
PDF Document FNS Regional Quarterly Newsletter: Summer 20047/6/2004
PDF Document FNS Regional Quarterly Newsletter: Winter 20042/1/2004
FNS response on Counting Non-citizen income when fail to provide sponsor information

FNS response that led to state adopting better calculation for Food Stamps for families where a documented immigrant does not provide sponsor information.

4/6/2007
PDF Document Food Stamp Eligibility for Residents of Assisted Living Facilities with Meal Options

FNS Central letter of clarification to NE Region FNS office, explaining which assisted living situations result in FS eligibility and which do not.

11/5/2005
Overpayment can not be recouped from child-- FNS response to complaint

Marion Hohn and Katie Blake of WMLS secured a directive from the federal Food and Nutrition Service of the U.S. Dep't of Agriculture barring DTA from recovering a food stamp overpayment by reducing the allotment for the client's grandson.  Attached is a client complaint that Marion submitted to the federal Food and Nutrition Service and the favorable response. 

1/26/2007
PDF Document SNAP-- Policy Household Member's Name Differs from the Name Contained on the Income Statement Used to Verify Income

Attached is an 11/14/08 memo from Art Foley of USDA instructing the mid-Atlantic region (and rest of the country) that they should accept as verification of income the paystubs of an immigrant working under the name and SSN of another individual. USDA instructs states that income verification used to verify income need not match with documents used to verify identity, and that if a household has a reasonable explanation for the discrepancy in the workers name on the earnings records, the verification and that explanation should be accepted. USDA further instructs that states should not report or disclose the fact of a name and SSN of another being used by another to anyone outside of the state agency (e.g. law enforcement or immigration). This is terrific guidance and hopefully will address those few situations where households have earnings but are reluctant to report the information.

11/13/2008
PDF Document Standard Utility Allowance: USDA notice of approval of a new SUA increase11/21/2000
USDA Findings on DTA Food Stamp Access Barriers

MLRI memo on February 1st USDA Food and Nutrition Service (FNS) Report on the November Program Access Review, and attached report of findings of serious violations of federal food stamps requirements.

2/1/2006
PDF Document USDA Food Stamp Poster Announcing Restorations for Legal Immigrants (Spanish version)9/29/2003
Word Document USDA Guidance ABAWD Waiver Requests - Guidelines for FFY043/11/2004
PDF Document USDA Guidance on Non-Citizen Requirements in the Food Stamp Program

Detailed USDA Guidance of January 2003 on how states must implement various immigrant eligibility provisions including the upcoming Farm Bill five-year residency rule, sponsor-immigrant deeming, sponsor liability, determining 40 quarters of work history, treatment of income and assets of ineligible immigrants, reporting illegal and indigent immigrants, public charge, verification of immigrant status and more.

1/1/2003
PDF Document USDA Outreach Materials

USDA has just issued a new, attractive Food Stamp brochure in Spanish and English for food stamp outreach - PDF attached. It includes specific information regarding immigrant status, public charge and ineligible immigrants applying for eligible members. If you use this brochure, please note that the gross income test in Massachusetts is HIGHER for families with children who are categorically eligible (200% of the FPL and not 130%).

10/1/2007
USDA Proposed Regs of Feb 2000: CBPP analysis of changes

Extensive analyses by the Center on Budget and Policy Priorities on the proposed US Department of Agriculture food stamp regulations. Included are comparison charts on the then current and proposed changes. These materials may be useful as background research on federal food stamp policy and possible arguments for challenging certain regulations.

4/20/2000
PDF Document USDA regulations - November 2000 - FRAC Special Analysis11/21/2000


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