Only TDA and USDA can establish eligibility criteria. CEs shall
only determine eligibility based on paragraphs (1) through (4) of
this subsection.
(1) Household eligibility. CEs must determine household
eligibility at least annually based on eligibility criteria.
(A) Income. Except as otherwise specified, the applicant
household's gross yearly or monthly income (before deductions) in
relation to household size must not exceed 185% of the federal poverty
guidelines.
(B) Crisis food assistance. An applicant household
whose income exceeds 185% of the federal poverty guidelines and that
has incurred the costs of a household crisis may be eligible for crisis
food assistance.
(C) Categorical eligibility. An applicant household
is automatically (categorically) eligible for USDA Foods if it currently
receives assistance from one of the following programs: Supplemental
Nutrition Assistance Program (SNAP), Temporary Assistance for Needy
Families (TANF), Supplemental Security Income (SSI), or non-institutional
Medicaid benefits.
(2) Residency for Households.At the time of application,
households are required to reside within the service area, but not
for any specific length of time.
(A) CEs and sub-agencies may ask for, but must not
require, participants to provide proof of residency. CEs and sub-agencies
must provide USDA Foods to all participants even if they cannot or
will not provide proof of residency. CEs and sub-agencies must clarify
the following points to applicants and participants:
(i) The inability or unwillingness to provide proof
of residency is not a barrier to participation.
(ii) Participants will receive USDA Foods without proof
of residency.
(B) A CE may make exceptions for the service area.
(3) Identity for Households.
(A) CEs and sub-agencies may request but must not require
any applicant or participant to provide proof of ID.
(B) CEs and sub-agencies must provide USDA Foods to
all participants even if they cannot or will not provide ID. CEs and
sub-agencies are required to ensure that applicants and participants
understand the following:
(i) The inability or unwillingness to provide proof
of ID shall not prevent participation.
(ii) Participants will receive USDA Foods, regardless
of failure to provide proof of ID.
(4) Citizenship. There are no citizenship requirements.
CEs and sub-agencies must not require any applicant or participant
to prove citizenship through any means whatsoever.
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