7 U.S.C. § 2017
Section 2017 · Value of allotment
Current version, with additions and removals from the August 15, 1994 version.
(1) The value of the allotment issued to any eligible household for the initial month or other initial period for which an allotment is issued shall have a value which bears the same ratio to the value of the allotment for a full month or other initial period for which the allotment is issued as the number of days (from the date of application) remaining in the month or other initial period for which the allotment is issued bears to the total number of days in the month or other initial period for which the allotment is issued, except that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10. Households shall receive full months’ allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month.
(1) The value of the allotment issued to any eligible household for the initial month or other initial period for which an allotment is issued shall have a value which bears the same ratio to the value of the allotment for a full month or other initial period for which the allotment is issued as the number of days (from the date of application) remaining in the month or other initial period for which the allotment is issued bears to the total number of days in the month or other initial period for which the allotment is issued, except that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10. Households shall receive full months' allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month.
(3) A State agency—
(B) in the case of a household that is entitled in the month in which it applies to expedited service under section 2020(e)(9) of this title, shall provide that an eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraphs (3) and (9) of section 2020(e) of this title.
(1) In general
If the benefits of a household are reduced under a Federal, State, or local law relating to a means-tested public assistance program for the failure of a member of the household to perform an action required under the law or program, for the duration of the reduction—
(1) The Secretary may permit not more than five statewide projects (upon the request of a State) and not more than five projects in political subdivisions of States (upon the request of a State or political subdivision) to operate a program under which a household shall be considered to have satisfied the application requirements prescribed under section 2014(a) of this title and the income and resource requirements prescribed under subsections (d) through (g) of section 2014 of this title if such household—
(A) includes one or more members who are recipients of—
(i) aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income under title XVI of such Act (42 U.S.C. 1381 et seq.); or
(iii) medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.); and
(B) has an income that does not exceed the applicable income standard of eligibility described in section 2014(c) of this title.
(2) Except as provided in paragraph (3), a State or political subdivision that elects to operate a program under this subsection shall base the value of an allotment provided to a household under subsection (a) of this section on—
(A)(i) the size of the household; and
(B) the State agency may reduce the allotment of the household by not more than 25 percent.
(2) Rules and procedures
(II) the income standard of eligibility for medical assistance under title XIX of such Act [42 U.S.C. 1396 et seq.]; or
(B) at the option of the State or political subdivision, the standard of need for such size household under the programs referred to in clause (A)(ii).
(3) The Secretary shall adjust the value of allotments received by households under a program operated under this subsection to ensure that the average allotment by household size for households participating in such program and receiving such aid to families with dependent children, such supplemental security income, or such medical assistance, as the case may be, is not less than the average allotment that would have been provided under this chapter but for the operation of this subsection, for each category of households, respectively, in a State or political subdivision, for any period during which such program is in operation.
(4) The Secretary shall evaluate the impact of programs operated under this subsection on recipient households, administrative costs, and error rates.
(5) The administrative costs of such programs shall be shared in accordance with section 2025 of this title.
(6) In implementing this section, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services to ensure that to the extent practicable, in the case of households participating in such programs, the processing of applications for, and determinations of eligibility to receive, food stamp benefits are simplified and are unified with the processing of applications for, and determinations of eligibility to receive, benefits under such titles of the Social Security Act (42 U.S.C. 601 et seq.).
(1) In general
In the case of an individual who resides in a center for the purpose of a drug or alcoholic treatment program described in section 2012(m)(5) of this title, a State agency may provide an allotment for the individual to—
(A) the center as an authorized representative of the individual for a period that is less than 1 month; and
(B) the individual, if the individual leaves the center.
(2) Direct payment
A State agency may require an individual referred to in paragraph (1) to designate the center in which the individual resides as the authorized representative of the individual for the purpose of receiving an allotment.
(1) In general
(A) Applicability
(i) In general
Subject to clause (ii), at the option of the State agency, allotments for residents of any facility described in subparagraph (B), (C), (D), or (E) of section 2012(m)(5) of this title (referred to in this subsection as a "covered facility") may be determined and issued under this paragraph in lieu of subsection (a).
(ii) Limitation
Unless the Secretary authorizes implementation of this paragraph in all States under paragraph (3), clause (i) shall apply only to residents of covered facilities participating in a pilot project under paragraph (2).
(B) Amount of allotment
The allotment for each eligible resident described in subparagraph (A) shall be calculated in accordance with standardized procedures established by the Secretary that take into account the allotments typically received by residents of covered facilities.
(C) Issuance of allotment
(i) In general
The State agency shall issue an allotment determined under this paragraph to a covered facility as the authorized representative of the residents of the covered facility.
(ii) Adjustment
The Secretary shall establish procedures to ensure that a covered facility does not receive a greater proportion of a resident's monthly allotment than the proportion of the month during which the resident lived in the covered facility.
(D) Departures of residents of covered facilities
(i) Notification
Any covered facility that receives an allotment for a resident under this paragraph shall—
(I) notify the State agency promptly on the departure of the resident; and
(II) notify the resident, before the departure of the resident, that the resident—
(aa) is eligible for continued benefits under the supplemental nutrition assistance program; and
(bb) should contact the State agency concerning continuation of the benefits.
(ii) Issuance to departed residents
On receiving a notification under clause (i)(I) concerning the departure of a resident, the State agency—
(I) shall promptly issue the departed resident an allotment for the days of the month after the departure of the resident (calculated in a manner prescribed by the Secretary) unless the departed resident reapplies to participate in the supplemental nutrition assistance program; and
(II) may issue an allotment for the month following the month of the departure (but not any subsequent month) based on this paragraph unless the departed resident reapplies to participate in the supplemental nutrition assistance program.
(iii) State option
The State agency may elect not to issue an allotment under clause (ii)(I) if the State agency lacks sufficient information on the location of the departed resident to provide the allotment.
(iv) Effect of reapplication
If the departed resident reapplies to participate in the supplemental nutrition assistance program, the allotment of the departed resident shall be determined without regard to this paragraph.
(2) Pilot projects
(A) In general
Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out, at the request of 1 or more State agencies and in 1 or more areas of the United States, such number of pilot projects as the Secretary determines to be sufficient to test the feasibility of determining and issuing allotments to residents of covered facilities under paragraph (1) in lieu of subsection (a).
(B) Project plan
To be eligible to participate in a pilot project under subparagraph (A), a State agency shall submit to the Secretary for approval a project plan that includes—
(i) a specification of the covered facilities in the State that will participate in the pilot project;
(ii) a schedule for reports to be submitted to the Secretary on the pilot project;
(iii) procedures for standardizing allotment amounts that takes into account the allotments typically received by residents of covered facilities; and
(iv) a commitment to carry out the pilot project in compliance with the requirements of this subsection other than paragraph (1)(B).
(3) Authorization of implementation in all States
(A) In general
The Secretary shall—
(i) determine whether to authorize implementation of paragraph (1) in all States; and
(ii) notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the determination.
(B) Determination not to authorize implementation in all States
(i) In general
If the Secretary makes a finding described in clause (ii), the Secretary—
(I) shall not authorize implementation of paragraph (1) in all States; and
(II) shall terminate all pilot projects under paragraph (2) within a reasonable period of time (as determined by the Secretary).
(ii) Finding
The finding referred to in clause (i) is that—
(I) an insufficient number of project plans that the Secretary determines to be eligible for approval are submitted by State agencies under paragraph (2)(B); or
(II)(aa) a sufficient number of pilot projects have been carried out under paragraph (2)(A); and
(bb) authorization of implementation of paragraph (1) in all States is not in the best interest of the supplemental nutrition assistance program.