State Regulations

Compare

All regulations, notices, and procedures for the certification of food assistance households and subsequent issuance of food assistance to eligible households are promulgated by the United States Department of Agriculture, Food and Consumer Services, Washington, D.C. The State of Alabama, Department of Human Resources, acting as agent of the United States Department of Agriculture, Food and Consumer Services, has no authority to unilaterally issue, amend, or invalidate instructions or regulations regarding certification or issuance of food assistance. All regulations and definitions in this section are invalid or amended insofar as they conflict with or are in variance with the United States Department of Agriculture, Food and Consumer Services regulations, notice, or instructions.

Author: Amy Plunkett

Statutory Authority: Food Stamp Act of 1977, 7 U.S.C. 2011 et seq ; 7 C.F.R. 271 et seq ; Code of Ala. 1975 , § 38-2-6(17) .

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

State Regulations

Compare

The Department adopts by reference Title 7, Code of Federal Regulations, revised as of January 1, 1994, selected sections of Parts 271-274. The sections to be adopted by reference are specifically: 271.1 thru 271.7; 272.1; 272.3; 272.4 thru 272.6; 272.8 thru 272.11; 273.1 thru 273.6; 273.7(a), (b), (g), (h), (i), (j), (l), (m), (n); 273.8 thru 273.15;273.16(e)(8), (h)(2), (h)(3); 273.17; 273.21; 274.1 thru 274 .11; 280.1 and all of same as may be amended. A copy of the adopted Code of Federal Regulations is contained in Appendix A. Also adopted by reference are Waivers 950032, 900017, and 950059. A copy of the adopted waivers is contained in Appendix B. Copies may be obtained for a cost at the Department's principle office, generally referred to as the Food Assistance Division, which is located at S. Gordon Persons Building; 50 Ripley Street; Montgomery, Alabama 36130-1801.

Author: Amy Plunkett

Statutory Authority: Food Stamp Act of 1977, 7 U.S.C. 2011 et seq ; Code of Ala. 1975 , § 38-2-6(17) ; 7 C.F.R. Subtitle B Chapter II Subchapter C.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

State Regulations

Compare

The policies requiring implementation upon enactment of Public Law 104-193 are as follows:

Option:

Mandatory minimum disqualification periods have been established for individuals who fail to comply with work or workfare requirements

* First violation-the later of the date they comply or one month.

* Second violation- the later of the date they comply with work rules or 3 months.

* Third violation-The later of the date they comply with work rules or 6 months.

Provisions of the Balanced Budget Act of 1997 allow state agencies to exempt from the three-month/36-month time limit up to 15 percent of the state's caseload subject to the Abie-Bodied Adults without Dependents (ABAWDS) provisions.

The first month during which an individual receives benefits while not exempt, working at least 20 hours or participating in an allowable work or training program for 20 hours shall be considered the first month of the 36-month period.

An individual is exempt from this requirement if the individual is:

Once the 36-month period has passed, the household member or household may again be determined eligible under routine procedures. If the member or household remains subject to this provision, a new 36-month period is determined.

* has worked 40 qualifying quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters. A qualifying quarter includes one worked by a parent of an alien while the alien was under 18 (including qualifying quarters worked before the alien child was born) and a quarter worked by a spouse during their marriage if the alien remains married to the spouse or the spouse is deceased. Any quarter beginning on or after January 1, 1997, will not be considered a qualifying quarter if the alien received any federal means-tested public benefits during that quarter such as Food Assistance, Medicaid, SSI and TANF.

within the last 7 years either entered the U.S. as a refugee, was granted status as an asylee, had deportation withheld, entered as a Cuban Haitian entrant; entered as an Amerasian immigrant (with appropriate immigration codes. Or

is a veteran honorably discharged for reasons other alienage or on active duty in the U.S. armed forces (other than active duty for training) or is the spouse or unmarried dependent child of a veteran or person on active duty.

was granted status as a refugee within the last 7 years; or

is a veteran honorable discharged for reasons other than alienage or on active duty in the U.S. armed forces (other than active duty for training) or is the spouse or unmarried dependent child of a veteran or person on active duty.

was granted status as a refugee within the last 7 years; or

is a veteran honorable discharged for reasons other than alienage or on active duty in the U.S. armed forces (other than active duty for training) or is the spouse or unmarried dependent child of a veteran or person on active duty.

was granted status as a refugee within the last 7 years; or

is a veteran honorable discharged for reasons other than alienage or on active duty in the U.S. armed forces (other than active duty for training) or is the spouse or unmarried dependent child of a veteran or person on active duty.

A veteran eligible for food assistance must have met the minimum active duty service requirements, 24 months or the period for which the person was called to active duty.

The surviving spouse of a deceased veteran or individual on active duty is eligible, provided the spouse has not remarried and the marriage lasted for at least one year or for any period if a child was born of the marriage or was born before the marriage.

The definition of veteran includes military personnel who die during active duty service, and Filipinos who served in the Philippine Commonwealth Army during WWII or as Philippines scouts following the war.

Aliens receiving payments for blindness or disability as defined in 7 C.F.R. 27 /.2.

Aliens who were lawfully residing in the United States on August 22, 1996, and were 65 years of age or older at that time.

Children who were lawfully residing in the United States on August 22, 1996, who are currently under the age of 18.

The following aliens are eligible for an indefinite period of time, even if they are not qualified aliens. They are:

American Indians born in Canada or Mexico, provided they are members of specific tribes for whom eligibility was extended.

An individual who is lawfully residing in the United States and was a member of the Hmong or Highland Laotian tribe at the time the tribe rendered assistance to the United States personnel in military or rescue operations during the Vietnam era beginning August 5, 1964, and ending May 7, 1975. The spouse or unremarried surviving spouse and unmarried dependent children of such individuals may also be eligible.