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FOOD AND NUTRITION SERVICES CERTIFICATION ELIGIBILITY REQUIREMENTS FNS 227 NON-CITIZEN REQUIREMENTS
5 Section 227 Change #1-2026 February 1, 2026 4. No Claims for Pre-Recertification Benefits Individuals who lose eligibility at recertification due to H.R. 1 non-citizen eligibility changes are not subject to claims for benefits received between the H.R. 1 enactment date and their recertification date. Regulatory Authority: Per 7 CFR 273.12(a)(1), 7 CFR 273.12(d), and 7 CFR 273.18, households cannot be held liable for overissuances resulting from circumstances they were not required to report. 5. Implementation Summary
Scenario Action New application on/after 2/1/2026 Apply H.R. 1 eligibility criteria; initiate SAVE verification. Application filed prior to 02/01/2026 and pending as of 2/1/2026 Evaluate January 2026 or earlier months benefits under prior rules; February 2026 benefits under H.R. 1 criteria; initiate SAVE verification. Recertification on/after 2/1/2026 Apply H.R. 1 criteria; initiate SAVE verification; provide notice if status changes Currently certified; no change reported No action until recertification; do not initiate midcertification adverse action based on prior NCFAST certification status. Voluntary report of status change Act on reported change; initiate SAVE verification Benefits received before recertification No claims for pre-recertification benefits due to H.R. 1 changes
Proceed to FNS 227.02 Non-Citizen Requirement for detailed eligibility determination procedures.
227.02 NON-CITIZEN REQUIREMENT Each applicant/recipient of Food and Nutrition Services (FNS) must be a U.S. citizen, a U.S. national, or a non-citizen in an eligible immigration category under Section 6(f) of the Food and Nutrition Act (7 U.S.C. § 2015(f)) to participate in the FNS program.