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Households without an elderly or disabled member still qualify for the HCSUA, if the household incurs heating or cooling expenses in accordance with Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 (FNA). If the household does not qualify for the HCSUA because they do not incur heating or cooling expenses, they may be entitled to the use of another standard utility allowance (SUA), based on the utility expenses they incur, or to the use of actual expenses, depending on the State agency’s SUA policy. Treatment of Third-Party Energy Assistance Payments Provided under State Law Section 10103 of the OBBB also changes how SNAP treats third-party energy assistance payments provided under a State law. Treatment of these payments also now depends on whether the household contains an elderly or disabled household member. Prior to the OBBB, State agencies were required to count third-party energy assistance payments provided under State law as income for SNAP purposes for all households. In addition, State agencies were required to count any expenses covered by these energy assistance payments towards the household’s shelter costs when determining their excess shelter deduction. Following the OBBB, third-party energy assistance payments provided under State law do not count as income if the SNAP household contains an elderly or disabled member. If the household does not contain an elderly or disabled member, State agencies must continue to count third-party energy assistance payments provided under State law as income for SNAP purposes. Section 10103 also differentiates how these payments are considered for the purposes of the excess shelter deduction, depending on if the household contains an elderly or disabled member. State agencies must continue counting any expense covered by these payments towards the household’s shelter costs if the household contains an elderly or disabled member. However, State agencies shall no longer allow households that do not contain an elderly or disabled member to count expenses covered by these payments towards their shelter costs. Implementation of Section 10103 Section 10103 of the OBBB was effective upon enactment, July 4, 2025. State agencies must apply these policies to new applicants at initial certification immediately. For ongoing households, State agencies must review household circumstances and at a minimum, apply Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts.