Page 4

Page 4 of 4

elderly or disabled member, that household is no longer entitled to receive the HCSUA unless they incur heating or cooling expenses, as described above. Quality Control and Technical Assistance FNS will, as appropriate, hold States harmless for Quality Control (QC) purposes for 120 days from the implementation date. However, the 120-day variance exclusion period cannot apply if the State agency does not implement the new provision in accordance with 7 CFR 275.12(d)(2)(vii)(E). State agencies that implement a provision later than the required implementation date, but before the end date of the exclusionary period, will only be allowed a variance exclusion for the time remaining. State agencies that implement after the exclusionary period end date do not get a variance exclusion. Early implementation rules at 7 CFR 275.12(d)(2)(vii)(A) do not apply since the enactment date for Section 10103 of OBBB was July 4, 2025. A 120-day variance exclusion is permitted for the misapplication of changes in Section 10103 of the OBBB to new and ongoing SNAP households until the exclusionary period end date on November 1, 2025. FNS stands ready to work with State agencies and provide additional technical assistance as you work to implement the OBBB. State agencies with questions on Section 10103 of the OBBB should contact their respective FNS Regional Office. These questions will help inform additional guidance in future memos.

Sincerely,

Ronald Ward Acting Associate Administrator Supplemental Nutrition Assistance Program Food and Nutrition Service RONALD WARD Digitally signed by RONALD WARD Date: 2025.08.29 12:57:01 -04'00' 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.