Page 3

Page 3 of 7 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. The Act excepts individuals from the time limit if they meet an exemption from the general work requirements at Section 6(d)(2). Age is not a listed exemption in Section 6(d)(2). If an individual aged 60 to 64 also meets an exemption from the general work requirements, such as being responsible for the care of an incapacitated person, then they are not subject to the time limit.

5. If an individual aged 60 to 64 is receiving Social Security benefits, are they subject to the time limit? Not necessarily. The Act does not provide an exception from the time limit for individuals receiving Social Security benefits. Social Security benefits refer to a broad range of benefits and may indicate that an individual is eligible for an exception. For example, an individual receiving disability benefits, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), would indicate the individual is medically certified as physically or mentally unfit for employment per 7 CFR 273.24(c)(2)(i). However, receipt of Social Security retirement and survivor benefits alone2 would not qualify an individual to meet an exception under the Act.

A.2 Changes to the Exception for Dependent Children 6. Does the exception for a dependent child in the household under age 14 require that the child is part of the same SNAP household? Yes, per 7 CFR 273.24(c)(3), the dependent child must be a part of the same SNAP household, as defined at 7 CFR 273.1(a), for the adult to qualify for the exception. For example, if an adult is the parent of a child under 14 who is not in the same SNAP household, then, the adult would not qualify for the exception.

7. Does the OBBB change the meaning of a dependent child for other SNAP policies? No. The OBBB change only applies to the exception from the time limit for a parent or other member of a household with responsibility for a dependent child at Section 6(o)(3)(c) of the Act. It does not change the understanding of dependent for other SNAP policy, such as the dependent care deduction.

2 Individuals can typically get monthly Social Security retirement benefits starting at age 62 if they have worked and paid Social Security taxes for 10 years or more. In addition, spouses and survivors may qualify for benefits at earlier ages.