Axiom Foundation

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us/statute/42/1786/d — Eligible participants · Axiom

(2)#

(A) The Secretary shall establish income eligibility standards to be used in conjunction with the nutritional risk criteria in determining eligibility of individuals for participation in the program. Any individual at nutritional risk shall be eligible for the program under this section only if such individual— (i) is a member of a family with an income that is less than the maximum income limit prescribed under section 1758(b) of this title for free and reduced price meals; (ii) (I) receives supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 et seq.]; or (II) is a member of a family that receives assistance under the State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.] that the Secretary determines complies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995 ; or (iii) (I) receives medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]; or (II) is a member of a family in which a pregnant woman or an infant receives such assistance.

(B) For the purpose of determining income eligibility under this section, any State agency may choose to exclude from income— (i) any basic allowance— (I) for housing received by military service personnel residing off military installations; or (II) provided under section 403 of title 37 for housing that is acquired or constructed under subchapter IV of chapter 169 of title 10 or any related provision of law; and (ii) any cost-of-living allowance provided under section 405 of title 37 to a member of a uniformed service who is on duty outside the contiguous States of the United States.

(C) Combat pay .— For the purpose of determining income eligibility under this section, a State agency shall exclude from income any additional payment under chapter 5 of title 37, or otherwise designated by the Secretary to be appropriate for exclusion under this subparagraph, that is received by or from a member of the United States Armed Forces deployed to a designated combat zone, if the additional pay— (i) is the result of deployment to or service in a combat zone; and (ii) was not received immediately prior to serving in a combat zone.

(D) In the case of a pregnant woman who is otherwise ineligible for participation in the program because the family of the woman is of insufficient size to meet the income eligibility standards of the program, the pregnant woman shall be considered to have satisfied the income eligibility standards if, by increasing the number of individuals in the family of the woman by 1 individual, the income eligibility standards would be met.

(2)(A)#

The Secretary shall establish income eligibility standards to be used in conjunction with the nutritional risk criteria in determining eligibility of individuals for participation in the program. Any individual at nutritional risk shall be eligible for the program under this section only if such individual—

(i) is a member of a family with an income that is less than the maximum income limit prescribed under section 1758(b) of this title for free and reduced price meals;

(ii) (I) receives supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 et seq.]; or (II) is a member of a family that receives assistance under the State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.] that the Secretary determines complies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995 ; or

(iii) (I) receives medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]; or (II) is a member of a family in which a pregnant woman or an infant receives such assistance.

(2)(A)(i)#

is a member of a family with an income that is less than the maximum income limit prescribed under section 1758(b) of this title for free and reduced price meals;

(2)(A)(ii)#

(I) receives supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 et seq.]; or

(II) is a member of a family that receives assistance under the State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.] that the Secretary determines complies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995 ; or

(2)(A)(ii)(I)#

receives supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 [ 7 U.S.C. 2011 et seq.]; or

(2)(A)(ii)(II)#

is a member of a family that receives assistance under the State program funded under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.] that the Secretary determines complies with standards established by the Secretary that ensure that the standards under the State program are comparable to or more restrictive than those in effect on June 1, 1995 ; or

(2)(A)(iii)#

(I) receives medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]; or

(II) is a member of a family in which a pregnant woman or an infant receives such assistance.

(2)(A)(iii)(I)#

receives medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]; or

(2)(A)(iii)(II)#

is a member of a family in which a pregnant woman or an infant receives such assistance.

(2)(B)#

For the purpose of determining income eligibility under this section, any State agency may choose to exclude from income—

(i) any basic allowance— (I) for housing received by military service personnel residing off military installations; or (II) provided under section 403 of title 37 for housing that is acquired or constructed under subchapter IV of chapter 169 of title 10 or any related provision of law; and

(ii) any cost-of-living allowance provided under section 405 of title 37 to a member of a uniformed service who is on duty outside the contiguous States of the United States.

(2)(B)(i)#

any basic allowance—

(I) for housing received by military service personnel residing off military installations; or

(II) provided under section 403 of title 37 for housing that is acquired or constructed under subchapter IV of chapter 169 of title 10 or any related provision of law; and

(2)(B)(i)(I)#

for housing received by military service personnel residing off military installations; or

(2)(B)(i)(II)#

provided under section 403 of title 37 for housing that is acquired or constructed under subchapter IV of chapter 169 of title 10 or any related provision of law; and

(2)(B)(ii)#

any cost-of-living allowance provided under section 405 of title 37 to a member of a uniformed service who is on duty outside the contiguous States of the United States.

(2)(C)Combat pay .—#

For the purpose of determining income eligibility under this section, a State agency shall exclude from income any additional payment under chapter 5 of title 37, or otherwise designated by the Secretary to be appropriate for exclusion under this subparagraph, that is received by or from a member of the United States Armed Forces deployed to a designated combat zone, if the additional pay—

(i) is the result of deployment to or service in a combat zone; and

(ii) was not received immediately prior to serving in a combat zone.

(2)(C)(i)#

is the result of deployment to or service in a combat zone; and

(2)(C)(ii)#

was not received immediately prior to serving in a combat zone.

(2)(D)#

In the case of a pregnant woman who is otherwise ineligible for participation in the program because the family of the woman is of insufficient size to meet the income eligibility standards of the program, the pregnant woman shall be considered to have satisfied the income eligibility standards if, by increasing the number of individuals in the family of the woman by 1 individual, the income eligibility standards would be met.

(3)Certification.—#

(A) Procedures.— (i) In general .— Subject to clause (ii), a person shall be certified for participation in accordance with general procedures prescribed by the Secretary. (ii) Breastfeeding women .— A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier. (iii) Children .— A State may elect to certify participant children for a period of up to 1 year, if the State electing the option provided under this clause ensures that participant children receive required health and nutrition assessments.

(B) A State may consider pregnant women who meet the income eligibility standards to be presumptively eligible to participate in the program and may certify the women for participation immediately, without delaying certification until an evaluation is made concerning nutritional risk. A nutritional risk evaluation of such a woman shall be completed not later than 60 days after the woman is certified for participation. If it is subsequently determined that the woman does not meet nutritional risk criteria, the certification of the woman shall terminate on the date of the determination.

(C) Physical presence.— (i) In general .— Except as provided in clause (ii) and subject to the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 794 of title 29 , each individual seeking certification or recertification for participation in the program shall be physically present at each certification or recertification determination in order to determine eligibility under the program. (ii) Waivers .— If the agency determines that the requirement of clause (i) would present an unreasonable barrier to participation, a local agency may waive the requirement of clause (i) with respect to— (I) an infant or child who— (aa) was present at the initial certification visit; and (bb) is receiving ongoing health care; (II) an infant or child who— (aa) was present at the initial certification visit; (bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and (cc) has one or more parents who work; and (III) an infant under 8 weeks of age— (aa) who cannot be present at certification for a reason determined appropriate by the local agency; and (bb) for whom all necessary certification information is provided.

(D) Income documentation.— (i) In general .— Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income. (ii) Waivers .— A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to— (I) an individual for whom the necessary documentation is not available; or (II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.

(E) Adjunct documentation .— In order to participate in the program pursuant to clause (ii) or (iii) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of receipt of assistance described in that clause.

(F) Proof of residency .— An individual residing in a remote Indian or Native village or an individual served by an Indian tribal organization and residing on a reservation or pueblo may, under standards established by the Secretary, establish proof of residency under this section by providing to the State agency the mailing address of the individual and the name of the remote Indian or Native village.

(3)(A)Procedures.—#

(i) In general .— Subject to clause (ii), a person shall be certified for participation in accordance with general procedures prescribed by the Secretary.

(ii) Breastfeeding women .— A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier.

(iii) Children .— A State may elect to certify participant children for a period of up to 1 year, if the State electing the option provided under this clause ensures that participant children receive required health and nutrition assessments.

(3)(A)(i)In general .—#

Subject to clause (ii), a person shall be certified for participation in accordance with general procedures prescribed by the Secretary.

(3)(A)(ii)Breastfeeding women .—#

A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier.

(3)(A)(iii)Children .—#

A State may elect to certify participant children for a period of up to 1 year, if the State electing the option provided under this clause ensures that participant children receive required health and nutrition assessments.

(3)(B)#

A State may consider pregnant women who meet the income eligibility standards to be presumptively eligible to participate in the program and may certify the women for participation immediately, without delaying certification until an evaluation is made concerning nutritional risk. A nutritional risk evaluation of such a woman shall be completed not later than 60 days after the woman is certified for participation. If it is subsequently determined that the woman does not meet nutritional risk criteria, the certification of the woman shall terminate on the date of the determination.

(3)(C)Physical presence.—#

(i) In general .— Except as provided in clause (ii) and subject to the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 794 of title 29 , each individual seeking certification or recertification for participation in the program shall be physically present at each certification or recertification determination in order to determine eligibility under the program.

(ii) Waivers .— If the agency determines that the requirement of clause (i) would present an unreasonable barrier to participation, a local agency may waive the requirement of clause (i) with respect to— (I) an infant or child who— (aa) was present at the initial certification visit; and (bb) is receiving ongoing health care; (II) an infant or child who— (aa) was present at the initial certification visit; (bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and (cc) has one or more parents who work; and (III) an infant under 8 weeks of age— (aa) who cannot be present at certification for a reason determined appropriate by the local agency; and (bb) for whom all necessary certification information is provided.

(3)(C)(i)In general .—#

Except as provided in clause (ii) and subject to the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 794 of title 29 , each individual seeking certification or recertification for participation in the program shall be physically present at each certification or recertification determination in order to determine eligibility under the program.

(3)(C)(ii)Waivers .—#

If the agency determines that the requirement of clause (i) would present an unreasonable barrier to participation, a local agency may waive the requirement of clause (i) with respect to—

(I) an infant or child who— (aa) was present at the initial certification visit; and (bb) is receiving ongoing health care;

(II) an infant or child who— (aa) was present at the initial certification visit; (bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and (cc) has one or more parents who work; and

(III) an infant under 8 weeks of age— (aa) who cannot be present at certification for a reason determined appropriate by the local agency; and (bb) for whom all necessary certification information is provided.

(3)(C)(ii)(I)#

an infant or child who—

(aa) was present at the initial certification visit; and

(bb) is receiving ongoing health care;

(3)(C)(ii)(I)(aa)#

was present at the initial certification visit; and

(3)(C)(ii)(I)(bb)#

is receiving ongoing health care;

(3)(C)(ii)(II)#

an infant or child who—

(aa) was present at the initial certification visit;

(bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and

(cc) has one or more parents who work; and

(3)(C)(ii)(II)(aa)#

was present at the initial certification visit;

(3)(C)(ii)(II)(bb)#

was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and

(3)(C)(ii)(II)(cc)#

has one or more parents who work; and

(3)(C)(ii)(III)#

an infant under 8 weeks of age—

(aa) who cannot be present at certification for a reason determined appropriate by the local agency; and

(bb) for whom all necessary certification information is provided.

(3)(C)(ii)(III)(aa)#

who cannot be present at certification for a reason determined appropriate by the local agency; and

(3)(C)(ii)(III)(bb)#

for whom all necessary certification information is provided.

(3)(D)Income documentation.—#

(i) In general .— Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income.

(ii) Waivers .— A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to— (I) an individual for whom the necessary documentation is not available; or (II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.

(3)(D)(i)In general .—#

Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income.

(3)(D)(ii)Waivers .—#

A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to—

(I) an individual for whom the necessary documentation is not available; or

(II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.

(3)(D)(ii)(I)#

an individual for whom the necessary documentation is not available; or

(3)(D)(ii)(II)#

an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.

(3)(E)Adjunct documentation .—#

In order to participate in the program pursuant to clause (ii) or (iii) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of receipt of assistance described in that clause.

(3)(F)Proof of residency .—#

An individual residing in a remote Indian or Native village or an individual served by an Indian tribal organization and residing on a reservation or pueblo may, under standards established by the Secretary, establish proof of residency under this section by providing to the State agency the mailing address of the individual and the name of the remote Indian or Native village.