TN 41 (03-91)

Citations:

7 U.S.C. 612C (note); 7 U.S.C. 2017 (b); 42 U.S.C. 1760 (e); 42 U.S.C. 1780 (b); 42 U.S.C. 3020a (a);

20 CFR 416.1124(b)

A. Policy

1. Food Stamp Program

The value of the food under the food stamp program to any household is excluded from income and resources.

2. School Lunch Programs

The value of any assistance to children under chapter 13 of title 42 of the U.S. Code, School Lunch Programs, is excluded from income and resources.

3. Child Nutrition Programs

The value of any assistance to children (e.g., school breakfasts, WIC Program, Milk Programs) under chapter 13A of title 42 of the U.S. Code, Child Nutrition, is excluded from income and resources.

4. Nutrition Programs For Older Americans

The value of any assistance (other than a wage or salary) provided by any project under chapter 35 of title 42 of the U.S. Code, Programs for Older Americans, is excluded from income.

B. Procedure

1. Assumption

Assume that any of the following have Federal involvement and are excludable under other Federal statutes:

• meals and milk provided free or at reduced rates to children  in schools and service facilities (e.g., day care centers, settlement houses, or recreation centers);

• meals provided free or at reduced rates to senior citizens  by a center or project under the auspices of a State or local governmental or nonprofit program for the aging. This applies to meals provided in a center or delivered to a household (e.g., eating together programs and meals-on-wheels);

• U.S.D.A. food commodities distributed by any program (private or governmental);

• food stamps and cash which has been verified as the value of the food stamps provided in lieu of the stamps;

• WIC distributions to pregnant women, infants and children.

2. Assumption Applies — Verification

1. Accept an individual's allegation of receipt of anything to which the assumption in B.1. above applies unless you have reason to question it (e.g., there is a question of unstated income (SI 00810.035)).

2. Use a precedent, documents in the individual's possession or contact with the provider to verify the nature of the source of meals provided to senior citizens or the substitution of cash for food stamps.

3. Exclude the item(s) from income and resources without further development or documentation.

3. Assumption Does Not Apply — Verification

Use documents in the individual's possession, contact with the provider, etc., to determine the nature of the program. See SI 00830.165.