FSP: Non-Citizen Eligibility and Certification Provisions of Public Law 104-193 Binder II [2]
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OCR Page 1 of 212OMB # 120 (part of)
Proposed Preamble Language
However, the advocates also commented on the proposed deletion of certification period
requirements in 7 CFR 273.10(f)(4). They felt that the elimination of guidelines for
certification period length based on household circumstances would negatively affect
households, particularly the working poor. Further, they felt that the increased use of 3-
month certification periods as an error reduction tool has proven burdensome and may be
part of the cause of the recent caseload reduction. The Department has considered these
comments and has reviewed the changes made by PRWORA concerning mandatory
certification period lengths. While PRWORA did remove certain mandated
requirements, PRWORA did not create any requirements or prohibitions other than the 12
and 24 month maximums. We share the advocates concerns about the unexplained
caseload reductions and the need to reduce the burden involved in participating in the
program for low-income working families. Therefore, in response to the comments from
the advocates, we have decided to maintain guidelines for assigning certification periods
in the regulations. These guidelines are: that households should generally be assigned
certification periods of 6 months or greater; that State agencies may assign 3 month
certification periods for households with unstable circumstances, such as ABAWDs or
household with zero net income; and that certain households may have circumstances that
are so unstable or that may only be eligible for a very short period of time that a
certification period of one or two months may be warranted. It is anticipated that very
few households would be certified for one or two months.
Proposed Regulatory Language
a new 273.10(f)3) would be added, and the existing (3) and (4) would be renumbered
(3)
The State agency should assign each household a certification period of at
least 6 months, unless a household's circumstances are unstable. Households with
unstable circumstances should be assigned certification periods consistent with their
circumstances, but generally no less than 3 months.
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