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case. The current regulations allowing State agencies to use PA verification rules for
factors of eligibility which are common to both food stamps and cash assistance could be
read to sanction the local agency's practices. However, it was never the Department's
intent that a household could be denied both food stamps and cash assistance, if it had
complied with the food stamp requirement, but had failed to comply with a more
stringent cash assistance requirement. While the Department believes that the language
of the current rule expresses this intent, it is apparent that it is subject to interpretation in
ways not in consonance with our policy. Accordingly, the final rule amends 7 CFR
273.2(f)(1)(iii) to clarify this intent. State agencies may continue to use PA verification
rules for factors of eligibility which are common to both food stamps and cash assistance;
however, the State agency may not deny the household's food stamp application if it has
provided sufficient verification in accordance with food stamp rules. For example, a
State agency may not deny a household's food stamps under joint processing, if it has
submitted verification of it circumstances sufficient for food stamp purposes, but fails to
submit to a home visit required for cash assistance purposes.
Several commenters thought that the final rules at 7 CFR 273.2(j) should be
updated to incorporate the substance of the Department's July 14, 1999, guidance on
categorical eligibility as well as the key points of clarifying questions and answers it has
issued since. The guidance clarified categorical eligibility in the Program by stating that
it applies not just to families receiving cash assistance under TANF-funded programs but
also to those receiving or qualified to receive services from such programs.
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"ocrText": "case. The current regulations allowing State agencies to use PA verification rules for\nfactors of eligibility which are common to both food stamps and cash assistance could be\nread to sanction the local agency's practices. However, it was never the Department's\nintent that a household could be denied both food stamps and cash assistance, if it had\ncomplied with the food stamp requirement, but had failed to comply with a more\nstringent cash assistance requirement. While the Department believes that the language\nof the current rule expresses this intent, it is apparent that it is subject to interpretation in\nways not in consonance with our policy. Accordingly, the final rule amends 7 CFR\n273.2(f)(1)(iii) to clarify this intent. State agencies may continue to use PA verification\nrules for factors of eligibility which are common to both food stamps and cash assistance;\nhowever, the State agency may not deny the household's food stamp application if it has\nprovided sufficient verification in accordance with food stamp rules. For example, a\nState agency may not deny a household's food stamps under joint processing, if it has\nsubmitted verification of it circumstances sufficient for food stamp purposes, but fails to\nsubmit to a home visit required for cash assistance purposes.\nSeveral commenters thought that the final rules at 7 CFR 273.2(j) should be\nupdated to incorporate the substance of the Department's July 14, 1999, guidance on\ncategorical eligibility as well as the key points of clarifying questions and answers it has\nissued since. The guidance clarified categorical eligibility in the Program by stating that\nit applies not just to families receiving cash assistance under TANF-funded programs but\nalso to those receiving or qualified to receive services from such programs."
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